Department of the Legislative Assembly, Northern Territory Government

2005-11-30

Madam Speaker Aagaard took the Chair at 10 am.
PETITION
Closure of Irrkerlantye Learning Centre

Mrs BRAHAM (Braitling): Madam Speaker, I present a petition from 937 petitioners praying that the Northern Territory government review and reinstate support and funding to the Irrkerlantye Learning Centre. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders. I move that the petition be read.

Motion agreed to; petition read:
    To the honourable the Speaker and members of the Legislative Assembly of the Northern Territory,
    we the undersigned respectfully request the Northern Territory government review and reverse the
    Education minister’s decision and reinstate and support funding to the Irrkerlantye Learning Centre
    pending:

    (1) such time as the Northern Territory government is able to initiate a full review and
    evaluation to fairly assess whether students have progressed or made any
    achievements to their individual full potential, using current statistics and qualitative
    outcomes as measures of progress; and

    (2) that the outcome of the formal evaluation and review be used as a document to open
    consultations with the Aboriginal Arrernte community members and the Northern
    Territory government to identify education strategies to deal with disadvantaged
    children which are at high risk,

    and your petitioners, as in duty bound, will ever pray.
MINISTERIAL REPORTS
Book-Up Practices – Release of Discussion Paper

Dr TOYNE (Justice and Attorney-General): Madam Speaker, at a recent forum of all major banks, the Australian Competition and Consumer Commission, the Australian Securities and Investments Commission, and the Office of Consumer Affairs, I released a discussion paper on book-up which presents options for the better regulation of book-up practices in the Territory. Book-up, or ‘book down’, describes the practice of traders offering short-term informal credit to customers. The practice is particularly prevalent in remote indigenous communities, but also occurs in urban areas where traders have a significant indigenous customer base.

In exchange for credit the customer hands over his/her key card and, frequently, the PIN associated with that card, as security. This generates a dependency on that particular trader and undermines the ability of the consumer to choose where he or she purchases goods and household supplies. It also often leads to allegations of overpricing and imposition of service or loan fees. It enables the very worst of practices, with a trader able to withdraw money from a customer’s account without the customer’s knowledge or consent.

Unfortunately, the practice of book-up has not been able to be properly regulated because it does not fall under the National Consumer Credit Code due to its short-term practice and the lack of formal fees and charges. This is illustrated by the inability of relevant regulatory bodies to prosecute even the worst cases of unfair and unethical book-up practices where complaints against traders include: failing to return key cards when requested; failing to supply accounts for book-up clients; failing to supply receipts; overcharging for goods; debiting accounts without a consumer’s knowledge; removing money from accounts; and debiting accounts for items purchased or monies owed by other people, usually family members.

In response to the lack of regulation in this area, the ACCC, ASIC, Consumer Affairs and a legal team from within the Department of Justice formed a Book-up Reference Group to examine better ways of regulating book-up and minimising consumer detriment. This reference group has assisted in: preparing the book-up discussion paper which presents the advantages and disadvantages associated with book-up; details how book-up is conducted; discusses an existing voluntary code called the Alawa Store Agreement which was introduced to provide greater transparency in book-up arrangements; and discusses options for a better regulation of the practice of book-up.

The book-up discussion paper outlines a range of options for responding to book-up moving forward. These include: abandoning the voluntary code known as the Alawa Store Agreement; introducing an improved version of the voluntary code with modifications agreed to between Consumer Affairs, ACCC and ASIC; seeking bank action against traders who hold key cards and PIN through their EFTPOS agreements; amending national Trade Practices Act and the Territory Consumer Affairs and Fair Trading Act legislation to more readily link the holding of key cards and PINs to unconscionable conduct; and adopting regulations under the Consumer Affairs and Fair Trading Act to introduce a mandatory code to regulate the provisions of credit by traders.

These options are not necessarily mutually exclusive. Some of the advantages of introducing a mandatory code under Consumer Affairs and Fair Trading Act would be to establish national leadership in regulating book-up, which could partner any action taken by the banks against unscrupulous traders. It could, for example, prohibit traders from holding PINs. This would stamp out the practice of a trader being able to withdraw money from the customer’s account. It would protect the integrity of the consumer’s right to determine how his or her monies are spent, and outlaw the most serious abuses associated with book-up. A mandatory code could also require all products and items for sale to be price labelled, require receipts to be issued for all items purchased, and require the trader to keep a customer’s signed copy of the receipt for all items purchased on book-up. I acknowledge that many traders and community members support book-up as a practical way for families in need to get fed.

Members will be pleased to know that widespread community consultation on the discussion paper will involve book-up forums in all major Territory centres. In addition, the Commissioner for Consumer Affairs is committed to holding talks at indigenous communities throughout the Territory to explain options and receive feedback from community groups and all interested parties. Submissions in response to the discussion paper are sought and due by 20 February 2005.

Ms CARNEY (Opposition Leader): Madam Speaker, I thank the minister for his report. We look forward to looking at the discussion paper and, in turn, considering the report that will ultimately come from it. I can assure the Attorney-General that, on the basis that sensible reforms will be contained in the final report, and to the extent that any legislative action is required, the opposition will earnestly and sincerely look at those recommendations because all of us, I believe, have a part to play in improving the system. Of course, as we know, it has to be done in a balanced way and we will look at any recommendations on their merits. We look forward to the final recommendations in due course.

Mrs BRAHAM (Braitling): Madam Speaker, I also applaud the Attorney-General in this action. We are all concerned at some of the dishonest situations that we find in our constituencies. There is a need to bring honesty; for the system to be open and transparent. With this, Attorney-General, is the need for these people who use the book-up system to be better trained in financial management because, if they had the better understanding of how to manage their affairs, then there would not be this system that takes that control out of their hands. At the moment, many of them just do not have control over their financial situation. We will be happy to look at the paper you are putting out, and I am quite sure we will send it around for feedback. It is long overdue, and I believe it is a good move.

Dr TOYNE (Justice and Attorney-General): Madam Speaker, I thank members very much for their support for what we are doing. The actions we are contemplating to take on a national level are really groundbreaking. We will keep all members fully informed on what is coming from the consultations. I look forward to bringing a final proposal to the House.
White Ribbon Day

Ms SCRYMGOUR (Women’s Policy): Madam Speaker, Friday, 25 November, was White Ribbon Day – United Nations International Day for the Elimination of Violence against Women. White Ribbon Day is the largest campaign in the world involving men in the struggle to end men’s violence against women and children. The day is organised internationally and nationally by UNIFEM, including design of a web site, and print and television advertising. You may have seen this year’s confronting ads, with a man handing a baseball bat to a perpetrator of domestic violence. The message following was: ‘Do nothing, and you may as well lend a hand’.

In the Northern Territory, White Ribbon Day is coordinated by the Office of Women’s Policy and the Department of Chief Minister. We were honoured and privileged to have several prominent Territory men act as this year’s ambassadors for White Ribbon Day: His Honour the Administrator of the Northern Territory, Mr Ted Egan; AFL football legend, Mr Michael Long; and Mr Paul White, Commissioner of Police. Ambassadors promote the importance of men standing up to stop violence. As I have said, this year’s message is: ‘Do nothing, and you may as well lend a hand’. Most men are not violent, and ambassadors play an important role in urging men who do not commit violence to speak up if they witness or hear violence.

This year’s White Ribbon Day was launched simultaneously in Darwin and Alice Springs. High profile men from all walks of life, including politicians, men from business, sports, indigenous organisations and the media were invited to the launches. Fifty men attended the breakfast in Darwin at which ABC news presenter Michael Coggan was master of ceremonies.

Charlie King, well-known sporting identity and radio presenter, gave a powerful speech urging men to never commit, condone or stay silent about domestic violence. Mr King said he was heartened to see so many men at the breakfast, because usually when the issue of domestic violence or child abuse is discussed, it is the strong women of the communities who take part. He called on the strong men in communities to provide leadership in talking about the violence and putting an end to it. He highlighted the hidden and secret nature of much family violence, and urged everyone present to talk about the issue so it would not remain hidden in the future.

Commissioner Paul White also spoke at the breakfast and celebrated the one-year anniversary of the Police Violent Crime Reduction Strategy, which was launched on White Ribbon Day last year.

In Alice Springs, my colleagues, the Minister for Justice and Attorney-General, and the member for Macdonnell, addressed a morning tea attended by approximately 40 people. Mark Coffey, police Commander of Alice Springs Southern Region, also spoke.

The Zonta Club also held a White Ribbon breakfast in Darwin at which 60 women heard a strong speech from the Ombudsman, Carolyn Richards. Many of the men and women who participated in White Ribbon events have already offered their support to promote the day and, more importantly, its message next year.

White Ribbon Day was widely profiled in the media, print, television and radio and had a high level of support from the AFLNT and TEAFA. Football umpires wore white ribbons on Saturday and the ribbons were distributed at matches. Commercial and public radio also broadcast ‘stop violence’ messages throughout White Ribbon Day. The Office of Women’s Policy distributed 5000 free ribbons, hundreds of posters and silicone wristbands across the Territory to promote the message that violence against women is wrong and must stop. Government departments, sports clubs, real estate agents, credit unions, cafs, health services, law firms - to name a few - all took part in promoting the White Ribbon Day message. All Territory Police, Fire and Emergency staff were sent ribbons to wear on that day. I, too, was proud to wear a white ribbon and silicone wristband.

The National Violence Against Women Australia Says No campaign was also run to coincide with White Ribbon Day. These advertisements have been broadcast on television, at the cinema, and in our pubs and clubs. White Ribbon Day offers a unique opportunity to promote the No to Violence message on many fronts. I urge all of us to heed the message and to help spread it at all times, and not just on the one day of the year which is the public face of the message.

Ms CARNEY (Opposition Leader): Madam Speaker, I thank the minister for her report. Unfortunately I was driving very early in the morning from Katherine to Darwin, so missed the events everywhere else in between. However, I did think about it as I drove back from Katherine.

Members in this House will know that I just do not think about this issue one day a year. In fact, I have raised the issue of domestic violence and violence against women in this Chamber and outside of it since I have been a member of parliament. It is an interest I have had for some years.

On the basis of the minister’s report, I am heartened. Perhaps this government will support the Sentencing Amendment (Aboriginal Customary Law) Bill. After all, that is a bill that is about violence against women. Customary law is a shield behind which violent Aboriginal men hide. It is an unconscionable mechanism by which their criminality is reduced or excused. It is unconscionable, and members on the other side cannot have it both ways. They cannot come into the Chamber and say: ‘We care, we care’, but sit in silence 364 days of the year and do nothing when it comes to the outrageously high levels of violence in our indigenous communities in the Northern Territory.

I invite that minister and her colleagues to get on board and support the customary law bill. She said in her press release that White Ribbon Day is about reinforcing that violence against women is unacceptable. Well, do your job, serve your conscience well, and support my bill.

Mrs BRAHAM (Braitling): Madam Speaker, I thank the minister for her report. I attended the ceremony in Alice Springs where Mark Coffey was present with the minister. It was well attended. I was interested to see that there was not one Aboriginal man there. I do not know whether they had been invited. I know Congress was there but, surely, if part of our target group is the Aboriginal scene, then we should have had some leaders, some role models, from the Aboriginal community involved in that morning tea. Perhaps next year you need to keep that in mind; we need to get Aboriginal men along to these functions as well.

One of the questions raised was violence against disabled people. This was raised by Michelle Castagna. As she said, it is hidden and very often disabled people are not in the situation where they can report it. It is something we need to be aware of; it does happen, and it is of concern for the disabled services.

Many people mentioned the fact that they often know domestic violence is going on, but there is no mandatory reporting requirement. The woman or the man concerned may not report it; however, there should be some mechanism in place where, if we see someone who is being seriously abused physically, we can report it. The trouble is, if you do it without the consent of the person who has been abused, they may not want to take action. It also concerns me. I do know of situations where women have been abused, and they just say ‘that is part of my life’, and back off and do not want to do anything about it.

It is great to highlight the fact. I agree with the Leader of the Opposition: we need to be ever vigilant. This government could also show their great support of Aboriginal women who are suffering at the moment by introducing or supporting the legislation that is on the books.

Ms SCRYMGOUR (Women’s Policy): Madam Speaker, I thank the Leader of the Opposition for telling me to get my head out of the sand and do my job. The member for Araluen stands up here and professes that she is the only one who lays claim to being interested and committed to the issues of violence against our women. There are many of us in this Chamber who have stood up, not only in this Chamber, but have done the hard yards for many years at the coalface of communities and working with organisations. Hypocrisy and hysterical ranting comes out of the Leader of the Opposition in relation to this. She ought to get some facts, and look at this issue. There are some good indigenous men who are standing up and looking …

Ms Carney interjecting.

Ms SCRYMGOUR: We are not denying that it is a huge issue in our indigenous communities. There is a lot of work and communities are working on this.

In relation to the member for Braitling saying that there were not any indigenous men at that function, there were indigenous men as I understand, at the Darwin function. In Alice Springs, maybe we still have some work to do. It is not as if …

Madam SPEAKER: Minister, your time has expired

Ms SCRYMGOUR: … those men are not interested in it.

Sports Development – Grants Scheme

Ms LAWRIE (Sports and Recreation): Madam Speaker, the government is often applauded for the work we have done in attracting big sporting events to Darwin. In our first term, we brought AFL, test cricket, the National Basketball League, and national league netball to the Territory. Naturally, we are proud of this record, but we are equally proud of what we have achieved supporting grassroots sports development. Obviously, the work we do here does not get the same attention but it is just as important.

In the last financial year, about $6m was provided to grassroots sports and recreation organisations to run and develop sport and recreation across the Territory. This figure represents support for a wide range of activities and programs that, importantly, are designed specifically to get Territorians active.

One of these programs is the Grassroots Development Grants program, which was established to support new and innovative projects which promote opportunities for participation. When funding allocations are made to particular projects, consideration is given to maximum benefit across the wider community and, pleasingly, there is also a strong focus on regional and remote organisations. The Grassroots Development Grants are one of our most important tools to get Territorians active and involved in ongoing sport and recreation opportunities with their communities.

Some examples of what is possible are inaugural events such as ‘come and try’ events, training new target groups, and projects targeting new members. Perhaps the best thing about the grassroots program is that no program is too small. This is not about large amounts of money going to peak bodies, but smaller amounts designed to help small but significant programs to get off the ground.

Round 1 of this financial year’s allocation has recently been awarded and I will share some of the fantastic initiatives and projects that this government is proud to be supporting.

The Alice Springs Cycling Club has received $3000 to purchase six purpose-built bicycles for a ‘come and try’ track cycling program. This will increase opportunities for young people in Central Australia to access structured cycling activities. The club has also raised $1400 to put to the project, which is a commendable effort.

Also in Alice Springs, the Alice Springs Running and Walking Club has been funded $2440 to conduct a Triple 5 Program which involves teams of five people training to compete in a 5 km fun run/walk over a five-week period. The aim is to encourage novice walkers and runners to participate and become new members of the club.

The Yuelamu community also benefited with funding to purchase a reversible grand slam basketball/netball tower and to mark out playing courts. The community raised over $1000 for this project. I look forward to visiting the community to watch their teams in action.

The Borroloola Community Government Council has also been a worthy recipient of $2200 in funding this round. The council is to kick start a new regional women’s softball carnival, with teams travelling in from nearby areas to compete. The council has worked hard with our regional indigenous sport officer, Marcus Rosas, towards a successful outcome for the women in the region, and I wish them luck with the project.

The Groote Eylandt and Milyakburra Youth Development Unit has used their grant to fund an after-school sports program for youth from the Malkala outstation and surrounding community. This will not only expose participants to a range of sporting activities but, importantly, introduce a level of physical activity which, if sustained, will lead to healthy outcomes for its participants.

In Tennant Creek, the TC Kids Sport Group has received $3000 to introduce a program which will include sports such as tennis, cricket, touch, softball and gymnastics. The funding will assist with the purchase of equipment to get these initiatives off the ground. The Tennant Creek Council also received funding to establish a fitness program for seniors in the community. This is a fantastic initiative, as we are all aware of the need for fitness as a lifelong activity to maintain health.

In Katherine, a group known as Ultra Challenge Incorporated, successfully applied for funding to establish and promote a multisport club in Katherine. The club will conduct outdoor events such as triathlon, cross-country cycling and running, as well as a Katherine Ultra Challenge event. This initiative will, no doubt, increase opportunities for participation in outdoor pursuits for the people of Katherine.

The Nhulunbuy Corporation was awarded $2776 to run first aid courses for young people in the region. This initiative recognises a need for such skills at all sporting activities.

In Darwin, the 1st Darwin Sea Scouts have been provided $2500 to repair its whaler boats for safe participation in sailing activities. I congratulate Chris Kelly and the gang there for raising $1200 for retraining group leaders in safe sailing practice.

These are just a few examples of the excellent work undertaken by Territorians to encourage physical activity for the whole community. I thank the mostly volunteers who have put in the grant submissions. The Territory government is proud to support grassroots physical activity.

Mr MILLS (Blain): Madam Speaker, it is good to hear; it is far more important to invest in the grassroots than it is in the major events that, sadly, allow government to showcase their own credentials rather than to empower the many volunteers who work very hard behind the scenes to make sport work.

I would have liked to have heard, rather than the cash grants that are given to these organisations - which is welcomed and would be the focus of a future CLP government because you do need to feed the roots otherwise you do not have anything to sustain long-term benefits in sport - that you recognise the impost of bureaucracy and legislation, particularly related to insurance. They are the burdens that sporting committees have to carry. We need to find some means to assist those organisations to get through the maze of regulation that makes it very difficult for the ordinary person who wants to help with their local sporting body. They also need that kind of support because it is governments that create those problems, and we should be able to assist those volunteers to get through that maze.

There was no mention of the back page of the NT News of yesterday, that the AFL, or Marrara stadium needs to be upgraded. I would like to hear a response from that in the minister’s reply. I would also like to hear that the minister has taken on board my call in the last sittings for an audit of the health and fitness levels of young Territorians so that we can actually see that the purpose of sport and rec does make a difference to a known issue; that being the rising levels of obesity and lack of fitness in our young people, which is a national and a Territory problem. I ask the minister to respond to the call for an audit of the health and fitness levels of young Territorians so that we know that our money is actually going to achieve a real outcome of what is a known problem.

Finally, recognition of the great efforts of the Socceroos. I am sure that, in the way that you guys have acknowledged the triumph of the Greeks, let us celebrate the triumph of the Australians.

Members: Hear, hear!

Ms LAWRIE (Sport and Recreation): Madam Speaker, I thank the member for Blain for his support for our grassroots program. I point out to the member for Blain the $6m we provide for grassroots funding is much more than what we provide for major events to come here. I have to say that it is very disappointing that the CLP would scrap the major events …

Mr Mills: Who said that we would scrap them?

Members interjecting.

Mr Mills: That is not true!

Madam SPEAKER: Order, order!

Ms LAWRIE: … the netball, the basketball, the softball, the V8s are all very well supported and well loved major events in the Territory …

Members interjecting.

Madam SPEAKER: Order!

Ms LAWRIE: I encourage him to get out more often to listen to what people are saying.

I congratulate the AFLNT for working on a taskforce with the Territory government to bring more Bulldogs games here. Tony Frawley, quite appropriately, is putting pressure on the AFL to provide some capital works dollars, so I encourage them in those efforts.

Finally, we do assist sporting organisations with bureaucracy. We have a Sportsbiz consultant, something that is a Labor initiative, never existed under the CLP, and our participation development officers work with all sporting clubs.

Reports noted pursuant to Sessional Order.
LAW OF PROPERTY AMENDMENT (SALES OF RESIDENTIAL PROPERTY) BILL
(Serial 13)

Bill presented and read a first time.

Mr WOOD (Nelson): Madam Speaker, I move that the bill be now read a second time.

This bill is similar to a bill I introduced in 2004 with one notable amendment; the bill aims to introduce vendor disclosure in the sale of residential land and property in the Northern Territory. This enhances consumer protection for buyers and sellers, and reduces the risk of gazumping. My bill of last year was not supported by the government because the Minister for Justice and Attorney-General argued more consultation was necessary.

In his response in October 2004, the minister said:
    The government will always support measures that provide consumer protection, so long as they are workable
    and have broad community support. A balanced approach to the regulation of sale of property is required, and
    the government takes the view that the bill proposed by the member for Nelson certainly goes some way
    towards achieving that. The Department of Justice will shortly complete a discussion paper concerning the
    issues of vendor disclosure that I foreshadowed last year. The government proposes this discussion paper
    be developed and circulated for public comment. The member for Nelson has undertaken consultation of
    his own, some of which has been forwarded to my office.

That was almost 14 months ago, during which no discussion paper has surfaced. In the meantime, people can still be gazumped in land or property purchases ...

Madam SPEAKER: Excuse me, member for Nelson, I remind people in the galleries that no further photography is allowed. Please continue.

Mr WOOD: With no obvious moves by the government to do what they said that they would do, I have again consulted with the industry to revise my bill and reintroduce it. This bill is largely modelled on the ACT Civil Law (Sale of Residential Property) Act which, in turn, was an amalgamation of the best features of the Queensland, South Australian and New South Wales conveyancing systems. However, this bill also varies in some small but important ways from the ACT legislation to reflect different conditions in the Northern Territory.

Gazumping occurs when a seller or real estate agent accepts a verbal offer from a buyer which might be through a verbal agreement or a handshake but, later, the vendor accepts another offer, usually higher, from another buyer. It usually occurs when the market is booming, demand is high and there is limited supply of residential properties or land. Sellers can also be gazumped, usually in a depressed market when the buyer finds a property at a better price and pulls out after making an offer. Gazumping can cause distress, frustration, disappointment, annoyance, tears, a breakdown in trust, and financial loss. Potential buyers can feel cheated and deceived, but the buyer has no rights to a property simply because he or she has made an acceptable offer or even paid a holding deposit.

The real estate agent is acting on behalf of the vendor and wants to get to the highest sale price. In fact, the agent has an obligation to pass on all offers to the vendor until the contracts are exchanged. Therefore, when gazumping does occur, the agent is usually doing what he or she should be doing.

All relevant literature says there is no legally binding sale until a contract of sale has been signed by the buyer and seller and exchanged. A verbal promise, or the acceptance of an offer, does not constitute a contract of sale. Gazumping is an unpleasant fact of life in private treaty real estate transactions. This apparently arises because of the history of the sale of land. Compared with other goods or services, the sale of which can be agreed on a handshake, agreements to sell and buy land are governed by the Statute of Fraud, a centuries’ old doctrine that requires a contract for land to be in writing for it to be binding. All of the relevant literature also says ‘buyer, beware’.

The Northern Territory Law Handbook says that in the Territory there is limited legal protection for people who buy property, and the legal maxim, caveat emptor or ‘Let the buyer beware’ applies. In the standard contract of sale, the seller is not required to disclose any matters that may affect the saleability or value of a property, nor to give any warranties.

Some states have introduced legislation to restrict the window of opportunity for gazumping, and that is what I am doing with this bill. No jurisdiction has tried to outlaw gazumping or to create an offence of gazumping. Gazumping occurs because of the time gap between verbal acceptance of an offer and the exchange of contracts. Anti-gazumping measures are generally aimed at reducing this window of opportunity. Briefly, this is what the bill proposes, and I will outline each section in more detail later.

The seller of a residential property will need to have a draft contract of sale prepared before listing the property on the market. Attached to this contract will be due diligence documents and reports which will provide the buyer with all the information necessary to help determine whether they want to buy the property. These documents include the title search, the results of the building inspection, the pest report, a bore status report if the land is a rural block, a septic tank status report if that applies, and a flood prone report if that is applicable to the land being sold. The ACT government claimed that because the New South Wales anti-gazumping legislation did not require such inspection reports to be attached to the sale contract, it had not worked; the window of opportunity for gazumping still existed.

The seller will recoup the cost of these reports from the buyer. The buyer and seller will be able to enter into binding written contracts as soon as an offer is accepted. The conveyancer or lawyer will still be needed by the vendor to get the documents and certificates, and by the purchaser to check the documents attached to the contract, but there will be a shorter time frame for doing those checks. Of course, the sale can still go through without a conveyancer or a lawyer, as can happen now, although it is not usually recommended because of the possible legal pitfalls. The real estate agent will not be drafting the contract, but will be able to fill in certain prescribed details such as the name and address of the parties, the sale price and date of contract. The seller can be fined if the reports or certificates misrepresent the situation, or if the person who prepares the report is a relative or business partner. Requiring the seller to have these documents for a buyer to inspect from the time the property is first advertised for sale closes the window of opportunity for gazumping. Buyer and seller would enter into a binding contract as soon as the offer is accepted.

The bill inserts a new provision in the Law of Property Act. The division starts with a range of definitions, including one for residential property which, basically, means any land on which residence has been or can be built no matter what is the size of the land.

Clause 78C of the bill spells out the documents that are required to be prepared and attached to the contract of sale before the property is listed for sale. I have outlined those already. It will be an offence if the seller gets a relative, his agent, his lawyer, or anyone who has a direct or indirect interest in the seller’s business, to prepare these reports or certificates. I have added several extra reports: the title search, the bore status report, and the septic tank status report which are important for rural residents, and the flood prone report which is important for consumer protection. This is the one area where legislation differs from that in the ACT. Clause 78E requires all the documents be available for inspection once the property has been listed for sale.

Clause 78F spells out the details of the cooling off period, where it applies, when it does not apply, and how long it is. The purchaser can shorten, lengthen, or waive a cooling off period only when he or she has sought advice from a lawyer. The lawyer must sign a certificate, and a copy of that certificate must go to the vendor.

My original bill of 2004 included a penalty should a contract be rescinded during the cooling off period. I have removed that penalty following consultation that the Real Estate Institute of the Northern Territory. While many jurisdictions do have such a penalty clause, I accept REINT’s view that this is an unnecessary financial punishment. The bill does, however, require refund of the deposit in times of recession. Despite not having a penalty, I still believe the bill retains consumer protection provisions through vendor disclosure.

Clause 78L requires the buyer to reimburse the seller for any costs involved in getting their reports attached to the contract of sale. This would be part of the normal process of settlement where certain payments, such as council rates, are adjusted and levied.

It will be an offence under clause 78M for a person to give false or misleading information in any of their reports. A person who prepares a report or certificate containing false or misleading information will be liable to compensate the purchaser for the loss or expense. This will give the consumer - in this case the buyer - extra protection and ensure that building and pest inspections are carried out with due diligence.

Buying a house is well known as probably the biggest expense many people will ever make, and even more so with the ever-increasing cost of land and housing. It is important, therefore, that buyers have the utmost in consumer protection, which they do not get under the ‘buyer, beware’ philosophy. My bill will afford this protection. I advise, Madam Speaker, that the explanatory notes are being printed at the moment and they will be available later. I commend the bill to members and look forward to their support.

Debate adjourned.
SENTENCING AMENDMENT (ABORIGINAL CUSTOMARY LAW) BILL
(Serial 19)

Bill presented and read a first time.

Ms CARNEY (Opposition Leader): Madam Speaker, this bill is the second bill that I have presented on this issue and it is almost identical to the one I introduced in August 2003. I will deal with the reasons as to why this bill is necessary shortly. As I have argued this case in and outside the parliament, there will be some degree of repetition. However, sometimes in life if things are not happening in the face of government inaction or the inaction of others, when it comes to any issue, you just need to keep beating the drum, as it were, in the hope and possible expectation that one day something would be done; that is, that the right result will be achieved.

This bill seeks to amend section 5A of the Sentencing Act which precludes courts of the Northern Territory taking customary law into account for sentencing purposes. As I have said, this is the second time I have introduced this bill. The slight difference this time, however, is that the bill will also seek to repeal the government’s Sentencing Amendment (Aboriginal Customary Law) Act. We debated that bill in December 2004, almost a year ago. In order to explain why it was that the bill currently before us extends to a repeal of the Sentencing Amendment (Aboriginal Customary Law) Act and to adequately explain why the bill today needs to repeal that, I thought it noteworthy to go back to the debate that occurred on 1 December 2004. I said in that debate of the government’s bill:
    It probably deserves qualified support because it does improve the current situation. However, it is worth noting that the
    CLP’s position in relation to it is that it does not go far enough. I will repeat that: it does not go far enough.

I also said during the debate:
    … the bill presently before us does improve the present system so that a party who seeks to present information about
    customary law must give notice to the other party and provide information by way of oral evidence, affidavit or statutory
    declaration. That does overcome the problem that has existed, namely submissions from the bar table, which have,
    some would say, appeared so seductive to judges and magistrates in many cases.’

I went on to say:
    However, whilst this bill formalises the way in which customary law can be put to the court on notice to the other party,
    it still provides for customary law to be used in mitigation when sentencing. We say that it should not be there at all
    because it is a shield behind which violent men hide.

I also said when I was heading towards the conclusion of my contribution to the debate:
    Nevertheless, given that the government is apparently, and the Attorney-General in particular, comfortable with the
    fact that the use of, and reliance on, customary law in sentencing protects violent offenders, then we are left to
    consider this bill on its merits. Knowing that the government has no intention of changing the law to remove
    customary law from sentencing, knowing that the Attorney-General would prefer to sit by and refuse to act, we are
    in a position to offer qualified support to this bill, which I said at the outset.

In a nutshell, the Sentencing (Aboriginal Customary Law) Bill did improve the current system. However, the threshold issue as to whether customary law should be used in mitigation in sentencing was not addressed. Hence, the bill before us today repeals that for reasons that are blindingly obvious.

In 2003 when I introduced this bill, the Attorney-General made a number of comments publicly and, in the context of the bill that I am now introducing, I thought it poignant to quote some of the things that he said. He said in a radio interview on 6 November 2003:
    There are moves by Jodeen Carney, Loraine Braham, to disallow customary law as evidence in cases of this type in the
    courts. We disagree with that. We believe that there is no basis to single out just indigenous people on being able to
    talk about their culture and their background to help explain their behaviour.

On 10 November on another radio program the Attorney-General said:
    We are not about going into either our courts or our general system of law and saying to indigenous people alone that your
    culture is not acceptable in the Northern Territory, while allowing every other culture on earth to come here and become
    part of our population. I think there is a discrimination issue involved in this as well, and I think we are not prepared to
    single out our customary law beliefs and say that you alone to indigenous people, you alone cannot bring any of that
    to our justice system. We have got to deal with the reality that is there and, regardless of the consequences, I think
    we need to give every weight to everyone’s culture.

I make the following points in relation to the comments made by the Attorney-General. I note, with interest and sadness, his reference to ‘regardless of the consequences’. The consequence of not doing something about this issue and, in particular, not supporting this legislation is that violent Aboriginal men will continue to hide behind the shield that is customary law. I am not saying for a moment that customary law in toto should be removed from the justice system. Any suggestion - and I am sure it will not come, but if there is a suggestion from government - that that is what we are trying to do, that is simply not the case. It is only in respect of section 5 of the Sentencing Act; that is, for sentencing purposes the court should not take it into account.

I am disturbed that the Attorney-General said two years ago that, regardless of the consequences, we need to give equal weight to everyone’s culture. There is a culture of violence being perpetrated in Aboriginal communities around the Northern Territory. Local members of parliament and citizens of the Northern Territory see it on an almost daily basis. It exists in our town camps, streets and communities the length and breadth of the Territory. By getting a bit twitchy and resisting an attempt for change on the basis that ‘Oh well, it is culture and, therefore, is okay’, completely denies the end result; that is, that the wrongs being perpetrated that we all know about and all see, are going to be tolerated by government. There is a point at which - and I am sure that I have said this before - where we need, as a community and a parliament, to draw a line in the sand and say there is no sliding scale of violence - violence is violence. There is a culture of violence, particularly in our indigenous communities and we, as legislators, have an opportunity to play our part in doing something about it.

There have been two cases - the Jackie Pascoe case a few years ago and the Yarralin case in more recent times. I am sure members and anyone listening to this broadcast will know those cases. However, there are others. I have seen, when I was practising, lawyers from the bar table making submissions without evidence, in effect, of their client: ‘It was his culture and, therefore, he beat the living daylights out of his wife’; ‘It was his culture, therefore, that enabled him to rape a girl of 14’. Not good enough by a country mile. Yes, there are some high profile cases, but the wrongs that are being perpetrated in the Territory’s indigenous communities are, in fact, being perpetrated on a regular and systematic basis.

Since I have raised the issue of the Yarralin case, I was concerned with what the Chief Minister said, or was reported to have said, in The Australian newspaper on 16 September. It is reasonably clever and, no doubt, a few people will fall for it. However, so that I sleep well at night, I would like to get my interpretation of what the Chief Minister said and my response to it on the Parliamentary Record.

In relation to the Yarralin case, which is presently on appeal, the Chief Minister said that she would only review the government’s position after a decision is made by the Court of Appeal and if it seems to reflect any inadequacy in our laws. That might be believed by some, but it is important that I say what the Chief Minister is up to here. During the last parliament, I asked the Attorney-General a question about customary law. To his credit, he indicated in his answer that there may be some room to move. I do not know what happened behind closed doors thereafter. We certainly have not received any leaks so far enlightening us to what may or may not have been said. Not long after that, the Chief Minister came out and said: ‘No, we will only review it once the Court of Appeal decision is made’. There was, obviously, some false hope on my part - and, perhaps the Attorney-General’s part, I do not know – and an expectation that something might be done. In any event, it is downright misleading and it is political smoke and mirrors routine to say: ‘Oh well, we will wait for the Court of Appeal’. I will bet London to a brick that the appeal is successful. I will bet that the sentence that was imposed on the violent Aboriginal man in question will be extended, or at least there will be some comment as to the length of the sentence.

However, the issue that I am raising here is not about the length of the sentence, it is about a law on the books in Northern Territory. Either that law is right or it is wrong, it needs to be fixed or it does not, and some people are prepared to sit around and not fix it. It has nothing to do with the appeal, and it is mischievous in the extreme. When it comes to participating in this debate after Christmas, I am sure the Attorney-General will say: ‘We were just waiting for the appeal’. The appeal will give some indications. It will, no doubt, give government an inadvertent nod, and create the opportunity for the Chief Minister and the Attorney-General to say: ‘It was because the Court of Appeal said that things needed to be changed that, therefore, we, the Labor government, have changed the law’.

The Court of Appeal will not be commenting on that part of the Sentencing Act which is currently before us to be considered in this bill. I say again, either the law of the Northern Territory is inadequate or it is not. Of course, the inference from what the Chief Minister was saying is that, if the appeal is not successful, then government will not act. They are waiting for an indication from the Court of Appeal but, if they do not get that indication, I am sure the Court of Appeal will inadvertently provide government with the wiggle room or the opportunity to announce a change to the law. However, if you accept for a moment that the appeal might not be successful, does it follow that the government does not act?

I ask again: are you people serious about this? Do you genuinely feel that this law, the way the law is structured in the Northern Territory, is right or wrong? I am suggesting to you that it is wrong, and that we, as legislators, can do something about it. The wait and see, politically cute approach by the Chief Minister is bizarre, but understandable, noting how this government works. I say on this issue that the law can be changed now. It has nothing to do with the Yarralin appeal. If a government waits for a politically expedient outcome from the justice system, then this is a government that does not have the courage of the convictions I thought members of the Labor government had. If this law is not changed, then there will be more cases like this. I wonder whether that troubles members of the Australian Labor Party who sit in this Chamber. It troubles me a great deal. I could not quite work out where the Chief Minister was coming from initially, but then I worked out that it will all slip into a politically convenient formula.

I am expecting that, ultimately, the Australian Labor Party government here in the Territory will change this law. They could not quite bring themselves to say: ‘Yes, CLP, yes, Jodeen Carney, we will support you on this’, because there is no political advantage in it, and that is how they operate. Only if there is a political advantage in it will this mob do anything; that is how they operate, that is politics. However, it is disappointing to say the least. I suppose only they know how well they sleep at night.

When I see people like the Minister for Women’s Policy giving a ministerial report this morning about White Ribbon Day and how important it is and how we all should think about violence perpetrated against women in our community, I get pretty hostile. This is a minister and her colleagues who can actually follow through what they say they care about. They can follow through. This bill can be done and dusted just after Christmas. It will not be, because I am fully expecting the Australian Labor Party to oppose the bill - not because it is the right thing to do, but because politically it is the right outcome. Forget about morality and conscience.

A media release by the Minister for Women’s Policy said: ‘Territory men say no to violence against women’. Well, not in the indigenous communities of the Northern Territory, they do not. You know what indigenous men say to violence? They say: ‘Rip into it and we will beat our women, and we will rape our women, because nothing is being done, we are protected by the law’. This mob does not even care about it.
The minister says White Ribbon Day is about reinforcing that violence against women is unacceptable, and that - I cannot believe they put this in a release - doing nothing allows the violence to go unchallenged. Well, it does, doesn’t it? It does. They obviously forgot that this bill was going to be introduced today. If you guys, if you lot, are prepared to sit around and do nothing, be it on your head, you can wrestle with your own conscience, although I am getting the distinct impression that some of you are devoid of any intestinal fortitude, courage, conscience, and general good manners in the case of some.

It is troubling, isn’t it, that we see a media release, and hear the minister saying: ‘Oh, I care, I care’. Well, if you care, rip into it and support this bill. Politicking is one thing; the minister having a bit of a go this morning, issuing a media release is another. The Chief Minister hedging her bets or positioning herself so that she gets a political outcome is terribly disappointing and, I might say, not one of the reasons I entered politics. However, clearly some people did enter politics for those reasons. I entered politics to make a difference, and I thought I had a contribution to make.

The last time I spoke about this matter in parliament, on 24 August, I referred at some length – and I will not refer to it again at length - about a very interesting article from Janet Albrechtsen in The Australian on that day. Janet Albrechtsen talked about the Jackie Pascoe case as well as the Yarralin case and, in light of the comments I have made so far, I thought it was poignant to quote from her again. She said:
    Two years ago when a 50-year-old … man was prosecuted for raping a 15-year-old girl, the man used the magic formula in
    court: 'but its Aboriginal custom – my culture'. The judge said the girl 'knew what was expected of her' and jailed the man
    for 24 hours. Though this decision was overturned on appeal, the fact is that educated people, such as judges, have long
    been excusing indigenous violence.

    Now consider Martin's decision in Yarralin. This is not progress. It is further proof that 'culture' is fast becoming one of
    the most pernicious words of our time. The consequences for indigenous people have been, and will continue to be,
    devastating until we wake up to the noble-savage myth. There is nothing too noble about polygamy and rape and violence.
    Cultures that embrace those practices are in dire need of a western takeover.

    Sure, let's talk about the nasty parts of sharia law. But let's also talk about the nasty side to Aboriginal law. And if yesterday's
    feminists are wondering why they lack traction with today's young women, it's because of their silence on the big issues.
    Such as this one. Allowing cultural rights to trump human rights is never a good look.

I endorse the comments made by Janet Albrechtsen - and who would not?

I will refer to why legislation needs to be changed to preclude courts taking customary law into account for sentencing purposes. I will happily on the one hand, although sadly on the other because I would have thought this government should have done something or would have been at least tempted to do something in August 2003 when I first raised the matter, so it is sad that they did not do it then. It is sad that they have not done it since and it is sad that, at best, they are waiting for a politically opportunistic moment before they are even minded to act. It is sad in that sense.

In any case, when I introduced the previous bill on 12 August 2003, I referred to two bills because they were together – the Sentencing Act and the Criminal Code – I said:
    The bills are designed to overcome the obvious shortcomings of the criminal law, in relation to customary law, generally,
    and in particular how customary law assists violent men and penalises victims who are, for the most part, Aboriginal
    women and girls.

I went on to say:
    These bills that I now introduce eliminate customary law from being considered in the criminal jurisdiction only, and are
    necessary, having regard to the outrageously high levels of violence being experienced in Aboriginal communities around
    the Territory. The central point of these bills is to ensure that Aboriginal women and girls are accorded the same rights and
    protections that are accorded to non-Aboriginal women and girls. With that central objective, it is hard to imagine that the bills
    would not be supported, if not in substance, then perhaps at least in principle.

I went on to say:

    And let there be no mistake, Aboriginal customary law, in criminal law proceedings, does not assist them …

I referred to women and girls:
    rather it disadvantages them.

I further went on to say:
    There is nothing culturally appropriate about crimes of violence and it behoves us all to do what we can to stop it. If we cannot
    actually stop the violence, we can at least do our best to prevent men hiding behind the veil of customary law. Offenders who
    invoke customary law do so for their own benefit. Indeed, a feminist analysis would be that it works to assist men and
    disadvantage women. That certainly appears to be the case when you look at the high level of violence on communities,
    and those who are the perpetrators and those who are the victims. Customary law is used as a shield to further mitigate
    the sentencing disposition which follows a finding of guilt or a plea of guilty.

Elsewhere in August 2003 I said:
    In light of the high levels of sexual and physical violence that exists, we must all ask whether we are prepared to sit back and
    accept this situation. For my part, I am not, and to the extent that I can do anything, I introduce these bills.

Finally in August 2003 I said:
    We must do what we can to ensure that offenders are not afforded an unfair and unconscionable mechanism by which their
    criminality is reduced or excused. The removal of customary law from the courts’ deliberations is something constructive
    that we, as legislators, can do.

Madam Speaker, for the second time I bring this bill into the parliament. It was as a result of the adjournment speech I made in August when I said that I was not prepared to sit by, that I bring the bill to the parliament again. I do understand the politics of the Chief Minister’s political positioning but I appeal to the members in government - there is a sliding scale of the conscience on the other side of this Chamber; some are better human beings than others. Some of them might at least talk to the colleagues and say: ‘Is this such a bad thing; why don’t we do it?’ I urge members to take this matter seriously.

By hook or by crook, by the time I am an old woman, customary law will be removed from the courts. The courts will be precluded from taking customary law into account for all of the reasons that I have outlined. No doubt there are more; in fact, I know that there are many more. I know that this bill is supported by a number of women from Aboriginal organisations and, indeed, Aboriginal communities around the Territory.

I am sensible enough to know what the government will do with this. A couple of years ago, I think I even got a polite slap on the back - metaphorically speaking - from the Attorney-General. Things have changed somewhat; I do not even expect to get that. All I do want is to try to do my best in the job I have, and appeal to those on the other side to, perhaps, put politics to one side for a moment and do the right thing, because this is about doing what is right.

With those words, Madam Speaker, I am not sure that I can more passionately add to the reasons why I feel so strongly about presenting this bill. I hold just a slither of hope that this Labor government will support it after having a rest over the Christmas break.

Debate adjourned.
UNIT TITLES AMENDMENT BILL
(Serial 31)

Bill presented and read a first time.

Dr LIM (Greatorex): Madam Speaker, I move that the bill be now read a second time.

The Unit Titles Amendment Bill came about following representation from private citizens and professional people who live in flats, units or apartments, or who manage bodies corporate. Their problem is the orderly parking of motor vehicles in allocated spaces in body corporate-managed areas. Under current legislation, there does not appear to be any means to resolve the unlawful parking of vehicles in body corporate areas. The amendment will address that.

While it can be criticised that this is legislation focused on only one aspect of possible wrongdoings in relation to the management of units, flats or apartments, it is a specific amendment that will help resolve one of the most vexing problems for units, flat or apartment dwellers and their body corporate managers. You all know that many Territorians live in flats, units, apartments - call it what you like - and their daily living is often infringed upon through unlawful parking. It is time we sorted this out.

I have sought industry consultation on this issue and, to a man or woman, industry has supported this amendment as long overdue. It is now timely in light of the high development rate of units or apartment complexes, especially in Darwin, and the potential of more apartment complexes being developed if and when the waterfront precinct is open for residential development. The amendment provides a process by which bodies corporate can exercise their right to ensure orderly parking in areas under their control.

In the first instance, let me give you a description of a problem which I am sure many Territorians who have lived in flats or units have experienced time and time again. When you purchase a flat, unit, or apartment, the parking spaces are allocated within the strata title. The rightful occupier of the unit, whether you are a tenant or an owner/occupier of the premises, has every expectation that the allocated parking space is always available to you. What frequently happens is that someone unlawfully parks in that allocated space so that you, the rightful occupant, is denied that space.

Imagine after a long day or long night here in parliament, going home at 11 pm or midnight, going to drive into your car parking space and find it occupied by another vehicle. What can you do? All you want to do is to get your car parked, get into your home, have a shower, get to bed, before you have to turn up next morning early to face another day in parliament – or in any other circumstance; you could be out there fishing and you want to go home and get to bed.

Instead, you come home, you find your space occupied by another vehicle and there is no other space available. If there, indeed, were spaces available, would you consider parking your car there, because all you are doing is passing your problem to another occupier or tenant in the complex? Is that fair? What are you going to do, apart from suffering the frustration of it? There is no one who can fix the problem for you. You ring the body corporate manager with a complaint and you are told that there is nothing that the body corporate can do.

The legislation, as it stands under the Unit Titles Act, does not cover that. The body corporate has no legal power to deal with a wrongfully parked vehicle. You ring a tow truck company and all you will get is a flat refusal by the company to be involved. They could be charged with tampering with a motor vehicle, or taking illegal possession of that vehicle if they did tow the wrongfully parked vehicle away. If you ring the police, they will tell you that it is a trivial and civil matter and they would not wish to be involved in it and, besides, they are too busy to be dealing with such matters anyway. There you are, in the middle of the night, wanting to finish it off with a decent sleep, and all you feel is the absolute frustration of nowhere to park your vehicle except on the street; that is, if you can find a parking space on the street. Then, all night you worry whether your car will safe parked on the street, that you do not get to your car next morning ready to go back to work to find that your car has been vandalised or, worse, stolen.

The issue of developers seeking and getting car parking waivers from the Development Consent Authority is another matter that may have contributed to the problems of people parking unlawfully, but that is a debate for another day. Suffice it to say that municipal or local councils need to address this carefully and negotiate with the Development Consent Authority. Commercial developments have good reasons to seek parking waivers based on the use of the building. However, with residential developments such as the units, flats or apartments, there should be adequate on-site parking for the residents in the complex.

This amendment also covers on-site parking areas that are not specifically allocated to the respective units but are in a common area for guests of residents in the complex. You often see abandoned cars, old trailers, even rotting boats abandoned in a car park - or appear to be abandoned in a car park - deteriorating in the weather. No one can do anything about it other than to declare the object an abandoned vehicle and then seek local council’s approval to remove it - and that takes another bureaucratic process.

This amendment addresses these troublesome issues of unlawful on-site parking in flats or apartment complexes, and it is constructed in such a way that there is an escalating level of penalty for wrongful parking of a vehicle. The legislation empowers the body corporate to do several things to address the protection of the rights of the rightful occupant of the parking space. Following a complaint from the rightful occupant of a parking space, or where the offending vehicle is parked in a common area within the body corporate managed area, the complaint from anyone in the apartment complex will suffice. The body corporate may then provide, say, a gentle reminder to the owner of the offending vehicle not to park there unlawfully.

However, if the unlawful parking continues, the body corporate is empowered to seek the name and contact details of the registered owner of the vehicle from the Motor Vehicle Registrar, following which the body corporate may then issue a penalty notice not exceeding one penalty unit or the equivalent of $110 to the registered owner of the unlawfully parked vehicle. It is important that the body corporate is empowered to obtain the name and contact details of the registered owner of the offending vehicle. Currently, under the Information Act, specifically under the section entitled, ‘Information Privacy Principles’, MVR may not provide the name and contact details of the registered owner for privacy issues. Therefore, this amendment specifically addresses that and empowers the bodies corporate to get that information.

The body corporate may impose a penalty for each day the offending vehicle is unlawfully parked. Furthermore, the body corporate may issue a seven-day notice to the registered owner of the unlawfully parked vehicle that it will be removed from the premises. The amendment empowers the body corporate to recover from the registered owner of the unlawfully parked vehicle all associated costs in the issuing of the penalty notices including the penalty to park unlawfully and the removal of the vehicle.

The body corporate may engage a towing company to remove the vehicle and, once the vehicle is removed, the vehicle will be a matter to be decided by general law. I have deliberately constructed the amendment so that the police and local councils are not involved in the imposition of the penalty notice, nor the implementation of the removal of the offending vehicle - for obvious reason. The police are busy enough without having to be involved in such civil matters and councils are never keen anyway to be involved in this sort of thing.

Bodies corporate will need to amend their articles and house rules to enable them to use the powers that are provided within this amendment. I seek the support of all members of the Assembly on this amendment. It has been a long time coming. Many Territorians, as I have said, live in flats, units and apartments and they should have reasonable expectations that they can always park when they come home. Parking in lawfully allocated spaces is part of the normal and orderly living for all them, and this will improve what is now a dog’s breakfast.

Debate adjourned.
MOTION
Education – School Closures and Overcrowding

Mr MILLS (Blain): Madam Speaker, I move – That this Assembly calls on the Minister for Employment, Education and Training to:
    (a) apologise to the families of Palmerston for breaching an election promise that has resulted in unacceptable
    overcrowding in the city’s schools;
      (b) apologise to the families of children supported by the Irrkerlantye Learning Centre for closing their school
      because of your government’s economic mismanagement; and
        (c) apologise to Territory teachers for paying lip service to rising concerns about stress and violence in the
        workplace.
        The opposition is obligated to raise this motion as a means to assist the Treasurer in making progress on what are obviously very difficult and very sensitive matters. The economic summit identified that if we are talking about the economy, and you are the Treasurer, you will talk about the flow of money backwards and forwards, and the programs that can be run with the resources that you have. We were directed to thinking more carefully about what the economy means and how beneficial results can be passed on to people. It has not gone unnoticed that the Education minister is also the Treasurer and he is in a unique position to have two sides of a very important story.

        The community has been affected, generally, by the decisions that have been taken of late in Education. Questions have been asked as to why, because people inherently want to understand what is happening around them. Is it just a political decision? Is there some other reason for it? They are desperate to make sense. There is a huge amount of goodwill in our community with regards to education. The minister is, obviously, a passionate person who cares deeply about education.

        The issue raised in this motion today covers three aspects of education: one being the situation in Palmerston - the families, the students, the teachers and the auxiliary staff in the schools who have been greatly affected by the decision of this minister; second, the community in Alice Springs, Irrkerlantye, and the support network around that learning centre, who have been deeply affected by the decisions that this minister has taken; and third, by the teaching profession who have also been affected by the lip service that has been offered with regards to rising stress levels and violence in the workplace.

        I know that these matters weigh heavily upon the minister, and this motion is a means to provide a way forward, to step out of the political bunkers and to confront the community in an open, honest and transparent way and find a way through it. That is why opposition calls upon the minister to apologise. To make an apology is acknowledging the pain and the effect that the decision taken has had on other people. To make an apology to the families of Palmerston would be a very positive step in helping them to garner greater support and understanding for the difficult situation that the minister for Education is in, because he is also the Treasurer.

        People inherently want to protect their patch and to embark upon self-preservation strategies. This is not about the minister; this is about the families that are being served through this government. Therefore, an apology would be a necessary step to provide some meaning and to resolve a conflict, both with the minister and within the community of Palmerston. An apology is also needed for the good families of Alekarenge with the community support that is focused in on that community, particularly for those hardworking teachers. Right across our schools, the teachers have rising levels of stress caused by the recently reported violence in the classrooms. There has been insufficient response from the minister which has also caused morale issues and a loss of confidence in the capacity of the minister to lead the education agenda forward.

        Maybe the minister expected that this would be some wild rant, as he is accustomed to doing in times like this, when we are conducting debates in this Chamber, demanding apologies - and perhaps I could go red in the face and let the veins stick out the side of my neck, and get him to apologise and see the error of his ways. However, I am not into that. This is far too serious. Also, the minister would probably expect that kind of debate and would enjoy it far more.

        I have taken the time to look at all the censures and MPIs that were run by the Labor Party when they were in opposition. There are pages of censure motions railing against the inaction in education of a CLP government. I will put those together for you, minister, because you might have forgotten the passion you once had for issues of equity, justice and honesty in education, and looking after the needs of those who most need protection. Those censure motions tell it all, and they came, with your support, from the member for Stuart. I remember, as a new member sitting across there where the member for Brennan now sits, listening carefully. I believed you. I believed that you wanted to make a difference in education, and I know you still do. There are issues that I know weigh heavily upon you. That is why the way forward, minister, is an apology.

        People cannot understand why you have made a decision that affects so many families of Palmerston. You have a made a decision not to build a new school. There are two issues. The primary school has been an ongoing need for many years and clearly recognised. It was known in 2001. Reference was made in one of your budget papers in 2001, and a press release issued, I think. The Palmerston families said: ‘Well, there we go. There is recognition of an emerging issue, particularly for the families of Rosebery, whose kids are transported across a very busy road, Lambrick Avenue, to attend a school either in Woodroffe or in Bakewell’. But then there was inaction, no decision, put off. Each year that was put off it compounded the problem in Bakewell and Woodroffe. That decision that was not made - which is a decision made - affected families, children, teachers, and staff of three schools, two of them directly. The minister knows well. In fact, a petition was circulated - I think it was before the last election - which the minister for Education himself presented from the families of the Bakewell school community.

        We are now into 2005 and, rather than have a decision, we have had a deferral yet again. I could go into this at length, minister. You know the issue quite well. I am sure the two Labor members who hold seats in Palmerston have also briefed you, as you have been briefed by the school councils and made your view known - as they have made their views known to you.

        I call upon you, minister, to apologise and let us work it out together. If there is a cash problem, which seems to be clear, then let us know that so that we can work cooperatively with you. At the moment, there is bewilderment and concern - perhaps unnecessary. If it is necessary, at least let us in on the reasons for your decision.

        You know quite well that demographers are often behind the game. I know the story that the two most recent schools that were built before Labor came to office in Palmerston were Durack and Bakewell. I understand that, through leadership in Cabinet, pressure was put upon the budget deliberations to force those schools to be built because there was an inherent delay within the system, and they were put forward rather than being held back. If the decision-making lies with the department and people who are not directly responsible and accountable to the community, but are accountable in a systematic sense and through a bureaucratic structure, they are not actually responsible for the decisions that they make. They would like to mask their actions and not make a decision. If the decision-making lies within the realm of your bureaucracy, you are not going to get action.

        We in this Chamber are responsible directly to the people who have elected us. If you are a minister of the Crown, you are responsible for discharging your duties to the people - not to the bureaucracy, the system or the Department of Education, but to the people who are served by the Department of Education. That is why, inherently - and I am sure you have learnt it but I am sad that it has taken too long - after four years there has still been no decision made, because the power lies with the department and, sadly, has been relinquished by the minister. Take it back and make decisions! Force it through and you will find the support of the community will be squarely behind you. It needs to happen. First step is an apology – and get on with it. I will support you because the families, the teachers and the school councils need it.

        There are some delicate matters with regards to three of those schools – Durack in particular. I am sure the member for Drysdale has advised the minister on the technical issues of the peculiar problems that Durack has. They need a clear understanding and a decisive action taken, preceded by an apology, because they are in trouble.

        The Minister for Sport and Recreation spoke about the grassroots being important to any enterprise. Well, the grassroots of education are school councils. Those are good people who spend their own time generously to support school communities and to create a positive culture. We know that it is the parents who make the difference in education. For goodness sake, those parents have taken the time to be involved in school councils and cannot understand why the minister has taken such decisions that make their job even more difficult.

        Next year, we will be doing the rounds of recruiting new members of councils. Either of two things will happen because of the bewilderment and the rising weight of the task they face. Without understanding the reasons for your decisions that have affected all of them, they may choose not to be involved in school councils. This may suit the minister’s direction because there seems to be a lack of genuine support for the role of school councillors; there has been a move towards centralisation, where the power is centralised within the department and away from the grassroots. They may leave the school councils, but I predict those good citizens will step forward and we will have very robust school councils, because they are going to step up to the plate and require that their voice be heard because it the education outcomes of their kids that are at stake; and the Territory will drive forward through those young people.

        It is not the career and the perceptions and the profile of the Labor Party in government. It is not about the politics of this. It is not about me and it is not about you; it is about them. That is why an apology is critical. However, I reckon we are going to have a rising up of people who want to be involved in this, and I predict that you will have a fight on your hands. That energy could be very positive if it is preceded by an apology so that the parents understand why you have made such decisions. That is the primary schools. All those primary schools feed into the secondary schools.

        I cannot believe that you can stand and make such assertions that the growth levels are not as we predicted, so we are going to can, delay, the promise that we have made to the Palmerston families. The $10m has been announced, re-announced, and then re-announced and withdrawn. Those departmental officials and community leaders were involved in the development of the senior secondary facility project, and worked hard and had great vision for what could possibly be achieved in senior secondary education in Palmerston which could show the way forward. We in the Northern Territory could be leaders, and it could start in Palmerston with the support of the community. They were well advanced in their plans, with the support of this government, and then that support was withdrawn. Then a review - another review. No, it was a review of the review, a continuation of the previous round. In fact, it was the third. No wonder the community has gone beyond confusion to concern, to quiet anger.

        It is about education. Nothing happens in education, minister, to use your own words, until it happens in the classroom, and there is something else happening in our classrooms. By the good grace of teachers who are working hard - and I pay great credit to all those teachers who are working in this situation - they have not allowed this pressure they are carrying to be passed on to the kids at this point. However, when there are kids on stages, and there is no further space in classrooms, or withdrawal rooms, when the preschools have to change their location so that other classes can operate in overcrowded - and then overcrowded again - classrooms and schools, there will come a problem that will be too difficult to manage. An apology first, and then let us get through and sort this mess out.

        Madam SPEAKER: Member for Blain, do you mind if we just acknowledge these students?

        Mr MILLS: Good idea.
        ____________________
        Visitors

        Madam SPEAKER: Honourable members, I advise you of the presence in the gallery of Year 7 students from St Joseph’s Primary School in Katherine, accompanied by Miss Anne Weygood. On behalf of honourable members, I extend a very warm welcome to you all.

        Members: Hear, hear!
        ____________________

        Mr MILLS: Madam Speaker, it is wonderful to have students in the gallery. I visited St Joseph’s a few years ago but, looking at those young kids there, who would have perhaps been in preschool when I went, means that it has been a long time since I visited. I must come and visit you again at St Joseph’s. All the best, and thank you for visiting Darwin.

        Just so that we can understand the implications of this decision, if no decision is taken, that is, in fact, a decision. The decision is that a policy position has emerged for the Palmerston community which means that this community no longer has neighbourhood schools. That means that there was a time when the expectation of that community was that each suburb had a school, and that each of those suburbs had a neighbourhood centre. If you lived in Rosebery, you would expect, ultimately as the suburb developed, that there would a school in that suburb. That was the way the town was planned. In Driver, there is the Driver Primary School and there is a neighbourhood centre, and it is like a focus for the community of Driver. Bakewell? Yes. Durack? Yes. Woodroffe? Yes. Gray? Yes. Moulden? Yes. Then we start to look at these suburbs that have developed since Labor came to government? Gunn? No. Rosebery? No. They do not have schools.

        Previously, the plan was clear; that each of those suburbs would have a centre, a primary school. We will have the argument, I am sure, but it cannot be denied that the community now sees a decision has been made that says to them - without words being said, but said by action or lack of it - that we are not going to have that policy anymore. We would prefer to have bigger schools. We have the biggest school in the Northern Territory in Palmerston, which is fed by Rosebery because there is no school in Rosebery. They have demountables upon demountables upon demountables - clearly, as a result of a policy direction shift. I reckon that that policy shift has come from the department which is centralist, and they want to have control.

        You ask the department; do a community consultation with the Department of Education. What would they say? ‘Draw all the power unto us. We know how to do it better’. Really, from my side of politics, the power belongs out there with the people in the community. The department is there to serve the grassroots; to serve the community. What we have now is centrifugal forces, drawn back into the department. It appears to me that the department is in control! They should not be. They should be there to serve, directed and brought into line by the minister. They are in control and they should not be. It is because of that we have this situation. Clearly, the will of the department has been expressed upon the community of Palmerston, and kids have been disadvantaged. It might serve the department well, but it does not serve the families.

        How much do demountable classrooms cost? The Treasurer knows. If you have 20 demountable classrooms that have been installed, what is the full cost of those 20 demountable classrooms, transported and placed into a school? In a couple of schools, you add that up. I was involved in planning schools and I know how much demountables cost - times 20. A demountable in a catalogue is one amount. A demountable placed on-site is a completely different proposition. They may be short-term solutions that save the budget in some cosmetic sense, but they cost. I can understand the need for a few extra demountables to accommodate the ebb and flow of population, but not 20. How much do they cost? I would assume that if that figure were provided - the honest figure, with all the add-ons of the plumbing and electricity - then you would have the same amount as the cost of establishing a school in Rosebery.

        Noting the time, I move on. We in the Top End are often accused of not understanding the needs of those in Central Australia. Since the election, I make no secret of the fact I have been unable to attend to calls from Central Australia due to the demands of the Top End. However, a couple of weeks ago, I went to Alice Springs and spent some time at Irrkerlantye. I had heard their story from afar, through the media and through phone calls that I had received up here. I went down there with some sympathy but, when I met them, I was moved by the strength of that community. I was also taken by the breadth of support for that school. I take greater appetite from fighting a fight that is worth fighting, rather than a fight that is worth fighting for political gain. This is a fight that I want to be involved in, because these people need to be supported, and I will support them.

        I discerned strength in that community and something of value that needs to be protected. I saw the efforts that had been made to create something very special. This is not some ad hoc organisation. I was taken aback by the quality and intelligence of the people who are behind the scenes there, and how passionate they believed in their cause. I have been given the great honour of being presented with a study: the evaluation of the Irrkerlantye Learning Centre. I read that and I was taken aback. I presume, minister, you have a copy of this.

        Mr Stirling: I was given one.

        Mr MILLS: I ask you to read it, and read it again, please. There is something very valuable happening at Irrekelantye that needs to be protected. I will do all that I can to join their fight.

        I have to say that there are members in this Chamber whom I would have expected to stand up for Irrkerlantye, who are colleagues of the minister, and that their opinions would have been made loud and clear. It is a sad day when we fall into line because we want to impress the coach and join the front bench. There is a time for drawing lines in the sand and doing the right thing. There are too many questions related to Irrkerlantye and I cannot understand why the minister would make such a decision when, in a little way I presume to know, this minister is a decent man who does have a care for matters related to education, and in this case, Irrkerlantye. When I look at the censure motion that Labor raised when they were in opposition, you would assume, logically, that this school would be supported. But no, there is inconsistency …

        Mr Stirling: When did you visit it? When did you have a look at the facilities?

        Mr MILLS: Two weeks ago, minister.

        Dr Lim: Don’t you know?

        Madam SPEAKER: Order!
        ____________________
        Visitors

        Madam SPEAKER: I take this opportunity to recognise some students in the gallery. Honourable members, in the galleries are students from Karama Primary School accompanied by Ms Victoria Browne. On behalf of all honourable members, I extend to you a very warm welcome.

        Members: Hear, hear!
        ____________________

        Mr MILLS: Welcome to the students from Karama. Victoria, good to see you! Hope you enjoy your day out.

        There are too many questions that are not supplied with answers. It is the same issue. I was completely thrown by the decision that was made, I understand, on Melbourne Cup day, just as I was by the decision related to the cancellation of the $10m commitment to Palmerston, then Irrkerlantye. What are the educational reasons for it? They are offered up, but they do not seem to gel. My investigation in getting closer to the scene at Alice Springs was exactly the same as Palmerston. There does not seem to be any satisfactory answer in any educational avenue that you may want to explore.

        If there was a will there would be a way; but the will is missing. Where has the will gone? It must be because you are also the Treasurer and the economic issues have driven this very difficult decision for you, minister. At the very least, an apology to the teachers and to that community would be the necessary step at this point so that we can sort it out. If there is - which appears to be quite clear from our perspective - an economic problem, a cash flow problem, well, come clean and we will sort it out.

        There are ways out for this school. I will not go any further in talking about the ways out for this school right now because I would much prefer to advance that before I make any further comments on that point. I will also reserve further comments on the Irrkerlantye issue for my colleague on the crossbenches to speak on.

        I now turn to the teachers and the need for an apology to them. Judging by the passion that the minister has with regard to workplace relations, the IR reform and the time that has been occupied in this Chamber for the rights of workers, I would have expected a different approach to the recent issues of violence in the workplace - particularly on one question. If you cared about the levels of violence in classrooms – which you say you do - you would actually record it so that we would know whether it is increasing or not. However, it is not recorded, nor is the offender – the assaulter of a teacher – expelled from the school: ‘What about the poor offender?’ You have to strengthen the confidence of teachers to know that they are being supported. You have the authority to remove promptly from a school a person who has assaulted a teacher. You have that authority. Read the legislation and you will see that you have that authority. They can be moved somewhere else, and there are ways of doing that. You have to send a message to the community that that is not acceptable. You have to send the message to the teacher and the teaching profession that they are protected, supported and backed up, and the values that hold our whole community together are being reinforced by your action.

        When you have been asked how many teachers have been assaulted or seriously threatened at work this year, we are unable to find out exactly how many. How does this figure compare to the previous year? Are your policies working or not? We do not know because no record or data is kept. What message does that send? Lip service but, in fact, there is no care.

        Little wonder that, each year, we pay over $1m to compensate teachers for workplace stress. However, for every one of those teachers who calls out for help, there would be another 20 who say nothing – and that number is increasing. Yet, no data is kept. However, the compensation for stress increases. We see that data. It is the tip of the iceberg. No wonder …

        Madam SPEAKER: Member for Blain, your time has expired.

        Dr LIM: Madam Speaker, I move that so much of standing orders be suspended as would allow my colleague to complete his remarks.

        Madam SPEAKER: We do not need to suspend standing orders, we just extend by 10 minutes.

        Dr LIM: All right, then, extend.

        Motion agreed to.

        Mr MILLS: Thank you, Madam Speaker and honourable members. If that figure for compensation for stress-related leave for teachers is increasing annually, there must be a problem that we need some proper data on. For an open, honest and transparent government that wants to know what the real issues are so that they can respond and get measurable outcomes, you would expect it. However, that is why this motion refers to lip service.

        That is why, in spite of people being called into the teaching profession in increased numbers in recent times, sadly, a national report has revealed that only 60% of those graduating are still in schools one year after graduation. I hear it too often. Those who get a feel for teaching and want to work in the classroom go through teachers’ college or university, graduate and go into the classroom and say: ‘I never expected it to be so hard’. It is made harder by the decisions that have been referred to in this Chamber in this motion. Primarily, with not having decisive and swift action when a teacher is assaulted in the workplace, it does not affect one, it affects the profession.

        Of teachers who remain in the workplace, 60% of those graduating are still in schools one year after graduating, according to a recent report, In the Territory, it may even be worse. It has been reported that approximately 35% of those graduating remain in schools one year after graduation. These figures are from last year; the minister may have alternative figures. It is quite clear that there is immense pressure on the teaching profession. The decisions that have been taken of late to pay only lip service to the calls for some leadership in this regard have compounded and increased the pressure upon teachers.

        I call upon the minister, as a means of making a way forward in three very critical areas in education that affect the enterprise of education right across the Northern Territory, to make an apology: (1) to the families of Palmerston, particularly those in the school councils, and to the teachers, for the decision which has resulted in increased pressure through overcrowding in the schools of Palmerston; (2) to recognise the aspirations of the community of Irrkerlantye in Central Australia, and to acknowledge their efforts and to make an apology to them and then find the way forward; and (3) to make an apology to the teaching profession for not taking decisive and swift action when teachers have been assaulted in the workplace, and an apology for not doing more than lip service and keeping a clear account of the numbers of assaults that have occurred in the workplace in any given year.

        Mr STIRLING (Employment, Education and Training): Madam Speaker, it has not been a good two days for the member for Blain, and I do not think this motion is helping him get out of the hole he has dug for himself already. Yesterday morning, within very early stages of the sittings just commencing, he managed to malign around 15 of Singapore’s most influential and wealthy investors and developers by aligning them with Tirath Khemlani. I thought that was a bit offensive, to say the least, insulting and embarrassing to him, his party and this parliament. That was a pretty auspicious start to these sittings and, of course, this morning he has added to it. He has told the House that the CLP would do away with major events and concentrate on grassroots activities …

        Mr MILLS: A point of order, Madam Speaker! If the minister reads the words that I spoke in regards to that matter that is patently untrue. I said we would put more focus on the grassroots, simple as that.

        Madam SPEAKER: Member for Blain, there is no point of order, but if you feel that there have been misleading statements you can approach me about making a personal explanation. Please resume your seat.

        Mr STIRLING: As I said, Madam Speaker, insulting Singapore business people is one thing, doing away with major events is the second statement and now, we have this range of items in this motion. In this motion, he is attempting to spin a conspiracy theory by relating two totally unrelated decisions - one, a decision not to proceed with the construction of a secondary school, and another to close the Irrkerlantye Learning Centre - as somehow being linked to this mythical budgetary difficulty which they have failed to prosecute. They have no understanding of just how the budget is travelling. A government that has come through with a $51m surplus at the close of the 2004-05 financial year does not suggest to me a government that is in extreme budgetary difficulties. Let me be absolutely clear, these decisions are based on one element and one element only: on educational grounds, and the best interests of those students’ educational prospects.

        I have spoken before about the commitment to build the secondary school in Palmerston and how that decision was made well in advance - a couple of years in advance - of the decision to commission a major review into secondary schooling. Government could not possibly know that Gregor Ramsey’s review would come down with such a strong and major focus on the middle years schooling, that is, Years 7, 8 and 9. We did not know either that this is an area of schooling of extreme concern to parents. We did not know that, in the consultative progress which has been undertaken over the past 18 months to two years, that the proposal for development of middle schools would be so strongly and warmly embraced by school communities and parents.

        Faced with this new element of a proposal to go forward with a middle schools approach to our secondary schooling system, we then had to ask ourselves how would a new secondary school in Palmerston fit in with a major refocus and a change of emphasis and structure in our secondary schools to a middle school approach. The answer is, frankly, it would not. It did not make any sense at all to commit and spend many millions of dollars on infrastructure and a school that is not going to advance the future direction of where people want to go with secondary schooling.

        Secondly, in the motion he relates the election promise around the school has resulted in unacceptable overcrowding in city schools. Any schools that are at capacity are, in fact, primary schools. It is difficult to see how building a new secondary school was going to assist that situation when Palmerston High School has quite adequate capacity. We have to build a high school which is somehow going to fix those primary schools that are somewhere close to capacity or up to capacity. It would have had no impact on those schools whatsoever.

        The basic premise of the motion is absolutely false; that is, failure to build a high school and having very busy primary schools. There is no relation there whatsoever. If he was talking about a primary school, his motion would have had a little more sense. Of course, within the explanation of the motion, he weaved in this mythical budget horror that government is somehow facing, without any evidence whatsoever.

        The $10m committed on the capital works program to the secondary school has been totally committed to Palmerston schools. They will get every last cent of that $10m. We already have and seen an immediate injection of $1m to address priority issues at Palmerston primary schools, particularly around the growing enrolments at Woodroffe and Durack. Both primary schools will be receiving purpose-built transportable classrooms. Other primary schools in Palmerston are still well below enrolment capacity. It is Woodroffe and Durack with the pressing needs. I made the point that a new high school was not going to change that situation whatsoever.

        These transportables are spoken of with some disdain. The member for Blain should have a look at them. They are high quality; they are durable. They are built to order and extremely suitable as classrooms. In fact, it is common practice all around Australia to employ these sorts of buildings for decades now. New classrooms include a general learning room as well as computer, wet and storage areas, and they will be ready for use early in the 2006 school year.

        Whilst Palmerston High School has high enrolments, it is still well within capacity. What we want to do is ensure that the right decisions that properly address future growth in the area are made before government invests the level of funding that is required. How the rest, the balance of that $10m, is spent will be determined in close consultation with the school community in the near future. We are absolutely committed to working closely with the community to ensure that Palmerston students get the best and most appropriate education infrastructure possible.

        Options of a new primary school at Rosebery and Farrar have been considered but final decisions, of course, depend on future changes in population, enrolment patterns and, as I said, the wrap up of the middle year’s consultation process. Both schools are on the forward works list. Whatever decisions are made will be in the best interest of that student population in the Palmerston community. It is a growth area, but its population does fluctuate quite wildly across the suburbs. Government closely monitors those changes to ensure what moves are made do address those emerging needs.

        We said we would spend $10m on education in Palmerston, albeit in a proposed secondary school and we are going to spend $10m in Palmerston. It is a significant investment and we will be meeting that commitment.

        The member for Blain made mention of local member involvement. Both James Burke and Chris Natt worked tirelessly with their school councils. On my visit to the schools within their electorate, they are always there when I meet with the principal, school staff and school councils because …

        Mr Mills: I never know when you are going to be there; you just tip off your mates.

        Madam SPEAKER: Order!

        Mr STIRLING: In 11 years in opposition, I was never allowed into primary schools, not even in my own electorate. I had to sneak in the back door in case the minister for Education knew I was visiting my own school …

        Mr Mills: Rubbish! That is not true; not at your own school.

        Mr STIRLING: Do not get rich with me, sunshine! Eleven years and not allowed to visit the school as the shadow minister for Education.

        I visited these schools for myself with their local members. I have met with these schools; I have discussed these issues with staff. I have met with the school councils of both Bakewell and Durack. We have explained the approach that we are taking, and we have worked through the structural changes that have to occur. They understand that approach, and I thank them for the positive and supportive attitude they have taken. I put on the record the work of local members, James Burke, member for Brennan and Chris Natt, member for Drysdale, in relation to the information they provide to me because they work very closely with those schools. We will continue to work closely with the community to ensure Palmerston has the absolute right infrastructure to meet its needs.

        The second dot point is an interesting motion to come from the member for Blain, I thought - a past member of a government which did absolutely nothing for indigenous education over 27 years. I do not know whether the member for Blain saw the 7.30 Report last night, but right at the end of the 7.30 Report, the last couple of minutes, Kerry O’Brien introduced an absolutely wonderful feature on the education program at Maningrida. He did so by saying that, up until a couple of years ago, if you lived in a rural and remote community, the only way you could get access to a secondary education was to go to boarding school. I thought, thank you, Kerry, that says it all: up until a couple of years ago, if you wanted to access secondary education and you lived in a rural or remote part of the Northern Territory, you had to go to a boarding school.

        What an indictment of a government that sat there for 27 years and denied access to secondary education for around 25% to 30% of the population. There were no secondary programs in those communities. They did not ever explained that failure and on what basis they were able to make those decisions which denied 25% of the population, at least, access to secondary education. Since we came to government in 2001, we have produced graduates from Year 12 at Kalkarindjiin 2003, Gapuwiyak and Maningrida in 2004, and this year we could have as many as 25 indigenous students achieve their NTCE in their home community. How many under the CLP in 27 years? Zero.

        That is a small measure of the commitment to indigenous education that we have brought, and our resolve as a government to strengthen educational outcomes for those students. I would have hoped everyone could have seen the work of those students at Maningrida because it is cutting edge stuff. They have been assisted by the University of Queensland, but they have identified a whole range of spiders unknown to science before.

        Moving to the terms of the motion it says: apologise for closing their schools. Again, we have a wrong premise here in the motion. Irrkerlantye is not a school, never was a school. It is an educational program. My insistence that these students go to primary schools in Alice Springs has nothing to do with the budget; it is a decision based on the educational outcomes and opportunities.

        If we go back to the beginnings of this program, it began with secondary students at Our Lady of the Sacred Heart Catholic School around 1997. It transformed to become the Detour Program. An interesting title: the Detour Program. Dr Lim, in fact, enlightened members in the Assembly way back in December 1997 on the reason for that title ...

        Dr Lim: Very good program it was, too.

        Mr STIRLING: I will quote Dr Lim on 1 December 1997 talking about the Detour Program being a partnership between Tangentyere and Centralian, with support and funding from the NT and Commonwealth governments:
          Detour is an innovative educational program for Aboriginal youths who live in Alice Springs town camps. This alternative
          secondary schooling program was designed with a very strong Aboriginal cultural context offering innovative pathways
          for students to attain mainstream outcomes. As I have said many times, I feel that any education for Aboriginal people
          must be transferable. That means mainstream.

        Dr Lim: Transferable is not mainstream. Transferable is transferable.
          Mr STIRLING: I feel that any education for Aboriginal people must be transferable. That means mainstream.

          Members of the education community in Alice Springs were able to identify some 70 to 100 Aboriginal youths who have dropped
          out and they were trying to encourage them to take a detour back into school. As the name ‘Detour Program’ implies,
          participants will return to mainstream education or develop skills to pursue future vocational options.

        It was an interesting title and it was aptly named. It was a detour as an alternative to mainstream, in order to get them up to mainstream and, as soon as they completed that, that means mainstream.

        Dr Lim: You have taken the detour away from them. That is what you have done.

        Mr STIRLING: As the name ‘detour’ implies, participants will return to mainstream education. That was the CLP policy in and around this program in 1997 when it was commenced. Something has changed, obviously, since that program, because it was seen as a detour and a way to mainstream youths at risk or youths who had failed to engage in education ...

        Madam SPEAKER: Minister, are you likely to be using the last 15 minutes, because we are already at 12.05 pm and I wondered if you would like to continue your remarks after Question Time.

        Mr STIRLING: I would like to continue, Madam Speaker, if I could.

        Madam SPEAKER: All right then, continue. Bear in mind that at 12.15 pm I will definitely ask you to continue your remarks.

        Mr STIRLING: Madam Speaker, those secondary students stopped coming along the way. By 2004, it was clear to me that it was a case of those primary school students who had come in behind the program trying to learn in very poor quality facilities. I invite anyone to have a look at the facilities and the infrastructure and tell me that they think it is an acceptable learning environment for young students.

        I just make this point: if your child goes to a primary school in Alice Springs he/she has, at Year 3, an 80% to 90% chance of meeting national benchmarks; at Year 5, a 75% to 84% chance of meeting benchmarks; at Year 7, a 67% to 81% chance of meeting benchmarks. At Irrkerlantye, your chances of meeting benchmarks are zero - zero. Therefore, if you want to ask me about the educational reasoning behind it, I do not have to go further than that statistical information there. Every other school - and some of those kids who go to those other schools come from town camps; also disadvantaged kids - make benchmark.

        I will provide a lot more information in debate of the motion put forward by the member for Braitling, because this is a cheap shot by the member for Blain rather than a genuine interest in the learning outcomes of indigenous students. I honestly believe that the motion put forward by the member for Braitling is put forward with a little more genuine intent than that put forward by the member for Blain ...

        Mrs Braham: That is an insult, minister. You know I would not be doing it …

        Dr Lim: Patronising. That is what it is. Patronising.

        Madam SPEAKER: Order!

        Mr STIRLING: The third part of the motion …

        Mrs Braham: That is an insult to me as an educationalist.

        Madam SPEAKER: Order, member for Braitling!

        Ms Carney: Yours was genuine.

        Mrs Braham: Wait and see.

        Madam SPEAKER: Order, member for Braitling!

        Mr STIRLING: Well, if it is not genuine I would be interested. I thought your motion was put forward with a genuine intent.

        Mrs Braham: Yes, it is.

        Ms Carney: That is what I said.

        Madam SPEAKER: Order, members!

        Mr STIRLING: As a person from Alice Springs who has a little more understanding of this …

        Mrs Braham: I take it back, I apologise.

        Madam SPEAKER: Order!

        Mr STIRLING: … I genuinely believe that the member for Braitling has more genuine intent …

        Mrs Braham: Thank you. I apologise, minister.

        Mr STIRLING: … in her motion than that put forward by the member for Blain who is just a cheap shot.

        In relation to paying lip service to rising concerns about stress and violence in the workplace, there is absolutely no evidence to suggest that there is an increase in school violence. This is taking up where the Australian Education Union has been making some interesting claims. To quote quickly from the NT News of 16 November 2005:
          The Australian Education Union says another attack on a teacher in a remote Territory school shows Education Department
          protocols for recording violence are not being followed.

          The union’s NT secretary, Alan Perrin, said a student hit and injured a teacher at a remote Top End school, but would only confirm
          it did not happen on Groote. Mr Perrin said the attack two weeks ago upset teachers and school staff. The Education
          Department denies the teacher was attacked, but confirmed a student had been acting aggressively and had been removed
          from the school.

          Mr Perrin said the school had acted quickly to discipline the student but the incident showed there were problems with reporting
          violence. He said the existing system was an ‘ad-hoc-racy’, where the department was not notified until an attack occurred.

        I did ask the department how long this has been going on. I was very concerned that no attacks were being notified until they had occurred. Apparently, that has always been the practice that attacks are reported when they occur, but not before. It is a bit bizarre. The AEU has been out there with these claims, suggesting that the department is not notified until an attack occurs. I would have thought that is an eminently sensible practice.

        I make the point that any violence in our schools is totally unacceptable. We have a zero tolerance when it comes to violence in schools. However, it is not a new phenomenon. There will always be, from time to time, isolated incidents. The key to them is the response by the department when an incident occurs. I pick up a case study in Umbakumba, which was closed after an 18-year-old person damaged two DEET vehicles at the school and threatened the staff. This followed a previous incident involving that same youth. The offender was sentenced to a total of seven months prison, and the member for Blain was saying something about mollycoddling these people that do this or not taking enough action. I would have thought seven months prison was possibly …

        Mr Mills: Ultimately.

        Mr STIRLING: Yes. … reasonably heavy for what, in fact, did occur when the truth was known. The General Manager Schools met with representatives of the Umbakumba Community Council, the acting principal of the school, police and Department of Health and Community Services. Key issues to us are safety of government employees and conditions for resumption of services, and it was agreed the school would reopen after the following actions had been finalised: a formal agreement between the department and the council, with the council ensuring a safe workplace for DEET staff; a failsafe provision to be provided by the council to immediately address any critical incident relating to the school - and I make mention of the fact that we did think we had those failsafe provisions built in until the second case occurred and it was clear that we needed a much more formal agreement between the department, the community and the council; a guarantee to arrange for an emergency person of standing within the community to respond; the council to provide a married couple from the community to remain on school grounds at all times to support teachers; the department finalise suitable staffing to commence schooling, which has occurred; and Territory police have also give assurances to have a presence at Umbakumba for a trial period of three months.

        This is not lip service, this is a quite detailed process in response to a very serious issue, and that is how I would expect the department to treat every one of these reports. I am sorry, for the education union, that we cannot report these incidents before they occur, but that is the way we have always handled it and that is the way that we will continue to handle it into the future.

        Debate suspended until after Question Time.

        VISITORS

        Madam SPEAKER: Honourable members, I draw your attention the presence in the gallery of members of the business and wider community who are visitors. On behalf of all honourable members, I extend to you a very warm welcome.

        Members: Hear, hear!
        MOTION
        Education – School Closures and Overcrowding

        Continued from earlier this day.

        Dr LIM (Greatorex): Madam Speaker, I support my colleague, the member for Blain, on this motion asking the minister for Education to apologise to the people in Palmerston; to the families and children supported by the Irrkerlantye Learning Centre; and to the teachers, especially those who have been put under such great stress by this government, particularly those who have been teaching out bush with the danger they have been exposed to.

        Principally, I want to spend the limited time that I have to support the member for Blain in asking the minister to apologise to the families of children who are attending the Irrkerlantye Learning Centre. It is ironic that in this newspaper article of the Centralian Advocate of yesterday, Tuesday, 29 November, the headlines say: ‘Snowdon calls for a rethink on the school’. Look at that! I quote from the article written by Gavin King:
          ALP NT President and Lingiari MP Warren Snowdon wants the NT government to review its decision to close
          Irrkerlantye Learning Centre.

        He went on to say:
          He plans to meet with Education minister, Syd Stirling, in a bid to launch a review of that decision.
        Further down in the article it quotes Mr Snowdon saying:
          I’m not sure closing it down will achieve the right results.

        In the closing paragraph of the article it says, quoting Mr Snowdon again:
          Mr Snowdon said he had spoken to a number of people, including ALP members, who had expressed their concern
          about the decision.
          Ms Maidment urged other ALP politicians - such as Stuart MLA, Peter Toyne, and Macdonnell MLA, Alison Anderson - to
          follow the lead set by Mr Snowdon.

        I believe that this particular issue about the closure of Irrkerlantye was debated at the conference of the ALP recently held here in Darwin and, when the minister had the temerity to water down the motion to such a state, he was then informed of the express desire of ALP members that he should review the situation in Alice Springs that he brought about.

        I first heard about the threat to close Irrkerlantye following a visit by DEET officers to the learning centre. One of the parents came to see me and said: ‘Have you heard? I have just been told that the learning centre will be closed, and Syd Stirling is going to close it’. I hurriedly made an appointment to see Debra Maidment at the school. I was fortunate to be able to get there the next morning, at which time the school board was there. Members would know that the school board’s president is Margaret Mary Turner, a very strong and highly-respected Arrernte woman whom I have known for many years. She was there with her board members and parents and others who were in support of the Irrkerlantye. They told me in no uncertain terms that this was a devastating announcement made by the minister about the closure of the school. I had a chat to the staff and to the president of the school board.

        DEET only provides funding to employ three full-time teachers, two full-time teacher’s aides and, I believe, two part-time ISAs, and some $50 000 for operation, normally called operational costs. Roughly speaking, that would be about $300 000 to $400 000 - no more. The irony of all that is that for that small amount of expenditure, the learning centre is, in fact, achieving results - truly achieving results.

        The media pointed out to me that each time they interviewed the minister for Education, he would give another spin on the reasons why he decided to close the learning centre. The comments were that he was very inconsistent with his reasons. Over the last three or four weeks since the announcement, there has been much in the media about the closure of Irrkerlantye. Many long-time ALP supporters are absolutely up in arms about this decision and have written many letters asking the government to reconsider. The opposition has received e-mails from dyed-in-the-wool Labor members, and this something that does not happen very often. Obviously, these members are very angry with what the minister has done. Maybe it would be useful for the minister to hear some of the questions that have been put seeking an understanding of this government’s decision. I will come back to the origins of Irrkerlantye later.

        The minister has given the reason that Irrkerlantye is not a school. Well, if Irrkerlantye is not a school, it has been staffed by DEET and been treated like a school. If it is not a school, why were the students required to perform the MAP test and, according to the minister, achieve benchmarks of the MAP testing? He was quoted saying students gets breakfast, lunch and lots of loving and caring, but they are not getting an education. Many of the teachers at the school and parents would choose to differ on this. They will tell you that the kids are getting educated, and are achieving progress in their education. A review was done by Merridy Malin and Debra Maidment, completed in September 2005, which also gives clear evidence that these students are progressing well. I will summarise the report in a little while, time permitting.

        Another reason the minister gave was that Irrkerlantye students will find it easier to learn and gain a better education in mainstream schools. At the moment, the students are not ready for mainstream schools. That is undeniable; there is no way the students are ready. With what the minister is doing, there is no surer way of destroying the confidence of these young people than to put them in a position where they cannot cope. That is what you have done with the closure of Irrkerlantye; you have forced many young indigenous students into other schools where they might not cope.

        I acknowledge and reaffirm that any young person would get the best opportunities if they are placed into what can be described as mainstream education. I do not resile from that. However, taking those young people from Irrkerlantye before they are ready and putting them into mainstream schools could be very well like taking a second-year high school student and putting them into a university course. It will be extremely intimidating, and likely to lead to the student giving up and dropping out altogether. This minister has to reconsider. People – especially these students from Irrkerlantye – should not be thrown into the mainstream before they are ready, otherwise they will drown in the challenges. If the minister cannot understand that, then he has a problem.

        The recent review I mentioned which was done on Irrkerlantye went down a whole list of supported evidence to say that Irrkerlantye was doing well. In its executive summary, if I can read a few paragraphs, it said:
          This project found that the Irrkerlantye model of community development … was effective in fostering the social and emotional
          wellbeing and promoting the education, employment and life skills of the Eastern and Central Arrernte participants and staff.

        They continued:
          The holistic Irrkerlantye model encompassed all levels of education, whole family involvement across the generations, formal and
          informal learning, work programs, spiritual and social support services, health and wellbeing programs, community enterprises
          and reconnections with and development of the families’ homelands.

          The Irrkerlantye model is of national significance as it lends itself to adaptation by other Aboriginal communities in urban and rural
          remote communities.

        That is a project conducted by the same two people I mentioned earlier who were working with the CRC for Aboriginal Health. Some of the results of the survey were: the centre provides school education; Irrkerlantye Arts earns up to $30 000 per year and money that it earns helps support the learning centre; there is a crche which operates for young children and babies of the adult students while studying at the centre; it has a nutrition program; the health of the children is monitored and maintained through regular visits from Aboriginal Congress clinic staff; and, finally, there is a social and emotional wellbeing counsellor.

        The study found that Irrkerlantye was on track to achieving its stated aims. In fact, it satisfied Family and Community Services criteria that Irrkerlantye was promoting community development, and the Department of Employment, Education and Training, which began auspicing Irrkerlantye halfway through the project, reviewed the school as equivalent to Central Australian bush schools where, because English was a second language, mainstream standards were not realistic benchmarks for Arrernte students.

        I will keep quoting from the publication:

          Our research found that the English Literacy and Oral Language learning of the secondary-aged students improved at a faster
          rate at Irrkerlantye than was evident for these same students in their previous schools. Three students completed twelve
          Year 11 subjects, and two students each completed two Year 12 subjects between 2001 and 2003. These students would
          not have continued in school to senior secondary level if they had not attended Irrkerlantye.

        When I was at the Irrkerlantye school speaking to Debra Maidment and the board, they told me that 35 students attended the learning centre regularly up to between 75% to 80% of the time. That is a very high achievement – for the same regular 30 to 35 students to attend school almost four out of five days of the week. Tell me, for which bush school can you give me that kind of statistic? Even the school the member for Stuart was the principal of lost students. It is ironic that this minister has come out and done everything absolutely contrary to the Labor rhetoric about supporting indigenous people.

        While he is closing down the school, all bar one of the Labor members - especially indigenous members - have been silent about it here - silent. The members for Arafura and Arnhem - not a word. I would have assumed that the member for Arafura, who has lived in Alice Springs for some time, would know about Irrkerlantye, and would have been out there supporting them. Instead, she has been absolutely silent – not one peep. I wonder how she feels in her conscience. The member for Barkly - not one word. He is a minister and Central Australia is part of his patch but, does he care? Obviously not - not a word.

        I was told by the school that the member for Macdonnell went there and sold the minister’s comments that the school would be better off closed, the students would be better off sent to mainstream schools. I tell you what, member for Macdonnell, they are not happy with you at all, and they felt that you have sold them down the river. I believe you will have much patching up to do. Many of the students who attend regularly at Irrkerlantye come from Amoonguna and Santa Teresa in your electorate, and there you are, you are seen as having abandoned them, and they do not feel good about you. I hope you will contribute to this debate this afternoon and justify your position as to why you went along, not supporting Irrkerlantye, when they went to you as an indigenous leader, saying: ‘You have to help us with this’.

        Take people like Graham Buckley, bless his soul; he hates me with a passion …

        A member interjecting.

        Dr LIM: He does. Anyway, it does not matter. He relates the stories about him driving a school bus for the Irrkerlantye Learning Centre. He picks up the kids each day, drives them to the school and then takes them home in the afternoon. He tells of a circumstance that is very difficult for many of us to tolerate where, when he picks up the children from their homes, some of them would not be properly dressed, might have just got out of bed, no breakfast, some of them even freezing cold in the middle of winter, glad to get into the school bus because at least there was some warmth there. Picking up kids in the midst of domestic violence or when parents are fighting, is the picture that he draws. When he drops the kids off at school, at least the school provided a protective environment where, from the time they are picked up from home to the time that they get back in the afternoon, they were in a caring environment, where they were clothed, fed, showered, washed and transported from point A to point B.

        For a man like Graham Buckley to write to the opposition must ring loud bells for the government. I see the member for Macdonnell listening very closely and carefully. I believe she wants to do the right thing by indigenous people. I say to her: go back and talk to them. Put aside what you have been told by your government and your minister; listen to them with your heart and hear what they tell you and try to understand what they need.

        The minister says that Irrkerlantye students fail to achieve age-appropriate benchmarks in literacy and numeracy. When tested, you see the multilevel assessment program. We all know about intelligence tests. If you are not literate or numerically tuned, you would tend to fail those tests. Those tests are designed primarily for people who are very literate and, if you are not, you are not going to pass the test.

        We talked about the Detour Program, and the minister was attacking me earlier about that. The Detour program, or Irrkerlantye, in fact, started at Centralian College back in the early 1990s before I became a politician. I was still the Chairman of Centralian College then. When it started, Irrkerlantye provided Detour classes for many indigenous students. Eventually, it was relocated to the current site at South Terrace, and it continued to be auspiced through Centralian College. Bit by bit, as the Centralian College withdrew, DEET took over. Well and good; it provided students with a place … Can somebody move an extension for a few minutes

        Mr MILLS: Mr Deputy Speaker, I move that so much of standing orders be suspended that would permit my colleague …

        Mr Stirling: You do not suspend standing orders; extra 10 minutes.

        Mr MILLS: Give him an extra 10 minutes.

        Motion agreed to.

        Dr LIM: Thank you, Mr Deputy Speaker and members. I was talking about the Detour program. That is how it started. It provided a great place for students to go. They felt comfortable and did not feel threatened, and they could study at their own pace. There was a keenness amongst the instructors and also the whole ‘school community’ who were hoping that, eventually, the students would move into mainstream. Some did. Perhaps over the last year or two, things might have not progressed as well. So what? What the government and the Department of Education should be doing is to now provide better support for the learning centre so that it can return to its former days when it was doing a great job.

        If the report as written by the CRC is as good as it reads, then I encourage all members to read it. I am terribly disappointed that the minister, who chose to make the decision to close this learning centre down, has not even bothered to read a report that has been done by a reputable organisation – the CRC for Aboriginal Health – and he does not know what the report contains and the strong recommendations in the report about what support that Irrkerlantye requires.

        I will not take much longer to come to the conclusions of the report itself. I will just read this; they write it better than I can explain in my own words:

          The project aimed to determine whether ILC was achieving its own aims and those of its funding bodies, whether the two were
          compatible and also whether there were any health benefits for its participants. We have provided evidence to demonstrate
          that the centre was working effectively towards achieving both its own ongoing aims and those of its funding body, FACS,
          which was interested in community development outcomes. However, there was dissonance between the aims of the
          parents and teachers and Centralian College with regard to the secondary school program. There was evidence indicating
          that if ILC did not exist, many of the secondary-aged students would not be attending any school.

        Later on in the paragraph it says:

          When DEET assumed responsibility for ILC their expectations were more compatible with those of ILC which were similar
          to those of Aboriginal schools in remote communities where English was spoken as a second language.

        Then it made a few recommendations which one would have thought this government, which purports to be supporting these people, would have wanted to follow. First that there should be a longer centralised funding cycle so that Irrkerlantye can be sure of its continuing operations. Interagency collaboration was another recommendation because Irrkerlantye sees itself as a conduit to a number of services available locally and to the families and Irrkerlantye can be the focus, say for instance Congress or the Tangentyere Council, and Ingkerreke can actually come in and provide some assistance. There was a recommendation on community development. It also spoke about the CDEP scheme which should be seen to be more responsive to the community development needs of each of the respective communities that use Irrkerlantye. That should be a continuing enterprise development, in particular, Irrkerlantye Arts which is a successful enterprise. Also, that education funding criteria be compatible with the student characteristics.

        Unless you do the review, you are not going to know that, minister. You should at least have had your department do a formal review of Irrkerlantye before you launched into such a precipitous decision which has caused nothing but devastation to the whole community that uses the Irrkerlantye Learning Centre.

        The report also recommends that you use the Arrernte teaching assistants. There were quite a few there when I attended a meeting with them the day after the minister announced the closure and, again, when I went with my colleague, the member for Blain, to visit Irrkerlantye about two weeks ago. The recommendation in the report also talks about explicit teaching and contextualised learning; talking about using the scaffolding style of teaching which the minister himself has lauded as one of the better ways of teaching people where English is a second or subsequent language.

        Minister, the report which you have not read, and must read, refutes many of your assertions about Irrkerlantye. You are wrong in deciding that Irrkerlantye should not continue in Alice Springs. There is a very strong community sentiment in Alice Springs not only from indigenous people but also from white folk, or mainstream Alice Springs. They want to see it continue. Many businesses were interested in seeing Irrkerlantye continue because they see the benefits that these children who have attended Irrkerlantye have received.

        It is tragic that you decided to close it and, in the process, almost slander the teachers who work there. They try to make it the best educational facility that they could possibly make within the limited resources that you provide them. They were the teachers employed by DEET, and they worked very hard and you were very proud of their results. I spoke to them, but they were very reluctant to say too much for fear of any reprisal that may come upon them. They are talking to the board and the board, on their behalf, expresses their and the teachers’ disappointment in facing this school closure.

        There are only a couple of weeks left before the school is closed forever. It is never too late to rescind a bad decision and nothing to lose by it. It is not about your or anybody’s pride; it is about the children’s future. This is where you should be coming from. I wholly believe that you have made the wrong decision; that there is a strong level of support within the community of Alice Springs to keep this learning centre going. If you reverse the decision, do a review and help them bolster where they are weak, encourage them or add resources to where they are strong, this learning centre will be a much better place than it is today. With those few remarks, Mr Deputy Speaker, I conclude.

        Mr WOOD (Nelson): Mr Deputy Speaker, I would like to comment on part of the motion today. There is another motion coming up soon which talks about the Irrkerlantye Learning Centre. I will make some comment at that stage.

        Part of this motion refers to overcrowding in the city schools. I believe the person who moved this motion is referring mainly to Palmerston schools, with the introduction of new classrooms. I make a comment that, perhaps, applies to all schools. There has been a problem with schools for many years in that schools, for some unknown reason, do not come under the planning authority. What that means is that departments can put demountables – they will not call them demountables, because they are actually banned in some district centres; they will call them transportables. They are allowed to do what they like, and they can put those classrooms on those sites without any scrutiny from the Development Consent Authority. That is a great gap in the planning system.

        I have been around Litchfield council long enough to see schools like Humpty Doo simply become overcrowded because governments kept putting new classrooms on land that was not suitable. In fact, Humpty Doo School was famous for having part of a classroom on a footpath at the Humpty Doo District Centre. They had to change the boundary to make sure the school had all its facilities within the land that it owned.

        Of course, what comes with that overcrowding and no planning is inadequate car parking. Again, Humpty Doo is a classic example. Extra car parking has been built; there have been cars parked on the other side of the road. I remember when Bees Creek Primary School was first built, the school council or some people came to see the shire council and asked if there was adequate car parking. The council said no, but the original design went ahead, and it was inadequate. Now, you will find that the car parking had to be doubled. Anyone who goes there at knock-off time will find there are cars everywhere. I am not saying you need a spot for every car at the end of school, but you certainly need to make sure that there are enough there to make sure that when people are picking up children there is not a big queue waiting to find another spot. Howard Springs has not had enough room for the staff. They actually park some of their cars at the back of the school now. I was involved in some discussions about whether the school should ask to purchase some neighbouring land so there is enough room for car parking.

        There has been this continual lack of planning with the development of schools, because they do not come under the Development Consent Authority. I believe that is a change the government should seriously look at. Why should Coles or Woolies or Fred’s garage or whatever, require consent, with requirement to have X number of car parks per area of floor space, yet schools do not have to do that? If you are going to make schools bigger, then who puts in the extra toilets? Are extra toilets provided for staff and students, because I imagine that when they originally built these schools, they were built according to the number of children that would fill up the original design? What about extra buses for kids that are coming? Do people look at the extra transport that might be required?

        There are a whole lot of issues that arise from the lack of good planning when it comes to schools. When the school was first built, perhaps it fit okay, because there are certain standards set out for how many toilets you need per number of children. However, as soon as you start to play around with those figures by having more classes, you start to bring in new conditions which create problems for local councillors, parents, and the school council, because you are changing things, more or less internally, and it is not going out for public discussion.

        One thing that could come out of this motion - and I realise the minister has given a reply - is that I ask the Minister for Employment, Education and Training, or the Minister for Planning and Lands, to assess whether all schools should be required to come under the Development Consent Authority so as to look at these issues. As a local member, I, along with local councils, I am sure, would like to have a say in changes to schools. Traffic flow is very important for local councils. If you are increasing the amount of traffic in and out of nearby roads, and more cars are being required to park near a school and there is not adequate parking space, I am sure local councils will be getting complaints from neighbours.

        There is a whole range of issues that need to be considered. I sometimes think these issues get put into the ‘minor concern’ basket because the Department of Education is looking at building a building, putting kids in and having it operating. I do not think those slightly less educational aspects to a school like roads, car parking, where the bus will turn around, school crossings, all those sorts of things, get much priority from the Department of Education. They do get some priority, but I believe if it went to the Development Consent Authority, you would have people outside of the department in planning, local government, perhaps people like the police, Infrastructure and Transport, who would all be able to comment on the adequacy or inadequacy of the changes to the school.

        If schools in Palmerston are getting more classrooms, I hope that someone has sat down and worked out, whether it means more car parking, more toilets, more facilities at that school, or whether that school is expected to live with the same facilities it has at the moment and cope regardless. Minister, I hope that you may give some consideration to changing the way schools are planned so that the public also can be involved in the planning process. If you wish to put down three or four extra classrooms, I believe it would be good sense, good PR, but also good planning, to allow people to comment through the planning process. You might put four transportables down along the side fence which was a football oval or something because that is the only place to put them. I am not saying you are, but I am sure if you were doing something like that, the public would like to know that you are doing it and would like to comment on it to say whether it is something they think is appropriate or not appropriate.

        This whole issue of expanding schools, and the construction of a new school, should all go through the Development Consent Authority and not just be exempted simply because the government has a planning or zoning allowance which says under a certain zone schools are permitted. They are places a large number of people attend and use and, therefore, because they can affect the community and lots of other areas, they should be open for public scrutiny. That would help when it comes to issues like seeing whether increasing the size of a school is appropriate.

        Motion negatived.
        MOTION
        Irrkerlantye Learning Centre Closure

        Mrs BRAHAM (Braitling): Mr Deputy Speaker, I move - That as a matter of urgency:
            (a) the decision by the Minister for Education, Employment and Training to close the Irrkerlantye Learning
            Centre be reversed;

            (b) the minister release the report upon which he made this decision;

            (c) a full review and evaluation be undertaken to assess the social, emotional and educational achievements
            of the centre, and

            (d) the outcome of the review be used in consultation with the staff and community members to identify future
            educational strategies.

          I move this motion with all the right intent and I believe the Minister for Employment, Education and Training recognised that before lunch. It is because I have grave concern for the children attending that centre. It is the speed with which the minister made this decision that concerns me.

          My motion asks him to reverse this, and I notice that is supported by what the member for Lingiari said. He has said give it at least 12 months to find out what it is all about. I have also asked him to give us a look at the report because I have not seen the report on which he based this decision. The parents seem to think it is a very flimsy reason for closing their learning centre. I also ask that there be a full evaluation. Let us look at exactly what they are doing and then go back to the drawing board and ask what we can do for the future.

          My concern is that, if you close the school in two weeks time, come February next year the children will not appear anywhere. Some may be at Santa Teresa, Amoonguna or wherever - I do not know - but there is a good chance that these kids will not survive in mainstream. Many of them, as you know, have already been there, done that, and have not succeeded.

          I am asking the minister to reconsider. I am sure he is aware that closing this in two-and-a-half weeks will not solve the problem that he refers to. It is really taking the heart out of those people at Irrkerlantye. When you visit them, the shoulders have dropped and many of the kids have already disappeared. As a learning centre, it gave them self-confidence and self-esteem, and that is important for anyone to learn. You cannot learn if you do not have that good feeling about yourself.

          For those members who have not been there, Irrkerlantye is not just an old Santa Teresa town house with a few primary school kids in it. It is an arts centre – the Aboriginal people do beautiful art there which they sell. It has a little library. It has a small chapel. Remember, most of these children are Catholic. Father Raass is there to give them support. It has a CDEP program for some of the workers. As well as that, there is a little unit out of which CDU is teaching the adults. It is much broader than just a little group of primary students turning up every day to have breakfast, and be there. It has a broader curriculum.

          I asked the teachers when I went there if I could go in and have a look at what they were doing. Minister, I know I did not ask for permission but I am sure you would not have minded. The response was: ‘Do you want to hear some of our kids read? Have a look at this. It shows you where they were when they started, where they are now. Come on kids, sing us a song, let us see if you are learning because music is a great way to learn, as you know’. I looked at the classrooms to see whether something really was going on; and it was.

          These students are never going to make giant strides if all this progress that they have made is suddenly stopped and they are asked to go to mainstream. There are solutions, minister, which you could look at and consider. Gillen, as you know, has become the Traeger Park of Alice Springs. There are now 70% of Aboriginal students at Gillen Primary School, and they have an annexe at Larapinta Valley. The facilities at that Larapinta Valley annexe, you might also say, minister, are not up to scratch. You might criticise those facilities and say you should not be there. However, Gillen is proud. The principal said to me the other day: ‘I have one student now in mainstream who has gone from those learning centres’. That might not seem much, but that, to him, was a great achievement because that is the whole purpose; to get them learning and confident so they can participate in Alice Springs. We will not do it if we cut this program off now. We will lose them again because many of these students have been in mainstream before.

          Remember, also, that there are other annexes. I know it started as the Detour program but, if you go to the Alice Springs High School, there is the old janitor’s house. In that janitor’s house, there is a program for kids who cannot survive in mainstream, looking at the Alice outcomes. If you go to The Gap Neighbourhood Centre, you will find a group of very young mums doing secondary education.

          What we have tried to do in Alice, and what I believe is the platform of the Labor Party, is to provide learning environments where students can achieve, and will stay. We do not want to put them in a situation where they feel threatened, where they cannot relate, or they feel they are failures. We put them in situations and try to make the environment conducive to their learning.

          The minister, once he made that decision, did not give any leeway to discuss and look at other options. I have already talked to the Catholic Education people to see whether they would pick up Irrkerlantye as an annexe of their schools in Alice. They are concerned because those students, as I said, belong to them also, and they would like to see them continue their education, not fail.

          We sometimes think fancy facilities are what are important in life, but I would say, as an educator, that what is important to learning is security, self-confidence, consistency, good health, parent interest - those types of things, not the desk or the chair you are sitting on. That is a very minor part of it.

          Minister, in your media release, you concentrated on saying facilities are substandard. I do not think that matters. You talked about the low attendance rates and the student numbers, but is that not part of the Education Department’s duty - to make sure they are staffing students on the ratio accordingly? If that ratio was not right, it should have been corrected ages ago, not suddenly now. You talked about the poor educational results. Once you get a kid to read, they usually fly from there. It is making the first step that is important, breaking through, making them understand what reading is all about. It is the young children in that facility who have the most potential to do that.

          Minister, do not just think of it as a shabby little classroom. This Santa Teresa town house has been used for many things over the years. I can remember in the late 1960s it was used for the Vietnamese boat people who came to Alice Springs. It has been used as a refugee spot for Chileans. It has had many uses, very successfully, and I am not quite sure who is saying it is not successful now - except you, minister. I am surprised at the breath of support for this school across the town - I really am. I am surprised that we have - and we should be proud of this – 20% of members in this House who are Aboriginal, the highest proportion in Australia. Yet, I have only heard one of those members come out and say anything, and that was the member for Macdonnell who, basically, echoed what the minister said.

          The people from this school thought, when we had so many Aboriginal people voted into this parliament, that they would have an extra strong voice. However, that voice is not there and that is very sad. I say to the indigenous members of this parliament that there was so much expected of you when you came into this House. Are you failing the people who put you there? I believe the member for Greatorex said long-term Labor supporters are mortified that their Labor Party has turned around and done this. It really is a role reversal, I suppose, in a way.

          Minister, you must know about Drum Atweme; everyone knows them. If ever a group of children got out and performed in the public, it is this group. They are recognised; they are asked to go and open conferences. Do you realise there is no school, no practice, no rehearsal - and it works. Do you realise that those kids do busking in the mall to pay for their equipment and their trips away? It is that sort of extracurricular activity that binds this group of children together. Are you aware there is a junior soccer team entered in the Saturday morning soccer competition? That will not happen; these kids will disperse and they will never come back again. Those small things that you might say are not educational, but I would argue are, are important to this town also. Never have I seen so many Aboriginal children look you in the eye and be as confident as these children who are in the Drum Atweme. I am sure, minister, you have been impressed with their self-confidence and self-esteem.

          The parents of Irrkerlantye are interesting, because they turn up so regularly. What school do you know like this, even in your remote community, where there is such strong parent participation? It is true that many of these children come from really disadvantaged backgrounds, but moving them to another school is not going to improve their living situation; if anything, it will only exacerbate it because it means the bad situation they are in will have won.

          I am not arguing on the grounds that they are good achievers, or that you have high results or anything like that, I am just saying that these are special needs kids. You have even mentioned that. This was in October last year:
            As part of my efforts to visit schools, I have been able to speak with teachers and students at schools in Alice Springs,
            including Ross Park primary, Irrkerlantye Learning Centre, the Alice Steiner School and St Phillips. They are all
            impressive schools, albeit catering to significantly different groups and cohorts of students’

          You acknowledged then, a ‘different group’, but ‘very impressive’ were the words then.

          In March this year you said:

            Alternative education programs for students at risk are now established at Alice Springs High School, Gillen Primary,
            Sadadeen Primary … and Irrkerlantye ...
          You also said:

            These are students who would, in all likelihood, be otherwise on the streets of Alice Springs ...

          You are right; they would be on the streets of Alice Springs and would not be in school learning.

          You sometimes say that it is not a government school; but you are aware that it is listed in government schools on the NT DEET web site, I presume, minister, so you are counting it as a school. If, as a school, it was not performing, then I would have to wonder why your departmental people were not down there asking a lot more about it.

          You have, as part of your platform - which I cannot find at the moment, but it says that you are looking to bring the right cultural experience, the right environment to Aboriginal children. You also talked about attendance. I wonder if you would like to comment on the attendance at some of the bush schools over the last term. There must have been more students in Alice Springs than at Kintore. I do not know what was happening, but there are so many students from Kintore in town in Alice Springs that I would say you probably need to close their school.

          You mentioned results. Let me quote from your annual report where you were looking at performance measures. In 2003-04, the remote indigenous students achieved national reading benchmark for Year 3, 9%. Are you going to close those schools, minister - 9%? You estimated that 30% of them, hopefully, would achieve in 2004-05. Did 30% achieve? No, 20% did. Okay, it has gone up from the year before, and that is good. However, if you look at the Year 5, 28% in Year 3/4, but in Year 4/5 21% only reached the national benchmark. Therefore, to say that the national benchmarks are not being met is a bit of a furphy, a throwaway line, because you only have to look at the stats in your annual report to show that there are other schools certainly not mentioned in this in any way whatsoever.

          I know you have said the students would be better served in mainstream. If you had talked to many of the schools in Alice Springs, you would know they struggle to cope with these students. They really find it difficult. It is mainly because 95% of their students come from a mainstream, urban environment. They would say to you: ‘If we are to absorb these students into our schools, then we would need more additional funding. We would need more additional support’. It is probably not the support you are giving them at the moment. You cannot just plonk them into another school without making sure they are in a special group, they get special attention, and they have the individual attention that they need. All that costs money. They need staff, and I am not quite sure where you are going to get them.

          I can remember the fuss when Traeger Park closed. This Labor Party made all sorts of statements about the importance of this particular school that had been set up and was catering mainly for Aboriginal kids – the importance of the culture and the environment. This Labor Party was very vocal in trying to stop what happened there. I remember the previous member for Macdonnell was very vocal in this particular House. The Labor Party, at that stage, recognised that these kids needed something special. They have gone through the whole process of establishing something special for these students but now, for some reason or other, this Labor Party is taking it away. That is what I find hard to believe. You can throw comments across the floor about the CLP government and what they did in the past, but you are in government now; you are responsible. What are you going to say to the community of Alice Springs come February/March when no one knows where these kids are?

          Minister, you could do it in a transitional way. I know you have Mike Bowden there at the moment. He must be in a tremendously difficult position. What a great conflict of interests he must have there. Why do you not do it, if you think it is going to succeed, over a period of time? It is not going to happen really quickly. What I suggest to you - and this is what I would be doing – is making it a transition program - not in a week, but over many months. I would also be looking at a mainstream school that will use it as annexe, so they can stay in those premises and feel comfortable. However, the teachers and staff would have to report to the principal of another school; they would not be just there reporting to parents. I would make sure the parents are involved in any sort of transition you want to do, to make sure the parents continue to give that environment their support. For sure, they are giving it where they are at the moment.

          If you want to have credibility, I would release the report on which you have based this decision, because no one believes you at the moment. Of the MAP testing that was done, are those students still at the school? I think you will say: ‘No, they are not’, because you might find that those MAP tests were done 18 months ago. I wonder whether the students are still there.

          I ask your department people, who were down there not long ago looking at the students …

          Mr Stirling: Why aren’t they there - if you say so much about it?

          Mrs BRAHAM: Sorry, you put me off track then.

          People from the department were there not so long ago to do some testing. It is not just where you are at the moment that is important; it is where you have been and where you have come from, and how much you have grown. That should be looked at, rather than just looking at the bottom line of where you are at.

          Let us do a review. Let us be open and transparent about it. Let us explain to the parents why you have made this decision in a way they can understand and appreciate, but give them some options. Do not just say: ‘School is over, we are closing it, go away’. I feel that, as a minister, you are taking away something that has taken a long time to build up there. You are taking away Aboriginal people having an identity, having control of education, being responsible for programs. You are also taking away opportunities for these young children that they will not get elsewhere. It is easy to say: ‘Where are they? Where are they now?’ What happened to the Detour program? As you know, things move on. However, this particular group of children have been there for quite a while now and you have to give them credit.

          I ask the minister when he is speaking to this motion if he will consider a conciliatory attitude? Will he give a little? Will he say to these parents: ‘Okay, let us see if we can work out a solution so that we are not closing it in two weeks time’? Let us give a little faith and goodwill back to them, because they are the ones who are working hard. Let us also say to those 900-odd people who signed that petition in a very short period of time: ‘Okay, I understand where you are coming from but, if at the end of 12 months it has not been achieved, if at the end of 12 months nothing is changed, then let us rethink what we are doing’.

          That is all I ask, minister: a rethink of what you are doing. Let us not be so hasty in our decision. I urge all the indigenous members of this parliament to speak to your minister, to support these people, because they need your support. They thought they would have it. They thought you would be there for them, and it is time now that you did that.

          Madam Speaker, all I can say to the minister is we are putting it back into your lap. We ask you for a bit of goodwill and commonsense. Do not take the hard line; that is too easy. Let us show compassion and a little commonsense for these young students.

          Mr STIRLING (Employment, Education and Training): Madam Speaker, I thank the member for Braitling for putting this motion forward today. It gave her an opportunity, as an educator, to put forward her views very clearly and succinctly about what she thinks might be the best future for Irrkerlantye. I appreciate that, although there were some inconsistencies in the comments she made.

          To pick up in brief, she said that the students who sat the benchmark MAP test without any success are no longer there. The question immediately arises in my mind, if this is such a successful program, why aren’t those students who sat that test last year still there? Why haven’t they sat it again and shown this magnificent improvement that I am told, but do not see any evidence of?

          I made the decision that students who currently attend Irrkerlantye would and should be enrolled in Alice Springs primary schools at the beginning of Term 1, 2006, on the information available to me and the best educational interests of those students. It was not a decision taken lightly, as some seem to suggest that it was. It is a decision made after a number of visits to Irrkerlantye and discussions between Education and Irrkerlantye and, I think, Family and Community Services and Health at different times.

          I have been concerned for some time with the educational program being delivered at Irrkerlantye, as well as a growing concern about the physical state of the premises where the students do their schooling. I understand and appreciate what the member for Braitling was saying: it is not the quality of the building, it is the quality of the program inside. That is true. However, where you have alternatives, and when you have quite readily available much better quality alternatives, it seems wrong to deny students much better access. My Education advisor and I have seen wonderful programs being carried out on a flood plain and a bough shelter with a corrugated iron roof, when it was about 38 C and those kids waited until we arrived. That is what I call a quality program with the work that I saw going on within that school - in a bough shelter on a flood plain with the build-up occurring, a storm away to the west, and 38 C.

          I have had concerns put to me on a repeated basis about occupational health and safety within those buildings, both for the staff and students; and the lack of occupational health and safety concerns about the playground. They are all issues for which we carry equal responsibility in terms of an employer being required to provide safe workplaces, not just for our staff but, of course, for the students as well. I continued to seek briefings from the department over the time I have had these concerns and, as I said, I visited the centre on a number of occasions.

          Going back a bit, what was happening here at Irrkerlantye is best described as a program that was, at one time, part of a Catholic school. At one time, it was a secondary program that was funded out of the old wine cask levy, the member for Braitling would remember, as an alternative provision of education for those secondary kids deemed at risk or having been previously disengaged from the system of education. In its current form, the program consists of primary school students who have been trying their best, as have the teachers. I resent any implication, as put by the member for Greatorex, that there is any criticism of the professionalism or, indeed, the ability of the staff working at Irrkerlantye. They were all trying to do their best in pretty poor quality circumstances.

          I do not want to dwell on the negatives that have made this decision necessary, but I have concluded that the educational provision at Irrkerlantye is not the best that the government school system has the ability to offer. We have an obligation as a government, and I as minister for Education, to ensure that every student in the Northern Territory receives the best possible education. The more disadvantaged those students from that background are, the greater that responsibility is to try to give them a hand up - not a hand out. Education represents to me, and has for all my life, the best opportunity of helping people change the circumstances in which they find themselves.

          In Alice Springs, without doubt, the best quality education on offer is in the primary schools. I acknowledge some of the other programs that Irrkerlantye has provided to adults and children in the form of some of the welfare-type programs: the showers in this morning, the breakfast program, the laundry, those sorts of facilities. They are not Department of Education responsibilities. As helpful as they are, they are not the role of the Department of Employment, Education and Training to provide. If they are deemed absolutely critical and essential in the transition to other schools - I do pick up on what the member for Braitling is saying by way of transition - and it may be that that part is continued. It may be that we find a way so that the kids are able to report there, drop in at Irrkerlantye prior to school and are then bussed to whichever school they are going to. I am not saying no to all aspects of that; what I am saying is that these students will be enrolled in other schools. Those, perhaps, vital elements of the program that do encourage or help the kids get there ought be able to continue and we will work through to see if there is a way for that to occur.

          If it such a wonderful program - I am not sure what the enrolment was at the finish, but the figures showed somewhere around 18, I think - the best I ever saw there was 16 and that was at the last meeting where I thought every effort would have been made to have the kids out in strength. On other visits, I saw 10, perhaps 11 students. This is not a program that was setting kids from these town camps on fire or encouraging them, when you were getting 10, 11 and, as I said, around 18 on a good day - although the best I ever saw was 16.

          Alice Springs has a number of quality primary schools and they have indigenous student populations ranging anywhere from 40% to in excess of 60% within the overall population. Students from similar backgrounds to those attending Irrkerlantye are attending those schools and achieving significantly better results and higher attendance levels. There could be a whole range of factors for that: they are in there with a bigger cohort; they are pushed along by their peers; and it is a bigger peer group all round. The member for Braitling would understand that that is what occurs in a bigger group. These schools have absolutely excellent resources and programs; they have libraries, sports facilities, playgrounds, sporting equipment and, of course, the full range of the computer LATIS network. The students at Irrkerlantye, it seems to me, ought to have access to those same facilities and the best facilities available, and that is where these facilities exist. They do not exist at Irrkerlantye. For these students, disadvantaged as they are, attempting to learn in an inferior learning environment, to me, is just not acceptable.

          Those primary schools also have the ability to provide any amount of additional professional support. They have wellbeing officers within their staff, special education and ESL support as well, of course, as the opportunity to interact on a much broader level, not only with the cohort within the school that they are attending, but right across the student face of Alice Springs in each of their schools, both indigenous and non-indigenous.

          I have asked DEET to prepare an absolutely comprehensive transition plan for these 18 or so students who are currently at Irrkerlantye. They are expected. DEET has been asked to produce a plan for each school-aged child at the centre to help them move to an appropriate primary school next year. That will be worked out with the children’s families and the teachers, and will have as its premise - bottom line - the best educational opportunities for these students. Each of those students, we expect, will be carefully case managed and supported in the transition process by a team comprising the current assistant teachers and alternative education program officers. The department is also providing financial assistance to the centre to help them develop a business plan for their own future.

          We are serious about our commitment to improving educational outcomes for indigenous students, and we have made some terrific progress in the past four years. A critical part of that is providing a first-rate education for all students and then, of course, maintaining high standards by which we measure success. We are going to continue our support for innovative programs where they exist in exemplary practice, but we will only maintain them as long as they are meeting the educational needs of those students who are within those programs. High quality education and the best interest of students remain at the heart of any decision made by either the department or me as minister. In the case of Irrkerlantye, I am convinced these students will have much improved educational opportunity and their best chance in life at the quality primary schools that already exist in Alice Springs.

          The member for Braitling mentioned Mike Bowden, the Department of Employment, Education and Training officer, who was, interestingly, very closely involved in the formation and the beginnings of the Detour program way back in 1997, which is well known to these families. I refer to an ABC radio interview this morning between Stuart Brash, ABC radio Alice Springs, and Mike Bowden from DEET, who has gone down to Alice to project manage the transition, as the member for Braitling referred to. Stuart Brash said to Mike:

            Are you in any sort of position to recommend a path taken that is going back into mainstream education is the
            wrong path to take?
            Mike Bowden: I will be in a position to investigate with the community, which we began yesterday in a wonderful
            meeting, a very gracious meeting. I was a bit fearful in the way I might be welcomed when I came to Irrkerlantye
            yesterday, but it was just fantastic to meet the people there and for them to be so welcoming, so open, so gracious.
            Stuart Brash: Were they a bit worried - maybe questioning why you are doing this?

            Mike Bowden: Well, that is what I thought might have been the case but, in fact, they recognise the point that I just
            made before. I have a longstanding relationship with these people. I am concerned about the welfare of their children;
            I am concerned about the welfare of the community. They acknowledge that - that that is why I came. They acknowledge
            that I have their interests at heart. I hope that they trust me.

            Stuart Brash: With that task you have these kids, obviously, in the past, the mainstream has failed them. That is why
            we have Irrkerlantye now. How is the mainstream going to change now to actually embrace these kids?

          This is quite telling from Bowden’s behalf. He said:

            That is the $64 000 question. We began to address that yesterday afternoon with Rita Henry, the Executive Director of
            Education in Australia. She invited all of the principals in all of the Alice Springs schools to a meeting on education
            yesterday evening. Those principals were tasked with the job of meeting the needs, the educational needs, the family
            needs, the communal needs of the children who will transit to their schools. So what it means is the mainstream schools
            have a task in front of them now to address those issues which, in the first instance, caused so many hardships and so
            much of those children not being able to find a safe and secure home in mainstream schools.

            We are put on notice here. The minister has put us on notice. The minister has actually put Alice Springs schools on notice
            to address the emerging needs of even a larger number of Aboriginal children than the number at Irrkerlantye. It is estimated
            that there could be some hundreds of indigenous children in Alice Springs who are not attending school and who need to be
            provided with their right to education through Alice Springs schools.
            Stuart Brash: With that in mind, Mike Bowden, what about the resources? The minister says you are on notice. What about
            the minister giving you the resources to do your job which you are doing here?

            Mike Bowden: Well, certainly the resources that were previously attributed to Irrkerlantye will remain attributed to this
            ongoing transition process. Those teachers are not going to be absorbed back into the system and lost. Those resources
            will remain and will be directed towards them. They are in discussions with senior members of staff here in the regional offices,
            an acknowledgement that there are special resourcing issues and there are formulas and there are programs that are available
            within the department and schools can make application for them. So, over the next three weeks, our job is to work with
            whichever schools the community identifies being perhaps the most suitable for the inclusion of their children, and then work
            out what sorts of programs and what sorts of funding, what sorts of resources might need to be added to those schools in order
            to assist them to be able to immediately meet the needs of those children.
            Stuart Brash: Mike Bowden, a final question. A year from now, will there more or less kids on the streets of Alice Springs?

          I know that is what a lot of listeners will be interested to know with the closure of Irrkerlantye. It is a point made by the member for Braitling in her motion. Mr Bowden said:

            Yes, look, I am really, really hopeful. I am somewhat confident that we will reduce the number of children on the streets of
            Alice Springs. I think that has got to be a whole-of-community effort. As you know, I spent a long time at Tangentyere Council.
            This original project was the Tangentyere Council project. Tangentyere have got the other project. We need to work cooperatively
            and collaboratively with the other indigenous agencies in the town. We need to do this as whole-town exercise and, if we do, we
            mobilise the resources of the community.

            If we address a whole range of things as well as just education - the place of Aboriginal people in the community, their
            economic opportunity, their employment opportunity in their community development chances - then I do believe, I am
            confident that there will be fewer kids on the streets. That is certainly what is going to be my task. I have actually been
            employed for the next six months at least to continue this process and I will be working very hard to do it.

            Stuart Brash: Mike Bowden, we will talk again. Thank you.

          I say thank you to Mike Bowden for putting his hand up when he was asked to project manage this process through, because we knew, from the history of his background, that he has the respect of, and a wonderful knowledge and relationship with all of those people. As personally disappointed as he might be with the decision, he has risen above that. He has the professionalism, the ability, the background, the expertise to carry this project through in a way that few others would have the same level of capacity that Mr Bowden brings. I certainly appreciate his comments there. He has the task before him but, interestingly, he has picked up a couple of very important points - and points that I want to pick up from what the member for Greatorex had to say when he said these kids are not ready for mainstream schooling.
            The challenge recognised by Mr Bowden and put very clearly, is to make those schools ready for those kids. That is what has to occur; that is what the spotlight is on. That is the challenge for each of those schools and the challenge that I have issued through Rita Henry to all of those schools. I say I do not want these schools to be unfriendly places for kids of indigenous background, whether they are disadvantaged or not. That is their responsibility and the challenge before them, to make those schools ready for those kids.

            I will quote an example from the northern suburbs. Anula Primary School accepts refugee kids from some of the absolute worst circumstances and backgrounds. They have come from hell holes - absolute hell holes - across Africa, and finished up in the northern suburbs at Anula. Those kids get intensive English and support across a whole range of educational issues. If we can do it in an urban school for kids coming from the worst hell holes on this planet - in terms of what has happened to them, their background, their family experience - we can do it and we owe it to the kids of Irrkerlantye who come out of these town camps.

            I wanted to put on record what Mike Bowden had to say - he was on ABC radio so it is fairly public, and that was the transcript. I put on the record my appreciation for what I know is a difficult task for Mike to follow through, but one he will do well.

            I have referred to Alice Springs primary schools that Irrkerlantye students could and should attend. Gillen is one such primary school in Alice Springs. I have previously reported to the House on the educational success at Gillen school. Since 1999, student demographics have seen the school change from a large predominately non-indigenous enrolment to a smaller predominately indigenous student population. Currently, student enrolment at Gillen is 243; 162 or 67% - better than two thirds – are indigenous. Of these, 104 are males, 58 are females. Some 43% of the total enrolment consists of male indigenous students. They have instituted what is referred to a multi-layered approach to working with the particular student group, and it is an approach that has had significant beneficial outcomes for all students.

            The first layer involves whole-school indigenous programs where indigenous staff members comprising an Aboriginal Islander Education Worker, and Aboriginal Resource Officer, and three teachers provide important role models for these students. An indigenous bridging unit currently caters for 17 at risk and disengaged students who come from remote communities and town camps. That unit has already seen 15 students make successful transition to other classes since its establishment in 2003. In the last couple of years, 15 of those students in that group have made successful transition out of the transition unit into mainstream schooling.

            The member for Greatorex said these students are not ready for these schools. Well, they have been in there for two, three years now. Are they ever going to be ready? That is the question I would have when Gillen is achieving it on a regular basis and has already succeeded with 15 students - about the same number that attend Irrkerlantye. Further to this, a community outreach program, the Larapinta Valley Learning Centre, has been set up in collaboration with Tangentyere Council. It features a primary school program provided by Gillen, and art and craft programs delivered by Batchelor, a community maintenance course for at risk youth, and a nutrition program.

            The second layer is based on the Accelerated Literacy program. Gillen Primary piloted that project in 2001 and, following significant literacy gains with this pilot group, Accelerated Literacy has been implemented right across the school. By focusing on learning achievements, Accelerated Literacy simultaneously addresses learning and behavioural issues.

            Layer three involves two programs – Rock and Water, and Boys’ Business. Rock and Water was developed to help boys respond to the changing roles of boys in modern society, and comprises lessons on physical strength, relationships, body language and mental strength. All boys in Years 5 and 6 take part. A modified program is taught separately to girls. Boys’ Business is a specific program developed by the music educator, Bob Smith, where senior boys participate in a one-week session once a term.

            The programs at Gillen Primary School have brought about significant social and academic gains for all students. They are evident across four areas. The school has a reputation as a school that looks after both indigenous and non-indigenous students. Gillen’s attendance for 2004, at 81.7%, is higher than the average of primary schools in the region. It has 67% indigenous kids at school and it has a higher attendance rate than the average for the primary schools in the region, and is close to the NT average of 83.1%. Attendance of indigenous students at Gillen is 74.4%. There have been substantial behavioural changes at playground and classroom levels – there have only been 11 suspensions over nine years. Literacy outcomes are high. Results from the school-based assessment data showed that of 26 boys in Years 5 and 6, only four are not reading at year level.

            Gillen Primary School’s successes have been recognised nationally. They include a state Achievement Award for Literacy in 2003, being named as a Quality School in the National Quality Schools NAIDOC Week, and Central Australian Indigenous School of the Year.

            I am not saying that these students should pack up en masse and go to Gillen; that is a process, a consultative and intellectual exercise that will be undertaken by Mr Bowden in conjunction and close collaboration with the parents and families of the students that are currently attending Irrkerlantye.

            When those questions arose the last time I met with the people at Irrkerlantye, whether the group would be dispersed or stay together was an issue. I put my own view because they wanted to hear from me where I thought things might finish. Without being prescriptive, it is not my job to say exactly where they should go but, when I expressed the view that it was my hope that the Irrkerlantye school population would transfer as one unit so at least they had the solidarity of the group that they were used to and that might be best always round, for the school population, the families and the receiving school, that received strong support from within the group. I talked about Gillen as well, again trying to be careful. I was asked for views and I put them, without being prescriptive and saying: ‘This is how it is going to happen’.

            Mike Bowden will not be saying: ‘This is how it is going to happen’ because he is far too smart for that. He will work closely with each of those families on each of the issues. The department will have individual background on these students, a much stronger process than has existed in the past, and those people at Irrkerlantye know that what happens to the students will be subject to close scrutiny.

            There is an individual doing a feature film on indigenous education issues in the Northern Territory, who has picked up on Irrkerlantye and was at a meeting in the first place with a delegation I met from Irrkerlantye. They interviewed me separately and were there again on the day that I met with the families. I know that there is at least one person with a camera who has the time, the will, and is prepared to track what happens to these students over the next 12 months - done in conjunction and cooperation with the families of Irrkerlantye.

            It is not just me, as Mike Bowden refers to there, who has the spotlight on, and the department, its officers and how they handle this process of transition; there are others on a wide front who will have interest and will be following the process very closely. Everyone is aware of that. Does that up the ante? Yes, certainly, in accountability. Is that a good thing? Absolutely, because everyone will be very mindful that there will be close tracking of these students over the next 12 months as to where they have gone, whether they are still there and how they are achieving. I welcome that level of scrutiny because there is only so much and so many times, as a minister, you can apply the blow torch. We are keen on stepping up the accountability processes right across the system. That is not always that easy to attain. I am not on my own in monitoring and watching very closely what occurs here; there are many others in the picture. To close, I thank Mike Bowden for his efforts. I know he will bring about the best possible result.

            Madam Speaker, I seek to amend the motion from the member for Braitling. I move that:

              All words after ‘that’ be removed and replaced with:

              This Assembly:
            (a) notes the efforts by the Martin government to improve employment, education and training for
            indigenous people;

            I note ‘education’ is incorrectly spelt, whoever is responsible.

            Members interjecting.

            Mr STIRLING: I will just make sure it was not me. We all know it is education and training.

            (b) notes the government’s commitment to ensuring that indigenous Territorians have access to the
            best facilities and the highest quality education possible;
              (c) notes concerns regarding the facilities at Irrkerlantye Learning Centre and educational outcomes
              of children at the centre; and
                (d) will ensure that in their transition to schools in Alice Springs, the children and their families receive
                the strongest possible support from the government and the Department of Employment, Education
                and Training.

                I have not put that past the member for Braitling as I may have, forgetting that it was her original motion, but I hope that it will be circulated quite readily and then she has the choice of whether she supports the amendment or her original motion.

                Madam SPEAKER: Member for Nelson, just before you start, all further speakers are speaking to the original motion and the amendment, and then only the member for Braitling is allowed to speak separately to the amendment.

                Mr Wood: So that means I get double the time?

                Madam SPEAKER: No, you just get the normal amount of time, member for Nelson. Nice try.

                Mr WOOD (Nelson): I did my maths, anyway. Madam Speaker, I am a bit disappointed that the minister has given us an amendment. After listening to the member for Braitling in her opening remarks, the minister is being as diplomatic as possible by saying she is at least asking the minister to defer the decision. That is what this is about; asking the minister to reconsider and defer it for the time being.

                Having listened to the minister speaking today, he seems to have said several things: that the standards of literacy and numeracy are not up to the standards that they would hope for; and that the facilities at the school are not appropriate. The problem with that, even though that may have some basis, is that a happy school is not always a flash school, and some of your flasher schools are not always the happiest place to go to school.

                I am no expert on education, except that I went to school. I am no expert on Central Australian education, except that last week I flew down to Alice Springs specifically, as part of going to Canberra. However, if I was not going to Canberra I was going to drive to Alice Springs to visit the Irrkerlantye school. I should make a note that, when I went there on the Sunday afternoon looking for the school, I came across a school on the banks of the Todd opposite the Casino with the gates open. I thought that was pretty strange, a Sunday afternoon in Alice Springs and there was a school with the gates open; not a person in sight. There was no vandalism, nothing written on the walls. I thought: ‘Well, this must be some place a bit special’. In fact, the next day when I visited the school, I asked Debra Maidment: ‘How come this school is open on a Sunday with its gates open and there is no one there and no trouble?’. She said: ‘Because there are those two crosses sitting on the poles at the entrance and people respect that, and they do not go in there and humbug around that place’. It gave me a feeling straightaway that there was something special about this place.

                We can talk about the technical aspects of schooling, and that is fair enough – I have criticised the percentages of literacy and numeracy in remote area Aboriginal people, and that should be criticised. However, we also must look at schools in an holistic approach and not judge this one on whether it is mainstream. We have schools you would not necessarily call mainstream because they look at things differently, such as Essington and the Steiner schools.

                I have a group of people who meet in my community room about once a month called ‘Gems’ - and they really are gems. They are a group of mothers who teach their children at home and they get together once a month for support. They have a meeting where they start off with a little prayer. They are not religious; that is the way they start off their meetings. They get together and talk about various issues in raising children. Then out comes all the home cooking - and do they have a party! It is a great little group of people who teach their children out of mainstream. I believe it is wrong that we just say to send these children to mainstream because they will get a so-called better education. I have to ask what effort the government has made in making this school better. If the facilities were not up to scratch, why were they not improved? The minister, as the member for Braitling said in October last year and in March this year, has praised the school. It is a fairly hard logic to work out. If you praise the school in October and March, did it all of a sudden change overnight so that, in November this year, it is not the same school that the minister was praising?

                I visited the school. I was shown the classrooms, the crche, the art room, and the CDEP. It is a different concept of schooling. Other people might not agree, but it appeared to me that it was a family type of school, where the Arrernte people, mainly from the Santa Teresa area, have a school where parents are learning skills at CDEP or being trained by the Charles Darwin University in a small room - probably a small room that is totally inadequate if you were talking to Work Health and the theoretical people in Education; but a happy place.

                I saw kids in a classroom that I did not think was particularly bad. Maybe the walls needed a bit of scrubbing, but it reminded me of a school that was used. You do not really want to have every classroom looking that spotless you do not think that anyone has ever enjoyed being in there. Kids are kids and they like to muck about a bit; dirty hands get put on walls. People in my day still carved their name on the desk. It is not something that has just arrived overnight. It was a loved school. The people seemed to have an affection for it. Surely, that is just as important as the literacy and numeracy that we are talking about today.

                It is because it has been so loved and has a history that people from Central Australia would know far more about than I, there were so many people who filled in petitions. I have the e-mails as well. Why, then, can’t the government accept that? Can’t we just leave it for six or 12 months? Are those children going to be any worse off? My impression is that, for many of those kids, that is the last opportunity. When we went into a classroom, there was a boy there who had been to two or three schools and he had been expelled, but he was at school now. There was another boy like that.

                There has been talk in here about the low attendance at the school. Yet, when we asked the teacher, he said: ‘The problem is that the figures that the department has are based on attendance over 40 days. If you get someone from out bush who attends that school for two days only and then goes back to his community, it is classed as two days out of 40 days, so the attendance percentages are skewed’. I would be happy to hear if that is wrong, but that is coming from the teacher. That is where statistics can tell fibs. Minister, what basis of attendance have you based those figures on? Are they accurate figures? Have they been analysed? You have to be careful. I see from a little wave over there that I am wrong, but we spoke to the teacher.

                The same teacher showed us literacy. He told us about the kids who had come in at a certain age with a standard of reading – and they opened up a book for us and showed the standard of reading - and, six months later, they are reading a book of this type, which certainly, from a glance, was a far more difficult piece of reading for a child.

                That teacher was saying to us that the attendance figures are not accurate because they have not been analysed, and these kids are learning. In fact, I think the teacher said that the figures that the government had used were figures that were out of date. Again, I do not have any way to challenge those figures, but I am getting those from the very people that I spoke to. I knew this was going to come up for debate, so that is the reason I made the effort to go there, because to close a school where I had so many people saying do not close it – look at all the letters in The Centralian. Also, as I said, I have e-mails that came to me. I am not sure how many people signed that petition today, but it was a fairly large number for a place like Alice Springs.

                It is probably difficult, sometimes, when you are dealing with the technical side of why a school is to be closed. It does not fit within a, b, c. I said before - in fact, I said it at the Senate committee down south - that Mahatma Gandhi said ‘science without humanity’. What he is saying is just do not take everything that is based on some mathematical formula and forget that there is a human side to what you are doing. My understanding is that it has not come up to the standard and, therefore, a decision was made, because they have not come up to the standard, to close it. I would like to make the point that, if it has not come up to the standard, why has the government not improved the standard?

                It is not a great big area of land; it is small. I met some CDEP people and other people working there, but that to me is part of what makes it a special school. As the member for Braitling said, there are many mothers, parents and extended family members who visit the school. You do not see too many schools without graffiti - not with the gates open on the weekend, so there must be an affection for that school in the community.

                My first point is provide the facilities if you think the facilities are not up to scratch. The second point is give these people a chance. Do not just drop the bucket on them and say: ‘You are closed’. I did not get the impression that there had been a gathering of all the people in that community to ask them their opinion. There may have been some forewarning from the department, I am not sure. Surely, the right thing in this case for a school that has existed for such a long period, that seems to be loved by people, that may not have the academic standards – that is an opinion maybe of the department, perhaps not the opinion of the teachers – that is a difference - and there is nothing wrong with being different - it may need a hand up rather than a kick out. That is the sad thing.

                Why not say to the school: ‘We will give you 12 months. We will give you some extra funding to upgrade some of your facilities. At the end of that 12 months, let us evaluate and, if you have not come up to the standard, all right, then that is it’. That will give people incentive to say: ‘All right, we might have to pull our socks up’. However, we do not seem to have given them that chance and that is not fair. It would not be hard, surely, to give them another 12 months and give them some assistance buying playground equipment or trying to fix up facilities that may not be up to standard.

                I ask the minister to bear that in mind. I would ask, like the member for Braitling, to please look at the other options to keeping the school. It seems to me, also, that some of these kids were on the street a fair bit and this school has got them off the street. That is important.

                I am interested that Mike Bowden has gone down. I worry about the Under 14 Southern Districts football team now because he has been doing so well with them lately. Not many kids in Australia have an AFL champion coaching them at Aussie Rules. I know Mike Bowden; he is a good friend of my brother. He has the young people at heart; there is no doubt about that. However, he is going down as the servant of the government. I would like to get him to a corner somewhere and say: ‘Could you resign for five minutes and just tell me exactly what you think?’ I do not think he would necessarily say that this is a good thing. You have sent the right man because people respect him, but he knows he has to do what the minister says. It would just be interesting to be a fly on the wall at Mike Bowden’s house one night to hear what he says. I do not think he would necessarily support this. As the minister said, he will do a good job because he is a good man. However, I may ask Mike to come back and see if he can persuade the minister otherwise and keep the school going for at least another 12 months.

                Let us give it another chance. It is a good school from what I saw; it is a happy school. It may not be a perfect school by any means, but how about just give it a 12 more months? Give it some money to improve its facilities and see where we go from there.

                Mr MILLS (Blain): Madam Speaker, I acknowledge the motion that has been presented by the member for Braitling and am very pleased to support it. I do not support the amendment, but will discuss that a little later.

                This matter has been discussed at some length, and I speak in this debate having assessed the matter carefully. It was not until my visit to Alice Springs that I was convinced that the position I adopt, along with my colleagues and the Independent members, is the right one.

                Some time ago, I accused the minister for Education of being the minister for the Department of Education. There is an important distinction when we separate those titles. Education is that which occurs in the realm of education in the Northern Territory and it takes many forms. I would go so far as to challenge the notion that nothing happens in education until it happens to a child in a classroom, because nothing really happens in education until it happens to that community and to the supporters of education. Primarily, it is the family and community around the child which sustains education. It is not just the delivery of the education product to a student in a classroom behind a desk. That is not education; that is the provision of teaching. Education and learning occurs in an environment in a community.

                That is what convinced me when I went to Irrkerlantye; I saw an active, positive and enthusiastic community. That is priceless; that is what you want in any school. Anyone who can assess the tone of school communities will know that the valuable school is the one able to generate that magical quality of support, interest and enthusiasm for education. It is not just the teacher and the students in the class; it is the parent body and other members in the community. I was convinced when I went there that there was something special in this school. It is the same special-ness that I have seen in other places when education takes other forms.

                That is why it should be supported and why I am happy to speak again. I am requesting some meaning; I cannot understand why this decision has been made in the light of what education, in fact, is. It is not something that is delivered by the Department of Education; it is learning provided to young people in an environment and community, supported by their families and the wider community. Students are at many different places.

                Minister, I understand that you received advice, a report, some kind of assessment. Please table that report or assessment to help me understand the reasons for your decision. The explanations that have been provided in this House and the change to the original motion do not satisfy the core question. The supply of that report from the Department of Education, the resources that you had available to you, may assist us in understanding. However, to date, I am not satisfied.

                For further understanding of this matter, if I were to hear indigenous members who sit across the Chamber support you, it may help me understand. The absence of those voices further raises the question of the quality of this decision. Is it supporting a community, or the agenda of the Education Department as headed by the minister for Education and his colleagues? If I hear indigenous members add their voice, and an explanation as to why this course of action must be pursued, it may assist me in understanding. I cannot sit quietly and allow this to occur.

                The reasons have been provided, and each of those I can counter with a question. I do not believe the answers that have been provided in the reasons for the closure, which have been mentioned on a couple of occasions by the minister, are adequate. You say it is not really a proper school. Well, it is staffed and funded by DEET. You say that they will definitely learn a lot better if they go into a mainstream school. Where is the evidence that supports that premise? What happens if that premise proves to be incorrect? What plans would be put in place to redress that? I am not convinced that the quality of this decision means that there is going to be the follow-up necessary to ensure that the transition does occur satisfactorily. Attendance has been cited as a reason why this school should be closed. However, that same argument then runs into a problem because many other schools would then be challenged as to why they should continue operating.

                What about the buildings? The former speaker spoke at length about the quality of the facility. That was not what attracted my attention. I do not see in the quality of the buildings any reason for the close of this facility - none at all. I was attracted to the sparkle I saw in the parents who were sitting there; the enthusiasm of the family members, the kids and the staff. That is what got me. That speaks far greater than the quality of facilities. If the facilities are substandard or need some improvement, that issue can be addressed.

                There are so many questions that remain unanswered. It leads us to consider the option that has been presented to you by the member for Braitling; the request: ‘Please, minister, can you delay your decision and allow a broader period of transition if you are intent, as you obviously are, to pursue the decision that you have made?’ Heed the request. We implore you to slow down and to take grave consideration of the voices that are coming from this school community. Slow it down, is one request and one option.

                At this point, I should mention Mike Bowden. I echo the words that have been spoken in support of Mike. I could not have chosen a better man to implement the decision of the minister - and he is a quality man at that. He has been put into a very difficult situation.

                That option has been presented to you by the member for Braitling. However, there may be another option. I ask the minister to consider this: if this community group, this school, with the support of the wider community, weighs up the costs and challenges of becoming an independent school - the member for Braitling has already spoken to the Catholic Education Office and I have commenced discussions with the Catholic Education Office and other private providers - maybe there is assistance that can be provided from the non-government sector to allow them to become an independent school.

                There is a process they must enter into. I encourage this community to consider this path. The first step that they would take in this is to weigh that cost - and there is a cost. However, it is probably a cost that is not too great to bear when we want to preserve that quality that we have in that place; that sense of resolution and cohesion as a community, and conviction and self-empowerment, which are the most valuable assets you need if you want to have a school. If that needs to be preserved, then, an independent structure may be the one.

                I ask you very deliberately, minister, if they do follow that path and apply for registration, would you consider that application to become an independent school? There would be sufficient cost savings in one line of your budget, the one that you have referred to as the minister for the Department of Education because it would cost less from that line, but it would open up greater support from the federal government. However, as you have referred to other agencies which come in to assist the enterprise of learning at Irrkerlantye, there may well be – taking a whole-of-government approach – the opportunity to add to the operation through other lines. By becoming independent, they would then have a greater flow of funds directly from the federal government.

                Once again, it rests with you, minister, if they take that path – and I know it would be with the support of the wider community, because the Alice Springs community want to see this school continue. Maybe, there would have to be private resources found within the Alice Springs community to support the application and the ongoing operation. However, it would sit with you, minister, whether you would approve of an application to become an independent school. I ask that question of you deliberately, knowing that we have limited options left, and all those lines come back to you.

                We have three options: (1) continue as you have determined to continue; (2) to delay and enlarge the transition period, as requested by the member for Braitling; or (3) what would you say to the consideration to become an independent school and would you positively consider a request made to be registered as an independent school?

                Dr TOYNE (Central Australia): Madam Speaker, Irrkerlantye represents a marriage of two structures; one is the social structures of the Arrernte people and the other is the structures of formal education and other formal government processes. I read from the September 2005 report from Merridy Malin and Debra Maidment which the member for Blain tabled today, where it describes Irrkerlantye in the following terms:

                  Irrkerlantye is a holistic community development program for Eastern and Central Arrernte families which is governed by
                  an Arrernte management committee and offers a range of services to the families, most of whom are connected to
                  the Ngkarte Mikwekenhe community of families. Ngkarte Mikwekenhe Community Incorporated (NMC) is the body which
                  administers the centre. The centre has a community development focus whereby each of the 13 extended family groups
                  has devised plans by which they aim to achieve their long and shorter term aspirations through schooling, adult education,
                  training and work programs. The centre provides school education through the NT Department of Employment, Education
                  and Training (DEET) and an adult vocational education program through Bachelor Institute, the Centre for Appropriate
                  Technology (CAT), the Institute for Aboriginal Development (IAD) and Charles Darwin University. Irrkerlantye Arts is a
                  small art enterprise which developed through the centre, earning up to $30 000 per year and contracts 40 artists who sell their
                  paintings through the centre and also exhibit at Territory and national exhibitions. There is a crche which operates for young
                  children and babies of the adult students studying at the centre, allowing mothers to breastfeed their babies throughout the
                  day. A nutrition program ensures that all participants receive a healthy breakfast and lunch, and snacks throughout the day.
                  The health of the children is monitored and maintained through regular visits from the Aboriginal Congress clinic staff. A social
                  and emotional wellbeing counsellor provides spiritual and social welfare support, arranges funeral services, and advocates for
                  people with local Alice Springs agencies including the Departments of Housing, Centrelink, Correctional Services, the Juvenile
                  Diversions program, Tangentyere Council and Alice Springs Youth Accommodation and Support Service (ASYASS). Arrernte
                  language and culture are integrated throughout all aspects of the centre programs.

                In line with previous contributions to this and the earlier debate, it is quite clear that Irrkerlantye has a very holistic approach and quite a range of aims in running their programs. In reading that, it certainly brought back memories of the community school that I was involved in establishing and running in Kensington in Melbourne which had a very similar approach to this. It had an extended involvement of the families in the school, a multi-generational approach to the support of children, and formal school programs embedded in that holistic approach.

                The minister for Education has made not one decision but a number of decisions regarding the formal education component of Irrkerlantye. Based on the educational outcomes, he has properly identified that there are there is a need to improve the outcomes for the kids in these programs. Equally importantly, he has not only said that that would be best pursued by having involvement in more formal schooling in the schools around Alice Springs, but has made a very public commitment to case manage supporting those children who go into that new setting for their formal education. In the emerging view of what that case management is about, there is a way of achieving benefit, both for Irrkerlantye and for these children, if we are very focused on the process that we want to follow.

                It is interesting to note that on page 12 of the same report, Debra Maidment, along with Merridy Malin, is recommending that:

                  Explicit teaching, scaffolded instruction and contextualised learning have all been demonstrated to facilitate literacy and
                  numeracy learning in Aboriginal children in classrooms. Teachers must be familiar with these practices and employ
                  them at Irrkerlantye.

                They go on to say:
                  Many schools have not been accountable to Aboriginal parents by ensuring that their attendance and attainment records are well
                  kept and up to date. Irrkerlantye needs administrative support for achieving a sound record system. In addition, more
                  finetuned benchmarks for English language and literacy and numeracy development are needed in order to monitor the progress
                  of ESL students on a six-monthly basis across all Aboriginal schools.

                In that particular paragraph, they are talking of a fairly wide frame but, I would assume seeing this is a report about Irrkerlantye, they would say that applies equally to Irrkerlantye. There is, within the leadership of Irrkerlantye, an acknowledgement that there needs to be a more rigorous and reportable educational process in both the teaching methodology and the educational outcomes that accrue from that program.

                That brings us to the other arm of the minister’s decision which is the need to carefully case manage the kids into that rigorous process. Having spoken at length to Debra Maidment and to my colleague, the Minister for Family and Community Services who, it must be remembered, is running a very significant programs aimed at these same families, we believe that the case management of these kids will need to be referenced to the model of Irrkerlantye. It will be these families who would need to support the transition of these kids into a more rigorous educational program than they have been receiving under the existing framework.

                I have to say that, if someone had come to me when I was running Kensington Community School in the six years after it was established and said: ‘We will provide formal teaching and formal classroom programs if you provide the social support and settings, and community links back to the families and the neighbourhoods that these kids come from’, I would have been delighted because it was very difficult to maintain benchmarks into formal education at the same time as dealing with the considerable issues that were coming from the social backgrounds of the kids.

                I say publicly that I will be taking a very personal interest in these families, kids and the preservation of some of the approaches that have been developed in Irrkerlantye. As has been stated several times in this debate, there are very worthwhile things that have come out of the Irrkerlantye model. It is a model, as we have said, that is not unique to Irrkerlantye but, nonetheless, is extremely valuable in motivating kids, particularly kids who have come from very troubled backgrounds as many of these kids have.

                I believe that, with some goodwill and measured action around the minister’s decisions, we can come up with a future for these kids whereby they have decent and good facilities to learn in, and rigorous educational programs available to them that provide them with good benchmark outcomes in the core areas like literacy and numeracy on which their future life is going to be very dependent. Surrounding that is the really valuable social support that has been developed in Irrkerlantye. I would love to see senior artists still working with those kids and working more broadly with school kids in their new setting. I would like to see those kids delivered to school on a daily basis, with their families still supporting them and the ability to have difficulties addressed that they will, no doubt, encounter when go into a new school; that all kids do when they go into a new educational institution. They will have times where they will hit a difficult patch and need the support that Irrkerlantye has been providing for them. That can still be there. The programs, as I demonstrated from the excerpt that I read from the report, are very widely based.

                All those other programs are still there; Irrkerlantye still exists as a body of activity with ongoing funding support from a number of sources. It is a challenge for the schools and for us as a government. The responsibility we have to these kids and families by intervening in this way is to make sure that the connections are still maintained to the social support that has been developed, and to this model of social support. There is nothing wrong with Irrkerlantye as a model. What the minister wants is to see some guarantee that the education programs are going to be more rigorous, and that the outcomes for these kids are defendable in preparing them for a future life as adults.

                I would be remiss not to acknowledge the fantastic commitment and work that has been put into developing Irrkerlantye. In fact, Mike Bowden was involved in the precursor of the Irrkerlantye model with the Detour program. In this House, when we were in opposition many years ago, I highlighted the work of Detour. In fact, it was in the context of the CLP government trying to cut its funding, as I remember.

                Members interjecting.

                Madam SPEAKER: Order!

                Dr TOYNE: It is always good when people are born again and they suddenly take an interest in kids who have been abused.

                Be that as it may, this has a long history. History is history; the facts of what has happened over the many years of this program are there for everyone to have a look at. The problem and challenge we have is to now take this new seating for the same model and make sure those kids have the support they need on a daily basis, and that the Irrkerlantye group as a whole have their work and history respected, and their model applied in an ongoing manner into the future.

                Madam Speaker, I look forward to playing a part in that. I have indicated that to both the ministers - as the Minister for Family and Community Services is also very important in this – and Irrkerlantye. We will work together and make sure of these kids’ transition. Let us work for a really strong benefit, not only for the kids but for the Irrkerlantye families. I believe we can achieve that. The minister has shown responsibility for what he has to do as minister for Education; that is, to make sure educational outcomes are acceptable for each and every kid who is under our responsibility.

                Dr LIM (Greatorex): Madam Speaker, the comments I am going to make are very much the same as I said earlier today about support for Irrkerlantye. What astounds me are the words which have been uttered by the member for Stuart. He praised the Irrkerlantye for all the good it has done for the Eastern and Central Arrernte children. He read extensively from the report by Merridy Malin and Debra Maidment and then outlined the benefits, effectiveness and types of progress that the kids have made through attending the Irrkerlantye Learning Centre. Then he proceeded to say that now they will rip it apart and send the children to the various schools around Alice Springs.

                I said earlier there are 70 children registered with the school; 35 of whom attend the learning centre on a regular basis - anything up to 80% of the week in attendance, which is three to four days out of five these 35 children would attend the learning centre.

                This minister says: ‘Okay, we will rip them apart, divide them into smaller groups and send them to the various primary schools around Alice Springs’. Then we will have Mike Bowden, a very capable man - and I also applaud his services to Central Australia and to things educational and sports - who is one man who is going to be chasing around the town after 35 children. For goodness sake, we are not going to see Mike Bowden able to cope with 35 children on his own; trying to supervise them and making sure they attend school, are adequately fed and properly dressed. These are the things that the Irrkerlantye has done well. The member for Stuart says that they have done it well.

                Graham Buckley tells a story of how difficult it is to ensure these children are adequately cared for from the time they get picked up from home to the time they are delivered back home after school is over. However, this government says they are going to rip the Irrkerlantye apart and we will see great benefits for these students after they do that.

                For the life of me, I cannot understand how this government can justify that. The minister for Education said it will be a challenge for the kids to go to mainstream schools, and for the schools to be ready for these children. It takes more than just a few months for a school to prepare to change its whole culture to look after these children who have not done particularly well in mainstream. That is why they found the Irrkerlantye so good to go to. If the whole school culture is going to change, is that going to impact on the current children who are attending those schools? The government has not thought this through. The minister has not addressed whether changing the school to accommodate some of these children is going to impact on the children who are already there.

                The Alice Springs community, whether they be indigenous, white folk, or in business, are all very supportive of Irrkerlantye. In fact, tomorrow in the NT News, there will be a full-page advertisement taken out by the Irrkerlantye community. It is an open letter to the Chief Minister, asking her to intercede and for a stay of this execution. This full-page advertisement must cost thousands of dollars to be printed in the NT News, and it is funded through contributions through businesses like Murray Neck, Peter Kittle and the AMP. Big businesses in Alice Springs are supporting this school, yet this government says: ‘No, no matter how good this school is, or how good the member for Stuart reckons this school has been, we will rip it apart, send the kids left, right and centre, and then bring support, hoping that they will survive in these mainstream schools’. Well, I am sorry to say that this minister is building these children to fail and that is a tragedy when you see those kids already succeeding so well.

                While I have never attended an indigenous school myself, I suggest to the minister that is not easy for children who have not been exposed to regular education as we know it to then be thrown into it without the adequate support that they now receive. They will not get that adequate support in the mainstream schools. The support they have because of their families turning up with them at Irrkerlantye would make it so much more comfortable and secure for them when they attend Irrkerlantye. When the member for Stuart says: ‘Oh, we will take some of the Irrkerlantye programs and reference the programs to Irrkerlantye programs to see how we can take some modules across to the schools to support them’, I do not know whether DEET or the minister has even negotiated with Irrkerlantye to take some of its intellectual property. Many of the programs that are run at Irrkerlantye were developed by the Irrkerlantye themselves. This government has not – I am sure it has not – talked to them, because, having spoken to Debra Maidment recently, nobody has spoken to them about whether they can buy, beg, borrow or steal the modules that they have developed.

                In a few short weeks, this government is going to say to the children: ‘You are going to go to Gillen, you are going to go to Saddadeen, you are going to go to Ross Park …’ and God knows where else, ‘… and 11 of you will go back to Amoonguna’. That is what the minister has said. Those children who are now attending Irrkerlantye from Amoonguna will have to go back to Amoonguna. The question of why they do not want to attend the Amoonguna school has to be asked. There are reasons for that, but this government is going to tell them to go back there. These kids will fail because of the uncaring way that this government has dealt with this problem and I believe it is a tragedy. Those kids, who would succeed otherwise, could be given notice that in two to three years time they must mainstream so that the whole psyche, the whole ethos of Irrkerlantye, will be towards getting the kids into mainstream, rather than saying they will be at Irrkerlantye for the rest of their school days. That would help, because it would allow the kids to develop a mentality of: ‘Okay, in two to three years time, I will be going to X school’. However, to say ‘No, the school is going to close right now and in six weeks time you are going to be in mainstream school’, is very difficult and it will not give these children enough time to adjust in their thinking to do that.

                I support the motion that the member for Braitling put forward. I am very disappointed with the minister, who tendered his self-congratulatory four points in the amended motion which really does not do anything for the Irrkerlantye community. I believe that the motion as put forward by the member for Braitling makes a lot of sense: defers the decision, asks the minister to delay the closure of the school into the future allowing the full review - another review - to be done, and for the minister to then provide adequate information to everybody as to why he still thinks that the school needs to be closed and, at the same time, allows the community to reconsider its options and see how and where it can improve its services for the children who attend Irrkerlantye

                If the minister closes Irrkerlantye now, not only will he face the wrath of the Eastern and Central Arrernte people, but that wrath will spread to members like the members for Macdonnell and Stuart, and perhaps other members further up the track. It will also incur the wrath of many of the big businesses in town. They support it by their reaction that tomorrow they have funded a full-page ad in the NT News beseeching the Chief Minister to intercede in this matter. It will be a sad day when this Labor government, with all its rhetoric about supporting indigenous people, turns a deaf ear to the very people they say they are going to help.

                Mrs BRAHAM (Braitling): Madam Speaker, I will conclude this debate. I have been listening to all the contributions made by members. I thank members, particularly those on this side, who have given support to the motion. I was pleased to see the Minister for Central Australia stand up because I was beginning to think the minister was going to be the only one on that side to speak. I am disappointed that the member for Arafura did not speak, as I know she did speak with parents at Irrkerlantye. The member for Macdonnell has also been there. I thought perhaps they could have stood up and put on the table where they stand. Do they still continue to support the minister? It is important that the Aboriginal people know what Aboriginal members of this Assembly think.

                What has happened also, minister, is that you mellowed a bit. When you first made the decision it was a little ‘boots and all’ and you were not going to back down at all. Then, suddenly, out of the blue, someone said: ‘Let us get Mike Bowden to have a bit of a look at what is going on …

                Mr Stirling: I thought of that myself, actually.

                Mrs BRAHAM: Did you? Well, there you go. He is a good scapegoat, isn’t he? He is the one who is going to wear it if he does not succeed. How he is going to succeed in the next few weeks, I do not know. It is an easy option for you. Good luck to Mike Bowden. For goodness sake, we all want to see these kids succeed.

                Did you hear what the Minister for Central Australia said? Did you hear his summary about this particular centre? He said it so well, and that is what it is all about. You are taking the heart out by taking those kids out. Do you really think the mums will still turn up to the art room? No. You are destroying the whole concept which is a good concept. There are similar concepts out in the bush that you can see. You talked about it not being our and teacher’s responsibility to do the social welfare work, but it is happening: breakfast, showers, clean clothes, lunches, after school activities, excursions, health, checking hair - all those things happen now.

                Education is no longer just in the classroom. Education has embraced the social welfare of their children. It is something that has happened; something the teachers now accept. They might not always be happy with it because it certainly adds a lot more weight to it. However, that is a good thing. That is not something we should say should not be happening and decry.

                Minister, I see a little mellowing but, obviously, certainly not as far as I would have like you to have gone. I do not know how you are going to do it to get these kids back to school at the beginning of next year. You talk about scrutiny. I believe you are the one who will be scrutinised. We will be looking to see how successful this transition has been. I have grave concerns that it is not going to work.

                You also said, and it was a great quote: ‘It is not the quality of the building, but the quality of the program’. You said that, and you are right; that is what it is all about. It is not teaching in a flash building. How many of our little outstation schools started under a tree or a bough shed? They were not flash buildings. That is what it is all about, the heart of this program; it is the quality of the program and the way it has been embraced by so many people.

                I think it was the member for Nelson who said: ‘Okay, results may not be at MAP level …’ - and give him his due; he went and had a look - ‘… but progress has been made’. If you say they only achieved a certain percentage of the MAP test, fine. Let us say they are moving; will they get the same result when they do move? It is difficult for you, minister, to back down. You made the decision, you have dug your heels in and that was going to be it. However, I do not think even you expected the strength of public reaction. I do not think you really expected, as the member for Greatorex said, the strength and support that place has.

                If it was not a good place, I would not be supporting it, I will tell you that. I have reviewed it. I have known about it for some time. I have visited a few times. I would not be saying give them a chance if I had any doubts. This is what makes it so hard for us to comprehend; that you have cut yourself off like that. You just do not seem to understand that in Alice Springs there are many kids who do not have family support, who do not have the support these children are getting at Irrkerlantye which they will not get it in mainstream; those parents will not follow them. There is no way they will have the same loving environment. We need to back off and give Mike Bowden 12 months to sort it out. He is not going to do it in the short time you have given him. Give him a chance to see if he can make it work.

                The member for Blain mentioned the independent school. It could happen through the Catholic Education system, but they have said they could not do it without a lot of support. As yet, I do not think the minister has offered that support. They have offered support in allowing them to use the premises. They have given spiritual support as well. It is just so lovely to see some of the art work that has been done around the chapel there. It is so lovely to see the spiritual support that is there during the day. You have something of which you should be, in fact, proud. You should be saying to the world: ‘Look at this! Isn’t this great? We have achieved this concept, this model that is working’. You should be telling the world about it rather than saying to the parents: ‘We are going to close it down’.

                I just do not know what we can do to convince you, minister, that you should retreat; that you should back off. We have heard many people speak today. I have spoken to many people about this. They have e-mailed us, written letters, and come to the office. It is not a knee-jerk reaction by a few radical people in the town. It is a wholesome, healthy reaction by people who want to keep this particular centre going. All we ask you is to give them a go to prove that they can do it as well as you want them to. You are saying they are not doing it well enough. Okay, the kick up the bum was probably not a bad thing; it does not hurt for any school, now and again, for someone to come in and shake, rattle and roll. However, you are not giving them the chance to say: ‘We can make it better, we can do it better. We can get better results for you’. If your total focus is outcomes and results, then at least give them a chance.

                Along the way, minister, you have made this decision and I can understand how you have your back to the wall and you are not going to back off. There is going to be a lot of hope pinned on Mike Bowden, and I honestly do not really know how he is going to achieve it. These kids will end up, in many cases, not attending as happily as they can. The member for Nelson mentioned the happiness in the school. The kids laugh; they enjoy it. Enjoying school is such a good thing these days because there are so many pressures upon students to perform. Yet, in this school they come freely and with the right sort of motivation. I just worry that you have taken that motivation away; you have pulled the rug from under the feet of all those people who have worked there - and worked so hard.

                You have talked about Gillen, but you realise that you did not mentioned the annexe that Gillen has which, again, would not be a flash building that you talk about. The results Gillen get are slow, and I question some of the figures you gave. However, then again, we sometimes can have debates about figures and stats and things like that. However, does Gillen want them? Does Sadadeen want them? Does Ross Park want them? These are hard times to take a group of kids who have been settled in one place, and suddenly dragged out of there and told to go to this school. I say a lot of resentment will occur with these particular students. They will not settle in as happily as you hope. They will not have the support and the environment that they look forward to.

                We have gone on long enough, minister. I cannot support your amendments. The first one is ‘notes the effort by the Martin government to improve employment, education and training for indigenous people’. What a motherhood statement that was! It says nothing, and this is going to be great for people out there to see what you are saying - that you say no to mine and you are putting up that. You have also said that ‘the government’s commitment to ensuring that indigenous Territorians have access to the best facilities and the highest quality education possible’. Oh, come on, minister, let us go out to some of the schools around the place and see whether that is actually so. You are not ensuring that. They are going to be looking at that and saying: ‘Okay?’ ‘Notes concerns regarding the facilities at Irrkerlantye’. When did the students or teachers ever complain? They did not. When did the parents complain? They did not. It is all in your mind; that forgets that good education can take place under a tree. ‘Will ensure that in their transition to schools in Alice Springs the children and their families receive the strongest possible support from the government and the department’. Well, this is going to be an interesting thing! Scrutiny, minister? Yes, we will certainly be scrutinising to see how you give this ‘strongest possible support’.

                With these change that you have made to our motion, you would have been better off, I reckon, just defeating the motion rather than changing it, because now people are going to compare what you have put forward and say this is a joke, this is just rhetoric, this is not action. Perhaps you should have been more honest and voted down my motion because, at least then, people would have understood exactly where you stand. I find it rather disappointing that you have come up with this soft option; that you have not really admitted you made a mistake and, yet, you have not been prepared to let Irrkerlantye have an opportunity to prove that they can do what you want.

                Madam Speaker, I do not agree with the amendment; I will not vote for it. I will leave it up to you for the next bit.

                Madam SPEAKER: There are two questions before the Chair: the original motion by the member for Braitling, and the amendment as proposed by the Minister for Employment, Education and Training. The first question relates to the amendment. The question now is that the amendment as moved by the Minister for Employment, Education and Training be agreed to.

                Motion agreed to.

                Madam SPEAKER: The question now is that the motion, as amended, be agreed to.

                Motion agreed to.
                MOTION
                Declining GST Revenues and Economic Mismanagement

                Ms CARNEY (Opposition Leader): Madam Speaker, this evening I speak in support of the motion brought by the opposition. For the benefit of the Hansard and for members present, I will read out the motion. I move –

                That this Assembly:

                (a) notes the threats presented to the Territory economy by the declining GST revenues;
                  (b) calls on this government to detail what election promises it will not keep to Territorians
                  as a result of its economic mismanagement; and
                    (c) calls on this government to tell Territorians which taxes it will have to raise or introduce
                    because of its economic mismanagement.

                    It is an important motion. Indeed, there are a number of important issues which are before us and other Territorians. The fact is this government is sending out all of the wrong signals of how it is going to deal with what will be a reduction in GST revenue.

                    The issue of declining GST revenue is important and government will have to face this. Yesterday, when we moved the censure motion against the Treasurer and Chief Minister, the response from government was to quote from the Sensis report and for government members to say what a great position the Territory economy is in. The Territory economy has been doing well; however, that was not what our censure motion was about. What it was about was the inability of government to contain its spending. I will repeat that - what it was about was the inability of government to contain its spending. Now that the GST income has started to taper down, government clearly needs to respond.

                    The only effective way in which the government seems able to respond is to send letters to the public service saying everything is well and there is no need to batten down the hatches. No one believes them. The fact that the Chief Minister wrote a letter telling all public servants that this was normal tells us that the government is super conscious of the fact that it is anything but normal. In fact, it is abnormal. The deception, if I might call it that, lasted only a day as it was reported in the Northern Territory News, not to mention talked about in the coffee rooms of various public service offices around the Northern Territory. It was being described as an ‘employment freeze’. If an employment freeze is normal, then I am Jack Ah Kit.

                    It has been said to me by a friend, after the letter which the Chief Minister sent around, that people she was working with, from Education, were a bit peeved with the way the Chief Minister signed off. They expected – it was a curious thing and it did not occur to me until they raised it – but they expected a ‘yours sincerely’, or a ‘yours faithfully’. They commented on the way in which the Chief Minister wrote ‘best wishes’, and they joked that was what you said to people who were leaving, like ‘best wishes for the future’. It fell just a little short of ‘bon voyage’. However, that is the joke doing the rounds of the coffee rooms in many public service offices around the traps. No doubt the government e-mail list is full of a number of jokes. It is very serious. The public servants, obviously, have a sense of humour like the rest of us. However, I can assure you that, based on the calls I have received, there is a high level of concern.

                    One of the reasons the Northern Territory economy is doing well is that government is spending up big and the economy has already been pretty buoyant. The national environment is tending to slow a little and that will mean a downturn in GST, and that will mean cuts. Cuts have, however, already been made. They have been made in the area of infrastructure spending. I refer again to the issue I talked about yesterday; that is, the money in the capital works program that was spun by the government a little over a year ago. They have taken money out of that program – not just a little, about $10m - and they have spent it elsewhere.

                    That brings me to the next area of concern. One department alone is responsible for a $41.8m blow-out from its appropriation, and nearly $60m overall when you factor in the money that it has received from places such as the federal government. That is the Department of Infrastructure, Planning and the Environment. It was interesting, when the question was asked today, the minister, slippery as ever, said: ‘No, our department spent $41m more than budgeted and it was for all of these reasons’. In fact, when you look at the entire budget for the department, it overspent by $59.299m, and that is detailed, for the minister’s edification, on page 112 of TAFR.

                    Getting back to the $10m shift in spending which I referred to a moment ago, it is justified, apparently as a reclassification of works in the capital appropriation. This means one of two things: that this government simply misled Territorians as to what capital works were actually cashed up leading up to the election – no surprises there, I suspect – or that money was needed from capital works to plug other holes. My view is that it may well have been a mixture of both. It needs to be remembered that this is the department that has carriage of two major projects. That was the question we asked in Question Time today; namely, the handover of the Territory parks estate and the waterfront.

                    We note, with a great deal of interest, that we still have not received the department’s annual report which, no doubt, will be tabled late tomorrow night. We do not know - nor do any Territorians - what deals have been made to ‘oil the wheels’ in either of these projects, but I can tell you that we have not been able to see what has been going on. Indeed, we may never – ‘we’, that is, Territorians - may never be able to see what deals were done.

                    In the case of the parks estate, the laws that this government rammed through means that there is no longer any recourse to this parliament. Once the negotiations are over, that is it. Therefore, we have no idea what promises are being paid for by taxpayers under those arrangements. That point cannot be understated. Secondly, the waterfront’s funding arrangements remain shrouded in secrecy.

                    It is worth painting a picture of what occurred prior to the last election. The government was in an impossibly weak negotiating position. They could have aborted the deal at any time, but they could not walk away. They could walk away from the project but, for political purposes, they wanted it. Whenever they leave government - and who knows when that is going to be - they want to say: ‘We did build something’. I cannot refer to the Chief Minister by name here, but I am thinking there is probably going to be a plaque somewhere saying ‘The blank, (as in the Chief Minister), memorial project’ because, by God, she wants her place in history, so that at least she can go down in it as building something - and she wants it big.

                    The consortium partners, being a bright bunch of people, knew this and, as the wheeling and dealing progressed, the consortium partners, obviously, ratcheted up the screws on government. That is when the lock, you will remember, disappeared from the maps. That is when the wharf moved outside of the project boundaries. That is when we offered to pick up the cost of the environmental clean-up. Also, that is when all manner of negotiations were done behind closed doors and, because it is a PPP - that is, a public/private partnership – the veil of commercial-in-confidence was lowered over the project. How vocal were members of the Australian Labor Party when in opposition about that concept, commercial-in-confidence. My, how the worm turns. It is very interesting to note that the cost for the environmental clean-up was estimated to be in the order of $10m. It just happens to be the amount that has been whipped out of the capital works budget for the rest of the Territory.

                    As the Treasurer admitted yesterday to the House, the waterfront has led to extra cost to government. Isn’t it a convenient way to avoid scrutiny? This open, honest, accountable – and all those other sort of words – government; words that Labor clung onto from 2001 onwards. I say again: my, how the worm turns. The problem is that the bills will be presented in due course, as they have been with the Sydney tunnel, a similar arrangement to the waterfront in so far as they both are PPP arrangements. This has caused no end of pain for the New South Wales government because of the use of pressure to force Sydneysiders to use the tunnel by fixing roadworks to force traffic into the tunnel. What is built into the waterfront deal and how much we are really exposed to, time will tell. I can only hope that the documents tabled in this parliament by government will also reveal the exact nature of the spending.

                    It is important that I provide the obligatory pre-emptive denial; that is, that the CLP and I are supportive of the waterfront development. We do want to see the place develop for the benefit of Territorians. Therefore, before we get the usual tirade and fibs about our intentions, it is important to put it on the record. In fact, as I moved into the Leader of the Opposition’s Office …

                    Mr STIRLING: A point of order, Madam Speaker! The reference to fibs, the normal run of fibs, is unparliamentary and ought to be withdrawn.

                    Madam SPEAKER: Yes, I ask you to withdraw, Leader of the Opposition.

                    Ms CARNEY: Happy to withdraw. I will call it mistruth, Madam Speaker. I am surprised that the Treasurer is sensitive.

                    However, when I moved into the Leader of the Opposition’s Office, I did a lot of cleaning; there were many things in many cupboards. I was delighted to see some plans of the waterfront development. I ask why on earth would the CLP not be supportive of the waterfront development? I know Labor hates this, but it was the CLP’s idea in the first place, and I still have the plans …

                    Dr Burns interjecting.

                    Ms CARNEY: I still have the plans if you would like to see them because I kept them especially for the likes of you. Madam Speaker, I say again: the CLP is supportive of the waterfront development.

                    What we are very concerned about and keen to ensure is some level of propriety. This government is increasingly secretive and arrogant. To the extent that we are able to do our jobs, noting that last year the government spent about $8m on its spin doctors and we spent, I think from memory, about $550 000 on hardworking advisors, it is a difficult job. The government governs by stealth but, to the extent that we are able, we plan on doing our very best to keep this government to account.

                    The cracks, of course, are starting to show because someone is starting to leak documents. I say to that person or those people on the Parliamentary Record: thank you very much. They clearly know where my office is. Keep it coming, and we will ensure that we do not disclose your identity.

                    Madam Speaker, I digress. The other problem for government in a PPP arrangement is that the government is contractually bound to a time frame. This is a problem because the government needs to pay its consortium partners before they can deliver one hospital bed, one new teacher or one new police officer. No doubt, the government says that they have all been delivered already, but I do not agree.

                    The term ‘black hole’ has been borrowed from the scientific community. I am sure the Minister for Planning and Lands would be aware of that. It is interesting because the entity known to science as a ‘black hole’ is not directly observable. You know it is there because you can see how it affects things around it. How badly it affects that which is about it is an indication of its size. The black hole of commercial-in-confidence cannot allow us to see the entity itself, but let us look at the effect of what is happening around it - not a bad analogy.

                    Projects like the Desert Knowledge project, the soccer stadium, the Mereenie Loop, schools in Palmerston, and Irrkerlantye, have slowed down, stopped or had their funding withdrawn. The skate park in the Chief Minister’s own electorate is still not there and Cabinet, as I understand it, has not approved money for it despite what the Chief Minister says. Public servants are quaking in their boots and schools are being closed. Let us call a spade a spade. Guess what? We may not be able to actually see the details of the waterfront, but we can see the effect of those details and it is beginning to indicate that size of the problem, which is a whopper.

                    I digress slightly. In Question Time, we asked a question about the Desert Knowledge project, and I think it was the member for Wanguri – typical in the way that he talks and thinks - who said: ‘No, no. It has not been shelved’. He might like to tell the Centralian Advocate that. Their front page: ‘$27m desert vision on ice’.

                    Regarding the Mereenie Loop road, I understand that the road is behind schedule for a number of reasons including the inability to get site clearances, and gravel and water on the Haasts Bluff Land Trust. Over and above that, the other issue is cost. The original figure of about $38m has been superseded. Most government infrastructure projects are coming in, as I am advised, about 50% over the estimates, and the Mereenie Loop road is no exception. Figures have been bandied around left, right and centre, but we are hearing a figure of about $45m. It has been shelved. It has blown out; government does not have the money and, therefore, it is going to be put on hold because not only can they not afford the $38m for the original project, it has gone up, and they sure as hell cannot afford that. However, they can afford the waterfront development.

                    The government has committed what can only be described as an act of folly, and that is going to be one which will cause great pain, in our view, in the Northern Territory in the next couple of years. As the Treasurer has been so keen to point out, the fortunes of the Northern Territory have been buoyant over recent years. Projects like the railway and the gas installation have been going pretty well. The problem is that those projects are projects that were put in place when Labor came to power. The extension of the Alcan facility is contributing to the Territory’s economy but, as a project, its life will be soon over. This government has spent contrary to smart fiscal policy. For those people who remain in the Territory when these projects are completed, the pain will be doubly felt.

                    Enter the counter-cyclical philosophy of John Maynard Keynes, someone I studied when I was at university. It is not rocket science and I will oversimplify it deliberately so that government members can understand it. It works something like this: when times are good, governments can afford to squirrel away the fat, due to things like debt reduction and savings; when times are bad, governments open their fattened coffers and take some sting out of the poor economy. Members will remember yesterday that I referred to this very building that was built during the recession we had to have, and it saved a number of businesses in Darwin. However, what has this government done? Has it saved? No, it has not. Has it reduced its spending? No, $100m or thereabouts, blown out by government departments, notwithstanding an earlier indication some years ago by the Chief Minister, who said that that CEOs who cannot rein in their spending will be at risk of losing their jobs. It might not be quite right but, certainly, that was the effect, and it is certainly still what public servants are saying. Never mind about a $100m blow-out. In any case, this government has not saved. Has it reduced its spending? No, and it has amplified the money sloshing about in the economy by spending up big. The TAFR is a testament to that. The problem is that some difficulties have started to surface and, already, we know that the fat is starting to be cut.

                    Last year, there was a reduction in the GST income for the first time. The reduction of anticipated revenue was in the vicinity of $20m. There is more to come because the GST is, as we know, collected as a consumption-based tax. Although there is no threat of an interest rate hike in the near future, there are still other things that do and will affect people’s spending. Firstly, nationally, retail and spending figures, especially in the construction sector, are cooling. It is for this very reason that the Reserve Bank has not raised interest rates. Secondly, the price of fuel appears to have been absorbed into the household and company budgets, which is a part of the reason why there has been no initial inflationary pressures brought about by the spike in fuel prices. However, that may well change.

                    The fact is that Treasury is or must presumably be warning the Treasurer. I am advised that they are warning - perhaps that is too strong a word, but they must be certainly indicating to the Treasurer that GST revenues will fall. I am sure that even people beyond our borders will have observed a similar likelihood. It is a problem because, when it happens, the Treasurer will want to tighten his belt and spending will decline. We have already seen this. As GST revenue declines, it will be because of a slowing down in consumption.

                    It is also well known that Victoria and New South Wales want the formula changed because they argue that their populations pay the bulk of the tax and, therefore, they deserve a larger share. If they get their way, the effect on the Territory’s GST revenue will be catastrophic. If that happens next year, things would be very grim, indeed. It is an important matter and, therefore, it is worth repeating. I am sure the Treasurer will be aware of this, but the Treasurers of New South Wales and Victoria have indicated publicly that they want an adjustment of the GST formula. John Brumby was a school teacher of mine and I think he met his wife in my parents’ kitchen, so I can say to our Treasurer when he is next at a Treasurers’ meeting: give John Brumby my regards. However, I am sure the Treasurer and I will be at one when we would be very tempted to put arm around him and say: ‘John, please do not haggle for a change in the formula because that would not do us any favours in the Northern Territory’. So, Treasurer, give him my regards, but keep him on the straight and narrow.

                    In any event, such is the might of the bigger states that it is likely. I do not have a crystal ball, but these guys play pretty tough, pretty hard. If they get what they want, there will be a bipartisan expression of disappointment, to say the least. All of this means that things will be very grim. We have already seen a reduction in the anticipated GST revenue we can expect. We know the boys in Victoria and New South Wales are jostling for a changing of the formula.

                    This is very serious, and I know Treasury regards it as serious as well. The difficulty is that, when one of the biggest spenders in the Northern Territory is government and its employees, then this Treasurer has a difficult job. Given the departmental blow-outs, he does have a very difficult job but he could have picked it better. Instead, hitherto, it has been hiding under the desk: ‘Oh, there is an election coming, no, no, no, shush, do not say anything. We will deal with it after the election’. And then, whoops, all of a sudden the Chief Minister writes a letter that amounts to bon voyage to a number of public servants.

                    However, there is another factor that has Treasury nervous. If you go through the Treasurer’s Annual Financial Statement, one discovers that the agencies budgets have multiple revenue resources. Firstly, what they get through the appropriation and, secondly, from other sources like the federal government directly. I will say that again for the benefit of the Minister for Health, who seemed somewhat surprised yesterday when I told him how health is funded from the Northern Territory government and, also I think, they get a couple of hundred million dollars from the federal government. Just so that he is clear although, no doubt, hopefully, his advisors would have put him straight by now, I say again that government departments get monies through the appropriation - that is, the budget - and secondly, from sources like the federal government directly.

                    Health is a very good example. Let me be specific. From the appropriation, it gets something in the order of $463m. After being topped up by other sources of revenue, its operating revenue is somewhere in the vicinity of $634m. While the Health budget has blown out by about $2m against the appropriation, its real overspend is $37.6m across its whole revenue base. That is the actual result. Where will this money come from? If you take the time to add up all of the actual results across agencies, they have blown to the tune of $135m last year. That is why Treasury is getting nervous, because many of these other funding sources do not provide top-ups to blow-outs. The money will have to come from somewhere and the Treasurer, clearly, does not have any idea where to get it other than from the likes of schoolkids in Alice Springs, people who might want to drive on the Mereenie Loop road, people who might have interest in the Desert Knowledge project, kids who might want to go to a high school in Palmerston or, indeed, people who might want to go to Araluen on a Sunday - and the list goes on.

                    This government has been less than honest with Territorians about what they are doing. They are now shocked to find that the TIO is likely to be sold. I know the Treasurer is going to stand up and say: ‘I never said that’. All he said in Question Time when we asked him about it during the last sittings was: ‘We are not planning to sell the TIO’. If that is not a sentence full of weasel words, I am not sure what is. We all know what is going to happen, surely. If I am wrong, then I will be very happy to be wrong.

                    This government’s good fortune is down to a couple of things, and let us be clear about it. Firstly, the GST revenue has been plentiful up until now. It has even been able to reduce nett debt. However, in two years time that situation will be reversed and we will have nearly $1.8bn in nett debt - the highest ever. Secondly, as I have already stated, the railway, backed up by the gas works, has had a major and beneficial impact on the economy. The waterfront is the flagship of the Chief Minister and the Australian Labor Party - and then what happens? This is not a government that thinks beyond an election, and that is clearly demonstrated by the oily ways they conducted themselves or hid from Territorians the true state of the economy.

                    The questions raised by the opposition and others are legitimate. What election promises will be broken? We have already listed some; please tell us about the others. Which taxes will you raise? We have heard repeatedly from this government that increased taxation revenue from Territory taxes is a result of a vibrant economy. If that is true then we are in for a triple whammy. First, if the GST falls, it is due to a cooling in consumption. Second, that means the Territory’s economy is cooling at the same time, and to support income, local taxes will need to be raised. Third, cooling means less investment and fewer taxpayers in the Northern Territory because the jobless will move out of the Territory.

                    The government’s priming of the economy during the good times is going to see an amplification of the coming tidal times and they will come, Mr Acting Deputy Speaker. Economies, we all know - even someone who has Year 12 economics knows - go in cycles. The next trough, when it happens, will be compounded by this government’s reckless expenditure. The agencies of government blew their budgets by $100m last year. That is a fact. Now we have a Treasurer who wants to rein things in this year, early in the electoral cycle, so that is smart. We know that they are challenged by a shrinking GST, not to mention the future efforts of New South Wales and Victoria which will try pretty hard to change the formula.

                    Mr Acting Deputy Speaker, I move this motion. My colleague, the member for Blain, will also be talking in relation to it. We thought it was an important motion to raise. Many people at this time of year are on wind down. I can assure Territorians and this Assembly that we are not. We will continue to raise issues as and when they need to be raised, and there is no doubt that this issue needs to be raised. This issue is being talked about; this is almost a barbecue stopper. It saddens me to know that there will be quite a few public servants talking about this at their Christmas barbecues. On that note, I move the motion. I commend it to the House and look forward to hearing what the Treasurer has to say in response.

                    Mr STIRLING (Treasurer): Mr Acting Deputy Speaker, I did enjoy the contribution by the Leader of the Opposition. It was all a bit rambling and up hill and down dale. Every now and then you got the right lilt, and I actually heard and understood some of what she was saying. There were a couple of issues that I did agree with, in fact. Her reference to John Brumby was one. He must be local member for around Bendigo area; he certainly was a federal member for around that area. His concerns of late, probably in the last 18 months or so, have been around those very important principles of horizontal fiscal equalisation which is the methodology by which the Grants Commission distributes the wealth of the country arising through GST to all of the jurisdictions. It is a principle that serves the Northern Territory very well. It recognises a whole range of disadvantages and disability factors that come into play for us in the delivery of, for example, health and education in remote communities, compared to a place in a school at Parramatta or Burwood or whichever inner or even outer suburb that you would like to nominate.

                    It is traditionally New South Wales which rails the hardest against these sacred principles of horizontal fiscal equalisation, because they see themselves as the most damaged in the sense that they lose more of the GST derived from within their state than any other jurisdiction. Victoria would be next. They are the two biggest and most populous states which raise the most GST and they see portions of that GST raised within their borders disappear to support the Northern Territory, South Australia, Tasmania, Queensland and, often, Western Australia. It is a bit of a hard question for Western Australia. On occasion, they have joined with Victoria and New South Wales when they are doing very well and see themselves as being penalised but, most often, they are a small state.

                    The Commonwealth is able to sit on the top of this squabble, if you like, between state leaders and state Treasurers from time to time, in the knowledge that they will never act - no federal minister or federal Treasurer would ever act - to alter those principles without the consent of all of the jurisdictions. Whilst there will always be more smaller states and territories than there are larger ones, it would seem that the principles will remain in place.

                    I was wondering if Mr Brumby does pop in and around Bendigo, if he was ever to pop into the Leader of the Opposition’s mum’s place that she might take up the cause for us as well and raise these concerns that the Northern Territory has. Following the departure of Mr Egan, the former New South Wales Treasurer who was the one most fond of tackling this question at Treasurers’ Conferences and around the traps, that role seems to be taken up by Mr Egan most enthusiastically. At one point, two Treasurer’s Conferences ago, he said they were losing ever and ever more money. Of course, the amount of money being redistributed continues to climb as a normal result of CPI, of inflation. However, in the same document he was referring to, there was a graph showing that the percentage of wealth being distributed out of the larger states into the smaller states is, in fact, reducing. I like to think I caught him out there - he and Mr Egan at the time – but, of course, they would never acknowledge that.

                    Prior to my first Ministerial Council - and I cannot recall which one it was - I had a phone call that surprised me greatly, but one I appreciated. It was from the former Chief Minister, Marshall Perron, who had read that I was off to a Ministerial Council for the Territory. I think it was in the latter part of 2001. He said: ‘You just be careful down there because they will come at you on this question of distribution of wealth away from their borders to support you. You tell them what I used to tell them and tell my ministers to tell them: the principles of horizontal fiscal equalisation are the glue that binds the federation together. It is a fact that Western Australia would not have joined the federation in the first place if they thought that the larger, more heavily populated states of Victoria and New South Wales would be allowed to dominate the federation in terms of all the goodies and the distribution from the Commonwealth’.

                    Those principles were established very early in the history of federation, and they have served Australia well. Compare us with a place such as the United States where there are very wealthy states and very poor states because there is no federal redistribution of the national wealth from the top down from the federal government. It is very much a states’ rights place, and poor states have always been poor states and always will be, unless they find something upon which they can strike it rich.

                    I much prefer, of course - and being a Territorian, I would think all Territorians would prefer - this more equitable distribution of the national pie under the principles of horizontal fiscal equalisation as applied by the Commonwealth Grants Commission. It is an important principle, one the CLP fought like hell for in its 27 years in government, and which we will continue to fight over and get our backs up about every time it is raised.

                    The Leader of the Opposition talked about the government being less than honest in relation to comments and statements made about the economy in the budget prior to the election and those that have been made since. There has been no inconsistency. In fact, at the time of the budget, I said this financial year and the forward years would be tight in view of the declining growth in GST. The Opposition Leader was not here after a contribution yesterday where I went into great detail of the pre-election fiscal outlook. The member for Blain was shocked when he saw this, as if he has never seen it or heard of it before. Actually, I went out with a bit of fanfare in the election campaign because this was the document required to be produced by the Northern Territory government under the Fiscal Integrity and Transparency Act, which we passed to stop a future government being less than honest about the state of the budget, as a former government of the Northern Territory was, and was caught out in 2000-01 and, again, in 2001-02.

                    We thought we would never let ourselves be caught out in the same way, so we passed legislation to ensure we or any future government cannot be caught out in such a way. The Fiscal Integrity and Transparency Act requires the government of the day, within 10 days when writs are issued for a forthcoming election, that they must produce this pre-election fiscal outlook report. Notwithstanding we introduced the budget on or about 18 May, some time in June, some 10 days after the writs were issued for the 18 June election, this little doozey came out. On page 1, it deals with the updated financial projections. It was really quite close on the back of the budget, so anything had moved around from the 18 May budget until, in fact, the date that this was produced. If the Leader of the Opposition or, indeed, the member for Blain, had had a look at this – I cannot believe the member for Blain had not seen it before because it was quite significant – on page 1 it talked about, at that stage, a $46m surplus for 2004-5 which, subsequently, became a $51m surplus; a projected $68m deficit in 2005-06; a projected $53m deficit in 2006-07; a projected $21m deficit in 2007-08; leading to a balanced outcome in 2008-09. There are the operating results and the forward estimates, the fiscal balance and the forward estimates; all locked up in this little document we refer to as the PEFOR. All the transparency is there - nothing untoward in the state of the economy or the budget prior to the election or after. We maintain to this day that the Northern Territory budget and the forward years will be tight.

                    The other comment by the Leader of the Opposition was: ‘Is Treasury getting nervous?’ Treasury is always nervous. They are nervous by their nature and that is why they are so good at what they do. However, they are a lot less nervous with us being here in government, than they might be with the Leader of the Opposition who says: ‘Let us do away with payroll tax’. There is a doozey! ‘Let us do away with payroll tax’. We are not sure what that would cost us - probably a $90m, $100m hit to the bottom line to own source revenue. We are we going to get that from? I am sure Treasury would already be well past getting a bit nervous. They would be terrified if the Leader of the Opposition was to find herself in government with that little commitment behind her, because there would be hell to pay in terms of where the $100m was either going to be (1) wound back, or (2) found by way of further taxation.

                    When we came to government in 2001, the people who owned homes throughout the Northern Territory had not seen the value on their house rise in years. Today, we see house prices on a steady increase, giving a significant capital return to home owners. People were leaving. We copped this for the first two years of government: people were leaving. They started leaving well before August 2001 because there were not any jobs. There was not a crane in town - they had all gone interstate - and there was not a construction industry to be seen. The ‘for sale’ signs were up all over town at that time. Those people who owned units floundered at that time. Vacancy rates were around 12% ...

                    Members interjecting.

                    Mr STIRLING: You blokes have short memories, indeed. The construction industry could be found down the mall here or out at Casuarina having their coffee, because Kon Vatskalis used to go and have coffee with them, waiting for the economy to turn. Now, those vacancy rates that were 12% when we were elected are at historic lows of around 1%.

                    When the CLP left office, they left an economy where the construction industry lay absolutely idle. As I said, there are cranes now out there across the skyline. It is very hard to get a subcontractor. In fact, in Gove at the moment – I hope it is not the same for Darwin - you cannot get an electrician for warranty jobs on whitegoods because they are too busy on much bigger projects. That is a difficulty for our town. As I say, I hope it is not a difficulty for other towns in the Northern Territory, but that is how busy Nhulunbuy is.

                    The CLP left office with a capital works program so poorly cashed that they could not pay for their previous year’s revote; that is, the work they did not get out the door in the program for the year before. They did not have enough cash to pay for that in the forthcoming year, let alone anything new on the program. It did not stop them announcing all things great and small by way of capital works, but there was not a cent available to pay for them. For the last four years, by contrast, this government has delivered the highest infrastructure budgets on record and cashing to 65% up-front of the announced capital works program, where it was lucky to see 50% under the CLP. When the CLP left office, the cash deficit was somewhere between $126m and $139m for the 2001-02 financial year.

                    The 2004-05 budget returned a surplus of $51m. The ratio of debt to revenue - a common measure across states - is lower than it has been for many years. We inherited it at around 134%. We have had it down as low as 118%. It is sitting now at 119%. The Opposition Leader comes into the House on that background to lecture us on economic policy. However, we know what drives this motion by the Leader of the Opposition; it is an element of desperation. She goes missing in between sittings, she is never heard of. We get the occasional spray from the member for Blain, and even less frequently from other members. We hear very little of the Leader of the Opposition so, when she gets into parliament, she tries to make a splash. She knows she has to comment on the economy, it is part of her job as Leader of the Opposition. However, she knows little about it, so she makes it up. She knows she has to talk about economic issues, development issues, growth issues, but she does not know quite what it is all about so she just gets in there and goes for it.

                    It is not clever, it is not clever politics, and it does not reflect well on the opposition, trying to talk down the economy or budget when people really know that things are quite different. It is not difficult, I suppose, to take that stance if you simply ignore all of the facts before you. It is not inaccurate though; it is not going to get her anywhere. I reckon – as much as it annoys me - she is much better and much stronger when she goes back into the mould of behaving like the lawyer, and thinking and pretending that she is back in a court of law where she is in her comfort zone and operates quite effectively. She should leave the running of the budget and the economy to others better suited to the task.

                    GST revenue is not declining, as outlined in the motion, if you want to pick up on some inaccuracies. I will refer to the motion that the Assembly:

                      … notes the threats presented to the Territory economy by the declining GST revenues ...

                    It is not declining at all. Its growth rate is declining, but not the extent of GST revenues itself - and there is an important difference. That fundamental aspect of the Leader of the Opposition’s motion today is simply wrong. GST growth has been very significant in its formative years; there is no question about that. Now it is growing at a slower rate. The task of government is to reset its rate of growth of expenditure to match that more modest rate of growth in GST revenues, because to remain linked to the former rate of growth in the GST would lead one over the edge of the cliff such as the CLP were happy to disappear over in successive financial years. We have to accommodate expenditure changes to match the changing rate of growth in GST. It is a management exercise. We always knew this was going to occur; it is one that this government is up to.

                    Prior to the election, we rolled out a fiscal strategy that will see small deficits over the next three years and that, in part, accommodates the development of a $1.1bn waterfront, with the budget returning to balance in 2008-09. It is a challenging strategy, but one that we will accomplish. To achieve this, we will ensure that agencies operate within their budgets each year. To assist that process the government is, at the moment, reviewing what it is that we do - it constitutes the priorities review, which is about spending in priority areas of government activity.

                    Since we came to office in 2001, we have been pretty careful managers of where we spent that money. We have really focused on three key areas. We invested in infrastructure. We did so, both as a very necessary economic booster to recover what elements of the construction industry still existed in the Northern Territory, and to bring back those other elements that we needed - so it was an economic booster - but also because of the need to improve and further develop the Territory’s infrastructure.

                    Secondly, we invested in strategic projects designed to vector private investment. For example, the loop road projects are designed to encourage tourists and private hotel development. The waterfront project, of course, will provide a tremendous boost to conventions, tourism and inner city retail, not to mention transforming the face of Darwin for all time.

                    Thirdly, we invested in those absolute key social delivery areas of health, employment, education, training and the police. We had to do that as well because, under 27 years of CLP administration, these three areas were critically - absolutely critically - underfunded. Police numbers were too low for the tasks they faced. There was one point there where police were not allowed to take leave. They had so much leave on their books that the former government offered to buy that leave out. Then, when they saw the bill they faced in buying out all the unused leave of the police force, they backed off that and said: ‘Oh well, perhaps we will let people go in short lots of leave’. Of course, right across the Territory, police stations were unmanned as they tried to release police to go on leave because they just simply could not afford the bill to buy all that unused leave back.

                    Health facilities and funding was absolutely chronically short, and our schools were starved of funds. We have invested heavily in skilling and training Territorians, have increased the number of people in training by 40%, the number of people starting training each year by around 50% and, for the first time ever - and I am most proud of this fact - young indigenous Territorians are achieving their NTCE in their own communities. I just hope and trust - I believe they will - that those numbers will continue to grow, not from a small base from a non-existent base - an absolute non-existent base – zero - prior to 2003. This year, I expect in the 20s. We are the first government to roll out secondary education to the bush, so it is a bit rich for the Leader of the Opposition to accuse this government, or me as Treasurer, of having failed the economy. It is the first time ever young Territorians across the whole of the Territory are given a real chance of getting a job.

                    Election promises: throughout the course of the June election this government issued clear, concise and costed election policies. Not only did we state exactly what we were going to do, we said when we would introduce it and what the cost would be. We placed into the forward estimates every one of those promises, and we are currently placing into forward works the capital works program we outlined. Those promises will be monitored and progress reported to Cabinet on a regular basis. Each and every one of those promises will be implemented as they were in our first term of office.

                    If we contrast the Country Liberal Party again during this time of the June election, they did not release any costings of any individual policy during the course of the election. Eventually, they were forced by public opinion into sending their costing parameters to Treasury. They were forced by the media into releasing those parameters. What did those parameters show when they did see the public light of day? A $200m hole! Hello, back to the future with the CLP. There was a little note saying something like ‘this will be made up by savings’. In other words, this $200m difference will be made up by cutting jobs, raising taxes and generally slaughtering the economy. It would have to have been one of the most irresponsible election campaigns run by an opposition ever, and the result was clear from that time. It did not fool the public for a minute.

                    The final point made by the Opposition Leader on taxes and jobs: we have an outstanding record and a proud record of reducing taxes. We doubled the tax-free threshold on payroll tax; we dropped the rate from 6.5% to 6.2%; and we have excluded 215 Territory operating companies from the payroll tax net. We have provided the lowest taxing environment for business with fewer than 100 staff for the whole of Australia. It is the most competitive taxing environment for small business in this country. We increased the tax-free threshold for first home owners from $80 000 when we came to government to $220 000 today. A first home owner purchasing a house pays absolutely no stamp duty up to $220 000. They only pay on the balance over the $220 000 - something to be proud of again. We introduced a rebate on stamp duty of $1500 for people buying their own home; we have just increased that to $2500. Over the course of this term of government, we are committed to further payroll tax deductions.

                    We have presided over jobs growth in the Territory. I can recall in my time in this parliament two separate episodes under the Country Liberal Party, the Razor Gang or the Estimates Review Committee process following the 1990 election when, obviously, spending had gotten out of control and needed to be slashed right back; and the Planning for Growth in the last term of the CLP government. That was an absolute doozey where the then Treasurer set out willingly upon a task to save $15m of hard-earned taxpayers’ money, and finished up damaging departments and agencies. That was one thing, but the little exercise cost the Territory taxpayer $45m extra than it had been paying - a sum of $60m difference between the objective and the outcome on that exercise. I can give the Territorians this assurance: we will not be going into an ERC, and we certainly will not be going anywhere near a Planning for Growth exercise based on the experience of the CLP. Nor will we be forcing redundancies or slashing jobs across the public sector.

                    The Opposition Leader speaks out of both sides of her mouth. I do not think she should be surprised that no one believes it when it does not add up. Last week, the opposition called for the abolition of the payroll tax – a $90m to $100m hole that that would create – and this week, they claim that this government has blown the budget so we are going to raise taxes. Once again, on the back of a $50m surplus out of 2004-05, it would be a brave government indeed that raised taxes. It would be an inconsistent government when all of our effort has been put into reducing taxes across the business world. It is pretty hard to see the logic in there.

                    It is a fact: the Opposition Leader does go very quiet in between sittings so when she gets back to sittings, she says: ‘Here is my forum’ and we see this measure of desperation to get some sort of economic strategy when, really, there is no economic strategy and no credibility on that side at all. Mr Deputy Speaker, the government rejects outright the terms of this motion.

                    Mr MILLS (Blain): Mr Deputy Speaker, it is interesting to note that it has been a General Business Day and that there are four opposition members and two Independent members who are running a program that exceeds the work of government on a government business day. There has also been very little contribution from government members to important matters.

                    Mr Stirling: I have been on my feet all day!

                    Mr MILLS: You have!

                    Mr Stirling: What are you talking about? That is the Treasurer’s job.

                    Mr MILLS: All day! Anyway, the terms of this motion are very serious. I draw members’ attention to the ebb and flow of revenue streams into and out of the Territory, into and out of the budget. The Treasurer holds up this magic document called the PEFOR, or something like that and says: ‘This is the gospel; this is the cornerstone upon which all our futures rest’ - and so rests his case. Just for the sake of members and while the Treasurer is out of the room, the rest of you who are ...

                    Mr DEPUTY SPEAKER: Member for Blain, you know you cannot refer to the presence or absence of a member.

                    Mr MILLS: Oh, that is right. Well done! I will not acknowledge that he is not here.

                    Members interjecting.

                    Mr DEPUTY SPEAKER: Member for Blain, withdraw it.

                    Mr MILLS: I withdraw that. All right. The PEFOR, or whatever it was referred to by the Treasurer, is an interesting document. There is another document that members may not have access to, though the Treasurer does. It is the Statement of Estimated Payments to the States and Territories provided to the Ministerial Council for Commonwealth-State Financial Relations.

                    At the end of my comments, I will seek leave to table this and, in doing so, it will be available to all members so that you can ascertain the veracity of the claims made by the Treasurer and balance up the PEFOR, or whatever that white document is that the Treasurer has waved around, with the statement that he has been provided with by the federal Treasurer.

                    This is a statement provided to all states and territories with an account of the GST revenue to each. You will find it illuminating because a message has been consistent - and those characters over there are having a very good time with their e-mails to and fro’ and taking this very seriously!

                    We are talking about the economy and the capacity to manage the Territory economy through the budget framed by the Treasurer. The issue is not whether you can manage in times of plenty, but whether you can manage in lean times. Anyone who has been around for some time, has had to take risk, and has worked in the private enterprise, knows that there is an ebb and flow. Most members opposite - or many of you I would presume - have spent most of your working life in the public sector, so maybe you have not been exposed to the life forces that affect most people who have to make responsible decisions about their future. Times can be lean. What do you do in times of leanness? You then draw upon the preparations that had been made in times of plenty.

                    In the farming game, there are times when there is rain, if we use that analogy. However, it is as the Treasurer was talking about all the building activity that is going on in the Northern Territory, and claiming personal credit for that. It is a bit like a farmer standing there and looking at the rain coming down and saying: ‘Look what I have done. The rain is coming down upon the land and this is just fantastic. I have really organised this beautifully’. Well, there are certain forces that occur that wash across this nation and are international in their impetus, and they have now come to the Northern Territory. Most likely, they have originated from China with some influence from India. It has affected New South Wales and Victoria and then come to Western Australia and the Northern Territory. The tide has dropped back in those two most popular states and it is still moving ahead in the Territory and Western Australia. Why is that, honourable members? It is because of a commodity boom which is sitting underneath this. Because there are two resource rich states – I named three, but two primarily, Western Australia and the Northern Territory - and that is why things are still moving ahead in the Northern Territory, even though the property market has slackened off in New South Wales and Victoria. They are facts that the Treasurer claims personal credit for, which is a courageous and very proud boast, indeed. I do not support him in that boast.

                    For the assistance of members, some whom are new to the Chamber and may not have a full grasp of these things, having this document tabled will assist you. I mean that quite sincerely; it will assist you. There is another story here. In the marketplace, it is the right and responsibility of the one who has created the product to try to sell it, and point to all its positive attributes and say: ‘This is a fantastic little creation’. It is the opponent, the one who is trying to sell another product, who may be able to draw attention to the deficiencies. That is our role. However, the Treasurer is going to talk to all the positive attributes of his creation, his budget. There are other stories and, if you are really serious about your job, you will look at other bits of information. I have given the overlay of the economic trends that have washed through the Territory, the country and internationally. They have had an effect on the Territory. The Treasurer cannot claim credit for them. However, his responsibility is to manage these things and to put something aside for when times becomes lean.

                    That is what is being addressed here; the capacity to prepare for lean times. I question whether that is occurring. We see the evidence. Not the magic, little, white book that has been waived around, but by the evidence we see around us and by the decisions that the Treasurer has been forced to make and have been the subject of much debate in this Chamber in the last two days. It is of great concern in the wider community. There is physical evidence of some negative concerns weighing upon the Treasurer, therefore, weighing upon the preparation for what are predicted to be lean times. When these lean times come, I am sure the Treasurer will not claim personal responsibility for those, but will blame others - perhaps even dig back and say it was the CLP’s fault or something like that. It is the ebb and flow, just as the tide comes in and goes out; just as there are times when there are good harvests and there times when there is a lean harvest; plenty of rain and not so much rain; commodity prices up, commodity prices down. Your ability to manage this ebb and flow is in question.

                    This is the fact. As the Chief Minister has boasted about the growth budget and the growth spending - which is a euphemism for spending beyond your limit and really enjoying the times of plenty – it reminds me of the time when we had high commodity prices and one good season where the two factors coincided. We had good crops and, for once in my childhood memory, the commodity prices were up - a bumper harvest and commodity prices up. Dad was like a pig in clover and he wanted to splash some of his money around. It was a wonderful time. There were so many hard times on the farm when it was a bumper season and the commodity prices were through the floor, or commodity prices were through the roof and there was no rain. Then, there was one time when those factors came together and it was an absolutely magic time – an absolutely wonderful time. It brings back beautiful memories. I can remember dad wanting to give us something. I was studying at the time and dad bought us a VHS video player. That was the first time we had had one. It was just fantastic. Dad just said: ‘I want to buy you something’, and he bought me that because those two factors coincided.

                    However, dad being a farmer for many years, and a son of a farmer - and I am the son of a farmer - also knew that you cannot just splash all that largesse around because we had a memory of the lean times. You have to put it aside and retire some debt. You have to prepare. You have to fill your silos and prepare for the harder time, because it is coming. Anyone who is in real estate knows that that is going to happen. Whacko! Everyone wants to become a real estate agent now, but where are they when times are hard? It is only those who are there when times are hard who are prepared in the times of plenty - just as the Treasurer should. That is what the issue is here. Yes, it is a budget that you have framed, but you are responsible for it.

                    This document, which was provided to all Treasurers across the country, tells members that, from the time the GST was implemented, it began to flow into the Territory and to all the states, divided up according to horizontal fiscal equalisation, a formula that was established, recognising very sensibly that the Territory has particular responsibilities and needs. It is divided in a way that recognises that need that we all have to support kids like those who have been supported at Irrkerlantye and remote enterprises, and how difficult it is to develop the Northern Territory and service all the good people who live here. They have divided it up, bearing in mind that the argument of, say, Premier Bracks, when he argues for remote Victoria, he is talking about Echuca, and we are talking about remote Territory, in places like Yuendumu and Milingimbi. They do not match the needs of Echuca. Therefore, it is quite right that the Leader of the Opposition encourages the Treasurer to remain strong as the Premiers Bracks and Iemma will be playing to the galleries, as is the temptation that politicians fall to, to try to get a fair deal for New South Wales and Victoria. It will be at the expense of kids and families living in remote conditions in the Territory and, sadly, like the kids we have at Irrkerlantye.

                    Upon the commencement of the GST, the agreement was there would be a guaranteed minimum amount. That was agreed upon. There was a growth factor built into that, but there was a guaranteed minimum amount; you would not get less than this amount. On that basis, they all agreed, and all forward projections were calibrated on that premise. There would be a guaranteed amount, and so budgets were set on that. It was possible there could be more but, being wise planners, we would not put that into our budgets. We could get more but, let us be sensible, calm and plan properly. Therefore, on the basis of a guaranteed minimum amount, the calibrations were made and forward estimates were set.

                    Then, there was a change of government. The Labor Party was elected in the Northern Territory. All this was established when they come in. More came in than they expected. Whacko! They tried to cover it up – ‘It is not a windfall. No, it is tied’. I remember the member for Karama saying: ‘It is tied. Don’t you understand these things?’ Well, it is not tied, it is extra money that flows in, and it is your responsibility to divvy it up in ways which you determine. Whether you quickly write cheques to all the kids and pass it around and say: ‘This is fantastic! Does anyone else want some more?’ You just pass around it around, and you have to respond to that.

                    There was actually more that came in than they expected in the first year and they spent all that year covering up that amount. If you go through the Parliamentary Record, they covered it up, and denied its existence. In their misunderstanding of how it was working they were saying all sorts of strange things; however, the primary objective was to cover up. At the same time, they spent most of their energies creating this idea of a ‘black hole’.

                    That argument disappeared after a short time as they could not conceal the windfall, the rivers of cash which were flowing into the Territory. That dialogue changed in the first year but they had very cleverly – ‘Gee, I have a great return on that $8m I spent on those spin doctors’. However, you learnt your lines beautifully; created the impression magnificently. Everyone believed ‘black hole, black hole, black hole’, which was not true but, nonetheless, it became fact by perception and assertion. Then that disappeared as they had established that part of the political plan. Then, they could not talk about it any more as they could not conceal the money which was floating around the place and the information coming from the federal Treasurer saying: ‘You guys have a fair amount more money than you expected’.

                    It continued. Every year, there was more than expected until we arrived in 2005, according to these documents, which will be presented for everyone to have a look at as we have to be informed as members and responsible for our decision-making. There has actually been a 49.1% increase upon the projections. That is equivalent to $601.3m extra, over and above more than you expected - $600m-plus more than you expected. That is the issue. Have you managed in times of plenty? You certainly have, as the Chief Minister said: ‘Yes, we have had growth budgets, we have had growth spending, we have enlarged our capacity to deliver services’. That is fantastic and good. However, the question is: this is a trend line, will that continue? Will the growth continue? No, it will not, as the economy has already cooled down in Victoria and New South Wales which means there is going to be less of a harvest, less to share around. This means the Territory, with a small population and a fragile economy, is going to be harshly hit by a reduction in GST revenue. We are so dependent upon the GST, and all evidence points to this government having enjoyed the time of plenty but have not had the adequate preparation to prepare for the times of leanness.

                    That is the issue; that is the charge. Please convince us otherwise. Judgment will come. When the tide turns the other way everyone is going to be running for cover. I am sure, just as the Treasurer has claimed personal credit for the property and commodity boom nationally and internationally, he will not be claiming any personal credit for it when the tide goes the other way. It will be someone else: ‘All I know is someone is responsible and it ain’t me. I have done all I can’. It will probably be the federal Treasurer – that is it. Of course it will be; I should have worked that one out.

                    That is the point here and that is why we raised this motion, so that members are advised that the issue at heart here is that there will be a reduction of income. It is the responsibility of the Treasurer to be accountable to that changing scenario and prepare accordingly so the Territory community is well served by the plans which are laid in place by the Treasurer who is managing the economy and the outgoings of the Northern Territory. That is the issue and that is why I ask members to support this motion. We want to make sure we serve our children and our children’s children well, and that we recognise there are going to be difficult times. That is the time when the test of the ability to manage an economy is shown - not in times of plenty, but in times of leanness. That is when the telling is done. We will know whether the Treasurer has done a good job or not, and whether you can really pat yourselves on the back. Weather the storm and come out the other side, then we will know what you are made of.

                    When things are going well and your sails are full of wind and you are cruising along on a calm ocean, that is not the time to skite about being a good sailor. It is going around Cape Horn when times are really tough and getting out the other side when you know if you have what it takes. That is what our concern is.

                    Mr Deputy Speaker, I seek leave to table this statement of estimated payments to the states and territories which I referred to earlier.

                    Leave granted.

                    Mr MILLS: I urge members to reflect on their responsibility as representatives of the community first, and as being members of a political party second. Their primary and fundamental responsible is to their electorates and I urge their support of this motion.

                    Ms CARNEY (Opposition Leader): Mr Deputy Speaker, I will be brief. I note with interest that no one from government proposes to speak to oppose this motion. I was also interested in - and quite right too - the comments made by my colleague, the member for Blain and shadow Treasurer, that there is more work being done today, collectively by a group of six, than there has been for some time since the election, I might add, on sitting days run by the government.

                    However, there are a couple of points. I was interested in the way the Treasurer, in essence, suggested that I should stick to the law and not do numbers. I know that the Treasurer is not a sexist man. I know that is the case. I do not know why he suggested that I do not deal with numbers. I believe the imputation was that I do not understand them. I can assure the Treasurer that I do. It creates some tension on the other side when they know the opposition is doing a good job; that we are doing our job in the sense of bringing government to account which is the most serious business of the opposition.

                    The Treasurer gave the game away. He said, in essence, we do not understand this. That is the spin that government will run. Fair enough. Quite frankly, there is not much else they can go on. Attack the man, as it were, or attack the woman; insult our intelligence, say that we do not understand - give it your best shot. Use your spin. Use your $8m worth of spin and govern by stealth. You can do whatever you like, but we will continue to bring these matters into the parliament. We know that Territorians are concerned about them. The documents and figures speak for themselves. Let us summarise.

                    Issues of a budgetary or economic nature are not easy. Most of us in the Chamber would say that reading the budget papers do not come easily to us; they are hardly bedside reading and requires all of us to roll up our sleeves and get stuck into it. Once you start to understand it, it becomes reasonably easy, although it is a daunting task to pick up a pile of budget papers.

                    What we do know is that on present indications, nett debt will rise to unprecedented levels. What we do know is that there is a Razor Gang and the government will say ‘no jobs have been lost’, but positions will be lost. The conversations are happening in the coffee and tea rooms in government offices already suggesting telling us - they should be telling government and no doubt they are, but this is an arrogant government that stopped listening a long time ago - the government should at least be hearing the expressions of concern, supported, I might add, by the CPSU, which was getting calls from their members to the effect that they were concerned for their jobs. That is what Territorians understand. This stuff may well be complicated, but we will break it down to terms that Territorians understand.

                    There is something else that Territorians understand; that is, given that there is such an enormous public service population in the Territory, they know their budgets have blown. They know that. Members of government cannot possibly stand here and argue. It is the equivalent of saying the sky is green when it is actually blue. Public servants know their budgets are blown and there is something else they know - that Treasury is trying to rein them in. Not only will that affect some of their jobs, but it will also affect some of the outcomes that so many of them are trying very hard to achieve. In fact, all public servants try very hard to do their very best with their resources. It would be great if money would grow on trees, but that is just not the case.

                    What this government is saying is: ‘We gave you a lot and now we are going to take it away’. That is what the Territory public service understands; that government departments across the board have blown their appropriations by nearly $100m last year. Departments overspent their whole budgets by about $135m last year. They know that the Auditor-General has qualified the Treasurers’ Annual Financial Statement saying it does not present fairly - his words not mine. They also know that this government is planning to sell TIO. They also know that a number of projects – and I listed them earlier – are on hold. Some of them - not all of them - have even picked up details such as the difference of $6m between what the minister for Justice says his lot spent, compared to what the Treasurer says the Department of Justice spent. They know these things.

                    Therefore, that is the language that we will use. We will use language that people understand. People will get sick and tired of them attacking us, individually, and saying that we do not understand, because Territorians do not like that sort of thing. In fact, Australians do not like that sort of thing. Attack us personally at your peril, I say to the Treasurer and members of his team. We will continue to raise these matters. If things change and improve, then we will stop raising them. However, all of the indications are that things are grim and that the GST revenue will fall.

                    I ask the Treasurer not to imply that we are unintelligent. We are a small team, but we are bright enough. I would rather frankly, in a personal sense, be part of a small, intelligent team than part of a bigger team that is hamstrung, not only by congenital stupidity but by arrogance that is truly extraordinary.

                    Mr Deputy Speaker, I ask that government members, once again, exercise their conscience. I am not hopeful that they will do so. However, I hope that they have listened to the debate and, even in their own minds, might go home tonight and think: ‘Well, maybe the opposition is on to something’. I invite them to look at the government’s figures. They will see that we are raising these concerns for legitimate reasons. I hope that, if they do not elect to exercise their conscience and vote in support of the motion that they, at the very least deep within themselves, they think perhaps something is up. I commend the motion. I would like to be in the position of thanking all the members of government who participated in it. However, noting the deafening silence of the team of 19 all bar one, it is impossible for me to thank them. That is the motion, Mr Deputy Speaker, and I commend it to members.

                    Motion negatived.
                    MOTION
                    Jabiru Town Development Authority Act – Amendment of Act

                    Mr WOOD (Nelson): Mr Deputy Speaker, I move - That the minister amend the Jabiru Town Development Authority Act removing the option of ministerial appointments as in section 25C(1)(b) and 25C(2)(b) of the act so that:
                      (a) the council members only be members elected by the people of Jabiru;

                      (b) the existing council then has its authority reinstated immediately to restore democracy
                      for the citizens of Jabiru; and

                      (c) the government is able to set up a process which removes the need for a Jabiru Town
                      Development Authority and replace it with a fully elected local government under the
                      Local Government Act which can be elected at the next due election date.

                    I believe this is an issue that needs some airing in parliament. Sometimes, local government issues are not always given a large priority in parliament. When they do get a priority, it is usually the council being looked at from the point of view of its operations, whether the government has put an administrator in as there has been some mismanagement, or it is a dysfunctional council and comes in for criticism from that aspect.

                    As local government is subservient to the Northern Territory government, it is important that we raise some of these issues in this House, especially about Jabiru. The reason I raise these issues tonight is because I believe the one important thing that we should try at all costs to maintain in local government is the democratic forum – a system where the people have elected representatives representing them in the decision-making of their community. I have said this in other forums where I have been concerned with the development of some of the councils, such as the Tiwi Local Government Council. I had some concerns as I felt that the change from the original councils on each individual community has meant that people are less part of the democratic process because they are now one step back from electing the people who represent them. I have always been a strong believer that people must be able to have that right to vote for people to represent them directly in their community.

                    I do not really want to go back into the reasons of why the Jabiru Town Council was put into mothballs. I have been approached by various councillors, I have heard the debates, and I am not sure that it will achieve anything going over old ground. I may make some comment on some areas that I believe are missing from the report. However, my reason for bringing this forward today is to ask the government to immediately re-establish elected local government at Jabiru. Jabiru has not had an elected body physically representing them. Technically, that body, called the Jabiru Town Council, has not been sacked; it has just been put into mothballs. That council lost all its authority when the Jabiru Town Development Authority used its power to take normal functions of councils away. That has happened since the end of 2004, and here we are, more than 12 months later and the people of Jabiru do not have an elected body representing them.

                    I understand there have been many issues, and that the government may have made a very good decision based on the problems that occurred at Jabiru. What I am putting forward tonight is that, if you look at the first of the motion, council members only be members elected by the people of Jabiru, and that the minister removes the option of ministerial appointments under sections 25C(1)(b) and 25C(2)(b) of the act. You would then have a council with an odd number of councillors who, therefore, would not get caught up in the issues of a 4:4 decision-making process, which caused problems when they had a 4:4 vote for the chairman, for instance, and they had to pull the name out a hat. Most councils would want to have an odd number of councillors. Also, many councils like Litchfield, Darwin and Palmerston, vote for their chairman separately. That possibly cannot be the case in Jabiru, but it is certainly something that should be looked at. At least, if you have an odd number of councillors, you will get a chairman selected and are very unlikely to get a tied vote.

                    Some may say that Ranger Uranium, the appointed member, needs to have a position on the council. Whilst that might have been fine many years ago, I do not believe that is good for the democratic process. You could say that Woolworths is a big employer in the Litchfield Shire - one shop at Humpty Doo and one at Coolalinga – therefore, they should have someone on the council. I would say go away. I believe councillors should be elected, and the idea of having an appointed member on a council is archaic and undemocratic. That is not to say there was not a reason at the beginning for it, but is something that we should look at removing.

                    I chaired a meeting at Jabiru some time ago. To put it into context they asked me simply because I had some experience in local government and they saw me as being independent. The only comment I made at that meeting was that I supported a democratic local government council being reinstated in Jabiru. The rest of the meeting the people who were there discussed the issue, and there was no doubt that those people at that meeting wanted their council reinstated immediately. I believe there has been a petition delivered to this House asking exactly the same thing. I am concerned that, whilst the reports are saying we will leave this present situation until May, which is another six months away, that is very convenient but is not good because you have taken away a democratic council to make life easy for yourself. You have said: ‘Let us keep it nice and snugly until the next election’. Hang on, though, this council has been elected. All you have done is put it into mothballs simply because you wanted to have a report. It is a three-page report. I do not how big the original report was. If this is the summary, then I will be interested to see the size of the report that it comes from, because there are quite a few questions that I know councillors have asked me that do not appear to be covered in this report. Be that as it may, you have prepared your report.

                    The minister, through section 4(4)(a) in the act, can give directions to the Jabiru Town Authority to do things. The minister also has the power to remove the right of any non-elected person from the council, and the council could be reinstated. If there are councillors who have since left Jabiru, section 25F of the act, the filling of casual vacancies of elected member, then automatically comes into play. It says:
                      (1) Where, within 18 months of the last general election, the office of an elected member becomes vacant or,
                      under section 25C(2)(a), the minister increases the number of elected members –
                        (a) the town clerk shall prepare a list in accordance with subsection (2); and

                        (b) the council shall consider the list referred to in subsection (2) and co-opt the person who,
                        according to the list, obtained the highest number of primary votes and who consents to
                        being co-opted onto the council.

                    I am not necessarily saying that I support that procedure, but that is built into the Jabiru Town Development Act to enable the council to keep going because, in a town like Jabiru, I imagine there is a reasonable flow of people in and out of that town. Therefore, there is the ability to make sure we have a council operating. I am fairly sure other people might know more, but you probably would not have exactly the same people that were on the last council on the new council. There is an ability of the government to immediately reinstall local government and to get rid of the problem with the 4:4 vote by removing the appointed person. This will allow the people to see they have an elected body. If you are going to have an election in May, it also allows those people who are on the council to be seen by the community so that, as they stand for election at the next election, people know whether they have done a decent job.

                    I cannot guarantee that will not stop personality clashes or whatever. However, is that the role of this government to step in because some people do not like it when they are not in the council? I ask how many other councils are around this place where everyone gets on extremely well or lovey-dovey? I do not believe that would happen in all councils.

                    Of course, if you applied the principle that was applied to Jabiru to Darwin City Council or Palmerston or Litchfield, there would be a great hue and cry. Jabiru is a small council and some people were sick of all the bickering, and it was accepted as if it was okay. However, there is an important principle: the government should make a priority to restore democratically elected councillors to be making decisions in Jabiru. After all, you are the boss; you support the Local Government Act. I imagine there have been many speeches here supporting the rights of those people for self-determination, and that is what local government should be about.

                    If you support those principles, you should not be leaving Jabiru Town Council in a mothball situation. You should be, as soon as you have an opportunity, allowing it to return to a normal council. As I said, I have given you a way to do it that would avoid some of the pitfalls. If you have an election in May, then I think there is talk of a process of education and asking people whether they want to become a normal council under the Local Government Act. I support that because that is what you should be doing. People out there may not support it. Regardless of what they do or do not support, I will not support a process whereby the Jabiru Town Council will have non-elected people on it. That will make it just like a board.

                    I do not know whether I have the initial summary paper with me. Bear with me, I have everything but the kitchen sink. Here, I have it! The initial summary paper I received from Jabiru reads:

                      Options to be considered for the future governance of Jabiru will include maintaining the current arrangement of the
                      council established under the Jabiru Town Development Act, increasing the size and representation of the authority
                      to include key stakeholders, and the possible establishment of Jabiru Town Council under the Local Government Act.

                    It would worry me if government were considering a council where key stakeholders were appointed. I do not accept that; you get away from the democratic process. People put their hand up, they go to election and, if they receive enough votes, they are on it. You do not get on it because you are the Ranger Uranium representative or the Tourist Bureau representative or whatever; you are elected. The way it is written here, if you are talking about a democratic election, you would not include the term ‘key stakeholders’. The ‘key stakeholders’, if you want to be accurate, are all the people who live within 10 km of the police station at Jabiru. They are the key stakeholders. Everyone should be able to put up their hand to be elected and then a vote is taken and you have a democratic process.

                    For the government to even consider it as an option is wrong. It may be that some people want it, but government has a duty to make sure democratic processes are maintained. I can tell you there would be a few people who live in local government areas who think it would be far cheaper to install a benevolent administrator who runs the whole show. It might be a very good administrative process and things might run a lot smoother; you might get the phone answered a lot quicker. Mussolini got the trains to run on time, but he did not get anyone to vote for him. Sometimes, you have to say: ‘I will have the trains running on time 98% of the time; I still have the right to vote’. Expediency is not what you are looking for; you are looking for democracy. You have to be a little careful that we do not start moving away from what local government is all about.

                    On the issue of the reports, the first report I received was the Report into the Investigation of the Conduct of the Jabiru Town Council. That was sent to me from Jabiru. I am unsure of its status, but that is what was sent to me. I would like to thank the minister for the briefing I had today. We were given this three-and-a-half page report, which is a summary into the investigations into Jabiru Town Council. Therefore, I have two reports, both of which say ‘summary’. I do not know whether the government knows the status of that one, but I know the status of this one as I was given it today.

                    This report gives the reasons why the government has made the decision it has and why it believes it made the right decision. I was concerned that, when you put a council into mothballs, it is just to put the council in there and not the CEO. Part of the issue of debate which revolved around the council’s relationship with the CEO, I felt was unfair. According to this report, there was an interim report which found that the administration and the CEO were acting appropriately and, consequently, it was recommended the administration should remain in place. I make no comment about the CEO; I do not know the CEO and do not intend to make a comment about whether he does a good job or not. However, he was at the centre of some of the areas of dispute. It concerns me that we have an interim report which we, of course, cannot see, telling us that he did a perfectly good job. It is very hard to dispute whether that is accurate. I do not know whether that interim report will be given to councillors or will be included in the main report. It is hard to challenge whether that is correct.

                    It always seemed odd to me that, where you have a clash between councils and the CEO – and this is an example of the clash which was spoken about from a councillor at Jabiru. This is the reason he said that three councillors walked out of a meeting. That was because of the failure of the Town Clerk to provide information to the council, and the failure and refusal of the Town Clerk to institute and provide a drop copy of all correspondence to council. Today, I heard a slightly different point of view about that; however, I have no report here in front of me which actually deals with that issue. I have to question whether that statement is confidential; this letter was printed in the paper. Surely, if that is one of the reason councillors walked out and why the council ended up with the problems it has, you would think there would be some reference to that – because I have heard this issue many times – in here. If people were saying things one about the other which could not be printed then, surely, that could be deleted as this boils down to the facts. Was there a failure of the Town Clerk to provide information to the council and did he fail and refuse, as the Town Clerk, to provide a drop copy of all correspondence?

                    It would be interesting to hear the other side of the story if there is one. However, the problem you have is that the government put the councillors in mothballs and did not put the CEO in mothballs. From an outside perspective, that looks uneven. I have concerns whether the report can be truly regarded as mutual. Of course, if we cannot see the full report - and I am not sure how many people will be allowed to look at it - it is very hard to make a judgment.

                    I can go on and say there are many issues which people were concerned about at Jabiru. I needed to raise at least a few of those issues as the report does not cover them and it should. On the other hand, you will notice my motion is not a negative motion. It is a motion I am putting forward as a practical way of going forward and bringing democracy back to Jabiru. Some people might laugh about it and say: ‘Who cares? Little town, so what?’ However, it is important that those people have a group of people who they know represent them in decisions about their town. They do not have that at the moment; they just have the administrator. That is not good enough, especially now the report is out.

                    As I said, it will be very easy for the government to say to me tonight: ‘Forget that, it is all too hard; just wait for the elections and that clears it up’. That is all nice and, if I was in your shoes, I might be tempted to do the same. However, if you really believe that people should be represented by a democratic group, then you will do your utmost to reinstate that group as soon as possible, and I say that should be right now. There is six months before the election. Surely the people have the right to have a council for at least the last six months.

                    In summary, what I am saying is, using certain sections of the Jabiru Town Development Act, you can drop off the appointed person as a councillor, because it is only appointed by the minister. That allows you to have an odd number of councillors in Jabiru. If any councillors are missing - and I believe some have left - you have a system which allows new councillors to be elected without having a by-election. You then achieve a democratic form of government in Jabiru without having an election. That allows those people to govern Jabiru until the next election, which allows people in the community to see how they perform.

                    It may be that people now realise that if they do not do their job, there is a chance that this will happen again. But give them a go. They were not sacked; they did not do anything illegal. They did not take money or use cars they were not supposed to. What we had was a personality clash. I do not think there is anything in the normal Local Government Act which says if you have some major personality problems, the government should step in. It is just that, in this case, the government has a different system of empowerment over this community through the Jabiru Town Development Act and they are able to do that.

                    Reinstate democratic government to Jabiru and then look at allowing Jabiru Town Council to have a normal council as in other municipalities. But do not allow the option of appointed people on to a council. I believe there is a great danger that that is ever given any credibility. Once you get into that area, you might as well have a town board which is just made up of representatives and people do not have a say as to whether they are the representatives they like or not.

                    I put this forward, not as a criticism of government as you see it there. I might criticise government for some of the things that have happened; I believe the report should have been fuller. I cannot see why some of the issues that are raised in that letter from that councillor should not have been included. I cannot see why we could not get a report where areas that they thought could be defamatory could not have been blacked out or removed, so we could have got the gist of someone X saying this. If it was defamatory, just block it, but then we could at least get a reasonable idea of some of those areas that have not been touched on in the summary.

                    It would be a great Christmas present for Jabiru. I know the member for Arafura wished everyone would get a cane toad cage for Christmas. It is probably too late for cane toad cages over there; they have gone through the place. However, you might give Jabiru a Christmas present with a duly elected government reinstated.

                    Mr Deputy Speaker, I put it forward as a positive motion tonight. Even if the government does not accept it, they might accept the principle of what I am trying to do, and say that they will at least consider it as an option as soon as possible. I would hope they would at release some positive feedback - not just for me, I do not live in Jabiru - to say to the people of Jabiru: ‘Yes, we do support a democratically-elected government and we will give you back your democratically-elected government ASAP’.

                    Ms SCRYMGOUR (Natural Resources, Environment and Heritage): Mr Deputy Speaker, in responding to this motion, at the outset I say to the member for Nelson that, as the local member, I am certainly aware of the many issues you have raised facing the community of Jabiru, and the residents. The relationships between several of those individuals involved in this whole thing has been deteriorating for some time, so it is not just a matter of clean cut and what you are thinking it is about; there are some dynamics and political issues in this whole saga that I do not think that you are aware of. I know when you went out and had that meeting with those 30 residents that night, the council meeting you were asked to chair, it does not necessarily reflect the views of that whole community. We have done quite extensive consultation with the Balanda residents of Jabiru but, just as importantly, the Binninj, the Aboriginal people, and the various groups who have lived in Kakadu for a long time; in particular the Mirrar, the traditional owners of Jabiru.

                    Back to the motion. It is not appropriate, as you are suggesting, for the minister to arbitrarily change the act without consultation with the residents of Jabiru. You say that the council has been in mothballs. That is not true; the council is still operating. Residents of that community are still getting their services. There has not been a disruption to that service. It is quite the opposite; there has been quite good service delivery to the community of Jabiru. Every time I have visited there, yes, there are one or two individuals - and people who are at the heart of some of these concerns do come up to me quite frequently and air their grievances with the delays, and there are other agendas that are involved here.

                    You are also seeking, with the motion that you put forward, the removal of the Jabiru Town Development Authority. Let us get some facts on this and the lack of knowledge of the history of the establishment of the authority and its role of building the town of Jabiru to cater for the Ranger mine. The political complexities surrounding Jabiru are compounded by a legal complexity arising from the following factors. One of them is the status of Jabiru as part of Kakadu National Park and, therefore, the application of prescriptive provisions of the Commonwealth Environmental Protection and Biodiversity Conservation Act. The second part of that is the concurrent operation of Territory law of general application. The third is the fact of native title claim by the Mirrar over Jabiru. The fourth is the fact of an Aboriginal land rights sunset claim over the land surrounding Jabiru. Therefore, removing the Jabiru Town Development Authority is not something to be taken lightly; it requires consultation. With all the issues with Jabiru Town Council, there will be some planned community consultation, and it requires careful consideration about the future of Jabiru.

                    It is certainly not an issue that has just come up since Labor came to government in 2001. Let us look back to 1984, under the then CLP Chief Minister, Paul Everingham. I will quote Mr Everingham, speaking in relation to the Jabiru Town Development Amendment Bill (Serial 23):
                      In August last year, I outlined to this Assembly the government’s proposal for devolving responsibility for local government
                      functions on a town council. I pointed out at that time that there were certain difficulties, mainly related to the tenure of the
                      land in the town, being held by the authority on lease from the Director of the Australian National Parks and Wildlife Service,
                      in addition to some commercial matters between the authority and mining companies which made it impractical for local
                      government to be devolved on Jabiru under the Local Government Act.

                    Again, on 7 June 1984, Mr Everingham stated:

                      However, in this case we are dealing with possibly the strangest situation ever facing any government wishing to devolve
                      local government on a community anywhere in Australia.

                    These references highlight the difficulties the Everingham and successive CLP governments faced in providing local government in Jabiru. At the time, the complexity of the situation made it impractical to incorporate back then. There have been some ways. These issues remain and will need to be carefully considered during consideration on the future government options for Jabiru. As part of working towards a normalisation process for Jabiru, we will need to look at having discussions with the residents about the future face of Jabiru. It is not as easy as saying restore the council and democracy; there are a number of issues. Reinstating the council is not going to help anyone, least of all those people who want to become council members.

                    Complexities such as the lack of understanding of the arrangements that underpin the town, its governance arrangements - and I know the member for Nelson has worked for a long time in local government. Surely, in all that time, he would have come to understand the layers of JTDA and Jabiru Town Council. As I said, the issues that surround Jabiru are not as easy as saying ‘restore the council and you will have democracy’.

                    I know from dialogue with the previous minister and member for Arnhem when he was the minister and the issue came to a head, and now the member for Barkly, the present Minister for Local Government, that both of these ministers are committed to working with the Jabiru community. One of the processes that we will be putting in place – and you have been given the document today – is that community engagement process. The goal is to provide them with a council that suits their needs because there needs to be wider discussion within that community rather than the usual suspects who will hold on to certain powers within that council. There are people who are keen, and I know there have been inquiries from the various Aboriginal groups about wanting to stand for elections and how they go about it.

                    The community engagement strategy will look at the electoral process and representation for the elections in May 2006. That is not a long way away. We are all already looking at December. That gives five months leading up to May 2006 to look at consulting and working with the community on some of the issues.

                    I am keen, as the local member, to talk to people and give them the facts. It was interesting when the former member for Macdonnell, on 24 August 2004, highlighted this issue to the then Minister for Local Government, John Ah Kit, with a forewarning of what was about to come. He said there was a meeting with Jabiru Town Council. I will read quickly what the former member for Macdonnell, John Elferink, said to the then minister:

                      I am aware that Jabiru council is currently under some stress. As I understand it, it seems to be divided into two camps.
                      I have spoken to some of the people involved in the council during the course of today, and I know that they are meeting
                      now. It is now 7.50 pm and the results of that meeting are not yet known to me.

                    It seems a bit premeditated in what then went down, and smells of political collusion between certain issues and events that happened at the Jabiru Town Council and the former member for Macdonnell.

                    You also raised, member for Nelson, that the CEO failed to give information to the council when requested and provide a drop copy of all correspondence about certain matters. This is what you have been told, I know that this is what ...

                    Mr Wood: I did not say that, I said what I was told ...

                    Ms SCRYMGOUR: Yes, I …

                    Mr Wood: … although she …

                    Mr DEPUTY SPEAKER: Member for Nelson!

                    Ms SCRYMGOUR: You have had your opportunity.

                    Mr WOOD: A point of order, Mr Deputy Speaker. I have been misquoted. I said this is what the council has said.

                    Mr DEPUTY SPEAKER: There is no point of order, member for Nelson.

                    Mr Wood: I will make sure it is in the Hansard.

                    Ms SCRYMGOUR: You stood there and said that you had been - whether it was a document given to you by a council member or whatever ...

                    Mr Wood: What a difference!

                    Mr DEPUTY SPEAKER: Member for Nelson!

                    Ms SCRYMGOUR: I am just standing up here to correct a number of things. You have had your say and said a number of things, and I am just responding to that …

                    Mr Wood: I am just fixing it up.

                    Mr DEPUTY SPEAKER: Member for Nelson, I place you on a warning if you do not stop interjecting.

                    Ms SCRYMGOUR: … therefore, the CEO, because of that failure to provide that information to the council for the request of certain information, should have been sent down. The report dealt with this issue very thoroughly. When all of this was happening with the talks, yes, I had a number of conversations with a number of those council members, including people who have walked out of that meeting.

                    In that meeting, the chairperson demanded information about staff salary and conditions. It was totally inappropriate to do that. If the council, at that time in relation to that specific issue, was worried or needed to seek information, it should have done so in writing. These are people who are involved in local government. If you want to move a procedural motion or you want that, the chairperson or other council members could do so in writing to the CEO. It should have been discussed in-camera with no observers present. We are talking about staff members’ salaries and contracts. Yes, the council does have the right to know and talk about that, but they need to do this in the proper way and through the proper processes, not just have this put down.

                    There was, amongst certain council members at that time, a lot of ignorance. I withdraw ignorance. There were council members who were ignoring basic meeting procedures and simple justice. Employees’ salaries and conditions should not be discussed at an open council meeting. Certainly, the CEO acted appropriately on the advice of LGANT. I know, member for Nelson, you keep saying that LGANT is the appropriate body in providing support and advocacy to its member councils, whether they be municipal councils or community government councils. The CEO did the right thing, rang up LGANT, spoke to LGANT’s own industrial adviser, who then advised the council and the CEO which way to go.

                    As I said, Mr Deputy Speaker, the former member for Macdonnell, when I went back and had a look at that, did raise a number of these matters. Having talked to those members within hours of all of this stuff coming to a head at Jabiru, suggests that there was collusion, and that the CLP and others on that side were wanting to run an overtly political agenda ...

                    Members interjecting.

                    Dr LIM: A point of order, Mr Deputy Speaker! The minister well knows that she cannot attribute such motives to any member of this House. It is Standing Order 62. I seek that she withdraws that.

                    Mr DEPUTY SPEAKER: Could you repeat that comment please, minister? I was not aware of the comment.

                    Dr LIM: She does not have to repeat the comment. Ask her to withdraw!

                    Mr DEPUTY SPEAKER: No, I am not going to order her to withdraw if I do not understand what the comment was.

                    Ms SCRYMGOUR: I said that the former member for Macdonnell in the CLP - when you put one on one together and look at when the former member for Macdonnell had come into this House during adjournment debate and spoke about this, at the same time that he was doing it, there was this issue happening at Jabiru. Apart from a number of members on this side, he knew a lot of the issues, and this has caused a lot of anguish within that community where people have been threatened. People have felt that they have had to leave town because of those threats …

                    Dr LIM: A point of order, Mr Deputy Speaker!

                    Mr DEPUTY SPEAKER: There is no point of order. Not on this, member for Greatorex, there is no point of order.

                    Dr LIM: Mr Deputy Speaker, let me just elaborate.

                    Mr DEPUTY SPEAKER: Are you dissenting from my direction?

                    Dr LIM: No. Mr Deputy Speaker, just listen to what I have to say before you rule. Let me read the exact words of Standing Order 62. Halfway through the paragraph it says:
                      … nor shall a Member attribute directly or by innuendo to another Member unbecoming conduct or motives; and all
                      offensive references to a Member’s private affairs and all personal reflections on Members shall be deemed to be
                      highly disorderly.

                    I believe Standing Order 62 is quite specific, and what the minister has done is, in fact, attributing directly and by innuendo about the former member for Macdonnell.

                    Mr DEPUTY SPEAKER: Member for Greatorex, I will be happy to take advice from the Clerk as to whether this applies to former members.

                    Dr Lim: Yes, thank you.

                    Mr DEPUTY SPEAKER: I have sought advice and there is no point of order. Please continue, minister.

                    Ms SCRYMGOUR: Thank you, Mr Deputy Speaker. Looking through this whole issue of your motion and what you have said, it is imposing your own political will on the people of Jabiru. We are looking at …

                    Mr Wood: It is a suggestion.

                    Ms SCRYMGOUR: There is quite a comprehensive community engagement process that will be put in place. That will lead to the full restoration of democracy. Like you, I believe it is important to get things back on track. However, this issue has been an issue that just has not come overnight. It has been an issue for a long time – for about 12 months. It has divided this community; therefore, it needs some open engagement with the community to bring people along - not just certain individuals, but the whole of the community - to discuss how we get things back on track in Jabiru.

                    When we look at a future review of the Local Government Act, do you just arbitrarily change acts to suit your and others’ whim? The minister is looking at a total review of the Local Government Act. As part of that review, this will allow the people of Jabiru to make contributions to any future local government reform process at Jabiru, and not just some ad hoc, spur of the moment knee-jerk reaction.

                    You mentioned a petition that was forwarded. I know that there has been one individual who is behind the petition. The many phone calls that I do receive from Jabiru and, in talking to the Jabiru residents and the Aboriginal residents in the outstations, they are calling for reinstatement of the council. It was quite a harrowing experience that people went through - the threats and the innuendos that happened. People were relieved to have some respite, knowing that they were not losing services, because no services have decreased in Jabiru. Services are actually even better and more efficient.

                    The community engagement strategy, as I said, member Nelson, will be conducted between now and May. I am certainly looking forward to getting back out there and talking to a number of residents and prospective councillors, because I believe that the council does need some new blood - and certainly more women. It would be good to see women councillors.

                    In summing up, I know the shadow spokesperson will talk about this but, at the end of the day, this is about restoring democracy to a dysfunctional council. There were problems for a long time there. JTDA did act, to the relief of many people out there. We are moving forward and not dwelling on the past. I am sure the Minister for Local Government would be happy to look at the member for Nelson’s ideas and what you put forward in your contribution, as part of the review of the Local Government Act.

                    The election is in May next year and people are looking forward to that. I know there are a few people out there saying it is too long. I have had that view expressed to me by certain people. However, the majority of the community feels that May 2006 is not a long way and will work through some of the issues which are affecting …

                    Mr Wood: It is 25% of the elected term; it is a two-year term.

                    Ms SCRYMGOUR: Sorry?

                    Mr Wood: Only a two-year term, so it is 25% of the term.

                    Ms SCRYMGOUR: We will use this six months consultation and further cooling off period where residents can look for members who will provide good leadership rather than pushing personal agendas, which was what was happening for a long time.

                    Dr LIM (Greatorex): Mr Deputy Speaker, when we asked the minister for a report about the Jabiru Town Council he said he would provide us with a summary of the report. Never in my wildest dreams did I expect to see three pages and a couple of extra paragraphs as the summary of the report. God knows how long the report is! When I read it through it was quite bland. It stated there was some controversy between the CEO and a member or two or three of the council, and it really does not say much more than that.

                    When we look at local government, ask anybody in the street what they know is a council, they will tell you that a council is local government; it is elected by due process in a democratic manner and these people form a council. If you do not elect your president or the chairman by popular vote, then the chairman is elected from within the council itself, and that council runs local government functions, and that is the ultimate authority of a community.

                    Very few people would understand that the Jabiru Town Council was subject to the Jabiru Town Development Authority, and they recognised a problem. In fact, the Jabiru Town Council has very little authority in its own right. Then, when you have a council which also has appointed members on it, you have to question whether the elected members have as much right as an appointed member. There has been some discussion regarding whether there should be proportional representation - I suppose would be the best way to describe it – and whether certain bodies within the Jabiru town boundaries should have automatic right of place or, if not by automatic right of place, on appointment by the minister. This gives the appointed members perceived rights that, perhaps, the elected members do not have.

                    From this very brief summary, I gather there were some issues between some personalities. The member for Arafura described in detail what happened behind the scenes. I did not know about it. I had a chat with my colleague, the member for Nelson, and he was not entirely aware of it and was not told about it at the briefing. This summary does not tell us anything about it. One has to ask why some councillors walked out of a council meeting. Perhaps they did it to deliberately undermine the council decision-making processes. Perhaps they felt so strongly that they needed to walk out of the council. Who is right, who is wrong? I do not know; I cannot make up my mind by reading this summary. It makes it hard when ministers on that side of the Chamber are privy to the full document, whereas members on this side of the House have three scant sheets of very little information.

                    On the issue of reinstating the council - and I might differ in this respect from the member for Nelson - May is six months away and is one quarter of a two-year turn. If you look at December and January being months when there is not much activity anyway, I wonder whether May is very far away or not. Bringing the council together when there are, obviously, issues that are still unresolved is going to promote more antagonism. I am of a mixed mind as to whether we should get the council back meeting once again.

                    However, if what the member for Nelson says is true, democracy is not being well represented in Jabiru. From the way the member for Arafura spoke about the circumstances that occurred in Jabiru, it appears to me that she is very partisan. It is unfortunate that she takes that position. To start verballing members across the Chamber is most inappropriate. She does it, knowing full well that she has the protection of the Chair, and that makes it a bit easier. When we try to object, we cannot get very far.

                    The minister spoke about the complexities of the Jabiru Town Development Authority and the various instrumentalities and legislation that govern the Jabiru township. I commenced investigation into how we could provide Jabiru with a fully-fledged town council in the middle part of my tenure as the Minister for Local Government and, yes, it was very complex; it was difficult. It was full of very fine legal intricacies which had to be negotiated, and I learnt for myself that it was not going to be an easy matter. However, you can also understand Ranger Uranium mine has a large stake in the land out there and the operations of the town, not least of which is that they supply electricity and water to Jabiru. It is a complex issue that needs a lot of teasing out.

                    It is unfortunate that over the last four years of this government, the various Ministers for Local Government have not acted appropriately in trying to address this quicker than they did. For the council to be suspended for the last 18 months is most inappropriate. People elected those people to represent them and they are not there to represent them; thus, there is no sense of any democracy.

                    If the government is serious about trying to resolve this, then, hopefully by February, we will see some action to facilitate the process and this time, come the May elections, all members of the council will be elected and there will be no appointment of any council members. Then the council should be allowed to choose their chairman or president. The CEO should always work to the council, and should be engaged by the council in the first instance. The CEO is beholden to the council, and not the other way around. That is the situation in all councils: the CEO reports to the council. If a member or the council itself requests information of the CEO, then the CEO is obliged to provide the council with that information.

                    It appears from what the minister described, which is not written in this paper, that the CEO, obviously, refused to provide information following the request by one or several councillors. That may have been one of the symptoms, if not the start, of a breakdown in relationships within the Jabiru council itself.

                    The motion as moved by the member for Nelson appears very positive. It was to try to move things forward. It is a pity that the minister had to slag into him for no other reason than just point scoring. It was most unnecessary. If she knew more than the member for Nelson that was her good fortune, and the government should have seen fit to share that information with members opposite. We sought a briefing with the minister yesterday afternoon, when there was plenty of time. Unfortunately, it was not to be and, when the briefing was provided this morning - which the member for Nelson went to but I could not, because I was here in the Chamber – it was, from his description, more of a question and answer session where he had to put the questions before any information was provided. That is not a briefing. That, to me, is the department hiding under a veil of secrecy, refusing to provide information for members of parliament who have a legitimate reason to get the information. If there were issues there that the government knows members opposite could assist with, we should be given the information fully. I am sure that members on this side of the House can respect the confidentiality of the information provided. That could have been done with the full disclosure to the member for Nelson. He could then, perhaps, have shared it with me or, had we had the briefing yesterday, it would have been better still when we could both have attended.

                    With those words, Mr Deputy Speaker, I support the motion that is put by the member for Nelson. I believe that it is high time that we get things moving for the Jabiru people. If the government can do it and facilitate it in a quick manner, so much the better.

                    Mr WOOD (Nelson): Mr Deputy Speaker, I came today to debate an issue which I thought was a very important issue, especially for the people of Jabiru. The response I got from the member treated that with a fair deal of contempt, and that is disappointing because I brought it forward as a means of debate. I have no problem accepting that some of what I put forward may not be that easy to instigate; for instance, what type of government the town should have and whether it should have a fully elected council under the Local Government Act. If you read the report, that was one of the options. It was not an ad hoc type motion. It was taken from the government’s own summary. One of the options would be the establishment of a Jabiru Town Council under the Local Government Act. What I am putting in there is my opinion that that is exactly what we should be doing - not ad hoc. I am putting some positive things and I am getting negativism back and I find that disappointing.

                    There are some issues that were raised by the member. There were about 150 people at the meeting I attended, not 30. I did not mean when I said the council was in mothballs, that the entire council was in mothballs. I was referring to council, as in elected members. They are the people who are in mothballs.

                    I have not tried to change the act. What I have tried to do is use the existing provisions of the act to make it possible that the people of Jabiru could have an elected council that would not have the problems it has now. If there are problems, for instance, with Ranger having an appointed person, then the act as you read it, says the minister can also decrease or increase the number of elected members. Therefore, if you wanted to get away from the even number, make it an even number of elected councillors and leave the appointed person from Ranger on it. We must remember that Ranger will not be there forever because it has a date on which it will eventually close down.

                    It is easy to brush off this issue as if, ‘well, it is convenient if we just let this council roll on until May. It saves us a lot of hard work. It saves us any possibility that we could have problems again’. I do not say that without putting some possibilities to make sure it does not happen. You should put it in place, and the minister can do things immediately - no changing the act. He can appoint extra members from council, or decrease the numbers of the elected body, or he can decrease or increase the number of appointed members. That is using the act as it is today. What is the point in having the act if you cannot use it? I am saying you can restore democracy now, not at your convenience because it is much easier, it is nicer, because it possibly will not give us a headache until then. Life is not always that easy sometimes, but people should at least have their right to have elected members working and representing them.

                    Ultimately, I put this in here for positive debate about trying to find a way of having council reinstated in Jabiru. I was disappointed to hear the response from the local member. I say again that I feel that this summary is inadequate. Some of the issues that were raised in that letter, which was published in the newspaper, surely could have been responded to here. Why not? If there were technical reasons why things could not be given to the council, surely those technical reasons can be written. I do not have anything against anyone in this issue. I am not trying to take sides. However, there is an issue here of restoring democracy; of a report; of people there saying that they believe this was wrong and other people saying they were wrong.

                    When you get accusations in the newspaper - and those accusations have been around for ages – surely this little report could have covered that. I could go back to people and say: ‘No, the technical reason why you were wrong is here’. However, I cannot say that; I do not have an answer. In the briefing, I am told there was possibly an answer why the town clerk could not give that information out, but it is not in here. If there was a technical reason, it should have been here. This report is inadequate. I do not know what the government’s intention is for members of the council of Jabiru to get. I would have thought the very least they could have is a full report because, if you interviewed those people, I would expect them to have thought that they were going to get a copy of the full report.

                    If I went to the Senate Select Committee in Canberra the other day and I spoke, I would expect to get – as has already been sent – a full report. I hope at least Jabiru town councillors will get a full report of what was said.

                    I will not say much more, Madam Speaker, just that we do not have many GBDs. We have one every 12 sitting days. It is important that at least matters that normally would not be taken up by government, are at least taken up by people who are not in government. I hope that they give us as much respect as we give them respect when they bring forward motions themselves. We do not do it lightly. I have better things to do, I suppose, than sit here and be told ‘what would I know’, ‘ad hoc’. I put it here in a positive light. You did not have to agree with it, but could have responded with some positive changes to what I have put. Didn’t you know; it is called dignity? I am disappointed. When people read Hansard, they will see that what I was doing was not trying to cause more division but, hopefully, bring democracy back to Jabiru. I was looking forward, because that is what Jabiru needs. That is all I was trying to do.

                    Motion negatived.
                    RESIDENTIAL TENANCIES AMENDMENT (TERMINATION FOR UNACCEPTABLE CONDUCT) BILL (No 2)
                    (Serial 12)

                    Continued from 18 August 2005.

                    Dr TOYNE (Justice and Attorney-General): Madam Speaker, I will say at the outset that we will not be supporting this bill, for reasons the member for Braitling is probably already aware. It is not because of the idea being without merit. In fact, we have taken the intent of this bill very seriously, and you will find that the intent has been included in the antisocial behaviour legislation which will be introduced into the House tomorrow. I certainly commend the member for Braitling for bringing this issue and idea to the House. It was a valid response to a valid problem.

                    The Residential Tenancies Amendment (Termination For Unacceptable Conduct) Bill (No 2) addresses the problem of antisocial behaviour based in rented premises that we certainly saw at one stage in recent time in Alice Springs. It is an ongoing context in which antisocial behaviour can occur. The member’s proposition was that third parties other than the landlord and the tenant could be involved when this type of behaviour occurs, to apply for a termination of the tenancy on the basis that their own lives have been blighted by the behaviour occurring. We believe that strong action is needed against antisocial behaviour, and that will be evidenced by the fairly extensive legislation that we are introducing. We further believe that much of this antisocial behaviour is related to alcohol abuse and that by attacking alcohol abuse in the various contexts in which it occurs, we can make greater inroads than simply dealing with one context of the behaviour.

                    The bills tomorrow present a broad front of action against alcohol abuse in our Territory communities, through the implementation of alcohol courts to try to target and bring chronic alcohol abusers into treatment regimes. It also deals with giving the capacity to urban Territorians to introduce dry areas within our urban communities on prescribed public areas such as shopping centres, churches, schools and residences, or blocks of flats for that matter, as long as the procedures that are set out in the legislation are followed. It also includes a provision for householders adjacent to or in the vicinity of a residence in which antisocial behaviour is occurring to put in application for that tenancy to be terminated.

                    You can see from that very short synopsis of the antisocial behaviour bills to be presented tomorrow, that we have listened to the member for Braitling. We have recognised that that is a valid part of an overall package against antisocial behaviour but, quite rightly, we have chosen to incorporate that issue into a broader front of action against antisocial behaviour.

                    Most people in the community would recognise that antisocial behaviour has complex roots, and it requires far more than just a single initiative to feel that you can make some inroads into its prevalence in our communities. We believe we have come up with a package that does offer a broader front of action against antisocial behaviour and, in particular, its relationship to alcohol abuse.

                    Madam Speaker, we will proceed to introduce the bill tomorrow. I thank the member for Braitling for raising this issue and, while we will oppose the bill, we are certainly not saying that it was without merit; we believe that it was better to tackle it in the context of the package.

                    Dr LIM (Greatorex): Madam Speaker, I was tossing up whether I need to make a contribution. The minister, in his response to the amendment, suggested that he will take the intent of the member for Braitling’s amendment bill on board tomorrow when he introduces his own legislation.

                    I am reluctant to just leave it at that because I am not certain whether he will modify it to such a degree that, come tomorrow, we will not be able to recognise any of the intent that the member for Braitling has in this legislation. That will be a real pity.

                    Dr Toyne: Oh, come on! Trust us. Just this once, trust us.

                    Dr LIM: We have not seen it! We have not seen the legislation the minister wants to introduce. Knowing his form, I am a little concerned that the intent that has been expressed in the member for Braitling’s amendment bill might be overlooked altogether. Promises that he might have made today might not be carried through tomorrow.

                    It is important to understand that there are many people in our suburbs who are thoroughly sick and tired and fed up with neighbours from hell, particularly those who live in Territory Housing properties. They have made complaint after complaint after complaint and, often, they fall on deaf ears.

                    Only last week, I made a house call at 9 pm to one of my constituents who was concerned when four carloads of people descended onto the house next door to him. He was really concerned that there were cars on the road, people sitting on the nature strip outside the house; there were two cars in the yard, one on the street and one on the footpath. When he came out to his car to drive out to pick his son up from sports, he rang me and said: ‘I am really concerned. He was following up on a call he made that afternoon and it was 9 pm and he continued to be concerned. I went to his house to have a chat. When I got there, his wife was there on her own; he was still out. She had three dogs with her and so she felt more secure. I sat and talked to her and he returned home with his son. We continued our discussion about the neighbours that he had. I have to admit that I thought the neighbours were reasonably well behaved. Yes, there were large numbers of them. Apart from that, there was nothing more untoward than that. In fact, I approached the gathering, had a chat to them and we had a very friendly exchange. I found out where they came from; they knew who I was and we had a good discussion and we parted quite happily.

                    I did another house call only last Friday morning when I visited John Stokes complex in your electorate, Madam Speaker. I received several complaints about a particular resident in John Stokes who has caused a lot of trauma - serious trauma - to his neighbours and, in particular, three neighbours. These three neighbours also complained to Territory Housing. Security, the police and the tenancy manager would turn up and, at the time they did, they would say there was nothing serious, nothing they could do, then leave and the nuisance continued, to such a degree that some people were kept awake at night. One of the tenants I saw, who is distressed by this neighbour from hell, was nearly in tears. Every so often, she would get tears in her eyes as she related her story. I will give you more details later on, Madam Speaker, so that you can help sort this matter out. They were severely distressed by this neighbour from hell, and no amount of complaints made to Territory Housing seemed to get any action.

                    This amendment bill, in fact, would allow the neighbours to actually do that. When I saw the neighbours, they said to me: ‘We are sorry we have to go down this path to get you, as the opposition spokesman on housing. We have tried our best’. Yes, they did say to me that they had been to see you, and you did your best and you got some results but, unfortunately, it is all recurring. They were very reluctant, but they provided all the details. The details they provided to me had been provided previously to Territory Housing, yet Territory Housing has not followed through.

                    It appears to me though, that some of the people who were sent by Territory Housing - whether they were security officers or tenancy managers – do not appreciate that prolonged exposure to a particular noise can become very distressing to the extent that it can cause ill health. That same noise, if exposure is for a minute to 10 minutes, is a non-event. However, if it goes on all day, all night - even an aria sung by the best voice in the world, if played over and over again for 24 hours, will drive you up the wall. What happens then is your sensitivities are heightened; you become super-sensitive to that noise. As soon as you hear that noise, it sets you on a very negative path of feelings and emotions. Hence, you cannot sleep. You wake up next day to go to work and you cannot go to work or, if you go to work you make mistakes, and the vicious cycle then continues. The stress levels increase. Some of these people are already living on the edge of poor health. Some are on medication, some are depressed, some have dual diagnosis, and are able to live on their own with some support. However, with a neighbour from hell, it just tends to tip them over onto the other side.

                    For these people to provide me with the information that they have, they could, using this legislation that has been introduced by the member for Braitling, use that same information and get some positive result. I hope that, through my intercession and with your assistance also, Madam Speaker, we can get something resolved for these people. I believe I have some ideas we can use to try to help the residents of the John Stokes complex. If the minister is going to take this legislation up tomorrow, well and good. If he can support the member for Braitling cautiously, then he should do this also.

                    I have a question that, perhaps, the member for Braitling can answer for me. To raise a complaint to court is going to cost, and a person who wants to make a complaint must be prepared to bear that cost. It is highly unlikely – it may be possible - that Legal Aid could assist them. How is the cost going to be shared, if any? If the complainant is successful, would there be any court cost awarded in their favour so that they at least recover some of their legal cost? Otherwise, it is going to be an expensive exercise for anybody to do that to try to evict a neighbour from hell, especially when the authority or the landlords are not prepared to help out at all. That is something I would like you to explain.

                    Mrs BRAHAM (Braitling): Madam Speaker, I was not surprised to hear the Minister for Central Australia give his point of view. He has to realise - and I appreciate that he acknowledged it - that this particular amendment has been prompted by a series of incidents over a long period of time. Not just the people in my electorate; you have problems in Darwin as well. We have had e-mails from the member for Karama’s constituents …

                    Mrs Miller: I have some neighbours near me, too.

                    Mrs BRAHAM: You have some neighbours too? It is a common problem. We should be able to find a common solution that will help everyone.

                    There was a little fear on the part of some of the people when I spoke to them about this. They asked about retribution, and that is always a concern, even when you go to the Department of Housing, because they will not take anyone to court unless they have evidence and witnesses. However, there are people who have reached the stage now where they will probably do anything. The incident we had in my electorate recently was a case in point. For 10 months, they had been seeking assistance from Territory Housing to resolve their problems and it just did not happen.

                    This is the crazy part. This is a copy of the tenancy agreement which all tenants sign, and it has some very strong points and even states a code of conduct. If you, as a private landlord, put someone into your unit, you would expect them to obey the terms and conditions of the tenancy. In fact, you usually have a tenancy manager who goes around every three months and checks that all is well and the place has been kept in decent condition. Territory Housing, perhaps, do not have enough staff to do that, because I certainly know their policy was to get around every six months. I believe the minister was trying to shorten that so they would get around more often. However, many of these problems could be resolved with early intervention; it is as simple as that. Many of these problems could be solved with the introduction of the life skills which we have talked about many times, and I am hoping the minister will be able to do this for us very quickly.

                    This particular amendment was a mirror of the South Australian Residential Tenancies Act. I wrote to the Registrar of the Residency Tenancy Tribunal. In their letter, the Registrar says:

                      Section 90 of our Residential Tenancies Act is used by both private residents as well as the South Australian
                      Housing Trust.

                    It does not matter where you live, it seems to be the same old problem:

                      During the last financial year we listed approximately 280 matters that related to this section. The tribunal had to be satisfied
                      that the disruptive or antisocial behaviour is such that it warrants a hearing before proceeding, and these particular hearings
                      can be difficult for the applicant to prove as the tribunal requires witnesses to the alleged events to attend and give evidence,
                      and quite often these witnesses refuse because of their fear of retribution, and this leaves the applicant in an unenviable
                      position of not being able to substantiate their claim.

                    It sounds familiar doesn’t it, it is something that we hear:

                      The Housing Trust experiences the same problems in providing witnesses but will quite often look at transferring the tenant
                      in order to alleviate the situation, not always a successful option as it only results in relocating the problem.

                    South Australia has very similar problems to what we are talking about here. I was very much prompted by the Chief Minister when she came out before the election and said that she would get tough on Housing Commission tenants and antisocial behaviour. I look forward to seeing what this bill is tomorrow, as I have not seen it. I really hope it does address the problems that we have had for a long time, and that we get solutions. What people want is their privacy respected. They want to be able to live in a neighbourhood, enjoy their lifestyle, and feel free to go out into their streets.

                    Remember, tenants suffer as well as neighbours. I had a rather sad case the other day where people had to ring for help because one of the renal patients in one of our complexes had had visitors who were drinking and then, of course, she started to drink with them and that was not a good thing for a renal patient to do. If we could get quicker action to many of our problems within our Housing units and houses, we would not have to go to the extent that we have by putting forward with this amendment. Unfortunately, until we can get to that situation, we need this amendment. We need it so people at least have some means of trying to rectify their problem. I find people are very tolerant of their neighbours. It is amazing what they will put up with before they get to the stage of being frustrated and feeling so helpless that they will actually ring the office. Quite often, you will ask them how long it has been going on for, and they will say for months. ‘Well, why did you not come earlier?’ ‘We thought we would give them a fair go’. People are not vicious; they are seeking a solution. They are usually just very worried for their families.

                    The minister has said that this particular act they are introducing will cover many of the aspects that are of concern for us with antisocial behaviour and I hope he is right. He said: ‘Trust me’. I hope he realises that in saying ‘trust me’, he has a responsibility that goes with it. Tomorrow is D-day for you, minister. We will see if you will really do intend to do what we want to do.

                    It is a little unfortunate that we cannot get this amendment up. At least we would have something to fall back on. Just be aware, though, that out there in the suburbs there are many people who give this amendment support. They are the people who will also make government accountable for their actions if they do not give us what we want.

                    Madam Speaker, at this stage, I can only say that I had hoped to get this amendment up. I believe there are many government members who realise it is a good amendment but we are going to have to trust and see tomorrow …

                    Dr Toyne: One more sleep.

                    Mrs BRAHAM: One more sleep.

                    Motion negatived.
                    EVIDENCE AMENDMENT BILL
                    (Serial 14)

                    Continued from 18 August 2005.

                    Dr TOYNE (Justice and Attorney-General): Madam Speaker, the bill introduced by the member for Araluen would expand the current exception to the hearsay rule in section 26E of the Evidence Act to provide an exception to the rule against hearsay in relation to a child’s statement to another person in any criminal proceedings. The existing exception to the hearsay rule provided by section 26E is a considered one. It was confined to sexual assault proceedings because of the clearly identified difficulties with successfully prosecuting such offences. There is extensive data evidencing the difficulties in this area. The impact that sex offending has on the ability of child victims to give coherent evidence in court is well documented. This provision was part of a package of measures designed to assist in expediting matters of this kind. However, as an exception to a fundamental rule of evidence, this government was committed to ensuring that the provision was targeted. Accordingly, it balances the rights of the accused to a fair trial, with the needs of the child witnesses and incorporates appropriate controls.

                    By contrast, the amendment proposed by the member for Araluen takes a very broad brush approach in creating an exception which applies in relation to any kind of offence. The member’s proposal does not appear to be based on, or justified by, current law reform in any other Australian jurisdiction, nor by any contemporary research by law reform bodies. I am concerned that such an amendment could lead to unintended and unacceptable implications for criminal proceedings. It is also likely to lead to additional argument during proceedings, an increase in appeals, and result in delays in finalising criminal matters.

                    The common law rule against the admission of hearsay evidence is designed to ensure that the best evidence is put forward before a court and can be tested under examination and cross-examination. Any exceptions to this rule should be well considered and tightly controlled and they should be just that - exceptions. It is not a simple matter of extending the existing exception created by section 26E to cover all offences, or even seeking to adopt the approach taken in another jurisdiction. Other jurisdictions frame their exceptions to the hearsay rule in relation to children’s evidence quite differently from the way in which it is done in the Northern Territory. In those jurisdictions where exceptions apply to a broader range of offences, the level of protection for the accused person is framed differently and the way in which the evidence is able to be used in court often differs as well.

                    While I am by no means opposed to further reform in this area, any additional exceptions to the hearsay rule should not be made without detailed research into the implications of such a change. I note, in this context, that an extensive review of the laws of evidence is currently being conducted by the Australian Law Reform Commission in consultation with the Law Reform Commissions of New South Wales, Victoria and Queensland. In July this year, I formally asked the Northern Territory Law Reform Committee to investigate and report to me on whether the uniform Evidence Act should be adopted in the Northern Territory. The terms of reference require the committee to collaborate with the Australian Law Reform Commission and other jurisdictions in conducting its review. While the review of the laws of evidence being undertaken both here and elsewhere is wide ranging, it is worth noting that areas of particular concern targeted for consideration by the terms of reference include the hearsay rule and its exemptions.

                    It would be inappropriate to pre-empt the findings of the Law Reform Committee by passing an amendment that is untested and lacks a readily identifiable evidence-based justification. The rule against hearsay is designed to ensure a fair trial process and a cautious approach should be taken in this area to ensure that the chances of wrongful conviction are negated as far as possible. Madam Speaker, on this basis, the government does not support the member for Araluen’s bill.

                    Ms CARNEY (Opposition Leader): Madam Speaker, I am not at all surprised that the government does not support this bill. In fact, I have won a $50 bet as a result from someone near and dear to me. Recently, we were discussing this bill. We were talking about the sittings this week, and that person said: ‘So, you are doing section 26E?’ I said: ‘Yes’. That person said: ‘What is going to happen?’ and I said: ‘They will not support. They will do two things: one is that the government will issue a media release on the day announcing a review of the Evidence Act’. They did not do that. I mentioned that in a phone call I had only half-an-hour or so ago.

                    The second thing I said is that they would oppose it because there was not enough evidence or, in the alternative, the bill was flawed. So I have won my $50. This person also said: ‘But it is the right thing to do; everyone knows that’. I said: ‘Yes, it is the right thing to do’. This person then said: ‘You have a bit of time for Toyney. He knows what is the right thing to do’. I said: ‘Yes. It is not him; it is his staffers’. It is that blinding arrogance and ill-informed understanding of various court proceedings that will ensure that the Attorney-General has come up with the comments he did. Then that person said: ‘But he is the Attorney-General’. I said: ‘That makes no difference and, in any case, I know, and they surely must know I know, that members of the legal profession in the Territory are supportive of this amendment’.

                    I said when I introduced the bill that I do not propose to issue a media release about this. There is not a vote in it; it is not an issue that any media outlet, in my view, would ever be interested in. It is the right thing to do. I am not surprised that government has not supported it.

                    I know about the national reforms or investigations into the law of evidence around the country. In fact, I have spoken to a couple of people very closely involved with the review of the laws of evidence. It is not surprising that the Attorney-General has fallen short of saying the Labor government here is announcing a review of the Evidence Act, but he has said there is a review of evidence laws generally, so he can hide under that rock.

                    To refresh the memories of members, I introduced this bill on 18 August and I quoted a part of the Attorney-General’s second reading speech from the Evidence Reform (Children and Sexual Offences) Bill, which was introduced in August 2004. It is worth repeating for the sake of the Parliamentary Record. I quote from the Attorney-General’s second reading speech:

                      The purpose of this bill is to reduce the trauma experienced by child witnesses and other vulnerable witnesses such as
                      adults with intellectual disability in criminal proceedings for sexual offences, and improve the quality of evidence from
                      those witnesses in criminal proceedings.

                    I did say, as members will recall, when we debated the Evidence Reform (Children and Sexual Offences) Bill that, in fact, it should have been called the Evidence Reform (Children and Sexual and Other Offences) Bill because that bill which has now come into effect contains a number of matters that are well beyond the scope of sexual offences - well beyond the scope of sexual offences. The name of the bill was somewhat misleading – and I use the term ‘misleading’ lightly. It just did not comprehensively cover the entire scope of the bill.

                    In any event, there is a fundamental point here; that is, that the aforementioned bill was introduced to reduce the trauma experienced by child witnesses. On that basis, because it was constrained or contained, I should say, to child witnesses and sexual offences, the point made by my amendment was that its application was too limited; that it should be extended to child witnesses who are affected by crimes other than, or in addition to, sexual offences. I referred in my second reading speech to other sorts of crimes - and I included reference to those contained within the Territory’s Criminal Code as well as those matters contained in the Community Welfare Act. I said that the protection afforded to children who are the victims of sexual assault should be extended to all other child victims of equally abhorrent crimes. This is not just about sexual offences; it is about child witnesses who suffer a range of offences. It pains me to say this: sexual offences create some level of media interest. There are a whole lot of other offences that do not.

                    Nevertheless, this amendment is important. I am sure it will be made eventually. I note that the Attorney-General said in his reply that my bill was too much of a ‘broad brush’ and it applies to any kind of offence. No, it applies to any kind of offence against a child; that is the difference. You did not say, Attorney-General, that it applied to any kind of offence against a child; you simply said it applied to any kind of offence. Nonsense! In addition, you said – and I am sure I have ascribed this correctly – that if the amendment came into law – or words to that effect – it could lead to unintended consequences such as delays and more argument. Oh dear! Delays and more argument. Well, it might just be worth it, Attorney-General. It might just be worth it to have a bit of a delay and a bit more argument so that the child victims of a number of crimes that are not sexual offences are afforded the same protection that is provided to children who are victims of sexual offences.

                    I note that you also referred to an absence of detailed research. Well, I am happy – I will rephrase that. I am not altogether unhappy if the national review of the evidence laws does come up with the research. I do not have it with me, but I can assure you I have a truckload of information about this stuff contained in various filing cabinets in Alice Springs. There is much research that has been done by many highly skilled and learned people about the damaging effects on children of giving evidence. You do not even need to be clever to work out that (a) that research would exist, and (b) what it might say. It is extremely damaging, and it does not need to be just about sexual offences. They were the issues raised by the Attorney-General. I thought they were limp, weak. However, he did not have much to go on, so I understand that that was the best he could come up with.

                    Opposing this bill, in my view and, no doubt, the view of others, will mean that this government is prepared to ensure that children who are the victims of crimes other than sexual offences are not afforded the same rights as those who have been sexually assaulted. It is appalling. It is particularly appalling noting the second reading speech of the Attorney-General when he introduced the Evidence Reform (Children and Sexual Offences) Bill in August last year. I say again that I know that there are no votes in this. I also know that there is no media interest. I also know that the legal profession, generally, supports this. I also know that it is the right thing to do; that is why I presented this bill.

                    It used to be, a couple of years ago, that the Attorney-General used to say: ‘If you have a good idea we will look at on the merits’. They were the days when members of the Australian Labor Party were still happy, idealistic and keen to make a difference. That has all changed. What we get now is derision and contempt for exercising our rights as members of parliament representing the members of the Territory community. All we get is derision and contempt for introducing what is – and I know it is, and you should know it is, although you probably do not, but your staffers have told you it is not good legislation, and you oppose it because you cannot bring yourselves politically to say: ‘Not a bad idea’.

                    You have not even said: ‘It is not a bad idea but we will look at it in due course’. At best, you have said: ‘If the rest of Australia gets on to it, eventually we might look at it’. Not good enough for the first law officer of the Northern Territory who, along with his colleagues, puts his hand on his heart and says: ‘I care, I care’. Well, it would seem not. Not surprisingly, I have won $50, so I suppose it is not altogether a bad result. However, I would have expected more from the Attorney-General. With those remarks, Madam Speaker, I conclude.

                    Motion negatived.
                    ELECTORAL AMENDMENT BILL
                    (Serial 16)

                    Continued from 18 August 2005.

                    Ms MARTIN (Chief Minister): Madam Speaker, I read the second reading speech from the member for Greatorex who has introduced his amendment into the House, and I basically had to ask: why? I can understand the position that the member for Greatorex has come from. We are talking about signage during election campaigns, so we are, essentially, talking about the corflutes that we tack up on fences and, in Alice Springs on power poles, to advertise our wares to the electorate. Okay, it is fairly robust times, and you would be hard pressed to find one member in here who had not had a poster defaced. Anyone who has not had a poster defaced?

                    Ms Carney: Yep, I have not.

                    Members interjecting.

                    Madam SPEAKER: Order!

                    Ms MARTIN: Apart from the member for Araluen, all of us have experienced the cut and thrust of an election campaign where posters are defaced. I have always thought that I looked quite attractive with the moustache and the devil’s little horns and things. When you get the eyes poked out, you know you have really made it.

                    I can appreciate where the member for Greatorex is coming from and know that it is frustrating; they are very expensive things. During an election campaign, we want to have as much exposure as we can with our best photo on a corflute.

                    I am not trying to diminish what, obviously, is your concern in this amendment, but any damage or defacing of this corflute signage is actually covered under current legislation. I cannot see why we would make it a special electoral offence - no other place in Australia does - under the Electoral Act. I am sure, as the member for Greatorex does know, penalties already exist under the Criminal Code for stealing or defacing property, and that is essentially what we are talking about. Currently, there are those penalties so, if somebody is sprung poking my eyes out, there is a penalty if I choose to press charges. Or if I they are caught putting a moustache and a little beard on, I can take some action under the Criminal Code. I quote those current provisions:
                      Any person who unlawfully damages any property is guilty of an offence and is liable to imprisonment for two years.

                    That is section 251(1). Definitions in Schedule 1 says:
                      ‘damages’ include destroys and, when used in relation to a document or writing, includes obliterating and rendering it
                      illegible either in whole or in part …

                    Also:
                      ‘property’ means everything, animate or inanimate, capable of being the subject of ownership, including –

                      (a) things in action and other intangible property ...
                    Section 251 is pretty substantial and covers all these aspects of any criminal damage or any damage to the things we are talking about in an electorate context. I really cannot see what the point is of having another amendment to the Electoral Act to add a second layer of this kind of criminal damage.

                    I inform the member for Greatorex that the Electoral Commissioner is reviewing the last Northern Territory election. We have passed your concerns on to him for that review and they will be considered in the context of the report that the Electoral Commissioner will write regarding the last Territory election. I am not going to prejudge the Electoral Commissioner, but we do have the legislation, the laws in place, to tackle the kind of things you are targeting in this amendment. We do not need layer upon layer of legislation.

                    On behalf of the Territory community, I apologise if your posters were badly damaged. Every one of us have had bouts over our time in parliament where you have good elections where nobody does much to us – the member for Araluen has had two of those so far – and our posters come through fairly unscathed. Therefore, from a government point of view, these amendments are not supported.

                    Dr LIM (Greatorex): Madam Speaker, I am curious that Chief Minister does not understand what her own legislation is about. The Electoral Commission governs all things to do with an election yet, when it comes to a wrongdoing within the election campaign period, the Electoral Commissioner has no means to deal with anything outside the actual day of the polling day. That is all he has; the rest is a non-event until after the election and you have to put in your electoral returns.

                    It is curious the Chief Minister talks with ridicule – anything happens during an election, what the heck. It does not matter if your corflutes or whatever electioneering material you have gets destroyed - whether accidentally or deliberately. Sure, there is other legislation in the Territory that this can take care of but, when you complain to the very person who is in charge of the process you are in at the moment, that person has no jurisdiction. I rang the Electoral Commissioner and said there was a problem and asked what he was doing about it. He said he could not do anything as it was not in his legislation. It is beyond belief that an authority which is given the business of looking after conducting elections in a proper manner cannot do anything if there is a wrongdoing within that election period.

                    Obviously, the government is not going to support it. It is happy to support dirty tricks and everything it takes to win an election. Well, they did not, in my instance, of course; they did not. Try as they might, and spend as much money as they wanted to, they could not. Even to the extent of stealing my posters they still could not be successful. That is the issue, isn’t it …

                    Members interjecting.

                    Madam SPEAKER: Order!

                    Dr LIM: I touched a very sensitive spot, didn’t I? Obviously, on the other side of the Chamber, anything goes as far as elections are concerned. It does not matter whether it is bullying, stealing or doing wilful damage. It does not matter. They can go on with it and, if that is the way elections will descend into the gutter, then so be it. However, I believe it is a terrible pity that we in the Territory would descend to that level of behaviour. So-called adults, mature people, who purport to represent the community and be leaders of the community with standards of behaviour which should be beyond reproach; there they are …

                    Ms Lawrie: What do you want to do, lock up kids?

                    Madam SPEAKER: Order!

                    Dr LIM: It does not matter; ridicule does not matter. Dirty tricks, it is okay; destroy the opponent’s corflutes, it is okay - everything goes. That is the way it is; I expected it, anyway. I am not going to be able to do anything else, but I thought maybe this government would be one for honesty and fair play. Obviously, that is not going to be. It is a real tragedy that the government that purports to be honest, comes to the Territory and says: ‘Vote for us, we will look after you’. Well, they do not look after fair play and that is a real pity.

                    Motion negatived.
                    ADJOURNMENT

                    Ms MARTIN (Chief Minister): Madam Speaker, I move that the Assembly do now adjourn.

                    I spoke last night in adjournment about Community Cabinet that travelled to the Anmatjere and Alyawarra region, and our visit to Ti Tree to discuss the Anmatjere Regional Plan. I would like to move on tonight to talk about 7 and 8 November when Cabinet travelled, following that meeting, to Ampilatwatja, which is approximately 250 km north-east of Alice Springs, halfway between Ti Tree and the Queensland border.

                    We met with people of the Alyawarra region about their regional development plans. The region includes the community of Ampilatwatja, Epenarra, Alpurrurulam and Canteen Creek, as well as a number of outstations. It was good to meet with so many people from throughout the region at the community barbecue, including people from all the surrounding communities as well as pastoralists.

                    I was equally delighted to visit the Ampilatwatja Primary School the following day and present certificates of achievement to many of the students. I was not only impressed by the students’ attendance and enthusiasm with which they went about their school work, but by the dedication and commitment of the school teachers at the school. Even though many times we do not have members of parliament singing, we had the Minister for Regional Development leading the children through - what was it? - Five Ducks?

                    Mr Henderson: Five Little Ducks.

                    Ms MARTIN: Five Little Ducks! The minister led, complete with hand movements, Five Little Ducks. We were very impressed. The Early Childhood Unit was particularly taken with the minister.

                    Mr Henderson: I was offered a job as a teacher!

                    Ms MARTIN: Were you? Excellent! I would like to make mention of the beautiful singing by the students of songs that demonstrated the pride they have for their community and they country.

                    Following my visit to the classrooms, Cabinet attended a meeting with representatives from all the communities in the region to discuss the social and economic future of that region. Again, like our experience in Ti Tree the day before, it was extremely satisfying to see so many people attend the community meeting and contribute so much to our understanding of the issues impacting on the region. The community councils of the Ampilatwatja, Epenarra, Alpurrurulam and Canteen Creek have developed a framework agreement that creates the foundation for an Alyawarra Regional Authority.

                    The communities within the region have put an enormous amount of effort into developing their strategic plan. In doing so, they are considering how health services can be better coordinated through the establishment of a single regional health service. They are looking at a similar approach to education delivery, and are considering ways in which the education system can be more responsive to the language and cultural needs of the people in the region. The councils have also taken a proactive approach to identifying economic enterprises available in the region including road maintenance, the development of tourism and camping facilities and land management opportunities. As I have said repeatedly in this House, creating more opportunities for indigenous people to participate in our economy is a key priority for government.

                    I take this opportunity of thanking Gilbert Corbett and all the people of Ampilatwatja and neighbouring communities for their hospitality during our stay. I also thank David Moore and Rosie Kunoth-Monks for the wonderful job they both did in translating for us and contributing to such a successful Cabinet.

                    I acknowledge the significant contribution made by Parliamentary Counsel, Gale Jamieson. Gale, very sadly, is moving to Perth – well, it is sad for us - to take up a senior position in the Western Australian Office of Parliamentary Counsel and her departure will be a great loss for the Territory.

                    Gale is very highly regarded across government and has worked extremely hard in the role of Parliamentary Counsel. She has led a highly motivated team during an especially demanding time as the new government has implemented its extensive legislative program. Despite all the pressure, everyone would agree she has been a delight to work with, and always seemed to have a practical solution to some of the most challenging of problems.

                    Gale graduated from the University of Queensland with a Commerce Degree in 1982 and obtained her Law Degree from Queensland University in 1985. She was first admitted as a solicitor of the Senior Counsel of Queensland in February 1986, and as an Associate to Justice McPherson from 1986 onwards. Gale went to work with Morris Fletcher and Cross, now known as Minter Ellison, in the next year 1987. She started her legislative drafting career in the Office of Parliamentary Counsel in the ACT in January 1988 where she held the position of Principal Assistant Parliamentary Counsel.

                    She moved to the Territory in March 1997 to take up appointment as Deputy Parliamentary Counsel, having been appointed to this position by then Parliamentary Counsel, Tom Hurley. She held this position until Tom’s retirement in March 2002, when she acted in his position until her appointment in July of that year; a position she has held since.

                    Gale has certainly left her mark on the NT statute books. Some of the more notable legislation she has drafted includes the AustralAsia Railway (Special Provisions) Act, the Information Act, the right to negotiate native title legislation, Law Reform (Gender, Sexuality and De Facto Relationships) Act, Parks and Reserves (Framework for the Future) Act and the Sentencing (Crime of Murder) and Parole Reform Act.

                    Gale is looking forward to starting her new job in the West. It is a role that will see her more involved in drafting and less involved in management. Gale and her husband, Phillip, are also looking forward to enjoying some of the spectacular Western Australian scenery. They are fond of bush walking and exploring, and are looking forward to sampling the fine food and wine for which south-west Western Australia is also so well known.

                    Her departure is a great loss and we will all miss her very much. On behalf of everyone in this House, I wish her and her family the very best for the future. We will certainly miss her expertise and her skills and, almost more importantly, the way that she did find solutions and kept her cool when all around her seemed to be melting down. Gale Jamieson, best of luck for the next phase of your life and we greatly appreciate your work here in the Territory.

                    The best of Territory Tourism was celebrated recently at the Annual Brolga Awards held at the Holiday Inn Esplanade here in Darwin, and I was delighted to attend. The Brolga Awards for Tourism Excellence recognise the dedication and achievements of organisations and individuals within the industry - an industry vital to the Territory economy. Awards, as we know, cover all sectors of the tourism industry ranging from events, attractions, accommodation and retailing to environmental and cultural tourism products. I congratulate all category finalists and winners, all of whom deserve the recognition among their peers. Winners of these awards will represent the Territory at the Australian Tourism Awards to be held in February next year in Queensland.

                    During the evening, I was proud to present three special awards – two Minister for Tourism Special Recognition Certificates which went to Max Davidson of Davidson’s Arnhemland Safaris, and to Libby Prell, an active industry member. The Minister for Tourism’s Award for Tourism Excellence Perpetual Trophy went to Wayne Kraft, who we know affectionately as Krafty, of Overlander Steakhouse in Alice Springs.

                    A total of 26 Brolga Awards were presented to a range of top tourism business and individuals in the following categories: for Major Tourism Attractions - the Alice Springs Desert Park; Significant Tourism Attractions – the Royal Flying Doctors Service, the Alice Springs Visitor Centre; Major Festivals and Events – the Garma Festival; Significant Festivals and Events – the 2004 Alice Springs Masters Games; Ecotourism was the wonderful Gecko Canoeing and we paid tribute to Mick Jerram and his mum, Joan, who do a great job - all you have to do is talk to people who have taken their canoeing trip and they are still glowing days later; for Heritage and Cultural Tourism – Lords Kakadu and Arnhemland Safaris; General Tourism Services – CATIA; Meeting and Business Tourism – the Intercontinental Hotels Group; Tourism Retailing – the Australian Crocodile Products Di CROCO; Major Tour and Transport operators – Great Southern Rail, The Ghan; Significant Tour and Transport operators - Travel North NT; Adventure Tourism - Arnhemland Barramundi Nature Lodge; Destination Promotion – CATIA; Media – TW Media Pty Ltd, This week in Darwin; Tourism, Education and Training - Intercontinental Hotel’s Indigenous Employment Program; Tourism, Restaurants and Catering Service - SKYCITY Darwin; Tourism and Caravan Parks – FreeSpirit Resort Darwin; Backpacker accommodation - Melaleuca on Mitchell; Hosted Accommodation - Orangewood Alice Springs Bed & Breakfast, and Lynne Peterkin was particularly delighted with that; Unique Accommodation - Seven Spirit Bay Wilderness Lodge; Deluxe Accommodation - Novotel Atrium in Darwin; Luxury Accommodation - SKYCITY Darwin; New Tourism Development - Darwin Airport Resort, and that was well earned and a great addition to accommodation in Darwin; Outstanding Interpretative Guide - Mike Ostwald of Mary River Park; Outstanding Interpretative Guide - Agnes Page at Intercontinental Hotel Groups, they were joint winners; and Outstanding Contribution by an Individual Tourism Employee - Alana Young of Tourism Top End.

                    I thank the Chamber of Commerce for coordinating the 19th Annual Brolga Awards, and to especially thank our major partners who supported the commission as principal sponsor. They are: Channel 9 Darwin; Crowne Plaza; Holiday Inn; NT News; Territory FM 104.1, and Great Southern Rail. I also thank our other valued partners and supporters for helping to make the industry’s night of nights a great success.

                    Although entries were down on last year, I acknowledge the importance of industry recognition of tourism excellence. My government will be considering options to increase participation and encourage excellence through the awards. Early in the New Year, the commission will review the awards program and, in doing this, will be seeking feedback from industry and sponsors to ensure the Territory maximises the investment made by everyone involved in the Brolga Awards.

                    Mrs MILLER (Katherine): Mr Deputy Speaker, I was not going to speak on the Brolgas. Listening to the Chief Minister talk about the 19th year of the Brolga Awards, I was very pleased to hear her say that there will be a review next year of the way the Brolga Awards are judged and promoted. This year, it was a little disappointing because there were so many single entries in many areas. It is the premier award of the year for tourism and I would like to see some more promotion for it. As the Chief Minister knows, the Brolga Awards was jam packed. With people not able to get tickets to go and with so many people there, there is no doubt it is well supported and it does need to have a review. That was highlighted by looking at the number of entries, especially the single entries. I congratulate all the winners. It has always been a very special night in the calendar year for me and all the tourism industry.

                    However, that was not the chief reason that I rose tonight. I want to speak about an issue that is of great concern to me and, I am sure, many other members of the public in the Northern Territory share this concern. It is in relation to a taxi driver who was granted the right to hold a taxi licence in spite of the fact that this man had a conviction of an offence of a sexual nature against children. This was highlighted to us earlier in November. It was of great concern because there are many people who rely on taxis for transportation of their children from school, or for appointments and, in some instances, people have a taxi picking their children up every single day; it is booked to pick their child up at a specific time. There is a lot of trust by parents that that child will be delivered safely to their home, or wherever they are to be delivered.

                    In this instance, what was really alarming was that the taxi board have very strict criteria about who a licence is issued to, and it has to be issued to a fit and proper person. They have very strict guidelines, naturally, that include a police check. In this instance, this particular person – who, of course, I cannot name and I have no intention of doing that – was found to have had a conviction for a sexual offence against a child. The first one he had was in 1971, but then he had a serious assault conviction in 2002.

                    As a result of that police check, the taxi board, rightly so, refused to give this gentleman a licence - beg my pardon, this ‘man’ a licence - to drive a cab. He appealed to the court and I find it very disappointing that there was an administrative decision to overturn the decision of the taxi board in favour of this man. I raise this issue tonight and call on the Minister for Infrastructure and Transport to investigate this matter. I am investigating it further myself because it is alarming to think that a person could have got through what I call very strict guidelines by the taxi board to obtain this licence. We need to make sure that this person is dealt with as quickly as possible. We all need to make sure that our children are travelling safely in cabs. It is not only children; it is our teenagers and everybody. We need to ensure that we have drivers who are reliable, trustworthy and have passed the test of the taxi companies. I feel very concerned about this and I know there is deep concern about this in the community.

                    The courts may well have had good reason for their decision, but they may be legal and technical, rather than the broader facts that the reviewing board took into consideration when they said no. I consider this as a very serious problem. I am more interested in the broader facts of why this decision was overturned, than the legal technicalities.

                    As a parent and a grandparent, I know that we all want to be assured of the protection of our children. I am going to further explore this. I am doing so at the moment in raising it so that the Minister for Infrastructure and Transport, I would hope, will investigate this himself. I want him to reassure Territorians that there is every safeguard in place to ensure that children are able to be transported by public transport and taxis safely.

                    I am very concerned that the taxi board was able to refuse this person because he did not pass the criteria - and rightly so - and then had this decision overturned. It is extremely disturbing. I would like the minister to look at the legislation to see how it could be tightened so that this incident does not recur, and we do not have a fear in the wider community that this could occur again. We have a duty as lawmakers to ensure that our children are protected at all times, and it is the duty of this government to ensure that. I ask the Minister for Infrastructure and Transport if he will look at this issue in the very near future and come back to parliament and let us know what it is that he is able to do to tighten the legislation so that we are assured that our children are safe and that the taxi board’s rules and regulations are adhered to and not overturned, when they are looking after the best interests of the public.

                    Mr STIRLING (Nhulunbuy): Mr Deputy Speaker, I was pleased to officially open the safe house at Yirrkala recently. The house will provide short-term accommodation for people who feel unsafe for themselves or their family. It will provide protection and privacy in assisting community members gain confidence and self-esteem in a peaceful environment. I congratulate the community organisations involved in working together to enable the facility to be built at Yirrkala. These organisations include: Dhanbul Council, Night Patrol, Anglicare, Health and Community Services and the Indigenous Coordination Centre. The safe house will also provide educational resources, a community school, and once a special care centre is opened early next year in Nhulunbuy, will work closely with their programs. It is a great achievement by a committed few community members who continue to fight against violence in the home. I thank them for taking on this important initiative.

                    The Alcan sponsored Garma Festival took first place in the educational programs category at the Skl International Ecotourism Awards in Zagreb, Croatia last month. Skl is an international association, the largest organisation of travel and tourism professionals in the world. The ecotourism awards celebrate commitment to the creation of a better environment with a particular focus on environmental and cultural conservation, and the Garma Festival is one of the most important cultural events in the Northern Territory. Congratulations to Alcan and the Yothu Yindi Foundation for their outstanding contribution in promoting awareness of our unique Yolngu culture here in Arnhem Land.

                    The 70th anniversary of missionaries to Yirrkala took place on 22 September this year. In 1935, Wilbur Chaseling, the first missionary to East Arnhem Land, landed at a small bay at Yirrkala. This was the beginning of a long association with the Yolngu of East Arnhem and the then Methodist Church. Wilbur Chaseling’s daughter, Helen, her husband and many other missionaries, returned for the celebrations. A re-enactment of the first landing by the Reverend Chaseling was held at Yirrkala with many other activities, including a photo display of the early days, which remain memories of great significance to the local Yolngu communities. Congratulations to Hala Tupou and his team of helpers for a great effort in celebrating an important and significant event.

                    Two students from Yirrkala Community Education Centre were among 25 across the Territory to be selected to be part of the inaugural Indigenous Students Leadership and Mentorship Program in Darwin. The students, Wawurra Yunupingu and Gathapura Mununggurr, both 16 years old, were chosen for their talents and skills in both the education and music arenas. They both demonstrated a keen commitment to school work, working towards the completion of their NTCE. Over the next 18 months, both will be individually mentored and will participate in leadership programs. These students are the future leaders of their community, and it is important we encourage and support their efforts to reach their full potential. I congratulate these students for their commitment and achievement on becoming leaders and role models for the community.

                    I was pleased to present Yalmay Yunupingu from Yirrkala Community Education Centre with the inaugural Teaching Excellence Award for the Remote Primary category recently. Yalmay commenced her career as a Library Assistant in 1974, gaining a teaching qualification after studying externally through Batchelor. Since receiving her qualification, Yalmay has moved from a primary classroom teacher to an effective and inspirational senior teacher who has high expectations of her students and her teaching peers. Highly regarded by her colleagues, she is seen as an effective and bicultural role model for both staff and students in the field of two-way education. Her contribution to school curriculum development has been significant and a legacy of this is the Garma Maths document that explores the integration of western mathematical concepts with indigenous knowledge.

                    Congratulations to Dr Alan Clough on receiving the prestigious 2005 Early Career Award at the Australian Professional Society on Alcohol and Drugs Annual National Conference in Melbourne recently. Despite having been awarded his PhD as recently as 2004, Alan has published more than 20 papers, all prepared in his Nhulunbuy office. He has been Chief Investigator on the National Health and Medical Council grant, co-authored an editorial in the Medical Journal of Australia, and provided advice to government on substance use strategies in a number of communities and regions across the Territory.

                    I express my sincere thanks and Christmas greetings to all the staff in the Legislative Assembly who look after us, not just during sittings but on a day-to-day basis: Madam Speaker; the Clerk, Mr McNeill; Deputy Clerk, David Horton; Clerk Assistant, Graham Gadd; Table Office staff Steve and the crew; Hansard staff Helen, Sue, Elizabeth, Robyn and the team; and the parliamentary attendants. Thank you to the security staff who guard this building each day and night. Thank you and seasons greetings. To the wonderful people who clean this building, thank you; I hope you and your families have a great Christmas and New Year. To the Parliamentary Library staff, our thanks. To Building Management, my old mate, Tony Hibberd and the rest of the team, thanks for keeping the place going. A special thanks to the parliamentary drivers; I hope they have a great Christmas and I thank them for their support and help throughout 2005.

                    Shaun O’Sullivan and his team at Chief Minister’s Protocol do a terrific job of running functions and looking after visiting dignitaries. We thank you and we hope you get a break over the New Year.

                    To my ministerial staff and electorate staff, Jenny Laverty, who keep everything rolling along, I am most appreciative for the support, and I thank you all for a job well done.

                    I thank my colleagues, both in Cabinet and the Caucus for all of your support. I am very proud of the team I am part of. We do operate as a team and we work well together. I wish them all a good Christmas and New Year.

                    I wish the opposition and Independent members of parliament well for Christmas and the New Year.

                    To people within the public sector - and we are fortunate in the Territory to have such a high quality public service and public service leadership: in Treasury, Jennifer Prince, an outstanding individual, leads a great team and they provide tremendous support to me in my Treasurer’s role. I want to wish them all the best of the season. They will not be getting a break, as you might expect. Treasury does run around the clock.

                    I wish the new DEET CEO, Margaret Banks - welcome to Margaret - and her team all the best. She is proving already to be an outstanding choice for CEO and I am sure the Territory will benefit enormously from her talents. To all those teaching our young Territorians, I wish you well and thank you for your hard work and dedication. You play a critical role in the development of the Territory.

                    To Elizabeth Morris and the team at Racing, Gaming and Licensing, good luck and have a great season. To Mark Crossin and the WorkSafe Team, all the best and hoping for a safe holiday season. My best to all members involved in the racing industry, both horses and doggies, for another wonderful year. May 2006 shine on us all again.

                    To those people throughout all the businesses I managed to catch up with over the year - construction, tourism, development, finance, and banking - I wish you all the best. Whilst I do not like to single people out, I make particular mention of Jon Baker and Michael Lynagh: a great Christmas and happy New Year to our Trades and Labour Council friends and the union movement overall. Workers’ rights are under the spotlight and probably the greatest level of attack ever, and 2006 is going to be a pretty rough time, I would have thought, for the union movement. Therefore, it is important they know we are with them and stand beside them and their battles are our battles.

                    I wish all Territorians a safe and happy Christmas, and a special thank you finally, Mr Deputy Speaker, to my partner, Jenny, for all her support and total loyalty and commitment over the past year.

                    Dr LIM (Greatorex): Mr Deputy Speaker, tonight I voice my concern about the number of projects which have been shelved by this government since it regained government at the election in June of this year. I recall during the election campaign, particularly in Greatorex, that there was a huge amount of pressure being put upon me with their candidate, the current Mayor of Alice Springs. Apart from the profiled person who was used, this government poured huge resources into the election campaign and made many promises.

                    I kept a list of the promises that were made for Alice Springs to make sure that, if and when they won the government - which they did and they have - they would be brought to account and made sure they filled every election promise that they been made. I want to make sure this list keeps popping up so the government will be reminded, and they come to the party with the amounts of money promised. So far, I have not seen any evidence of that money, neither have I seen any activity on the part of the Mayor to lobby her Labor compatriots to ensure those promises are kept. She has been particularly silent about it, unfortunately. For a candidate who stood so strongly on her promise that she would deliver, as the Mayor, she has not done so at all.

                    One of the promises made was the $100 000 mobile police station which the government was going to install in Alice Springs …

                    Mr Henderson: It is coming; it is being fitted out.

                    Dr LIM: I hear the interjection from the member for Wanguri that it is going to happen. Well, when pigs fly it will happen too …

                    Mr Henderson: If pigs fly, I will paint it pink.

                    Dr LIM: … but let us see it happen …

                    Mr Henderson: It will. It is being fitted out.

                    Dr LIM: When it happens I will congratulate you but, until then, it has not happened and it is six months down the track and we are still waiting. It is funny, when I talk to the police on the beat in Alice Springs, they tell me: ‘Hey Limmy, the government is saying there are lots of police officers. Where are they?’ These are the people who are working in the industry, who are the police, and they cannot see where the increase in the number of police is, as promised by the government. What they are telling me is that they are all locked up in offices doing their desk work, pushing papers from one desk to another. In fact, every man on the beat is not there.

                    The next promise was $350 000 for a Todd River facelift. Again, I have not seen any evidence of any work at all along the Todd River. Since the removal of the couch grass at Heavitree Gap, which was commenced in the last year of the former CLP government and continued until the last term of this government, nothing has happened.

                    Then, there was the $1.25m Destination Alice program in tourism. There are a few smatterings of tourism programs going on at the moment, but I cannot say that you see any result from any advertising that Alice Springs has for this money.

                    The $8.1m heated swimming pool and water park - that is the one that everybody in Alice Springs hung out for during the election campaign. The Mayor, on behalf of the Chief Minister and her government, promised Alice Springs they would have a heated swimming pool and a water park at the current swimming pool site. Again, I have not heard anything much about it. At the moment, the council is still undecided as to whether it will lift the walls of the swimming pool to make sure that the pool is deep enough for the starting blocks, or dig into the base of the swimming pool to deepen the pool so that the starting blocks are then of Australian Standards. They are still waiting for a decision from the council and we all hope that the swimming pool will be ready for the Masters Games next year.

                    There was a $0.5m promise by the government for the soccer oval at Ross Park. Nothing is happening. I know the promise is for 2007-08, but you would think that at least there would be some planning going on now because it is only one short year away.

                    There was a promise of $130 000 for the Alice Springs Golf Course to investigate their water supply. Thank God, we had some rains recently, otherwise the golf course would be in absolute diabolicals at this moment. Fortunately, the rains we had last month made a big difference to the golf course. The fresh water has been a boon and has helped wash some of the salt off the surface.

                    There was a $150 000 grant for the Steiner School to fund 50% of the cost to purchase the land, and an interest subsidy for the remaining $150 000 to purchase the land, which totalled $300 000. I have not spoken to the Steiner School recently, but my information is that nothing has progressed this far.

                    Summer is now with us in Alice Springs, and we should now be looking at the reconstruction or refurbishment of the airconditioning at Ross Park Primary School. This is a $1.2m project over two years and I look forward to some work commencing this summer. Hopefully, in the next couple of years to come, the other $5m will be spent on Ross Park Primary School to refurbish what is otherwise an old school.

                    Then, there was the promise a la promise: to underground power in Alice Springs. This was something that the Mayor, as the Labor candidate for Greatorex said: ‘We will underground power in Alice Springs, not just do what the member for Greatorex wanted, to underground power to the Old East Side’. So far, talking to Power and Water, there is no money committed to this project whatsoever. The government has three-and-a-half years to at least commence this project. I will not hold them to the commitment that they will have to underground the whole of Alice Springs in this current term - that would be well nigh impossible - but at least let us see some start to it. Put some serious money into it. You are putting $20m to underground power in Nightcliff and Rapid Creek, and you could do something of the same content for Alice Springs.

                    The Mereenie Loop Road - $43m – as we said today, is at a standstill. Nothing has been progressed. I know that roadworks and earthworks have been held up, and Alice Springs will have to keep on waiting while this government continues to twiddle its thumbs about that.

                    The Central Australian Racing Association drag strip was promised $800 000. The government promised to match what the Country Liberal Party promised in June a year-and-a-half ago. Again, there has been no movement in this area. I know that the Minister for Sports and Recreation is sitting here and I hope that she will pull her thumb out and get going on that one.

                    Ms Lawrie: It is progressing well.

                    Dr LIM: What about the school crossing lights? Another promise, and I am sure that this is something in which the member for Braitling will be very keenly interested. $150 000 was promised by the government to put school crossing lights along Larapinta Drive. I have not seen any works, and on talking to some of the people in Transport and Works in Alice Springs, they said: ‘That has been shelved a long time ago. There is no money, no money’. So, there you are.

                    There was a $3m promise to build the Santa Teresa health clinic. I was in Santa Teresa only about a month ago and there is no evidence of anything happening out there. Fortunately for Santa Teresa, at least they have a good policeman there and they have a very strong arts centre with Keringke Art. Thank goodness for that, otherwise Santa Teresa would be really in difficulties.

                    Then there was the $500 000 urban enhancement program in parks in Greatorex. I am looking forward to that money. I am looking forward to the parks improved in Greatorex. That would be fantastic. At least now we will see that the council will not end up selling all those little parks, as they threatened to sell a few years ago. Had it not been for the action of several local members including me, and lots of demonstrations and meetings, and flooding the meetings of the town council, we were able to tell the council to back off on this proposal. Now the government, through the Labor candidate for Greatorex, promised $0.5m in urban enhancement in those parks. I look forward to seeing that money being spent in Greatorex over the next three years.

                    Then there were promises to upgrade the Alice Springs Railway Station. I do not have any amount of money recorded for that.
                    The other one was the Western MacDonnells Visitors Centre they were going to be build as part of the Chief Minister’s dream to make that into a world heritage park. I would support that as well, but let us see her put some money where her mouth is.

                    The big one is the Desert Knowledge Project. It is well and good for the minister to say we can put another $3m into it. The media did not think much of that. In fact, in the Centralian Advocate of yesterday, the headline was ‘$3m more fails to hasten project’. I will quote from the newspaper:
                      The Desert Knowledge Precinct has been given a $3m boost and a new schedule amid concerns over prolonged
                      delays at the site.

                      The long-awaited project will now cost $30m, with the first stage expected to be completed in 2008.

                    In reality, there is nothing much. The member for Wanguri spoke about the commencement of the Desert People’s Centre. That is really Commonwealth money provided to Batchelor College and to the Centre for Appropriate Technology to build out there. It is really not much in terms of the Northern Territory’s contribution to that project whatsoever. The Northern Territory’s contribution is really through the CRC for Desert Knowledge.

                    All those things have been promised. We see very little evidence of it, and it is really a clear indication that this government, while good at making promises, have broken the bank – the piggy bank for the Territory. They cannot afford to do anything now and are starting to defer projects in order to try to stretch its money as best it can. The media has been chasing this for quite some time. An article written only last week talked about projects that have been shelved, with belt tightening. This was written in Centralian Advocate of Friday, 25 November:
                      Projects earmarked for Alice Springs during the 2005 election had been shelved because of a budget blow-out …

                      The CLP yesterday pointed to the Desert Knowledge Precinct and Mereenie Loop as examples of projects put on hold.

                    And so on.

                    We have difficulties in Alice Springs with our economy. We would love to have some stimulus. This government has ability to do it if it so desired, and it is important that this government get on with it and prime pump some of the projects in Alice Springs. If not, we are going to keep suffering at the hands of this government. I know the government does not have much money left, but whatever money it has left, it should at least divert some of it south of the Berrimah Line to ensure that those living out of Darwin have a share of it.

                    Mr VATSKALIS (Casuarina): Mr Deputy Speaker, I would like to speak about the Dripstone Comedians, a group of young students in Years 8 to 10 at Dripstone High School. They have found a very innovative way of speaking to other young children about life in high school.

                    Robert Hall is the scriptwriter and he is supported by Anthony Hale, Rhys Higgins, Brenton Motlop, Nathan Jones-Cubillo, David Kruse, Matthew Grant, Paul Grant, James Clarke, Bradley Carter and Shannon Rioli under the instruction of their teacher, Sarah Kingston, and supported by the Corrugated Iron Youth Arts. They are visiting different schools and they made it into the newspaper. In the centrefold on Thursday in the NT News there was a headline: ‘Laugh Yourself Silly’. The story describes the young people finding a different way of expressing themselves, especially with the young students at primary school. They even had an interview on radio. The other day they were on the ABC afternoon program where they did a very good comedy sketch. I congratulate them.

                    I also congratulate K-Mart in Casuarina for a Christmas tradition every year. They have the K-Mart Wishing Tree Appeal and, on 15 November, I was very pleased to attend the launch of the appeal. K-Mart has been doing this for 14 years. They put up their Christmas tree with tags hanging from the branches and people are invited to donate their gift, which is wrapped and tagged as a gift for a boy or a girl. K-Mart, in the past 14 years, has managed to distribute two million presents to less fortunate children of society. Our society is very affluent, but there are kids who, come Christmas day, may not receive a present at all. By spending $10 and donating a gift, we can bring joy to a kid’s life - joy that money cannot buy. I invite all members to visit K-Mart in the next few days and donate a small gift for a boy or a girl and contribute to this appeal which is very significant.

                    As we are talking about Christmas, it is the time of year, the last parliamentary sittings for 2005, and with Christmas approaching, I extend my wishes for a merry Christmas and a very happy New Year to Madam Speaker and to you, Mr Deputy Speaker, also to the Clerk of the House, Mr Ian McNeill and Deputy Clerk, David Horton, and all the people in the Assembly, especially the people who support us all the time. A special thanks to Helen Allmich and her team in Hansard. They have now managed to fully understand my accent and when I pick up the printed version of Hansard, I find very few mistakes. Obviously, someone up there is either a very good translator or a very good listener! I thank them very much for that.

                    I thank the Director of Corporate Services, Vicki Long, the Building Services staff, the people who clean the offices, and the people who bring the mail, the couriers. In committees, I thank Terry Hanley and Pat Hancock, Joint Directors; Maria Viegas, Robyn Smith and Brian Lloyd, the Research Officers’ Liz McFarlane, Administration Manager; Renee Remfrey and Kim Cowcher, the administration assistants.

                    A special thank you to the drivers, George Bacic, John Dinoris, Wayne Kessell, Hardy Dunkel, Thor Schjolden and Gary Wilkshire who are always at hand and never complain when things do not go according to plan or events are running late or early. They are always helpful and professional. Of course, a great thank you to Owen Samuels who is sometimes quite loud, but is a fantastic person who keeps our cars clean and brings the newspaper. He knows all the gossip in the building, so beware of Owen. He is a great fellow with a heart of gold. Merry Christmas, Owen, and thank you very much for what you have done for us.

                    Thanks very much to my electorate office staff, Debbie - the one and only Debbie who is very professional, very patient and very tolerant. I do not know what I would be doing without her. She is the frontline of my electorate office and doing an excellent job. I am certainly very lucky to have her for another full year, and I am looking forward to 2006 working with Debbie.

                    Many wishes to my staff at Parliament House - Mark Hough, Chief of Staff, Ray Clarke, Donna Quong and Collin Hallenstein, advisors who advise me on all things considered; Gemma Buxton, the press officer, Eunice de Ramos, frontline the PA; Phillip Snape and James Stuchbery. Of course, I would like to thank very much and wish a merry Christmas and a happy New Year to Jailee Wilson and Nikola Lekias, who worked many years in the office and now they have gone to other, better and higher places. Best wishes and thank you very much for all your support. 2005 has been a very exciting year; it has been very demanding, with hard work, and we were very pleased with the election results.

                    I would like to thank very much a very good friend and my campaign manager, Andrew Fyles, his wife, Cheryl, and daughter, Natasha, and also extend my thanks and best wishes to all the people who helped us during the year, the campaign and the polling day. Your assistance was invaluable and I appreciate it very much.

                    To all my constituents in Casuarina, merry Christmas and a happy New Year. If you are travelling south to visit your families, please drive carefully. It is going to be very busy this time of the year, especially with the Wet in the Territory. Buckle up, do not drink and drive, do the right thing. We want you back healthy and safe.

                    For the people who going to stay together in Darwin, we are going to celebrate a fantastic Christmas this year. Christmas falls on Sunday, so we are getting two extra days, Monday and Tuesday, as public holidays. Of course, nothing happens between Christmas and New Year. It is going to be a nice, quiet and, hopefully, very wet. It looks like is going to be wet.

                    I also send my warmest wishes for merry Christmas and a happy New Year to my schools, Alawa Primary, Dripstone High School and Nakara Primary. I thank the school principals Lynn Elphinstone from Dripstone High, Barry Griffith from Nakara, and Sharon Reeves from Alawa, and the school councils. Thank you very much for allowing me to be a part of the school community and inviting me to share with you your assemblies and your meetings. I very much appreciate your support.

                    Special thanks to my parliamentary colleagues and Cabinet on this side of the House. Merry Christmas and happy New Year to the Independents and the members of the opposition. We are going to spend a lot of time together next year, so enjoy your Christmas with your families.

                    A big thank you and best wishes to my wife, Margaret, and my sons, Alex and Michael, for their support and tolerance in not seeing much of me in the past few months. Hopefully, we will catch up and get to know each other again over the Christmas period. Merry Christmas to all of you, and a happy New Year.

                    Mrs BRAHAM (Braitling): Mr Deputy Speaker, first of all I would like to acknowledge a national Young Volunteer of the Year 2005 award that was given to Fiona Clapham. Fiona is a 14-year-old and a student of St Phillip’s who has been a volunteer in Riding for the Disabled for the last six years, and now gives up 10 to 20 hours per week of her time to this particular service. Her duties include feeding and working the horses, training as a volunteer, side walking, leading during lessons, mentoring the other young volunteers and participating in fundraising activities. She is also the junior volunteer representative on the management committee.

                    Riding for the Disabled in Alice Springs was given funding to assist Fiona and her mother to fly to Melbourne for the presentation. Along with the perpetual trophy and beautiful plaque, Fiona has also won a scholarship for the syllabus to complete her RDA coaching accreditation Level 1 at the age of 15. Mrs Eva-Stirk, President of Riding for the Disabled Alice Springs, said that Alice Springs was very proud of Fiona and will support her continued commitment to the association.

                    She plays a large part in the huge task of maintaining the centre and its horses for allowing the riding lessons. Fiona said:
                      I love spending my time volunteering for RDA, and this awards celebrates and congratulates all volunteers that work very hard
                      to ensure that people with differing disabilities have a chance to develop a love of horses and riding as I do. I can’t wait to
                      begin my coaching accreditation Level 1.

                    Fiona has been interested in and loved horses since she was a young girl at Kulgera. Her father, a policeman, was stationed there and she attended many of the gymkhanas at Kulgera and, when they moved to town, her love of horses continued. We need to congratulate Fiona, a young girl who has received this award for her continuing contribution to helping the Riding for the Disabled organisation.

                    I want to make a few comments about the Croc Festival this year. I was disappointed that there was no government involvement in the Croc Festival ...

                    Mrs Miller: They don’t like them.

                    Mrs BRAHAM: It is a shame that the Minister for Employment, Education and Training does seem to have a dislike, or a lack of understanding of the Croc Festival. I was pleased to know that the Minister for Arts and Museums did contribute $20 000. There were over 2000 students from 50 schools there, and you may want to be critical and ask, as the minister has sometimes, what educational outcomes are there – it is very blas to keep using these terms – but, in fact, if he had participated with some of those students, he would have seen the great benefits.

                    They came from as far as the Warburton Ranges in Western Australia to Charters Towers, Katherine High was there, Bulman, and down as far as Ernabella. Not all schools were there participating in the performances. However, it was great to see the little kids from Canteen Creek, who were just so shy but so proud of being able to get up on the stage and perform. There was such a good feeling there.

                    There were 54 Alice Springs community organisations involved in it, as well as a large number of national supporters and sponsors. I have to congratulate OPSM who tested the eyes of the children there. In the first day when I was there they had tested about 150 and had given 18 prescriptions for glasses to young people. They made the remark that the eyes of the young people they were seeing were extremely healthy. That is a very positive comment to make for children in the Centre who are subject to the dust and flies and what have you.

                    Again, I say to the Aboriginal members of this parliament, you should have been there. Yvonne Goolagong Cawley was there coaching tennis with some of the young students. David Peachey, who is a Rugby player, was out there also, along with Aaron Pedersen, who is a local lad but is well known for his acting performances. They are great role models; all Aboriginal people who have succeeded in life and are so good.

                    I ask members of the Assembly, if you can get there next year, and if it does get to Alice Springs, please come and give your support. It is a little unfortunate that it costs so much to go there. However, the organisation is so slick now and, with the huge amount of equipment they bring, it seems quite an incredible task to do it. I have to admit that they impressed me. Walking around and listening to the young people and seeing what they offer them, it has to be good for them. It may be different, but it is no fun for the teachers, sleeping over with a number of students for a few days - it is hard work. Having it at Blatherskite showgrounds was much better than where they had it last year, as there were large pavilions for the students to sleep in, and that was a great plus.

                    It was an enormous amount of organisation and work and I congratulate the people who organised it. Mr Deputy Speaker, I seek leave to table this booklet of the Croc Festival for members’ information.

                    Leave granted.

                    Mrs BRAHAM: Thank you for that. As you know, Mr Deputy Speaker, it is that time of year when we wish to say best wishes and seasons greetings to everyone. I am always very wary about naming people as I am worried that I will leave someone out. However, seasons greetings and best wishes to all members of the Legislative Assembly: my colleague, the member for Nelson, members of the opposition and the members of government. It has been, as you would say, a long year, sometimes a hard year. Having got the election out of the way, next year will be much better.

                    I thank all the parliamentary officers, the Clerk, Deputy Clerk and all those members of the Legislative Assembly staff who assist members. There is no doubt that they are a very professional team and do a great job, so thank you all for them.

                    I want to make mention of Liz McFarlane. I wish Liz well and hope she has a wonderful Christmas with her family. I know she is going down south, and hope that all goes well for her in the future.

                    I need to also pass my thanks on to Robyn, my electorate secretary, who is such a loyal worker for me. Robyn has also had a hard year in that she has an elderly mother and a partner who is not well, but she always comes back smiling. Thanks to my temp lady, Kerry, who comes in whenever we need her. Our office is busy, with a large number of volunteers who use the office for their meetings and for photocopying - as you all do. The U3As seem to have taken it over, but it is great to have them come in and out and find out what is going on. To Lifeline across the road from me now, who come across and use our facilities. The Motor Vehicle Enthusiasts Club of Central Australia, the Quota Club, the Zonta Club, the Cancer Council, the Bosom Buddies and we have had the Heritage Group. Sometimes I cannot remember all of their names, but there are a vast number of people who come in. That is what makes being a local member so satisfying, as you do keep that contact with the grassroots and people feel comfortable in coming into your office and using your facilities, knowing that, wherever we can help you, we are there.

                    I want to say seasons greetings to my family. I am very fortunate this year that my daughter and her family are coming to Alice Springs to join with my son and his family for Christmas. Unfortunately, my granddaughter is in London – I should not say unfortunately, she is having a wonderful time. At Christmas time, I always think it is hard for young people when they are away from family. We certainly will be in touch with her over that period.

                    All in all, Mr Deputy Speaker, it has been an eventful year - a good year for the Independents, might I say. I wish everyone well and I hope you have a safe and happy Christmas and we will see everyone tomorrow, but also in 2006.

                    Ms LAWRIE (Karama): Mr Deputy Speaker, tonight I would like to make mention of a dedicated employee who, at the close of business on 9 December this year, will retire from the Department of Health and Community Services after more than 25 years of dedicated service. Mrs Alana Watling began work for the government in the Health Department in 1980. Her first position was in the Accounts Section of the old Darwin Hospital located at Myilly Point. Alana worked in this position for six months before a brief period in Records located at the former MLC Building. For the next 18 years, Alana held a position in the Forms and Resources Unit situated at Fannie Bay, and then moved to Royal Darwin Hospital.

                    In 1999, Alana joined the Pensioner Concession Unit and has contributed a great deal to not only the department, but to this unit, by providing thousands of senior Territorians with valuable travel advice and by processing the travel requirements. Her co-workers describe Alana as being dependable, reliable, professional and consistent in carrying out her work. She takes a no-nonsense approach to her work and is well respected and will be greatly missed by her friends and colleagues.

                    I thank Alana and, on behalf of myself as minister and the Chief Executive Officer, Robert Griew, I wish her well in her retirement. I had the pleasure of meeting Alana when I went out to visit the workplace just recently and I found her to be a very engaging, wonderful woman. I wished her all the very best for her retirement. I believe the skills she has picked up in handling the travel arrangements of senior Territorians will hold her in good stead for making the most of and enjoying her retirement. It truly is quite an amazing service when you look at 25 years of unstinting public service to Territorians. It is fantastic to do.

                    I also want to use this opportunity to highlight some of the achievements of my Department of Family and Community Services through this year. One of the interesting and great achievements was from Moogie Patu, an Aboriginal Community Resource Worker in FACS. Moogie is based in Katherine and works with communities around Borroloola. The Aboriginal Community Resource Workers are one of the new FACS initiatives. Moogie was joined with a colleague, Chicquita Peel, a Sexual Health and Blood Borne Virus Unit worker, and they were the only two participants from the NT out of 24 nationally, selected to participate in the Certificate II in Indigenous Leadership delivered through the Australian Indigenous Leadership Centre based in Canberra and sponsored by Citigroup.

                    I have been told the days were very long and the work very intense, starting at 8 am and finishing at 10 pm. Course subjects included governance, media training, strategic planning simulations, leadership opportunities and conflict management. It is great that we can attract and retain staff of this calibre and that the department can support them to further develop their potential to contribute to the community.

                    I also want to take the opportunity to thank Mr Gary Scapin, Senior Policy Officer of Community Services. Gary has worked for many years in the remote Top End across the Community Services portfolio but, principally, in the area of child protection. More recently, he has brought his considerable field experience into a policy role in head office. Last Wet Season, when Cyclone Ingrid caused havoc on the islands to the north, Gary’s network of contacts and knowledge of communities made him a natural to coordinate the welfare recovery aspects of the Northern Territory government’s post-cyclone response. Gary has done an outstanding job organising emergency relief to households to purchase food, distributing sandshoes to prevent infectious diseases, organising new bedding and mattresses and even whitegoods to help families and communities get back on track, and we thank him.

                    I also acknowledge staff from the Mental Health and FACS programs. I acknowledge the staff who put aside their usual duties to work alongside Royal Darwin Hospital staff in responding to the recent tragic Bali bombings. These staff used their counselling and welfare skills to provide support to patients, families and the emergency staff involved in the frontline response to this event. Our heartfelt thanks go to them for their dedication and commitment to supporting people in this time of tragedy.

                    I want to highlight the Kids in Care Christmas parties. Christmas came early for children and young people in out-of-home care across the Territory as they celebrated Christmas with their foster families. In November, Christmas parties were hosted in Darwin, Katherine and Alice Springs. About 500 children and carers attended the parties across the Territory. Many people worked particularly hard in a short space of time to plan these events, and I especially want to recognise the efforts of the NT Foster Care Association and CREATE.

                    Family and Children’s Services staff were also involved in the party preparations, presenting an ideal opportunity for carers and staff to work in partnership to plan an event of mutual benefit to children and their carers. The Christmas parties represented an opportunity to recognise the valuable role foster carers play in caring for young children and young people unable to live at home, and a way to say thanks to more than 220 Territorian carers. Feedback from foster carers has been very positive and the excitement on the children’s faces when Santa arrived proved no better indication of a truly successful event. Many local businesses sponsored prizes and treats for the children and their foster carers, and I extend my appreciation to everyone who contributed. Christmas is a time for family celebrations and, thanks to the continued tireless efforts of our volunteer foster carers, children and young people unable to live at home still have the opportunity to enjoy the true spirit of Christmas.

                    I want to acknowledge some highlights from the area of Sport and Recreation. I was in Katherine last week to attend the first Community Sport and Recreation Officers Conference. Several venues across Katherine were used, including the Katherine Sport and Recreation Club and the Katherine Training Centre. The conference, organised by the Office of Sport and Recreation’s Indigenous Sport Consultants, provided opportunities for Community Sport and Recreation Officers from throughout the Territory to build relationships across the regions. Funding for the conference was a joint effort from the Australian government agency, Department of Communications, Information Technology and the Arts (DCITA), and the Northern Territory Office of Sport and Recreation Indigenous Sports Program.

                    Guest speakers included the Senior Sports Consultant from the Australian Sports Commission Indigenous Sport Unit, the State Manager of DCITA, Alcohol and Other Drugs Unit from my Department of Health and Community Services, the Wellbeing Coordinator from the Council of Aboriginal Alcohol Programs, the State Coordinator from the Active After School Communities program and the Sport and Recreation lecturer at Batchelor Institute of Indigenous Tertiary Education. Sessions were also conducted by the Office of Sport and Recreation staff members.

                    About 70 people attended the conference, including nine Sport and Recreation staff members from all regional offices. Forty-five participants were Community Sport and Recreation Officers from throughout the Territory. Sixteen of the Community Sport and Recreation Officers were female, which was fantastic. Three Sport Development Officers from cricket, softball and touch football peak sporting organisations were also in attendance to explain their great sports.

                    The conference provided participants with professional development opportunities in several specific sports, junior play for life game sense concepts, and harassment free sport. Sessions were conducted on specific issues such as substance abuse, alcohol and other drugs, career paths, writing grant submissions and an overview of the national sport industry and how it links communities with sporting organisation. A highlight of the last day was a series of sports-based activities culminating with a softball challenge match between the female and male participants. It was a close fought game, with the male team just winning. However, the female team showed the men how to really play the game.

                    The conference was very successful, and it is anticipated that the event will be held biannually. Feedback was positive from participants, indicating that they felt more confident in delivering a wider range of sporting programs and a range of sports that would cater for all age groups and genders in their remote communities. Another positive outcome is that Sport Development Officers who attended the conference have commenced negotiations with several communities to run a series of sport and recreation programs in 2006.

                    I also take the opportunity to thank people who have worked with me throughout the year. 2005 has been a challenging year for each of us as members; we have had to face an election. We all know that that requires a great amount of personal commitment and effort but, importantly, support from a team of good people around you. I acknowledge Greg Wills. Without him, I do not know whether I could have sustained the effort of a campaign. He is a very gentle, caring and considerate person who put in a tireless effort as my campaign manager, taking leave from work to commit himself to the campaign. Greg is a great member of the Karama community. He is a man of immense talent, knowledge and consideration, and I thank him for his support.

                    I also thank Sandy Oldroyd and Tissa Ratneyeke. They have been stalwarts in the Karama area; they are committed to the community and are great workers. I acknowledge that they are always there with terrific advice. Rita and Kevin Cluley never cease to amaze me that, in their retirement, they can be so busy and give themselves so generously to their community. I thank them for the tremendous support that they have shown me throughout the year. Mark Wheeler was a fantastic campaign worker. He has always enjoyed the cut and thrust of campaigns, and his ideas were fantastic. It was a great pleasure to work with him. I want to thank Giovanna and Grahame Webb who, whilst they are not members of the party, have been tremendously supportive to me personally. I acknowledge their business skills and prowess, and support that they have given me throughout the year.

                    John Tobin and Margaret are two wonderful people who live in the Karama community. My prayers will be with them this Christmas as they go through their first Christmas without their eldest son, Steven. They are a fantastic loving family. I know that the Steven’s loss has reminded all of us how precious our children are. I extend my best wishes to them and their sons, Greg and Drew.

                    I thank the staff who work with me in my electorate office and my ministerial office: Christine Gray, David Money, Kate Worden, Nikola Lekias, Maria Paterakis, Lu Steuart, Anthony Burton, Trish Schebella and Kylie Bell. They have all been fantastic sources of support for me in my professional working life. I also want to say a special thanks to my mother, Dawn Lawrie, who has been supportive both professionally and personally to me.

                    I want to acknowledge the fact that I am a very fortunate person to have tremendous children. I stood here last year with a newborn son. He is now a flourishing, outrageous and very active one-year-old. He never ceases to amaze me; his loving zest of life. He is bringing such joy to my life. I want to acknowledge my daughters, Jhenne and Bronte. They are phenomenal sources of love and support to me. We have been through a rough time, but they are so much fun and so strong. I want to thank my sister, Dianne; a special woman. She had close to 25 years service in the Navy. She is highly regarded and respected by all her peers, and is very much a rock of strength, support and inspiration in my life.

                    I acknowledge the support given to me by my father, John Lawrie. He brings great humour into my life. He is a natural historian when it comes to the Territory; he has been here since the 1950s. He loves this place and never ceases to remind me about the value of working hard for our community. If ever I am in doubt about anything in the past of the Territory I ask him, and he is a source of amazing information and knowledge. I thank my father, John, for his support and guidance. I also acknowledge the great support I have received from my brother, John and my sister-in-law, Tania. I am very much looking forward to having them back briefly from Saudi Arabia to enjoy the post-Christmas celebrations.

                    Finally, I thank my colleagues. I have enjoyed working with a good team of people for four years. I have loved meeting and getting to know the members who have come in this year with the election. We are a greatly enhanced team. The diversity of our team is a joy to work with and I feel very honoured to be a part of the Labor government team. I know that there are a great many people who work behind the scenes for us all who are committed and talented people and I acknowledge them and thank them for their efforts.

                    I thank the Assembly staff. We have a highly professional team of dedicated hardworking Assembly staff, from the Clerk right through. I make special thanks to Graham Gadd. He was a great source of strength and support in working with me in the Environment committee. I actually miss the long hours we spent together creating pretty groundbreaking work in terms of an EPA proposal for the Northern Territory, which I am seeing now come to fruition through the hard work of my colleague, Marion Scrymgour, and I thank her for that.

                    I also join with the member for Braitling in giving my best wishes to Liz McFarlane, who is a wonderful woman. I know that she is very much looking forward to time with family. She is in our prayers and I look forward to seeing her in the new year.

                    Ms CARNEY (Araluen): Mr Deputy Speaker, tonight I want to talk in both general and specific terms in relation to the prisons in the Northern Territory. The member for Nelson asked a question earlier this week. At the rate we are going, given the problems in our prison systems, we could ask questions for weeks on end. I will take this evening’s adjournment to put some things on the Parliamentary Record on behalf of some prisoner officers who have come to me expressing concern. Many matters are in the public domain, but I will, for the purposes of Hansard, go through them shortly. However, in the meantime. I would like to raise some very serious matters which may go towards explaining what is the mess of our prison system in the Northern Territory.

                    Some documents came my way. What a lucky week it has been; documents have been coming my way for some time and I look forward to receiving more. The documents I have recently received are from prison officers who have raised specific, detailed, and well-founded complaints against a senior officer. It is not my intention to name that senior officer, for obvious reasons. I have too many documents to go through; however, these prison officers have raised a number of concerns. I will go through some of their concerns and then I will refer to a letter written by the Minister for Justice and Attorney-General that explains where this senior officer - the person about whom so many very serious complaints were received - ended up which, as I said, might explain some of the difficulties currently being experienced by prison officers around the Northern Territory. It also may have gone towards explaining why it was that the Prison Officers Association in the Territory took the unprecedented action of placing a full-page advertisement in the NT News on 10 September. It costs a lot of money to place a full-page ad - a coloured one at that - in the NT News. Readers will have heard from the prison officers why they are so utterly miserable in their job at the moment, why they feel so hostile towards senior management, and why they feel so hostile towards the Minister for Justice and Attorney-General.

                    It was the case that the senior officer in question was based at the Alice Springs prison. In essence, there were a number of complaints relating to bullying, harassment and other unacceptable behaviour for anyone in the workplace but, in particular, a senior officer. There was one incident where a number of members had gone to a motivational seminar and this senior officer told those present - I think there were about 20 officers present; he completely demoralised them, frankly – ‘If you do not like the job, then you can leave’. One officer then wrote to the powers that be and said he found that statement and, indeed, the attitude of the senior officer, to be, and I quote:
                      … grossly demeaning and inappropriate. Surely, the 16 participants on the course, after completing two performance
                      appraisals, an exam and an interview were chosen due to the fact that their performance and attitude presented the
                      leadership qualities required to fill a future senior position.

                    The author of one memorandum went on to say:
                      I found the comment insulting, as being a 30-year old adult, I feel that I am intelligent enough to understand that if my chosen
                      vocation was affecting my demeanour and/or personal life, I would take it upon myself to choose alternative employment. I find
                      it belittling that the superintendent believed he needed to spell out this rather obvious conclusion to me. I also found the flippant
                      and arrogant attitude the superintendent directed toward these 16 people, who were about to embark on a motivational course
                      sponsored by the NT government, inappropriate. His attitude and presence at the beginning of the course certainly did little to
                      inspire this group …

                    Another officer in another complaint - this occurred last year I should add - also wrote a memorandum and said of the senior officer’s behaviour, and I quote:
                      I found this to be a very negative attitude from upper management, considering that we were about to embark on a team
                      leadership course.

                      It is difficult to understand the agency’s willingness to spend money on motivating staff and injecting a positive outlook for
                      the future, when comments such as the one which was made at the beginning of the First Class Course by yourself …

                    This particular memorandum was sent to the officer in question:
                      … create such a negative and pessimistic view of where you plan on leading our institution. It is also hard to believe that
                      you do not understand the impact your position and your comments have on staff. I am sure that you are aware of the
                      benefits of high morale and the positive attitude of staff. The impact they have on staff retention, sick leave taken,
                      productivity and effective management of both prisoners and staff.

                    It goes on, and on and on. Another memorandum earlier this year refers to an incident involving language that is decidedly unparliamentary that was alleged to have been used by this officer in question.

                    There are a stack of documents which were delivered to me in this envelope that outline a history of outrageous and appalling behaviour. I should also say the senior officer in question, on a separate occasion, stood down two junior officers for reasons that were, ultimately, found to be inappropriate, or their dismissal was found to be without foundation resulting in the superintendent writing to the officers in question apologising and saying that his decision to stand them down without pay was made without delegation, and that he regretted the decision and any anguish or stress that may have been caused by standing these officers down.

                    That is not, on any objective analysis, the behaviour of someone who is then put into a position where he has the responsibility of overseeing training and dealing with young officers. What happened after all of these officers made complaints to the Officer of the Commissioner for Public Employment - who I might say, advised the officers or some of them that various complaints made against this particular individual were dealt with in accordance with the Public Sector Employment and Management Act - as a result of the complaints, the officer in question was formally cautioned regarding his behaviour and was subsequently transferred from his position as superintendent.

                    This man, having been dealt with by the Office of the Commissioner for Public Employment, where does he end up? In a letter to one prison officer in August 2005, the Attorney-General wrote to this bloke and said that the senior officer was appointed to the temporary role of General Manager, Training and Staff Development on 27 June 2005. The minister went on to say:
                      He was appointed to this position in order to strengthen the training and staff development in Correctional Services and the
                      appointment is in line with recommendations made within the adult custodial review …

                    This particular officer:
                      … brings to the position a broad knowledge and understanding of the training required by prison officers given his former
                      role as a prison superintendent.

                    Needless to say, no doubt this is why all of these documents have been provided to me. The prison officers are aghast and appalled that this senior officer is now responsible for overseeing training. He is dealing with young officers. At a time when prison officers are complaining inter alia about low staff numbers, they have someone who, frankly, on the basis of the material provided to me, simply does not fit the bill.

                    Is it any wonder that the Prison Officers Association have agreed to a no confidence motion in management? The Prison Officers Association has called for the sacking of executive management. This is about as serious as you can get: to call for the sacking of senior management in a government department.

                    The minister for Justice is also the Minister for Health. It is no coincidence that nurses and staff at Alice Springs Hospital have had a vote of no confidence on the books for months and months and months about senior management in Alice Springs. Apparently, the minister is unconcerned about that. If he was concerned about it, there would have been changes - but, no. Still people come into my office and share with me their concerns about senior management.

                    We have a minister, clearly incompetent, at best unlucky - although my money is on incompetent - because he only has two departments, admittedly very big departments. Corrections is part of the Department of Justice and it should not be; it should be separate and it was the Labor government that put Corrections into the Department of Justice. I made a commitment prior to the election that Corrections would be separated from the Department of Justice as is properly the case. It should occur, and I will stand by that promise because Corrections should not be part of the Department of Justice.

                    In any event, we have a minister who is the minister for Corrections, although he is calling himself the Minister for Justice and Attorney-General. We have a vote of no confidence against senior management there. This man is also the Minister for Health, and there has been a vote of no confidence against senior management in the Territory’s second largest hospital. Should this normally concern people, Mr Deputy Speaker? I would have thought so. Does it concern the minister? No.

                    In Corrections, we have what is the highest number of prisoners ever in the Territory; certainly the highest number of indigenous prisoners for years, and probably ever. I still note the deafening silence of some of those people in the legal profession who were very vocal some years ago when there were fewer indigenous prisoners in our prison system. Clearly, they were Labor supporters because, if they were middle of the road in their politics, they would be screaming blue bloody murder under this government for the high rate of indigenous imprisonment in the Northern Territory.

                    In any event, in overall prison numbers in both of our prisons, I think they are very close to 100% capacity, perhaps 96% or thereabouts - very high. The prison officers are deeply concerned that they are not getting support from senior management. They are overworked and battling against the odds. This is an issue that the minister for Justice simply refuses to deal with.

                    I caught the end of what I think was a radio interview today or yesterday in response to some of the matters raised by the member for Nelson. In typical fashion, the minister for Justice tried to fudge the whole thing. The suggestion was that it is just part of some industrial argy-bargy. Minister, this is not part of industrial argy-bargy; this is fair dinkum stuff that has been going on for the better part of two years. In fact, in the advertisement that the prison officers put into the NT News on 10 September 2005, they said, and I quote:

                      In 2003 the Territory’s two prisons were in crisis. There was a shortage of staff, overtime was out of control, prisoners were
                      being locked down for 23 hours a day or more many times a week, there were protests by prisons, sit-ins by prisoners,
                      and staff were exhausted. Conditions in the remand block which too, was overcrowded, were deplorable.

                    This sums up, Mr Deputy Speaker, and I am running out of time, therefore, I must finish in 30 seconds or so.

                    The state of our prisons is not good; in fact, it is appalling. When prison officers see senior officers who have been bullying, harassing and acting inappropriately transferred to become overseers of training and dealing with young officers, no wonder the prison officers are furious. They will remain furious until the minister for Justice takes some action. He has not conducted himself well. He could have his break over Christmas, come back in the new year, and do what he is paid to do; that is, listen to and respect the needs and wishes of Territory’s prison officers.

                    Ms ANDERSON (Macdonnell): Mr Deputy Speaker, it is with great pleasure that I talk about a Community Cabinet function that was held at the Milky Way Caf on Monday evening, 3 October. The Milky Way Caf is 12 km from Alice Springs at the site of the old Chateau Hornsby. It is unique venue dedicated to viewing, discovering and learning about the night sky. Owned and operated by Land and Sky Productions, the directors are Arifah and Laksar Burra.

                    Laksar and Arifah have been running tourism operations in Central Australia since 1996 and their Sands of Silence tour at Yulara was very highly regarded. In 1997-98, Laksar won the Northern Territory Brolga Award for the Most Outstanding Contribution to Tourism by an Individual. This was followed in 1999 with a Brolga for Culture and Heritage.

                    The tourism industry in Alice Springs is very fortunate that Arifah and Laksar have established the Spirit of Night Sky at the Milky Way Caf. The Spirit of Night Sky is an award winning presentation of the southern night sky, bringing together scientific facts, practical knowledge and story telling in an entertaining and culturally appropriate way. For over a decade, Laksar and Arifah have collected a wealth of night sky folklore from around the world and, in their words, their ‘passion is to bring people from around the world together under the magnificent night sky and to share our common cultural heritage’.

                    They have developed the most fabulous setting in which to share their passion. The venue is fabulous. They have done considerable work upgrading the old Chateau Hornsby with high tech lighting displays, a zodiac feature garden, powerful telescopes for viewing the wonders of the heavens, and the Seven Sisters Gallery, which features early Australian astronomy, and Aboriginal and western night sky art work, meteorites and space imagery.

                    It was in this brilliant setting that ministers Burns and Henderson hosted the Community Cabinet function for residents from the rural area of Alice Springs, with a great turnout of residents from the rural area and both ministers Henderson and Burns in good form. It was a good night, and I thank both ministers as they certainly won the respect of all residents who attended. The functions were also very well catered for by Sadadeen Party Hire. The owners of this business are also rural residents, so it was a real blockies function. I thank everyone for attending and making it such a wonderful function. Finally, I urge all members of this House to spread the word amongst their friends that the next time you are in Alice Springs, take a magical Night Sky Tour at the Milky Way Caf. You will feel transformed.

                    On 15 November, I had the great pleasure of attending the official opening of the multipurpose facility at Papunya School. This opening is the start of an exciting era for the students of Papunya, who will be able to access accredited secondary courses in their own community. The Collins Report emphasised the need for appropriate infrastructure for secondary education and the provision of this facility means that secondary courses will commence in 2006. I commend the federal government for committing $1.05m to build this facility, which includes sophisticated information technology that gives every student the opportunity to succeed. Historically, the youth of Papunya wanting to access secondary education had to relocate to urban boarding schools, and this has acted as a real disincentive that is clearly seen in attendance records of students. The school council is very confident that with the advent of the new facility and delivery of mainstream secondary courses, Papunya School will be able to offer tailored program for over 30 secondary aged students.

                    Thanks must go to all members of the school council who have been involved in this project from the start. I want to single out Kapanani Anderson, the chair of the school council and a senior teacher at Papunya School for particular thanks. She has been the backbone of Papunya School and has worked tirelessly to improve the educational opportunities and outcomes for the people of Papunya over the years. She did a magnificent job in coordinating the opening of the secondary facility. Thanks must also go to Amos Egan, who proposed the concept of the honey ant design.

                    The school site itself is the birthplace of the Western Desert Art Movement. It is the place where Mr Patterns (Geoffrey Bardon) encouraged artists to use boards and acrylics to reproduce traditional sand and body paintings. There is also a rich history of musical endeavour and talent. Papunya residents place a high value on education and all families turned out to the community education days that are held twice each term.

                    The opening of the secondary multipurpose facility provided me with an opportunity to donate some books to the centre. These beautiful books, written by or about Aboriginal people in Central Australia, provide an opportunity for young people to connect with their history and to see positive images of Aboriginal people. I also thank Robert Hoogenraad of Alice Springs and the Minister for Employment, Education and Training, Syd Stirling, for their generous donations of more books to mark the opening of the Papunya secondary facility. We share a vision that developing a culture of reading in our indigenous community is vital to improve education outcomes.

                    I thank the community of Papunya. I hope that this facility will result in a steady stream of senior secondary graduates from Papunya, educated and ready to take their place in the world. Hopefully, Papunya is nurturing future members for the seat of Macdonnell, as they did with me.

                    Finally, as this is the last parliamentary sittings before Christmas, I take this opportunity to extend Christmas greetings to all Territorians and, in particular, all residents of the Macdonnell electorate. The Christmas period is a very special time for Territorians. It is a time when we get together and share with our families, friends and communities. Whatever our religious beliefs, Christmas represents a very special time of the year. In every community, the Christmas lights have been put up and this brings untold joy to children and adults alike. Communities in Central Australia are transformed with decorations, colour and light. They shine like beacons of hope for a better future.

                    I pay particular tribute to the residents of Santa Teresa where every family gets involved in decorating their houses. Visiting Santa Teresa during the Christmas period is a sight to behold and you feel the message of hope that Christmas brings.

                    For many Territorians, the Christmas period represents the only opportunity to catch up with family who live so far away. Each year, families undertake the long journey south to join their loved ones, where they encourage their families to make the trek north. For many of our indigenous residents, Christmas signals the onset of Ceremony season, people gather together to perform ceremonies that have been performed on this land since the beginning of time.

                    Madam Speaker, I am very concerned that this Christmas will be the last year Territorians will fully enjoy these traditions because of the federal government’s work choices legislation. In the last few weeks, it has become clear that soon it will be possible to force people to work on Christmas Day without any penalty rates. I am concerned about the impact on families and the Christmas traditions that have been established in the Northern Territory. As a Christian, I believe we should heed the lessons of Christ and not prioritise profits over people. Finally I want to say, enjoy Christmas, stay safe and be careful on the road.

                    Mr KNIGHT (Daly): Madam Speaker, tonight I extend seasons greetings to the electorate of Daly, citizens of the Northern Territory and, of course, my parliamentary colleagues. I wish them a happy Christmas and a prosperous New Year.

                    I would also like to acknowledge the movers and shakers in the Daly electorate. As a local member, I rely on this community interaction so that I can be an effective conduit to government. Without their involvement, the rural areas would remain static as they play an important role in the future development, sustainability of the economy and the environment of this rich electorate.

                    In the Daly communities we have many volunteers, whether they are with the Bushfires Council, the emergency services in the regional towns, school councils, people who participate in groups such as FrogWatch, Scouts or local sporting organisations. I also acknowledge that the hard work and involvement of the senior citizens who carry with them a wealth of history and knowledge and also provide the invaluable help in these small regional towns to develop social structures.

                    The first five months of my position within the Legislative Assembly has certainly been a huge learning curve. I thank my electorate officer, Julie Morris, who has settled into the job. We are both learning quite quickly the roles that we play. I acknowledge the support I got early in that electorate office with Darryl, Dan and Ryan.

                    I also acknowledge the help I received from the Legislative Assembly staff. I would like to particularly, but not exclusively, send my sincere thanks to Vicki Long who in the early stages was very helpful, and to Ian McNeill who provided a lot of the training early on. I thank my ministerial colleagues. They have certainly been very helpful. They are listening and pushing the issues of the Daly electorate forward. I thank the ministerial staff; they certainly have been very helpful. I acknowledge their help and thank them very much.

                    Moving around my electorate, I would like to thank some supporters in Pine Creek. I thank Robbo, Skins, Leonie and Joyce Shaw. They have been very helpful to me. We have a very hardworking council in Pine Creek; they are very progressive. I really enjoy working with them. They have a lot of ideas and really look after the town. We have a great school in Pine Creek and I look forward to the enrolment numbers growing and getting the second teacher back, and the opening of their administration building next year.

                    Pine Creek’s future is really looking up with the two mining projects there. I am heavily involved in making sure that we get as much local employment through these projects next year. We have a lot of meetings happening this month and will be taking through the new year. I can guarantee the locals in Pine Creek looking for work, if these mining projects go ahead, we will try to provide them with training so that they can actually get these jobs.

                    I would like to thank and give my condolences to Patty Smith, a friend of my family. She lost her husband this year. She is a dynamo in Pine Creek. Her business is up for sale so if anybody reads my adjournment speech and is interested in buying a business in Pine Creek, The Diggers Den is up for sale and certainly a great business down there.

                    I thank everybody at Kybrook. They are a huge part of the Pine Creek community with the work they do there with their ranger program. I look forward to being heavily involved with them next year, both in their business development and getting employment with the mines.

                    Adelaide River is a very interesting community. This community is a very tight one. The show society – the ARSS club, as they call it - is planning bigger things for next year. We hope to have a stage finished so that the talent quest and various other events, like the races and the show, will have a stage for people to provide their entertainment. Power has been an issue there and we are working very closely with that community, and we hope that the spur line is resolved.

                    I would like to thank a couple of people there. There are so many more to mention, but I thank Linda McIntosh, who has been very good to me, and her mother, Maddi. The community is really moving ahead. It is just a matter of me playing my part in that. They have an economic development plan taking shape, and I thank Sharyn Innes for her involvement in that plan. I will be assisting them to advance that economic development plan through the NT government where it is required. It includes rebadging the town, and it is certainly looking very exciting for next year.

                    The Mataranka community is another tourist attraction in the Daly electorate. I will be strongly supporting them in improving the facilities there to attract more visitors to town. I am delighted to hear that there are new owners at the homestead, and I look forward to them settling into the community and providing a great tourist attraction.

                    Larrimah is another community with which I have a lot of contact. The work of Barry Sharpe and Ann Kanters in providing better facilities for the communities is excellent, and we hope to continue things down there. Fran, from Fran’s Teahouse is one of the best cooks around. If anyone is travelling down the Stuart Highway and wants to have a bit of a break, please drop in and see Fran. She puts on a great feed and is a lovely person to talk to.

                    The King River area has become synonymous lately, unfortunately, because of its location for the proposed nuclear waste dump. I extend my sincere thanks to Barry and Val Utley for their input into the campaign against the nuclear waste dump. I hope they can sleep easy this Christmas. They certainly have been put under a huge amount of undue stress in the latter part of their life, sadly, but we will continue to fight on with that campaign.

                    Joe and Judith Tapp who live close by King River Station recently bought the property. It was fairly run down and they are doing a huge amount of work in upgrading the station. They are affected by the waste dump, too, because the King River flows straight through their property and they are adjacent to the Utleys. I guarantee them that we will be assisting them as well.

                    I would like to thank a good friend of mine in Katherine who provides a lot of help to me and my family: Jo Nicol and her husband, Sam, and young fellow, Dylan. I wish them a very merry Christmas and I hope to see them in the new year.

                    The Batchelor Town Council is another exciting group of people. The CEO, Lisa Wain, is in regular contact with me about a whole range of issues for the community. I can guarantee the people of the Batchelor township that Lisa is certainly raising their issues wherever she can and doing the best for her community. They have an economic development plan and that is progressing very nicely. I am in contact with the plan and advancing it where it comes up against barriers within the NT government, which has not been the case so far, but we will keep it going.

                    Their gamba grass action plan has been exciting and successful. It is very much community driven. There are a lot of partnerships involved in the plan, and I thank Jamie Paige who has worked very hard with the local communities in Batchelor and Adelaide River. There is a lot of excitement that the mine might be opening and we look forward to more information on that.

                    I also give thanks to Guna Deva, who works at the Woolaning Primary School and lives part-time in Adelaide River. She won the first annual teacher’s award this year and I am very excited about that.

                    The Dundee area, including the beach and Bynoe Harbour, has a whole lot of issues and we are quite aware of them. I hope to have a forum in the new year with various government departments to advance the issues at Dundee. It is a challenging area and, if we can work through those issues, it will fast become one of the bigger towns in the Territory.

                    The rural area is a large part of my electorate and I want to acknowledge the hard work which the Berry Springs School Council does, and the work of Sheila Delahay. She certainly works very hard in that community. I was there recently to present some cheques to a couple of students whom I had the good fortune of having in my electorate. Mitchell Mullin was selected as the captain of the Under 13s NT cricket side. I was very proud to give him some assistance to get down to - I think he is going to Melbourne. Chantel Braam is competing in the Pacific School Games. Just this Monday, she came 12th in the girls discus throw for the Under 10s and 13th in the girls 80 m hurdles. People from all around Australia and New Zealand are competing at the games and I am very proud of their efforts.

                    I want to acknowledge the hard work - especially this year when there were some bad bushfires in the rural area – of the bushfire brigades that do exceptional work. They put themselves on the line. It is all volunteer work and I am very proud of those guys.

                    In the Douglas Daly area where I have been a couple of times, it is an exciting area. Phil Howie was elected again as the President of the Progress Association and I look forward to working with Phil. I wish everybody there a merry Christmas. They had about five babies born recently, so they will be experiencing their first Christmas. I certainly will be working next year to take a look at the town site there and how we can progress that.

                    I also want to acknowledge someone I came in to contact with this year, Mr Mike Ostwald at the Mary River Nature Park. He is a very hardworking man who has developed, along with his wife, Gina, an excellent resort. If anyone is interested in birds, that is the place to go. I want to acknowledge that someone in the Territory is actually developing one of these unique attractions.

                    Lastly, I want to acknowledge my family - my wife Tracey, who has put up with and given so much to the campaign and to my role in the parliament. I hope we can both enjoy a great Christmas break and that I can try to fit a bit more of my life back into hers. Also, we have three children, Jacob, Dakota and Lily. I hope we have a nice Christmas away and I can try to play a bit more of a fatherly role in the new year and balance it with my work.

                    I wish everyone a merry Christmas. It has been an exciting time for me in this House, and I look forward to the next three years. I hope that everyone has a safe and prosperous Christmas. I give my thanks to everyone in this House who has waited around, and I hope we all come back in fighting fit form for the new year.

                    Mr BURKE (Brennan): Madam Speaker, I would like to start at the outset by thanking my wife, Sharon, for all of her support, help, counsel and agreeing to my running at the last election. I could not have done it without her. There are not the words to give her the recognition that she deserves.

                    I congratulate my daughter, Leesa, on completing Year 11 in such outstanding fashion. Leesa, your hard work and dedication has paid off. I realise that my going into politics impacts on you and will continue to do so, and I thank you for your understanding. Enjoy your holidays. Before you know it, you will be finishing Year 12 and waiting to hear back from all those universities.

                    There are many weeks when I leave before my son, Brandon, is awake and I do not return until after he is well asleep - tonight is an example. For the sake of posterity, in case he ever happens to read Hansard, I want to say, Brandon, that I treasure every moment I get to spend with you, and I look forward to seeing your face on Christmas morning this year.

                    I have previously provided the Assembly the details of my younger son, Flynn, who was born this year. He is almost visibly growing before our very eyes. He may not let me sleep the whole night through just yet, but I love him just the same.

                    I again record my thanks to the rest of my family for their support: my mother, grandfather, sister and brother-in-law. I am, indeed, very lucky.

                    I take this opportunity to congratulate my friends, Anthony and Heidi Snell on the birth of their daughter, Grace Quinlin. I am sure she is already the apple of her parents’ eyes. The photos that were sent to us via e-mail, I am sure, do not do her as much justice although she is a very cute little baby.

                    I would like to thank Naomi Porrovecchio again for her continued assistance, and thank the members of the Palmerston Branch of ALP for their help and their ideas. I wish Shad and Crystal McDonald a very merry Christmas. Thanks to them for their assistance ensuring newsletters have been delivered, and for a variety of other tasks too numerous to mention.

                    I would like to recognise the important work of Ms Ally Richmond at the NT Working Women’s Centre. I first met Ally when I was an official with the LHMU. Ally and the centre provide support and assistance to women of the Northern Territory. I sincerely hope that the new industrial relations framework does not lead to an increase in work for the centre.

                    I recognise the hard work and great achievements of Gray Primary School. Cindy McGarry and staff do a fantastic job. I would also like to mention Trish in the front office. I have been in the office and watched Trish deal with many different issues all at once. She is a lady of tremendous community spirit and commitment.

                    Gray Primary School has a very good school council. So do Bakewell and Moulden Park Primary Schools, and also Palmerston High School. I would like to thank them for accepting me so warmly. Peter Chandler, Maryanne Muller, Russell Ball and Kylie Drysdale, you and other parents all do a very important and irreplaceable job. Thank you for that.

                    I would like to thank June Wessells, Maureen Devine, Greg Jarvis and Chris Dias, principals of Bakewell, Woodroffe, Moulden Park and Palmerston High Schools, for taking the time to explain to me the issues that they are facing. There are issues for government to resolve in public education, in Palmerston and elsewhere throughout the Territory. I will do my level best to be responsive to the needs of Palmerston. Keep giving feedback as well as voicing your concerns. I would like to acknowledge Helen Armstrong at Bakewell, who was a very convincing Snow White at the Bakewell Book Parade, although June’s Rapunzel was pretty good too.

                    I would like to congratulate Bronwyn Clee, who is based at Moulden Park Primary School. She is working wonders. Indeed, this is a good point to mention the FAST program. It won an award during NAIDOC week in Palmerston earlier this year, and has picked up another as part of the Australian Crime and Violence Prevention Awards. The program is also running at Gray Primary School.

                    The People in Palmerston Parks, supported by Palmerston City Council, also won an award at the Australian Crime and Violence Prevention Awards. PIPPs is a wonderful community program encouraging use of parks in Palmerston. Hopefully, the member for Drysdale and I can encourage the Palmerston City Council to put in some public facilities at the parks.

                    I enjoy visiting all the schools in Palmerston and being part of their communities. I have not confined my school visits to public schools and I acknowledge the great work being done at Good Shepherd, Palmerston Christian and Sacred Heart Schools.

                    I was recently part of a team that took part in the Ambrose Golf Day for School Sports NT on 11 November. The member for Drysdale also had a team there. I thank Mr David Amidy, Ross MacAndrew, Eric Smith and Dan Flesfadar for a great afternoon of golf and for being much better golfers than I am. I know that Cath Neely will be trying to attend next year’s golf day.

                    I would just like to record for Hansard a quote from Mr Greg Jarvis, the Principal at Moulden Park’s Primary School: ‘What did the fish say when it hit the wall? Dam!’

                    I would like to record my thanks to the officers and staff at the Palmerston Police Station. Greg Dowd and Andrew Heath lead an excellent team and Palmerston is well served.

                    I recently attended the Palmerston Golf and Country Club presentation night. It was an excellent night, and not just because my grandfather picked up a couple of awards for his bowling prowess. I also managed to catch up with some old family friends, the Simonato family.

                    On the same night as the Palmerston Golf and Country Club presentation, Tom Finlay opened his new joint. Anyone who knows Tom and Anna can but marvel at their energy and enthusiasm. I encourage all members to have a look at the new joint and talk with Tom about his grand vision. Check out the dragon as well.

                    We recently observed Remembrance Day. Congratulations to the Palmerston RSL for the program they put together. The Palmerston branch is not a big branch, which often means that much work falls on to the office bearers. Congratulations to them. I enjoyed talking to Beryl, Houghie and Kevin McIntosh, as well as Bert Amey, Ken Simes and Carl Ejnar Sundqvist on the day.

                    Vikki Baldwin, the campus leader at CDU Palmerston Campus, continues to build on fantastic results. I look forward to meeting up with her for lunch or dinner at the training restaurant at the campus, which is an excellent facility.

                    The Palmerston Gymnastics Club recently hosted its annual competition against other gymnastics clubs of Darwin and surrounds. I was pleased to be there to see it win the team trophy for the first time, wrestling it from the tight grasp of, I think it was the Darwin Gymnastics Club. Congratulations to all involved in the club and especially to Aaron and Renee Doidge, the president and treasurer, Debbie McGraw, vice president, and Kath Egan, secretary.

                    I would like to recognise Maggie Schoenfisch. The member for Drysdale made mention of her last night in his adjournment speech. She is a wonderful and very giving person. I thank her for her efforts and being the person she is.

                    I congratulate the Cazaley’s Sports and Social Club for a very enjoyable Melbourne Cup luncheon. Everyone there had a good time and I hope that the firemen who came through afterwards managed to get a good collection for the seniors party at the end of the year.

                    The Larrakia people are the traditional owners of the land on which Palmerston sits. I thank Kelvin Costello and other officers of the Larrakia Nation for their friendship and assistance. I look forward to working with the Larrakia Nation and seeing the water tower in Palmerston turned from just a public utility structure into a massive canvas for local art.

                    I record my thanks also to the member for Drysdale. I thank him for his kind words during his adjournment last night. I have enjoyed getting to know him and his wife, Jetta, over the course of the election campaign and in the time since. Chris and Jetta bring a great deal of experience with them and the people of Drysdale, Palmerston and the Territory generally can only benefit from the energy and drive of the member for Drysdale.

                    I would like to recognise the effort of both Sarah Schubert, the Electorate Officer for the member for Drysdale and Joanne Verrier, my own Electorate Officer. These ladies are extremely good at their roles and I am sure Chris and I would not be as effective without them. I can certainly say that Joanne somehow keeps me on track, and I thank her for that.

                    My thanks to all staff here at the Legislative Assembly. Sharon has also asked me to pass on her thanks to staff here for making her feel so welcome. When Sharon and I first came to the Assembly for a briefing on what it was to be a member of the Assembly, Sharon made a comment about feeling a bit out of place. I think it was Jan Bradley who said to Sharon: ‘It is your House, too, you know’.

                    I had done some Christmas vacation employment with the Department of the Legislative Assembly in the early 1990s. I ended up working with the then Clerk of Bills and Papers, Mr Mark Walker, whom I affectionately referred to as ‘The Phantom’. His association with the department was also longstanding. His father’s photo adorns one of this building’s walls next to the photos of other Clerks of the Assembly. Mark and his partner, Pat, recently moved to Adelaide and I wish them all the best. Even when I first came here to do vacation work as a university student, I recognised the hard work that all staff put in. Some people from that time are still here; others have joined since then. Regardless, the hard work, commitment, enthusiasm and humour of the members of staff of the Legislative Assembly has not changed. To you all, without exception, thank you very much for your efforts in looking after Sharon and me. I am very appreciative of all the help that you have given us.

                    Madam Speaker, I wish you, members of the government, those in opposition and the Independent members a very merry Christmas, a safe Christmas and new year, and I look forward to resuming in this place for the February sittings.

                    Mr WARREN (Goyder): Madam Speaker, I rise today to pay tribute to a stalwart of the Labor Party, namely Doreen Therese McTaggart, who was awarded Life Membership of the Labor Party at the recent NT Branch ALP Conference. Doreen is one of my constituents, a personal friend I have known for over a decade, and she has been one of my strongest supporters during and since the last NT general election.

                    Doreen is from a Labor and union family. She grew up in an environment where women were not encouraged as active members of the party but, in the past two decades, she has made an enormous and valuable contribution to the NT Labor Party, which I will briefly outline here tonight.

                    Doreen and husband, Jack McTaggart, have lived in the Northern Territory since 1971. They have five children and have been married for 53 years. Even from the start, Doreen was an active participant in Labor Party meetings of the Katherine sub-branch, as was her husband, Jack. However, Doreen did not formalise her membership of the NT ALP branch until the 1980s, until then preferring to play a supportive role to her husband.

                    From the mid- to late 1970s, the McTaggarts lived at Daly River before moving to the Darwin rural area. Doreen has been a longstanding member of the Rural ALP sub-branch, now the Nelson-Goyder sub-branch. Her abilities were recognised by the party when, in 1995, she was elected as President of the NT ALP. She continued in that role into 1996. It was during that time that she oversaw great, positive change in the party, a watershed period which brought a new professionalism and focus to the administrative and elected arms of the NT ALP. We are the incumbent government of the Northern Territory because of what Doreen and her colleagues started back then.

                    Along with the late Garry Schneider, Doreen worked on Clare Martin’s by-election campaign in 1995, which saw Clare first elected to the seat of Fannie Bay. Doreen has represented Labor women and union women as a delegate. She has assisted Warren Snowdon in his many campaigns in the Daly region, and has worked on mobile polling booths in the NT elections in the Daly region for over two decades.

                    In 1993, Doreen was the recipient of the Public Services Unions Meritorious Service Award. She is also a recipient of the Australian Centenary Medal for her service to the Catholic and Aboriginal communities in the Northern Territory. Doreen has been a longstanding stalwart for the NT Labor in the rural and remote areas of the Top End for many years – most of which while we were in opposition. Part of her legacy is that now two of the three seats that she fought so hard for Labor to win against the odds are held by NT Labor - and I am proud to say these are Rob Knight’s electorate of Daly and my electorate of Goyder. Along with my fellow rural NT ALP members, we are especially proud of Doreen. I know that all members and supporters of the NT ALP are thrilled that Doreen joins an illustrious group of very respected Labor Party champions who are held in such high esteem; these are the life members of the Labor Party.

                    I also pay tribute to a dedicated, hardworking member for our rural community; namely, Maureen Newman. Maureen Newman is an honest and happy person who does her best to find good in everyone. She gets along very well with strangers and seems to attract people to talk to her. At one stage, she worked as the Post Office lady at Darwin River. To achieve this, Maureen had to convince Australia Post of the value of setting up, and also why there should be a Post Office agency at Darwin River - which finally happened. Following on from this, she was also instrumental in changing the Darwin River postcode from 0822 which covered a huge area, to the now Darwin River specific postcode of 0841. Maureen clearly has the necessary drive and determination to take on a challenge.

                    She has drawn on all her inner strength to take on her biggest challenge yet and see it through to fruition. Of course, Maureen is the driving force behind the successful push for a community bank at Coolalinga. It all began during a committee meeting of the Rural Area Business Group, or RABG as it is known. Most of the group members complained about how much time out of their business day it took for them to do their banking. Even though some things could be done through the Internet, they still had to travel to Palmerston or further to do bank deposits and other face-to-face banking. For most of the committee and members of the Rural Area Business Group, this took several hours out of their working day. Someone suggested they should obtain a folder telling them about community banking, which the group did, but it seemed to stop there.

                    Thinking about the banking problem at home, Maureen, as an executive member of the RABG, knew that someone would have to be the driving force. Being the motivated person that she is, she decided that she would do something about it. Firstly, Maureen typed up some questionnaires and placed them at Darwin River, Berry Springs, Noonamah, Humpty Doo, Coolalinga and Virginia. From these questionnaires, she realised there was overwhelming support for a bank to be placed at either Coolalinga or Humpty Doo. However, the majority of people wanted it at Coolalinga. Maureen then called for people to form a committee via the Territory Times. In those early days, there was Maureen, Robert Weyhart, Bob Flanagan, Mary Walshe, Rob Newman, Brian Thomas, Sue Bailey, Phil Denban and Steve Johns. Later Jan Young and Sue van Cuylenburg joined. The two Sues, unfortunately, had to leave the committee due to other commitments. However, the committee has since welcomed Karen Ralph, Phyllis Thomas and Fred Davis as committee members.

                    The committee has set a target of raising $500 000 in pledges which they set out to achieve. Maureen and the committee sat outside supermarkets and, generally, remained in the public arena to raise awareness and pledges and held sausage sizzles to raise finance for newsletters, advertising etcetera. The RABG also kindly donated $1000. The hard work began to pay off and the target was finally exceeded. The total at present is just over $650 000. Everyone on the committee acknowledges if it was not for Maureen they would never have got to the stage they are today. Maureen humbly says she is just a Territorian, and Territorians are known for their fortitude.

                    The community bank is going to benefit the rural community greatly. Many locals are quite excited at the prospect of having a local bank owned by the rural community, where a good portion of the profits return to our rural community where a good portion of profits will return to our rural community. Of course, this would not have not happened if it was not for the vision and drive of Maureen Newman, who we all proud to have in our rural community.

                    I pay tribute to Dr Philip Nitschke, a nominee at this year’s Northern Territory Australian of the Year Awards, another one of my high achieving constituents of Goyder. I had the pleasure of attending these awards at the Crowne Plaza in Darwin, where the guests paid tribute to all the finalists like Dr Nitschke. In researching Dr Nitschke for this adjournment speech, I have drawn heavily on Internet sources. It was there that I learnt Philip Nitschke is an eminently qualified Territorian, with an Honours degree in Science, a PhD in Laser Physics, and he is also a graduate of the Sydney University Medical School.

                    Dr Nitschke has always been politically passionate and even spent some time working with Aboriginal land rights activist, Vincent Lingiari, at Wave Hill in the early 1970s. In the 1980s, he was a prominent activist in the peace and anti-nuclear movements.

                    In 1992, Dr Nitschke established an after hours medical practice specialising in the problems of intravenous drug users. Since 1995, he has been dividing his time between campaigning for voluntary euthanasia, carrying out research on new methods of controlling death and working with an increasing number of terminally ill patients who wish to have the right, means and ability to end their life at the time of their choice.

                    Dr Nitschke is no novice to public accolades and he has previously been a recipient of the Rainier Humanitarian Award in Washington in 1996. He was awarded the NT Darwin Territorian of the Year in 1997, the Australian Humanist of the Year in 1997, and the New Zealand Humanist of the Year in 2001. While not everyone may not agree with Dr Nitschke’s beliefs, his patience and dedication to those beliefs cannot be questioned. He was a worthy finalist for the Northern Territory Australian of the Year 2006 which was, incidentally, won by Peter Fanning for his community services contribution.

                    Mr WOOD (Nelson): Madam Speaker, I would like to continue on with what I was talking about yesterday, my trip to Lucas Heights. Yesterday, I talked about the Bragg Institute, which is the strongest neutron and X-ray scattering group in Australia. The Bragg Institute was set up in 2002 with specific intent of fostering strong interaction with academic and commercial research organisations, both within Australia and overseas. The Bragg Institute is named as a tribute to the father and son team of William and Lawrence Bragg who were jointly awarded the Nobel Prize for Physics in 1915 for their work in founding a new branch of science of great significance and importance – the analysis of crystal structure. Neutrons and X-rays are complementary tools at the forefront understanding structure, and ANSTO staff frequently use both to solve complex problems. It is said that it was intended that, through the Bragg Institute, extensive linkages would be forged between ANSTO and other national and international organisations. We were given a run down of the Bragg Institute by Dr Rob Robinson.

                    When we finished there, we went to the area where ANSTO puts together its radiopharmaceuticals. Mr Enzo Valente took us to the area where the medical isotopes are put into very small capsules, then into a lead container for export all around Australia to hospitals. It was very interesting to see how refined that process is. I suppose people have seen pictures of people with arms through a big lead wall operating some mechanical equipment to fill the capsules that are used in hospitals. The people who work there are certainly very skilled and dedicated.

                    Of course, there has been some discussion about whether we need to have a reactor to produce some of the medicines we have. From all information I have received, that is the case at the present time. It is not to say that it will not change. However, at the present time, 80% of all the radioisotopes used in the world come from a reactor. The reason for that is that because nuclear reactors produce isotopes by adding an extra neutron into the atoms of the respective element - that is, they are neutron-rich isotopes - and it is the excess of neutrons that makes the isotopes radioactive. Cyclotrons bombard atoms with different particles to produce isotopes which are deficient in the number of neutrons; in this case, neutron deficiency makes the isotopes radioactive. An example of particular importance is the reactor produced radioisotopes technetium 99m, the basis for more than 80% of all nuclear medicine procedures worldwide.

                    Whilst I understand people hope that all isotopes can be produced by a cyclotron, at the present time it is not possible. There are quite a few difficulties, and it is extremely expensive. ANSTO actually operates a cyclotron at Sydney‘s Royal Prince Albert Hospital, with a $20m machine, as well as operating the reactor. It is not to say it may not happen in the future; however, we know that the reactor is not just used for medicine, it is used for other things. Only time will tell but, presently, no one produces technetium from a cyclotron.

                    We had a working lunch that day and met various people to discuss a range of issues, including the radioactive waste issue. In the afternoon, we talked to Dr John Bartlett who works at the Institute of Materials and Engineering Science.

                    I thought I would mention a couple of things which the institute does such as materials assessments. ANSTO’s Materials Assessment Team offers an integrated service that concentrates on structural integrity, remaining life assessment, failure analysis, and safety and behaviour of industrial plant with changing operating conditions. Much of the work has been associated with life extension of plant such as turbines, boilers, catalytic crackers and piping used in power generation in the petrochemical industry and minerals processing. It was interesting to see the work they do. They are able to tell a power generating plant owner if a boiler where they are using super-heated water at temperatures around 500C - which can change the actual structure of the steel which makes up these boilers – can have its life extended for another 10 years. They use things called CREEPS which they are able to put in the boiler and then ascertain whether the boiler structure is changing significantly enough for that to be replaced. That can have great savings for people, especially in the power generating area.

                    The other area that people might have heard about is that ANSTO has been involved in the development of innovative waste management solutions. They have a unique capability incorporating extensive experience into the design of ceramic and glass ceramic waste horns. Of course, that is where the material called synroc has been developed.

                    After that we went to the Institute of Nuclear Geophysiology where we were met by Dr Peter Holden and Dr David Fink. The Institute of Nuclear Geophysiology, which is a term that was developed at ANSTO, looks at a whole range of environmental issues. For instance, in this year’s summer they are in Antarctica measuring ice to see what the rate of change has been over the last few hundred years. They are taking core samples down to 250 m. They are also participating in programs looking at air pollution across China and South-East Asia. They have been working on the Douglas Daly looking at the movement of nutrients in the soil. They have also done work on looking at lead in crocodiles, especially crocodiles that have been eating geese which have been shot using lead pellets. They were also involved in the cleaning up of Rum Jungle.

                    Finally, on that day we were able to visit the new reactor which is not far off completion. If anyone wants to visit, you have missed out as I gather we were the last members of the public allowed in because they are now getting to a stage where they do not want any contamination from outside. There are about 85 Argentinean engineers working there. It is a very impressive piece of engineering; there is no doubt about that. The whole OPAL reactor is built to the finest engineering standards to cover all possibilities. That was impressed on us by a Mr Ken Horlock who has worked at Lucas Heights for many years. He is one of those who is probably due to retire, but he is not going to retire until the new nuclear reactor is up and running.

                    That finished off the day there and we were pretty worn out by that time. We had taken in a lot of discussion about physics and so on.

                    The next day, we went to Westmead Hospital, which is near Parramatta, where we met Dr George Larcos, President of the Australia and New Zealand Society of Nuclear Medicine. He is a very interesting man who showed us how nuclear technology combined with other forms of technology can be used to benefit patients by better analysis of problems. He showed us a skeleton X-ray of a lady who had some pain in the hips and the knee joints. When you combined that with different types of scans, you were able to see where the pain was coming from. It was very interesting to see how you can combine nuclear medicine with other forms of medicine. No one is saying that nuclear medicine is the be all and end all; nuclear medicine is complementary to what else is done in hospitals.

                    Dr Larcos gave us an extra hour. He is a lecturer at Sydney University. He discussed a whole range of issues about the effect of radioactivity on people. He showed us a couple of the theories about how much radioactivity would harm people. There are theories that some radioactivity may not harm people at all and may be beneficial, but he said that both cases are purely theories that have yet to be proved.

                    I will quickly move on to another trip I did soon after. I would love to have combined the two trips, but we did not know the Senate committee was going to sit in Canberra the day after we came back. I made a submission to the Senate committee. If people want to see what I said instead of thinking they know what I said, they can get a copy of my submission and also what I said in parliament.

                    Because I do not have much time, I want to say that there are two radioactive waste facilities in Australia for low-level waste. One is at Esk in Queensland and one at Mt Walton in Western Australia. I was interested in finding out where the Esk facility is, so I travelled there. It is 100 km north-west of Brisbane and the site itself is 12 km from the town of Esk. The closest inhabitant is 4 km away. I seek leave, Madam Speaker, to table a photograph of the low-level waste facility at Esk.

                    Leave granted.

                    Mr WOOD: I was taken to the facility by a parks supervisor from the Shire of Esk because they mow the lawns around the facility. It is very interesting to see what the site is; it sits on about one acre of land in the forest. If you asked me if it is the best site in the world, it is probably not the site I would choose - there it is; sitting in the forest. It was the centre of a lot of debate at the time. In fact, I laugh because if you read the debates from the Queensland parliament, this was put there by a Labor government which referred to it as ‘a radioactive waste facility’. The Nationals, who were opposed to it because it was going in one of their seats, always called it ‘a nuclear dump’.

                    If we come to the Territory, we find that the Labor Party, which opposes it, calls it ‘a nuclear dump’. I am not sure what the CLP call it. I think they call it ‘a nuclear waste facility’. Be that as it may, it is amazing how the terminology is turned around according to the situation. I have said many times that politics has a lot to play in this.

                    I should note that in the area where this radioactive waste facility is sited, they grow tomatoes. There is a tomato farm, cattle and a small olive farm nearby. It is close to the catchment areas for the dams for Brisbane, the Wivenhoe and Somerset Dams. It is, as I said, 4 km from the nearest resident. There are quite a few hobby or retirement farms starting up in that area. The older people know it is there. There was a big fuss when it came, and it does not worry them at all. Some of the newer people do not know about it because it has been forgotten. I rang a real estate agent and asked about the radioactive waste facility, and the lady said she had never heard of it. It is a facility that you will find does not cause a problem. As I said, I do not think I would have sited it where it is sited, but it obviously causes no problems and it has been well designed. I will not go on any further than that. I have plenty of other things I can say about the trip that is worthwhile.

                    I encourage all members of parliament to visit Lucas Heights facility and, if you have the time, to look at the site at Esk. I actually would not mind even looking at the site at Mt Walton in Western Australia which is called an intractable waste site facility. However, this debate is important enough for people to make the effort to find out for themselves, because there has been a lot said that I now know, after doing a lot of research, is simply not true. I accept people having another point of view on this issue, but I do not accept people putting out ideas that are false. I am happy that people might be opposed to nuclear technology, as long as it is on reasonable grounds. Some of the stuff that has been said, I certainly do not agree with.

                    I would quickly like to thank and wish everyone a happy Christmas, especially all my fellow members of parliament. We have our ups and downs at times, but this is the time of peace and goodwill to all parliamentarians. Also, I thank the staff of the Legislative Assembly. To everyone who works in Hansard, who put up with trying to understand my spoken word and then turning it into English, I much appreciate that. To you, Madam Speaker, for all the hard work you have had to put into a new job this year.

                    I would also like to thank all my staff, Jennifer, Linda and Caroline. If you think I have three staff, I actually have one on four days, one on one day, and half a person. They are tremendous people who not only work hard, but I regard them as my friends. I thank them for their friendship which certainly keeps me going when things are not always going well.

                    I would also like to wish my family who hardly ever see me these days a happy Christmas. I think they are just about used to that.
                    It is a time that we should appreciate the peace we have in this country compared to other parts of the world. It is a time to reflect on a poor person in Singapore gaol who will be hanged on Friday. Much as I think he should be punished, I believe he should do that punishment in gaol. I am not being sympathetic to what he did. I believe the punishment is far greater than the crime that he has committed. If the punishment does go ahead, I only say to him: eternal rest and I am sure he will make his peace with his Maker.

                    Mr KIELY (Sanderson): Madam Speaker, 2005 is coming to a close ever so quickly. Once again, I find that I am here giving my Christmas wishes and thanks to the people of Sanderson.

                    I take this opportunity to thank a group of supportive and friendly people who helped me throughout the year to faithfully serve the community of Sanderson. First and foremost, I would like to thank my wife, Marie and my two children, Clair and Ned, for their love, support and understanding. The trials and tribulations of a local member are many. I am not going to dwell on them; we put our hand up and volunteer for this job. It is not servitude that we have here. However, the calls that we put on our families are tremendous and, when you have the support which you need of your loved ones at home, it allows you so much more freedom to get on and serve the community. I believe the community owes our families a vote of thanks for allowing us to fulfil the roles that we have volunteered for.

                    I also say a special thank you to my Electorate Officer, Therla, as well as her husband, Tony. Also a special mention for her daughter, Lany, who has recently married. It was a great marriage and she is very happy. I understand that Therla is going to be a grandmother. Lany is having a baby so that is tremendous news for her and her husband. It certainly made Therla and Tony happy and proud grandparents-to-be. All in all, Therla and Tony are heading for a really good new year in 2006.

                    I would also like to say merry Christmas and a special thanks to my parliamentary colleagues but, in particular, to my neighbouring electorate colleague, Chris Burns and his family. They are great friends, supporters and helpers. You need someone in this job to have a chin wag with, and who you can be straight speaking and truthful with. I find that in Chris. I believe that all of us have someone like that in this House to talk to and that is a very important thing.

                    A special thanks to Judy who works with him. You find that out in the northern suburbs it is a network of Judy, Therla, Christine at Delia’s office, Deb who works with Kon. They are great support for each other and the community, working together, helping us out. That network all goes back to helping me service the community of Sanderson.

                    Of course, I am only as good as the people who I work with who support me. When we look back from the electorate office network, we come here to Parliament House. In the Legislative Assembly we have a great team and family to look after us as elected members. They particularly look after me with all manner of good advice and dire support, particularly when parliament is sitting. I would like to wish a merry Christmas and give a vote of thanks to the CEO of the Legislative Assembly, the Clerk, Mr Ian McNeill and his great Deputy, David Horton. There is Brian Cook, whom I have known for many years, Jane Gunner and Jo Carbone, who form part of the leadership team in the Clerk’s office. In Hansard, of course, who are listening to us, merry Christmas everyone up in Hansard, but particularly to Helen Allmich, Robyn Smith, Sue Gray and Elizabeth Olajos. They are well supported by many casual staff who I have not had the pleasure of meeting, but I would like to thank them for the work that they do.

                    In the Table Office is the very forgiving and understanding Graham Gadd, Annette Brown and Steve Stokes. A special thanks to them. They are tremendous through the year and it is always go in there. You pop in there and ask them for assistance, and it is on the spot. I think Graham is half octopus because his arms are going everywhere and, on that computer, he can get everything out. The support they give us is just fantastic.

                    I am also chair of the Public Accounts Committee. I have been on many committees over my time in the House. I wish a merry Christmas and a special thanks to Terry Hanley and Pat Hancock, and Elizabeth McFarlane, who we know is a bit crook. I wish her all the best; she is off on holidays. Loraine Braham said pretty well how we feel about what is happening in Elizabeth’s life now, and we wish her well and all the best for the future. Kim Cowcher, who lives my way with her mum - great people and it is always a pleasure to run into them in the committees.

                    If we look further back here, we have the ministerial staff in Parliament House. It is referred to as the fifth floor like it is some sort of star chamber, but it is not. It is nine hardworking ministerial offices that look after my issues, to help service the people of Sanderson. I cannot possibly go through everyone up there, but every member in the ministerial offices has my heartfelt thanks for the work they have done and the support they have given me over the year. I look forward to working with you into the new year. The staff always changes there. You can imagine it is rather a dynamic institution, the ministerial offices and the Chief Minister’s Department, so we see staff changes. For those who are leaving us at the turn of the year, and for those who have left earlier on but will read this, thank you for all the work that you have done in helping me provide the service that I can to the people of Sanderson.

                    That is from the organisation. Of course, it also goes back into the departments. I know many people in the public sector. Once again, I understand when we ask for something, it reaches all the way into the department, and it takes dedication and commitment from our hardworking public servants. Things just do not happen; they have to be on the ball and they do it. I am very happy with the level of service provided by our public sector.

                    Of course, in the office we have lots of things that we do. We put out our newsletters, which take a lot of work. There is the photocopying, folding and distribution of the newsletters. We also have to feed up our helpers, and we have a great band of helpers who come in and work with us in our office. I particularly thank Teng and Michael Murray, and Barbara Baggley, who are regular volunteers in my electorate office. I would also like to thank Judith Ventic. I will just make an aside on Judith. I have learnt that Judith is the only Territorian who was awarded the Federation of Ethnic Communities Council of Australia (FECCA) for Services to Ethnic Broadcasting last Saturday, 25 November, in Geelong. Merry Christmas to you, Judith. Magandang hapon. That is a fantastic recognition of what you have done. She received a medallion, a pendant and certificate for the award. Good on you; a woman with great community spirit. There is also Taek Fung Lay, Norma Smith, Tessie Muscat who has the Pizza King at Hibiscus and does a wonderful job, Terrie Domingo, Fuk Sang Lay, Tse Leong Lay, Cynthia Bader, Christine Long, and Lee Treacy. They all get in there and do heaps of work in our office which then translates to a better service to the people of the Sanderson community.

                    We also have quite a number of functions in Sanderson; it is a bit of a party office. Some of the functions that we had were the Big Cuppa event, which was held at the Darwin Golf Club and was attended by a magnificent turnout of about 100 guests. John Allan provided music to entertain everyone. With the help of the volunteers we were able to provide a delicious morning tea. The Cancer volunteers had organised the craft display and there were also plenty giveaway prizes at the event.

                    It is also at this point that I should also pay recognition to the great support that the Darwin Golf Club gives to community of Sanderson. We have had many functions there. We had the Community Cabinet there not so long ago. I am also having a seniors function for Christmas at the Darwin Golf Club. I would like to, at this point, say thanks to the outgoing president, Phil Timney, and wish good luck to the new one coming in, Bruce Sanson, and the new committee. They have just recently had their AGM. They are great supporters of Sanderson and I am more than happy to work with them all the time because I know it is for the betterment of the community. I look forward to catching up with Bruce.

                    We also have had other functions. We have had the Dragons Abreast ‘Pink Ladies’ function; that was held in my electorate office. The guests were dressed in pink and, to maintain the theme of the evening, our volunteers applied pink food such as pink salmon, pink dip and pink beverages. Both events were successful through the generosity of my constituents.

                    We get all these gifts and prizes and everything to make it all very interesting and very entertaining for everyone. However, we could not do it without the generous support of sponsors. Again, I am fortunate to have dependable sponsors: the Darwin Golf Club, Northlakes Chinese Restaurant, Kut & Kurl Hair Salon, Carmen Nails, Hot Wok Noodle Caf, Northlakes Family Chemist, Northlakes Newsagency, Malak Supermarket and Territory Care Support Services. Some of them I have probably missed. That is the sort of community spirit we have in Sanderson; these businesses get behind us. We conduit through the office, but we get it out there and it makes it very enjoyable time for members of our community.

                    Our community room is used by an interesting cross-section of public groups for their monthly meetings: the Filipino Australian Association of the NT, Enrolled Nurse Specialist Interest Group, Women’s Golf NT, Sing Song Signers, COGSO, Darwin Athletics, Squash NT, Darwin Football Club, Australia Africa Association, Marrara Dragons Soccer Club, Christmas in Darwin Association, Filmmakers Association, Variety Club and the Football Federation of the NT – good on you, Bill Miller. We also get numerous casual bookings. I feel privileged that I am in a position to assist them in any way that I can. You can see that it is very active in our office. These people meet regularly and we have a little bowl of lollies out for them. It is just a fantastic time.

                    I do all I can to help Sanderson, and I am the elected member and seen as being in that position. However, there are many people in the community who help without any formal recognition. I would like to turn my thoughts now to some special groups within our community. The first one is Neighbourhood Watch. They do a fantastic job and they are very active, particularly in Anula and Wulagi. I wish merry Christmas and congratulate and extol the virtues and the hard work of the committee members of both Anula and Wulagi, particularly John Lear and Michael McRostie who are the coordinator and treasurer for Anula Neighbourhood Watch; Arthur and Nancy Cox, who are great people; Helmut Schuller, Karen Prom Chin Wong, Michael Yaxley, Lorna McGinniss, Margaret Stehouwer, Brett Collier, Darren Kelly and Alderman Alan Mitchell. They all do a lot for the community. In Wulagi, we have Paul Wyatt who is a bit of a stalwart, Scotty from Wulagi supermarket, Lucy Hayes, Marcus Cherry, Clifton Donges, and Mal and Judy Toy. We have the three partners – I cannot say in crime because they are Neighbourhood Watch and they are all police officers in the police service – Jeff Mosel, Geoff Pickering and Vic Stow who all do a fantastic job in making our community a better place.

                    We have three schools in our area which are very important to the wellbeing of our community because our youth go there and they help instil the values and virtues. That is not to say that the parents do not do a fantastic job. The principals of the three schools in my electorate are Maree Garrigan at Anula, Jan Perrin at Wulagi and Denise Wilkowski at Sanderson who do a fantastic job with the teachers working for our community, with our kids to get them prepared for a good life ahead.

                    The schools are ably supported by the various school councils. At Wulagi we have Heimo Schober, Paul Allen - old Spud Allen is in everything; he is a great stalwart of the community – Nicola Coalter, Patricia Royal, Suzie Thomas, Penny Kirby, Kris Harris, Matthew Cole, Cathy Allen, Kirsten Cridland and the teachers who are on the committee are Cheryl Burnett, Jim Kensey and Tania Kolomitsev from the preschool area - fantastic people who really work hard.

                    Wulagi is a great school with a great ethos and the kids have made the Tournaments of Minds. For a small school, they do a fantastic job and I am sure that school will be there forever in the community. I tell you that I will do all I can to make this the best school in the whole of Sanderson; I think it is a fantastic place. That is not taking it away from Anula, which is fantastic, but Wulagi is great and deserves every bit of support we can give it. I remember the Chief Minister, when I was campaigning in 2001, promised that there would always be a preschool in Wulagi when the CLP were trying to close it. That is what got us across the line there because the school knew that this government was right behind it, and we will be until the day we drop.

                    Over at Sanderson High School, we have Greg Gibbs, Doreen Walsh, Denise Thomas, Michelle Sa Pereira, Sally Black, Stewart McGill, Denise Wilkowski, the Principal, Fran Davies, Bronwyn Clee, Lyn Wanganeen, Liz Tak and Fatima Tam. They meet every month or so and deal with the issues they have to get through; it is fantastic. They run a really tight meeting at Sanderson High School, so it is always a pleasure to attend.

                    Anula School Council is one with which I have been involved since before I was the local member, so I have a very intimate knowledge of the school, where my kids go. It is great; we have Dick Williams, Kevin Moriarty, Maryanne McKaige, Leanne Noble, Jo Glennon, Felicity Creed, Andrew Tupper, Chris Baggley, Elizabeth Lohmeyer, Kathie Stoll, Dorothy Iji, Judy Milton, Denys Spencer, Angela Gates, Denise Thomas, Vanessa Williams, Tanya Lockwood, Sue Hyde who is the Assistant Principal, Elizabeth Andrade, another teacher’s rep, Janelle O’Neill-Thorne and Bianca Taylor – great teachers!

                    They, Madam Speaker, are just some of the people who help our community to make it the place it is. I am proud and pleased to be the member for Sanderson. I wish each and every person I mentioned and all of the electorate a very merry Christmas and a happy New Year for 2006. I look forward to working with you to make Sanderson an even better place in the new year.

                    Mr BONSON (Millner): Madam Speaker, I wish to talk about two great Territorians, one of whom was my uncle John Bonson who, sadly, passed away recently. Uncle John contributed over his life not only to the lifestyle of Darwin, but to the Northern Territory and, I believe, to the benefit of Australia. He had great personal pride in his own values, beliefs and his family, and will be sorely missed by all those who knew and loved him.

                    I would like to read from a reflection on John Bonson’s life, which was delivered at his funeral by Benny LewFatt, a long-time family friend and well known local identity. It begins:
                      John was born in Darwin on 29 January 1939. He was a son of Don and Patricia Bonson who lived most of their lives
                      n Henry Street, Stuart Park. During the bombing of Darwin, they were evacuated to Mildura in South Australia and upon
                      their return spent time in Pine Creek before returning to Darwin.

                      John worked for the Department of Works and Housing where he completed his apprenticeship as a carpenter. He also
                      worked for Legal Aid and the Northern Land Council.

                      John was a dedicated and loving father and grandfather to his children and grandchildren, Linda, Jason, Daymeon and
                      John Jnr, and grandson, Reuben.

                      John was best man at our wedding and is godfather to our son, Michael.

                      John had a terrific love of life and support for his family and friends. He was very proud when Linda decided on a career
                      in modelling and dancing in Sydney.

                      Each Dry Season he would round up all the kids and take them camping at either Jack Murray’s camp at Charles Point,
                      or Gul-Gul (Danger Point, Cobourg) along with the Cooper and Hewitt families. They enjoyed camping, fishing, spearing
                      crabs, gathering longbums, mud mussels and oysters. John also spent many hours teaching the kids about the land
                      through telling stories.
                      When John lived at Minmarama, he would invite Jason and John’s mates, including family friends, to sit around the fire
                      which was in a 44 gallon drum cut in half - known as a ‘Bono fire’. Many hours were spent watching footy, cricket or any
                      sporting event on the TV under the stars.

                      John always made sure there was bedding laid out for Jason and his mates on their return from a night out on the town.

                      John loved being in the garden - he was very proud of whatever he grew; flowers and vegetables. The taxi drivers would give
                      him a ‘free’ fare if he gave them cuttings from the plants he grew.
                      As everyone knew, John loved to cook. On some of his cooking jobs for the Northern Land Council, he would take Jason,
                      Daymeon and John Jnr to help him with the catering. On one particular trip near Belyuen, Jason and Daymeon went walking
                      along the coast and got caught by a scrub fire that surrounded them. They were lucky to escape down a cliff face to safety,
                      but were not very popular. However, John was relieved to have his boys back at the camp.
                      He enjoyed social activities and loved dancing, especially the hula.

                      John excelled in many sporting activities, especially basketball and football. He not only enjoyed being involved as a player,
                      he was also a great asset to the clubs when fundraising functions were held and a committee member was required.

                      John, being the generous and caring person he was, always made his house available to accommodate footballers from the
                      southern states.

                      He played 18 seasons (in the vicinity of 300 games) for Nightcliff, previously known as Works and Housing. He was made life
                      member of the Nightcliff Football Club in 1965 and the AFLNT in 1986.

                      John also was strong supporter of the ‘Mighty Blues’ (Carlton). When Carlton was playing, the phone was off the hook as he
                      settled down to watch the big game on TV.

                      In 1961, both John and I were selected from the Northern Territory to play with the Australian basketball team that toured
                      New Zealand.
                      Throughout his life, John has always been recognised by his many friends, colleagues and acquaintances as a person with
                      strong character who stood up for what he thought was right. Sadly, his passing will have an effect on those people who
                      loved and respected him.

                      I am sure that everybody joins me in expressing condolences to John’s family. Rest peacefully, John.

                    I would just like to take this opportunity to mention some of Uncle Johnny’s sporting achievements:
                      All-Australian basketball team selection – one of the first indigenous people at an international level national team tour of
                      New Zealand in 1961;

                      Darwin and Territory representative:
                      NT National Championships in 1961;
                      Regular team representative for Darwin and Territory Championships/Easter Carnival - late 1950s and early 1960s;
                      Highest scorer award of Champions held in Mt Isa in 1965;
                      Darwin representative on two Timor tours 1960;
                      Regular member of the Power-ful Pioneers Club in late 1950s and 1960s;
                      Coached women‘s teams in the DABA competition 1960s;
                      Founded, played, coached and was President of the Nightcliff Nationals Club in the 1970s.

                      Represented NTFL 1967 against Collingwood and Australian All-Stars;
                      1960-61 Works and Housing Premiership team;
                      1964-65 Nightcliff Premier team;
                      1965-66 Runner-up in Grand Final team.
                      Playing career estimated 240 games.
                      Life member of the NTFL in 1986;
                      Life member of Nightcliff Football Club 1965.

                    I would like to take an opportunity to read a poem written by Linda, a family member.

                    From us.

                      Dad, you have helped us,
                      Giving us advice on what you thought was right.
                      You have supported us by always being there to help see us through.
                      You have given us life, shaped by morals and values that could only be passed down from you.
                      You have given us everything,
                      And by doing so, we are not only part of you,
                      You’ve become a part of us.

                      Goodbye our dad.
                      Goodbye our friend.
                      You have been the one.
                      You have been the one for us.
                      You touched our hearts, you touched our souls.
                      You changed our life and shaped our goals.
                      We know you well, we know your smell.
                      We spent the greatest lifetime with you.

                      Goodbye our dad.
                      Goodbye our mate.
                      You have been the one.
                      You have been the one for us.
                      You have the greatest spirit – it’s our dream you make.
                      And as you move on,
                      Remember us and our lives in song, Nhulunbuy, Cobourg, up at Henry St, Longbums at racecourse we eat.

                      We’ve seen you cry, we’ve seen you smile.
                      We’ve watched you sleeping for a while.
                      We’ve spent the greatest lifetime with you.
                      We love you, we swear that’s true.

                      Goodbye our dad.
                      Goodbye our friend.
                      You have been the one.
                      You have been the one for us.
                      And we will still hold you and your hand in ours.
                      In ours when we’re asleep.
                      Goodbye our dad.
                      Goodbye our mate.

                    Both my cousin, John Bonson and Jason also spoke at the funeral, something that, sadly, one day I will have to do for my parents. I hope that I show the same dignity and courage as they did. Uncle John will be sorely missed by the Bonson family. No doubt, he will live on through his children and grandchildren. Goodbye, Uncle John.

                    The second person I would like to talk about is none other than local identity and, in my eyes, a famous Territorian and individual who is a real champion of the people of Australia. Her name is Kathy Mary Mills, who won Senior Territorian of the Year this year.

                    Kathy Mills has been instrumental in moves to establish the majority of Aboriginal and Torres Strait Islander organisations in Darwin. She has done this in a period when there were no services controlled by Aboriginal people in their own right, nor with any direct say in how funds were allocated for services. She has been at the forefront of raising awareness and bringing people together to establish Aboriginal service organisations, many of which have continued to this day. Some of the organisations which Kathy has been instrumental in establishing include: KARU, Aboriginal Child Protection Agency; NAALAS, the North Australian Aboriginal Legal Aid Service; Danila Dilba, a highly successful medical service; DAWS, the Darwin Aboriginal Women’s Shelter; Top End Aboriginal Coalition and Koongurrukun Association. She is also involved in these organisations as president, chairperson or committee member.

                    Kathy Mills was also the first woman to be elected to the Northern Land Council. She was a co-commissioner for the Stolen Generation inquiry. Aunty Kathy is a strong believer in indigenous economic development. She was a director and past chairperson of the Northern Aboriginal Investment Corporation, which operated as a private enterprise business for the benefit of Aboriginal and Torres Strait Islander people. During this period, 15 indigenous Australians were employed by this business.

                    She was director in a joint venture with a significant hotel tourist resort establishment in Darwin. Aboriginal employment and training are high on Aunty Kathy’s agenda.

                    She was the first person to undertake school classroom assistance as an Aboriginal liaison officer.

                    Kathy is also songwriter of some renown as seen in the beautiful composition of Arafura Pearl. Kathy won the NT Songwriter’s Award in 1985, and in 1986 for the Arafura Pearl and for Bougainvillea Festival. She is also a poet and has a keen sense of history.

                    In 1986, Kathy was made the Aboriginal Person of the Year for both the Northern Territory and Australia. This award was made by the National Aboriginal and Torres Strait Islander Day Observance Committee.

                    In 2001, Kathy received the Centenary of Federation Medal for Service to the Australian Society.

                    Kathy is married and has raised a family of eight children, all of whom are musically talented. Her daughters are extremely well known for their singing as the Mills Sisters, and have performed in the Territory for many years.

                    Madam Speaker, I was proud to nominate Aunty Kathy Mills as Senior Territorian of the Year and, as you can see, she is well qualified. When I heard about her speech at her acceptance, I knew that only Aunty Kathy Mills could deliver such a speech. We heard the member for Blain talk about how many people were at the awards and how she accepted. She entitled her speech ‘Advance Australia Fair’:
                      Distinguished guests and fellow Territorians. Firstly, with deepest respect, I acknowledge the Larrakia people and in
                      particular the senior Larrakia people and custodians of their land on which I am being awarded Senior Australian.

                      I am deeply moved by the compliment paid by nominating me for this award. I am pleased that the contribution to our
                      community in the Northern Territory has been noted with this honour.

                      There was a period in my political life, however, when I would have refused to accept this offer in solidarity with the
                      national Aboriginal movement.

                      I humbly recognise that my involvement is a very small part of a larger effort and an extension of the Aboriginal people in
                      other states of Australia. It all began with the Aboriginal Advancement League and the Aboriginal Progressive Association
                      of which my father, Jack McGinness, played a significant role in bringing about the 1967 Referendum that gave Aboriginal
                      people citizenship rights.

                      Recognition of prior ownership was vigorously pursued and caused for a public holiday to be declared by all Australians,
                      both black and white, could celebrate together a new beginning.

                      Inaction was seen as a rebuff and it seemed that all efforts were exhausted, so the National Aboriginal and Islander Day
                      Observance Committee, NAIDOC, declared Australia Day as a day of mourning for Aboriginal people.

                      I don’t see any benefit in a stand off. I trust in the honest debate inclusive to all to induce the negotiations to reach a
                      practical solution.

                      By accepting this award, I believe that I am taking a step towards reconciliation for the pride and continued peaceful
                      existence of our country.

                      I hope that we as Australians now stand together and face our cultural adversity with the same determination and dedication
                      that spurred our Anzacs and our diggers in World War II when they fought for our freedom as a united corp. Where there is
                      dispute, let there be harmony.

                      We have, after all, the knowledge of our indigenous ancestors and the antiquity this great land holds that is fundamental
                      to its care and safety and our survival as a people.

                      We have also the skills of our early navigators who chartered the unknown coastlines with such diagrammatic accuracy
                      to define an independent land and named it Australia.

                      We have the legacy of knowledge left by our explorers who mapped and surveyed the physical attributes of our continent
                      from coast to coast.

                      We, their descendants and inheritors of their combined knowledge and skills, should therefore have no difficulty in combining
                      to chart and navigate the shape and form of a reconciliation pact for the wellbeing and continued good reputation of our
                      wonderful country Australia. Advance Australia Fair.

                    I get goose bumps reading something like that, Madam Speaker, because there are Australian citizens who do believe in the future of Australia, both black and white. I note that everyone at that acceptance speech was moved. I am proud to be an elected member and have the opportunity to recognise individuals like Aunty Kathy Mills, who I believe have been integral to what we believe is the Darwin community.

                    To Aunty Kathy Mills and all her family, whom I know very well, I say it is fantastic that not only have you now been recognised by the indigenous people of this country, but your place in the history of Australia has been recognised. With the achievement of Senior Territorian of the Year, not only do you bring great honour to your own name, but to the people you stand for, and that you will continue to fight for.

                    Dr BURNS (Johnston): Madam Speaker, tonight I would like to give credit to a long-time employee of the Northern Territory Public Service, Mr David Cotton. David has worked for the government over the last 30 years. He has certainly worked very hard and been a very dedicated public servant over that time. David was one of those people, becoming fewer and fewer now, who transferred from the Commonwealth government in 1976 to the Northern Territory public sector following self-government. David has been quite a pioneer in the information and technology area and has witnessed and been involved in significant change in the development of IT within the Northern Territory public sector. I suppose we have all witnessed, over the last 10 to 15 years, the growth in IT and it has certainly been an explosion. David has been part of that but now he is retiring. I am sure honourable members join with me in wishing David Cotton all the best in his retirement.

                    Being the last sittings of the year, I would like to finish tonight by paying my thanks to quite a number of people who make this place run, and have supported me in all sorts of ways over the last year. Others tonight have named individuals across a whole range of areas. I apologise if I do not name everyone but I would just like to thank people who work in various areas for their support.

                    Within this House, there is the dedicated staff of the Legislative Assembly, Ian McNeill and all the officers, particularly the staff in the Tabled Papers office. There is a torrent of paper that comes through this place and they organise that very well. To Graham Gadd and the crew in there, thanks for all your support and your help.

                    I also want to pay particular thanks tonight to all those in Hansard, led ably by Helen Allmich. I think they probably get about 98% of what I have to say right, and their accuracy always amazes me. They are very dedicated. They work very late hours and I am not going to contribute very much, I hope, to the late hour tonight. All of us acknowledge the work that the people in Hansard do.

                    Vicki Long and staff for all the corporate services that are supplied to members, I thank them. Under your able leadership, Madam Speaker, the Legislative Assembly hums along very well.

                    The drivers, as someone pointed out this evening, provide a great service. They are very patient people and they make things tick like clockwork. Thanks to all the drivers; I really appreciate all your help and forethought that you give about going to functions, timing, logistics and how the whole system works. I am very thankful for their experience.

                    I want to thank people in my ministerial office, now led by Jamie Gallacher: Vanessa, Jade, Kieran, Wolf is on leave with Ron Grieves ably standing in; and, of course, James Hook who looks after the media side of things. Thanks for all your support. I know I might be an erratic boss at times, but I am certainly glad of all the support that you give.

                    As was mentioned earlier tonight, John Tobin was my Chief of Staff until a month or two ago. Most people would be aware of the tragedy that the Tobin family have experienced with the death of Steven in the last couple of months. Along with many others, I am just amazed at the strength of that family. There is such a strong family bond, and they are certainly getting a lot of support from the community. John, you are certainly a very brave person. Our wishes and prayers go to you and your family at this sad time. I thank you for all the support that you have given me when you were Chief of Staff. I wish you all the best in the important role that you will be playing in the public service in the area of remote essential services in indigenous essential services.

                    I could not let the opportunity go by without thanking Frank Moukaddem. Frank does such a great job. He is always helpful, whether it is on duty here in Parliament House or outside as a supporter of the Labor Party. Frank is a real example to all of us. He is so selfless. Frank has had some illness this year, as has his family. Frank soldiers on through, has a lot of courage, commitment and energy, and I am very thankful that I can call Frank Moukaddem a friend and a colleague.

                    I want to pay particular homage to my Electorate Officer, Judy Herring. Judy has been with me since 2001. Your relationship with an electorate officer is almost like being married. It is a very close relationship and Judy has been very supportive, very hardworking and I thank her for all that she does. Things just would not operate without Judy, so I thank her for being patient with me and supporting the work of the electorate office. I know her work is valued throughout the electorate.

                    Like others, I thank all those in the electorate: the electors of Johnson and, of course, all the schools. I am aware of the hard work that goes on in the schools in my electorate and I spoke about that last night.

                    As someone remarked tonight, it was great during the last Assembly when we got to know each other - the old hands who came from the Assembly before and the new hands. We are certainly a very tight team. Now, with the new people coming on board, we have such varied talent in the new members, each with diverse talents and personalities. It has been a real pleasure to get to know them better and to see their professionalism, hard work and team work. I certainly appreciate that, and I thank them and my Cabinet colleagues for all their support.

                    To my family – obviously, I thank Elizabeth for all her patience. In this sort of work, we are all absent for long periods and all of our partners are very patient. To my children, David, Daniel and Amy, thanks also for your support. I could not let the opportunity go by without also thanking Bruiser, my dog. As I said after the election, Bruiser makes me very happy. He is a very loving dog and I love to see him wag his tail. When I get home tonight - which is not too far away - he will be waiting for me there, wanting to tell me everything that is going on. It is great to have pets.

                    In short, Madam Speaker, I wish everyone in the House, particularly you, a merry Christmas: members of the government, Independent members, and members of the opposition. Thanks for the opportunity to give these greetings tonight.

                    Motion agreed to; the Assembly adjourned.
                    Last updated: 04 Aug 2016