2006-03-29
Madam Speaker Aagaard took the Chair at 10 am.
Dr LIM (Greatorex): Madam Speaker, I present a petition from 194 petitioners praying that the decision to move Year 10 students into senior secondary colleges and schools be rescinded. The petition conforms with the requirements of standing orders. Madam Speaker, I move that the petition be now read.
Motion agreed to; petition read:
Mr MILLS (Blain)(by leave): Madam Speaker, I present a petition from 2307 petitioners relating to enrolment of Year 10 students at Casuarina Senior College. Madam Speaker, I move that the petition be read.
Motion agreed to; petition read:
The CLERK: Madam Speaker, pursuant to Standing Order 100A, I inform honourable members the response to Petition No 7 has been received and circulated to honourable members. The text of the response will be included in the Parliamentary Record.
three practices open in the mornings on Saturdays, Sundays and Public Holidays (9 am to
12midday/10 am to 12 midday); and
one practice opens on Saturday afternoons (1 pm to 4 pm).
Mr HENDERSON (Regional Development): Madam Speaker, today I update the House on the creation of new regional economic committees as part of the government’s ongoing commitment to driving economic development in the Territory’s regions.
The Northern Territory is in the midst of what Access Economics describes as ‘turbocharged’ economic growth. The Martin government knows that economic growth in our regions is central to the long-term sustainability of strong economic growth across the Territory, and it is one of our long-term challenges. The view was supported by the Territory’s business and community leaders at the Economic Development Summit last year.
In 2003, five regional development boards in Katherine, Central Australia, Darwin, East Arnhem and Barkly, were established as part of the government’s Stronger Regions, Stronger Future strategy. I would like to take this opportunity to pay tribute to the Territorians who have served on these boards. Last year, independent consultants, Stanton Partners, conducted a review of the administrative arrangements, management and status of these boards to ensure they were aligned with the needs and wishes of communities; that is, a review to ensure the boards were best meeting the needs of the regions they represented.
The Stanton report recommended a more effective framework for delivering regional economic growth was to focus on communities of interest rather than broad geographic regions defined by administrative centres. Communities of interest are defined as regions or subregions based on common purpose, identity, geography, issues or challenges, capacity to achieve economies of scale and the achievements of outcomes, and shared objectives and goals.
In response to this recommendation, the government is replacing the former regional development boards with new regional economic committees based around the communities of interest to allow for a more focused effort to drive economic growth and deliver job opportunities for Territorians living in the regions. Whilst the final make-up of the regional committees’ zones will be determined in consultation with local communities, it is proposed regional economic committees will be established for Alice Springs, East Arnhem, West Arnhem, Tiwi Islands, Katherine, Anmatjere/Alyawarra, West MacDonnell, Tennant Creek, Groote Eylandt, Daly River, Nitmiluk, the Gulf, Tanami and Victoria River.
The regional committees will play a key role in determining the economic priorities for their region in government decision-making and spending, with direct access through me, as minister, and individual government agencies, to better ensure that government policies and plans reflect the aspirations of the regions. These committees will also play a central role in the developments and roll-out of economic development plans to drive jobs and business opportunities for these regions.
By focusing on smaller geographic areas, the committees will really be able to identify the issues important to their region, challenges that need to be addressed, and the opportunities for development. In the West MacDonnells, for example, that may mean industries such as tourism, issues such as infrastructure; while mining and pastoralism may be a focus for the proposed Daly River committee.
The committees will be made up of community, business and government representatives and, I have no doubt, the success of these committees will depend in a large part on the determination of committee members to see their region move ahead. I am encouraging all Territorians interested in playing a part in driving the economic future of their part of the Territory to consider nominating for the new regional economic committee in their region.
Madam Speaker, sustainable economic development in the Territory’s regions is one of our long-term challenges. The Martin government is committed to driving economic opportunities for all Territorians, no matter where they live. I look forward to working with the new regional economic committees to deliver long-term benefits for the Territory, and to present more statements to the House in the future.
Mr MILLS (Blain): Madam Speaker, the opposition welcomes the report. It goes without saying, particularly for those who are living in urban environment communities, how important it is to get outside of the centre of our own high population areas and understand the on-the-ground needs of those who live remote from the centre, wherever that may be. The aspirations of those hardworking Territorians need to be understood and capitalised on. Therefore, the description of a new structure to do that is noted. What is of importance, though, is the outcome that would result from this new structure.
I ask if the minister could give reference, in his reply, to the proposed ways that any development and growth within the regions could be measured. How can we gauge improvement and strengthening of regional economies? One way, of course, is what we see go across our port. How is that trending regarding primary industry’s production and also, with what is coming from the mining sector? That is one way we can measure what actually goes across the port that relates to activity within the region, particularly in agriculture and horticulture.
These issues are important; that we are able to measure that economic improvement, are able to understand the aspirations of those who live remote from high populations, and the bureaucracy can tone down their language and be in step with the aspirations of those who struggle out there away from high population centres. I support the statement and look forward to further progress reports.
Mr WOOD (Nelson): Madam Speaker, I also welcome the report. I believe that this is an important issue on which, perhaps, a statement is made. It is very difficult to reply to a report that you have only just heard the minister make. It is an area that is very important to the whole of the Northern Territory. I believe that Regional Development did come under the Local Government area before and now it has been transferred to DBERD. Does that mean the government now has a different agenda from previously, which I believe was Regional Development plus amalgamation of councils and local government? Or has it dropped that concept, and moved to a different approach?
I welcome the report. I believe that we could benefit from a statement on the subject so that we can spend more time debating and researching this issue. I am interested in the minister’s comments.
Mr HENDERSON (Regional Development): Madam Speaker, I thank members for their positive comments. Yes, I do intend presenting a statement within the next couple of sittings on this issue. However, it is important to get the new structure in place.
In regards to the splits that occurred in the administrative arrangements, my colleague, the member for Barkly, is still the minister responsible for capacity building and governance issues across our regions. We are working very closely together. The Chief Minister has tasked me, as Minister for Business and Economic Development, to drive economic development and jobs growth through the regions.
I agree with the member for Blain. We have to focus on outcomes, and we are going to do that at a number of different levels. At the moment, my department is putting together regional economic profiles, industry sector by industry sector, across the regions of the Northern Territory, of how many people are employed in those sectors. I will be looking at specific projects and investment opportunities. I agree, we have to be focused on outcomes. I am focused on outcomes. I will be bringing a statement forward within the next couple of sittings.
Ms SCRYMGOUR (Parks and Wildlife): Madam Speaker, I am proud to be able to share today with all members a beautiful book that has arisen from a 16-year joint research project. The Jawoyn plants and animals book is, essentially, an encyclopaedia of Aboriginal flora and fauna knowledge from the Nitmiluk National Park and the wider Katherine region. The book records the Jawoyn plant and animal names for almost 600 species, and is illustrated with stunning photographs.
Jawoyn cultural traditions are embedded in the land, the plants and animals and in the language that describes them. Traditional knowledge systems link country with all that live in it, through the passing of the seasons and the various ecosystems that make up the land. Cultural knowledge is generally carried orally, and senior Jawoyn members are very concerned about the loss of traditional knowledge. In this book, we have an affirmation that at least part of the Jawoyn culture has been captured in written form for all to appreciate and enjoy now and in the future.
Since the research began, three of the senior Jawoyn authors have passed away, which demonstrates the fragility of this traditional biological knowledge.
This book also combines traditional knowledge and western science. As the late Bangardi Lee said in his foreword to the book: ‘If you think of some of the Jawoyn words which are hard to pronounce, just try their Latin equivalents’.
The project began at the request of a deceased senior Jawoyn elder, Peter Jatbula, who saw it as a first step in joint management between the Jawoyn people and Parks and Wildlife. The project was a collaboration between Jawoyn elders and an ethnobiology project in Parks and Wildlife, with the support from the Jawoyn Association, the Diwurruwurru-jaru Aboriginal Corporation and the Australian National University.
I make particular mention of Glenn Wightman of Parks and Wildlife who has worked closely for many years with the old people to put their knowledge down on paper. While the book began in 1989, it also includes research from the 1970s undertaken by Jawoyn elders and linguist, Francesca Merlan.
The book represents the essence of joint management between traditional owners and the Northern Territory government by bringing together western scientific knowledge and the Jawoyn traditional knowledge for the benefit of future generations. As well as an explanation of Jawoyn seasons, language and history of Jawoyn country, the book contains fascinating insights into the traditional uses and stories of plants and animals used by Jawoyn people. Much more than a straight catalogue of species, it highlights links between calendar plants and certain animals. For example, when the conspicuous yellow kapok has flowers, it indicates to Jawoyn people that the secretive freshwater crocodile is laying eggs. These eggs are an excellent food if collected and eaten. The book also reveals the use of plants and animals as medicine. Large nests of green ants, for example, can be used as medicine to treat headaches and colds. It can also be used as a drink or a wash.
Plant and animal interactions in a spiritual sense are also covered. For example, for Jawoyn people, the pheasant ‘sings’ the bush cucumber to get round and fat in the Wet Season with its repetitive and resounding call. In a sign of the times, the book even includes feral and introduced species such as the cat, donkey and, most recently of all, the cane toad. Many introduced animals have well-established Kriol names.
Madam Speaker, this book will be sold by the Jawoyn Association and the Department of Natural Resources, Environment and the Arts at Nitmuluk, Katherine and Palmerston. This is a delightful and useful book and it should be part of the collection of everyone interested in indigenous knowledge of our country.
Ms CARNEY (Opposition Leader): Madam Speaker, I was getting a bit worried as the minister was getting through her statement about where the book was. I am very grateful that it was delivered in time.
The opposition is supportive. I know books like this have been done around the Territory over many years. Both governments have done work on it. We join with you in commending this publication and also congratulating those people involved.
Mr WOOD (Nelson): Madam Speaker, I congratulate the Jawoyn people for producing this book. I have spoken of this before. I have no hesitation on speaking again about it. It is a wonderful book. It is a book that both indigenous and non-indigenous people can learn from because it gives knowledge in both directions. That is really important today. One of the great things in the last few years, is the wider understanding of the uses of many of our native plants and animals that indigenous people use. Therefore, we just do not look at them as a plant with a botanical name, we now understand that these plants and animals have much wider uses in indigenous society. It is great that people in the wider community now have such books as this available. As you said before, minister, there is also a Tiwi book, similar to this. That does help, especially when we are talking about Harmony Week. This is a practical example of Harmony Week.
I hope that it is for sale at places like the Nitmuluk Information Centre. It is important that visitors going there can pick up a book like this which they will find a very practical use for. You mentioned a range of plants and animals, minister. You perhaps left off my favourite one, the pussy cat. If you read it carefully - people did have a concern about feral cats in the Northern Territory, then they need to look at Jawoyn traditional method which is to actually eat the cat. They said, when it was roasted, it was quite nice to eat. However, they did carefully state the fact that only wild feral cats were eaten, not pet cats. If those people out there who were a little worried about their pet pussy cat being eaten, I say do not be alarmed; we are only trying to get rid of those cats that we do not need. It is a great book. I congratulate all the people involved.
Ms LAWRIE (Family and Community Services): Madam Speaker, I provide a report to further update the House and the roll-out of Opal fuel across the Northern Territory.
During the February sittings of parliament, the Senate inquiry into petrol sniffing was conducting hearings in the Northern Territory. At the time, I outlined to the House the position of the Northern Territory government in relation to the roll-out of Opal, the non-sniffable fuel that has been developed by BP and rolled out across the communities by the Commonwealth government. I congratulated both BP for developing the fuel and the Commonwealth for the work they have undertaken to date in getting Opal into communities.
However, we think it is time to take the next step. Rather than just providing Opal in individual communities, it needs to be comprehensively rolled out across regions prone to petrol sniffing. It needs to be rolled out across Central Australia, including Alice Springs. This was the essence of the Northern Territory government’s submission and the Alice Springs Town Council’s position, along with several other stakeholders and NGOs in the sector.
The results of the inquiry have not yet been handed down but, if it is to be reflective of the submissions and the hearings, then it must recommend a regional roll-out of Opal. If sniffable fuel is removed from the regions around Alice Springs but not in Alice Springs itself, then the roll-out is compromised. Alice Springs is a hub and any potential migration of sniffers to Alice does not help the sniffers and it does not help the people of Alice Springs.
As the Minister for Local Government outlined yesterday in his report on the town camps task force, there is already some anecdotal evidence that there is an increase in sniffers in and around Alice Springs. We need to be cautious in attributing any rise in petrol sniffing in Alice Springs simply to Opal. The numbers of sniffers has often fluctuated in Alice Springs since before Opal was around. However, commonsense dictates that if Alice Springs is the only place in the region with sniffable petrol, then the sniffers may well come.
Since the inquiry was held, Access Economics has released a report that is a cost benefit analysis of a comprehensive roll-out of Opal. The report noted that the single biggest hurdle to Opal being truly effective is its proximity to regular petrol, and the comprehensive roll-out must include urban centres such as Alice Springs. Access Economics found that last year, petrol sniffing cost governments $78.9m through disease burden and strain of the health and justice system, and rehabilitation costs. They concluded that a comprehensive roll-out of Opal could lead to annual savings of $25.1m. Additionally, the study also found that when the value of a healthy life was taken into account, this would lead to an additional $27.1m annual nett economic benefit. The cost of the roll-out would be $26.6m.
In other words the question is not how much Opal costs, but how much it saves. Pleasingly, the Access Economics report referred to the Northern Territory government’s fight against petrol sniffing and that our Volatile Substance Abuse Prevention Act has the potential to make a significant contribution in the fight against petrol sniffing, and emphasised that the roll-out of Opal would complement this legislation and our rehabilitation programs.
We all understand the creditability of Access Economics. This is a very comprehensive report that looks at all strategies and interventions in relation to petrol sniffing. The report points out that Opal alone is not the solution but, as we have been saying, there can be no solution without it.
Madam Speaker, I table the report and recommend it to every member of the House. I have heard the Leader of the Opposition suggest that a roll-out of Opal into Alice Springs would be too expensive. However, I am aware that she made these comments prior to having the opportunity to read the Access Economics report. I recommend that the opposition reads the Access Economics report and gets 100% behind the comprehensive roll-out of Opal. It will help the sniffers affected, and certainly help the community of Alice Springs.
Dr LIM (Greatorex): Madam Speaker, petrol sniffing is a scourge that has come upon our community. Nobody can dispute that we have to try as many ways as we possibly can to address this issue. The roll-out of Opal causes a lot of debate in Central Australia at this point of time. Obviously, there has been no agreement within the Alice Springs community as to whether that is the right thing to do.
What is more important, I believe, is this government needs to address the trafficking of sniffable petrol. That is the main cause of the problem. While the Substance Abuse committee is looking at the underlying causes of petrol sniffing, the other side of the coin is that there are many senior people trafficking petrol to the young sniffers. Until we get very firm and prosecute people who are caught trafficking petrol, I believe the problem will continue to occur in Central Australia.
I will not speak more about the underlying causes; we have debated this at great length in this Chamber. The government needs to be firmer with petrol sniffing. Tipping out alone is just not enough; there needs to be stronger legislation about petrol sniffing and, more importantly, strong legislation to prosecute every person who is found trafficking petrol. There can be Opal petrol right across Alice Springs but, to get the other petrol, they can go to Ti Tree, Wycliffe Wells, Wauchope, Tennant Creek or Katherine - and it just goes on. You have to stop the movement of sniffable petrol to the children. If we can do that, then, I believe, we will have an effective way of stopping it. Otherwise, just rolling it out in Alice Springs alone is not adequate.
Mrs BRAHAM (Braitling): Madam Speaker, yes, petrol sniffing is a scourge and, yes, we should be trying to find solutions for it. However, saying that we are going to put Opal across Alice Springs is a fairly simplistic view and is not recognising the fact that we have a very mobile, transient population. What are we going to do - put something at the border coming from South Australia? To every tourist who comes along with their caravan say: ‘Empty your fuel out’? It is too simplistic. You have to look at the reasons for petrol sniffing. You have to understand that people are already changing their habits. They are experimenting with the Opal to see if they can add something to it to get a high. They are looking at glue and nail polish for the girls.
Banning petrol and putting in Opal will not solve your problem. That is the sad part about it. You have to look at the lifestyle and why they are doing it. Your VSA legislation has turned out to be so complicated, when we look at the regulations and guidelines. I am not quite sure whether you are going to get the cooperation of communities to implement what you are hoping to do. In a way, to say we will make Opal available in Alice Springs only is a very simplistic look at a huge problem. It has complications for people right across the Territory, not just the Centre.
Are you going to put it in Darwin, as well as the other regional centres? Are you going to ban it on pastoral properties which use it also? Let us face it; it is an enormous task. You have to start looking at education, lifestyle, and services on communities, to make sure there are other reasons for people not to sniff petrol. You have to have a look at the consequences, if you do this, of the whole picture of the tourist industry and the transient population in Central Australia and the effect it will have on them.
Ms LAWRIE (Family and Community Services): Madam Speaker, I thank the members opposite for their support of the action the government is taking to address the scourge of petrol sniffing. I pick up on the shadow minister’s comments. I can assure the shadow minister the government is very serious about being firm with traffickers. That is why we have harsh penalties in our legislation that we have introduced - the first legislation of this nature in Australia with such harsh penalties. I compliment the work done by the minister for Police and, indeed, the police in Central Australia. They have a specific task force there, which has been very proactive in chasing down the issue of trafficking. I can assure you the government is extremely serious about tackling the traffickers and pursuing them through the courts with the harsh penalties we have put in place in the legislation.
I agree with the member for Braitling; you do have to look at the underlying causes of petrol sniffing. The government has shown, since 2001 when it came to power, that it is very serious about improving the life and the opportunities for people in remote Northern Territory, and that we are a government for all of the people of the Northern Territory. We are improving the living conditions and education in the bush.
Madam SPEAKER: Minister, your time has expired.
Mr VATSKALIS (Multicultural Affairs): Madam Speaker, this morning I had the very great honour to be able to open the sittings with a representation of our Lord’s Prayer in Greek, my first language. I would like to thank you, Madam Speaker, for acknowledging one of the major ethnic groups of our Northern Territory community, the Greek community, which has made major contributions to our local business and community enterprises.
The Northern Territory is, essentially, a multicultural, multilingual and multi-faith community. We are all proud to say that, on the whole, we are a community which is more than tolerant; we strive to be accepting of each other in our differences. However, racial harmony, cultural and religious tolerance can all be fragile concepts which cannot be taken for granted.
This government is committed to pursuing the age of multiculturalism. The report I present is, in fact, the first annual report of the Territory’s first multicultural policy, Building on the Territory’s Diversity.
As honourable members would be aware, this innovative multicultural policy was launched in February 2005. The policy sets in place a framework for government actions and activities to become more coordinated and coherent. It sets in place four clear principles which government agencies must demonstrate programs against. The four principles are: valuing diversity; fair access; encouraging participation; and mutual respect.
The annual report outlines initiatives that have been undertaken by various agencies under each of these four main principles, such as: the increased provision of housing to refugee families by the Department of Local Government, Housing and Sport; the provision of multi-faith spaces in Darwin Prison by the Department of Justice; Anula Primary School’s Children to Preschool project where, in consultation with the African community, a bus service has been established to assist refugee children of appropriate age groups to attend preschool to help them with their transition into schooling; and the development of diversity policies by several agencies.
The report also acknowledges key achievements and emerging issues which threaten the culturally and linguistically diverse sector, including the establishment of a Senior Reference Group on Multicultural Affairs. This group is comprised of senior representatives from all government agencies, as well as from the peak multicultural bodies. The Senior Reference Group on Multicultural Affairs has helped to coordinate cross-agency initiatives, such as the submission made to the Commonwealth government seeking the reinstatement of humanitarian settlement in Alice Springs. The network of agencies and relationships created through this exercise will continue to ensure we are informed about the Northern Territory’s capacity to meet the requirements and special needs of humanitarian entrants in the future.
To address and acknowledge emerging issues pertaining to refugee migrants, the Office of Multicultural Affairs has commenced the African Community Consultation program, which has been designed to help understand the needs of refugee migrants. Data collected from interviews with African refugee migrants will be available for government and service providers when considering service delivery and policy development criteria affecting this group.
Another emerging issue is the effect of international and national problems, and misunderstanding of Islam, on our local Muslim community. This government will continue to engage with the Muslim community, and to assist with events such as their open day to be celebrated in Darwin and Alice Springs, to assure the community that they are not isolated. In this vein, the Office of Multicultural Affairs, in partnership with the Office of Youth Affairs, will also be holding Islamic youth forums in both Darwin and Alice Springs during Youth Week on 8 and 9 April to learn about the issues affecting young Muslims in the Northern Territory.
I would like to take this opportunity to acknowledge and thank all Northern Territory government agencies for their work in the implementation of the multicultural policy. I hope we continue to build on this good work and improve outcomes for the culturally linguistically diverse sector.
Madam Speaker, this document reports on the first 12 months operation of the multicultural policy. The next annual report under the multicultural policy will be timed to coincide with the agency annual reporting. Accordingly, the next report will be for 2006-07. I commend to you and table the first annual report under the multicultural policy.
Dr LIM (Greatorex): Madam Speaker, the minister ranged widely in his report, including talking in detail about the Greek community as well as the Islamic community across the Northern Territory. I accompanied Senator Nigel Scullion and the member for Braitling when they attended the Harmony Day session with the Islamic community in Alice Springs, which went very well.
With the little time we have in this ministerial report, I would like to comment a little about the minister and his apparent ingratiation of himself with the Greek community. The Cypriot community recently contacted him to celebrate a very significant event in the same way that the government funded the celebration of the Greek win in the Soccer Federation cup. Marcos Baghdatis is a Cypriot who reached the finals of the Australian Open in tennis. The Cypriot community approached the minister and had an undertaking from him that he was going to sponsor a function to celebrate this significant event for the Cypriots. The Cypriot community in Darwin went to a lot of cost to put the event together and, at the last minute, this minister who gets up and said: ‘Here I am, I am a Greek, I support Greeks’, suddenly decided that the Cypriots did not deserve his support.
It is very bad that a minister gives his undertaking and, then, turns around and pulls out at the last minute after a community has expended significant sums of money to put an event together. This minister owes the Cypriot community a big apology, and he had better make good.
Madam SPEAKER: The overall time for ministerial reports has expired.
Reports noted.
Bill presented and read a first time.
Mr STIRLING (Treasurer): Madam Speaker, I move that the bill be now read second time.
Honourable members would be aware that the Territory operates a compulsory Motor Accidents Compensation Scheme which provides benefits for Territorians injured or killed in motor accidents. Benefits are provided for loss of earnings, hospital and medical costs, and costs of rehabilitation and attendant care if required. Financial compensation is also provided to dependants of persons killed as a result of a motor vehicle accident. The scheme is a generous one in that compensation is provided, in most cases, regardless of who caused the accident, which avoids the stress, cost and delays associated with seeking compensation through the courts. Only two other jurisdictions in Australia operate similar no-fault motor accident compensation schemes.
The Motor Accident Compensation Scheme is funded by contributions from motorists paid at the time of registering or reregistering a motor vehicle. The Territory Insurance Office is the administrator of the scheme. In order for the scheme to be managed in a stable and sustainable manner, it is important for contributions to the scheme to move in accordance with underlying costs of operating the scheme and providing compensation benefits. In other words, it is important for contribution amounts to vary in accordance with factors such as growth in wages and salaries, health and medical costs, and the incidence and severity of motor vehicle accidents in the Territory. Contribution amounts also need to be sufficient to maintain an appropriate solvency position for the scheme to ensure its ongoing viability and that the scheme is sufficiently funded to provide compensation in the future for those seriously and permanently injured.
Under the existing provisions of the Motor Vehicles Act, I am responsible for determining motor accident compensation contribution amounts acting on the advice of the Territory Insurance Office Board. The government now seeks to implement a more independent and transparent process for determining Motor Accident Compensation Scheme contributions.
The legislation before the House today provides for the appointment of a Compensation Contribution Commissioner as an independent statutory officer responsible for determining Motor Accidents Compensation Scheme contribution amounts. In the discharge of statutory functions, the commissioner would be required to consider the recommendations of the Territory Insurance Office and to consult with me prior to making a final determination. The commissioner would be required to determine contribution amounts in accordance with the prescribed prudential standards aimed at maintaining an appropriate solvency position for the Motor Accident Compensation Scheme.
Determinations would also be measured against an affordability standard which would be expressed as a proportion of average weekly earnings. The regulatory parameters for the commissioner’s determinations are to be established by regulation under the act.
The reforms embodied in the legislation will promote greater stability, accountability and transparency in the administration of the Territory’s Motor Accident Compensation Scheme, and will ensure that Territorians injured receive timely motor accident compensation for as long as required.
Madam Speaker, I commend the bill to honourable members.
Debate adjourned.
SUSPENSION OF STANDING ORDERS
Take Two Bills Together
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that so much of standing orders be suspended as would prevent bills entitled Victims of Crime Rights and Services Bill 2006 (Serial 44) and Victims of Crime Assistance Bill 2006 (Serial 45):
(a) being presented and read a first time together and one motion being put in regard to, respectively, the
second readings, the committee’s report stage, and the third readings of the bills together; and
Bills presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bills be now read a second time.
The purpose of these bills is to implement this government’s election commitment to reform support services of victims of crime. These reforms provide a fresh focus and approach to the needs of and support for victims of crime. This is one of the most wide-reaching reforms of victims’ services ever undertaken in the Northern Territory.
Victims’ services in the Territory are currently inefficient and uncoordinated. This has been the case for many years. The victims compensation scheme provided by the Crimes (Victims Assistance) Act has been operating at an enormous annual cost to the Territory, yet much of those costs have not been going to the victims of serious crime, the intended beneficiaries of this scheme, but have been spent on legal costs. The current compensation scheme is also too slow in providing financial support, intimidating for victims and overly complex.
There are many excellent government and non-government victims’ services across the Territory but they do not exist within a coordinated framework. This means that services for victims cannot be provided as efficiently or effectively as they should be. The reforms that I introduce today will provide a means to ensure that this is no longer the case.
These proposed reforms are largely based on recommendations made by the Crimes Victim Advisory Committee or CVAC. CVAC is a statutory body, comprised of members from both within and outside government, established to provide the Attorney-General with advice about matters affecting victims of crime. The committee is chaired by a magistrate and includes representatives from Victims of Crime NT, the Sexual Assault Referral Centre and the Witness Assistance Service of the Office of the Director of Public Prosecutions, as well as a non-government legal practitioner and medical practitioner. Over the years, it has always provided government with independent, sound and thorough advice.
The reforms represent the second stage of a process that began in 2002 with amendments to the Crimes (Victims Assistance) Act based largely on recommendations made by CVAC in a 1997 report. While the 2002 amendments have resulted in improvements to the scheme by simplifying the compensation process, reducing the amount of money spent on legal costs, and speeding up the assessment process, it is still an adversarial process that can be slow and intimidating for victims. After the 2002 reforms were put in place, a further consultation process was undertaken to further improve the system.
In November 2002, a discussion paper was released seeking general community comment on possibilities for improved assistance and support for victims. The responses to these papers were consistent with the wider recommendations made by CVAC in its 1997 report relating to the establishment of an administrative and counselling scheme. The submissions received also showed an overwhelming support for claims for assistance to be assessed by a tribunal or administrative process rather than through a court process.
There was general support for the use of counselling as a more immediate response to victims’ needs. Submissions also indicated that other types of immediate assistance should be available to victims in addition to counselling. Many of the submissions focused on the provision of a scheme that could respond to victims’ needs in a timely manner and assist them to come to terms with, and recover from, the crimes committed against them as quickly as possible. There was recognition that lengthy delays in assistance can exacerbate the effect of the crime.
Another issue that arose was whether there was a need for the creation of a victims’ register in order to provide victims of crimes with information about the release dates and other relevant information relating to offenders. This issue was referred to CVAC in 2004 and a final report was provided in April 2005, recommending a register be established and advising the form it should take. These recommendations are adopted as part of this legislative package.
The first of these bills, the Victims of Crime Assistance Bill 2006, repeals and replaces the Crimes (Victims Assistance) Act, and establishes a new administrative assessment scheme for the provision of financial assistance to victims of violent crime. It also establishes a counselling scheme which will provide immediate counselling assistance to victims across the Territory.
The second bill, the Victims of Crime Rights and Services Bill 2006, consolidates all other Territory legislation related to victims. It establishes a Crime Victims Services Unit, CVSU, and a victims’ register. It also repeals and replaces the Crime Victims Advisory Committee Act and provides for the Attorney-General to issue a charter of victims’ rights.
I now turn to the specific details of the legislation. The Victims of Crime Assistance Bill 2006, repeals the Crimes (Victims Assistance) Act which provides the current court-based compensation scheme for personal injuries, known as the CVA scheme. As mentioned earlier, this scheme has come under criticism in the past for a range of reasons including: being too complex and intimidating for victims; being too slow in the resolution of claims; and for not providing any up-front assistance when victims require it most.
Significantly, it also provides the lowest maximum payment in Australia for a criminal injuries compensation scheme. At present, there is a $25 000 maximum award available to victims of a crime. Awards can be comprised of both economic loss - for example, medical expenses and loss of earnings - and non-economic loss - for example, pain and suffering. They are assessed by the local court on common law principles for the assessment of damages in personal injury cases. Almost all victims require to be, and are legally represented, resulting, on current figures, in around 40% of the costs of the scheme being spent on the legal costs. In 2004-05, almost $2m was spent on these costs.
Research has shown that immediate assistance, support and counselling is one of the most effective ways to help victims of crime overcome and rehabilitate from the effects of the crime. Despite that understanding, there is currently, under the existing legislation, no ability to provide immediate assistance to victims needing urgent help; for example, to meet urgent medical or dental costs or replace essential items such as glasses. Family members of murder victims cannot even get immediate assistance to pay for funeral costs.
It is proposed to abandon the current litigation-based scheme and adopt a scheme for administrative assessment of financial assistance for personal injuries resulting from a crime. The main elements of the proposed scheme are as follows. There are three main types of assistance: counselling assistance, financial assistance for economic loss - for example out of pocket expenses; and financial assistance for compensable injuries similar to the awards for pain and suffering made at common law. All victims, including extended family members of the primary victim, are eligible for counselling. Victims who are eligible for compensation under the Work Health Act or Motor Accident Compensation Act will be eligible for counselling but will not be eligible for financial assistance under this scheme. Total maximum financial assistance for a single primary or secondary victim will increase from $25 000 to $40 000. The $40 000 maximum can include up to $10 000 in financial loss, such as the loss of earnings and medical costs, and up to $40 000 for the injury itself as long as the overall total financial assistance does not exceed $40 000.
Compensation for the injury itself will be determined by a table of compensable injuries which will specify set amounts for specific injuries. A minimum threshold of $7500 will be introduced in relation to compensable injuries, although it would be able to be met by a combination of several separate injuries. There will be no minimum threshold for financial loss. Of the $10 000 maximum available for financial loss, up to $5000 can be made immediately available to victims in circumstances of hardship. Applications for financial assistance will be made to the new CVSU established under the Victims of Crime Rights and Services Bill 2006. The application process will be simplified and the case managers at the CVSU will be available to assist victims to prepare their applications.
Final decisions as to the eligibility and assessment of awards will be made by legally trained assessors on an administrative basis. Guidelines will be developed to assist the Director of the CVSU and the assessors in making decisions. Appeals will be available to the local court against the decision of an assessor, and legal costs will be payable for successful appellants. The current provisions of the Crimes (Victims Assistance) Act providing for recovery of assistance from an offender and the establishment of the Victims Assistance Fund, including the imposition of the victims levy, will continue in the same form.
I now turn to the elements of the scheme in more detail. As with the current scheme, under the Crimes (Victims Assistance) Act, financial assistance is not payable in relation to any type of criminal offence. It is only payable for an offence that has resulted in injury to or death of a person. Under clause 5 of the Victims of Crime Assistance Bill 2006, these offences are referred to as violent acts.
The bill specifically defines four types of victims who are eligible for assistance: primary victims; secondary victims; family victims; and related victims. Under clause 9, primary victims are persons who suffer an injury as a direct result of a violent act. In addition, a primary victim is also a person who suffers an injury as a result of trying to prevent the commission of a violent act, trying to rescue or help a victim of a violent act, or trying to arrest a person. For the purpose of defining family victims, a primary victim is also a person who has died as a result of these incidents. Each primary victim of a violent act is eligible for: counselling; financial assistance for one or more compensable injuries up to $40 000, providing the $7500 threshold is met; and financial assistance of up to $10 000 for financial loss, including immediate assistance of up to $5000 in circumstances of hardship. The overall total of the financial assistance components must not, however, exceed $40 000.
For the primary victim, financial loss can be the loss of earnings, medical expenses, expenses due to the loss of clothing and other personal effects or, in exceptional circumstances, other expenses to assist his or her recovery; for example, relocation expenses or security measures.
Clause 11 defines a secondary victim for the purposes of the assistance scheme. A secondary victim is a person who was present at the scene of a violent act, or suffered an injury as a direct result of witnessing the violent act. In addition, a secondary victim can be a person who suffers an injury as a direct result of subsequently becoming aware of the violent act. This is limited to parents, step-parents or guardians of a primary victim who is a child or, if the primary victim is not a child, it is limited to the children, stepchildren or children under the guardianship of the primary victim. A secondary victim of a violent act is eligible to apply for the same range of assistance available to the primary victim, other than expenses due to the loss of clothing or personal effects.
The same maximum amount of $40 000 is available to a secondary victim. However, in this case, $40 000 constitutes a pool that is to be shared amongst all secondary victims of each violent act. This recognises the need to give principal support to the primary victims over other persons affected by the crime but, nonetheless, ensures that persons affected by a crime have access to an appropriate level of financial assistance. Recognising the special place of witnesses of a violent act who were the parents or children of a primary victim who died, this type of secondary victim takes primacy over other secondary victims.
The third definition of victims eligible for assistance under this new scheme is the family victim. This category recognises the fact that there is a wide range of family members who may suffer and also incur expenses on behalf of a primary victim who dies, such as funeral costs and medical costs. Family victims will be entitled to claim for financial loss of up to $10 000 including up to $5000 in immediate payments. This can be funeral expenses, loss of financial support from the primary victim, the primary victim’s medical expenses, and other expenses to assist the family victim to recover.
Clause 13 provides that a family victim is a person who is the spouse or de facto partner of the primary victim, or who is a parent, step-parent or guardian of the primary victim, or who is a child or a stepchild under the guardianship of the primary victim, or a person entirely or substantially dependent for financial support on the primary victim. Clause 13(2) clarifies that in relation to family victims, a reference to a child of a primary victim includes a reference to a child of a primary victim born after the violent act occurs. This would cover a child who survived, despite being in utero when their mother was murdered.
Unlike the other categories of victims, a family victim need not suffer a physical or mental injury. Financial assistance in this case is aimed at assisting people who have been dependent on the primary victim in one way or another, and those who have incurred expenses on behalf of another. Family victims of any violent act, whether it involves the death of the primary victim or not, are eligible for counselling. Similar to secondary victims, it should be noted that, under clause 40 of the bill, there is a pool of $40 000 available that is to be shared between all family victims of each violent act. However, family victims who are totally or substantially dependent on the primary victim take primacy over other family victims.
The final category of victim is the related victim. This definition recognises that a wide range of people may be affected by a violent act committed against a person, and that they may need support in coming to terms with a friend or relative’s death or injury. Clause 15 defines the related victim as a person who is not a family victim as defined by clause 13, but who is a relative of, or has an intimate personal relationship with, the primary victim. This category goes well beyond what is available under the current scheme, as it is not necessary that the related victim prove an injury. However, to ensure that the category is not open to abuse, the regulations may exclude persons from the category and, as with secondary or family victims, a person cannot be a related victim if the person committed the violent act. All related victims are eligible for counselling.
One of the most significant aspects of the reforms is the establishment of the victims’ counselling scheme under Part 3 of the bill, which will provide immediate counselling assistance to victims and the extended victims of crime. This form of immediate assistance is much more effective in assisting victims to come to terms with the affects of a crime than the current approach that provides only financial assistance, provides it via an intimidating court process, and provides it long after the event.
Funding for victims assistance is considered to be better directed from financially compensating victims with less serious or minor injuries to a counselling scheme which will assist a wider range of victims with all levels of injury and will assist their recovery in a more practical and positive way. Money will never compensate for the trauma or loss associated with violent crime. What is needed is a scheme that channels resources into a more effective means of recovery.
A tender process will be undertaken across the Territory so that non-government organisations or individuals can be engaged on a contractual basis to provide immediate crisis counselling for victims in different regional areas across the Northern Territory. This follows the model used in both Western Australia and Tasmania. An important aspect is that this funding will enhance the current services in regional areas and allow existing agencies to take on more staff. These regional services may be able to reach more remote areas as part of their service. Additionally, in the regional and remote areas where formal counselling is not always appropriate, it is anticipated that part of the engagement will include general victim support, assistance and referrals, and other services such as the establishment of victim support groups and community victim education programs.
There will be no set upper limit on the amount of counselling that an individual victim may be able to receive under the scheme. However, if a counsellor determines that a victim requires further ongoing specialist psychological or psychiatric treatment, the cost of this treatment will need to be dealt with as part of the formal application for financial assistance, as the counselling organisations are not envisaged to be able to provide that ongoing specialist approach.
The other aspect of the change in focus to up-front assistance is provision for immediate monetary assistance. Up to $5000 can be made immediately available to victims for out-of-pocket expenses in circumstances of financial hardship. This can include payment of up-front medical expenses including ambulance and dental; replacement of personal items such as clothing and glasses; relocation costs; security measures; and funeral costs. This type of assistance is one of the advantages of moving to an administrative scheme because it can provide financial assistance closer to the event when it is usually most needed and most effective, and to those most in need of help.
Division 2 of Part 4 of the bill deals with these immediate payments. Unlike assessments for general awards of financial assistance which are decided by assessors, decisions about immediate payments will be made by the director. Under clause 28, a decision by the director in relation to an application for an immediate payment will not be reviewable or appealable. However, a victim can still apply for a general award of financial assistance under Division 3 of Part 4 if their application for immediate payment has been rejected. As immediate payments are decided by a director on a less formal basis, an assessment must reconsider any immediate payments when deciding on a general award of financial assistance. Immediate payments will be deducted from any ultimate award of financial assistance for financial loss; that is, immediate payments will be included in the maximum of $10 000 for financial loss.
The third type of assistance available is in relation to the actual injury to be known as a compensable injury. The amount of financial assistance for compensable injuries will be determined according to a table prescribed by the regulations that will list compensable injuries and specify the amount payable for each injury. The use of a table will assist in ensuring applications are dealt with as quickly as possible and ensure consistency of the amount of assistance. It will also provide greater transparency to the process and more certainty for applicants.
A significant aspect of the table is that it is proposed that sexual assault victims will no longer need to prove a specific injury. They will only need to establish that the relevant assault or assaults have taken place. This will reduce the stress of such victims, as they will no longer have to go through the indignity of proving the assault and their injury, the impact of the injury, and that they have actually suffered from the assault. It is proposed that there will be three levels of compensation for sexual assault victims depending on the seriousness of the offence including such things as whether there was violence involved, whether there was more than one offender, or if there was actual intercourse.
Assistance for compensable injuries must reach a standard amount that is to be prescribed by regulations. The other forms of assistance - that of counselling and recovery of financial loss - do not have to exceed the standard amount. In effect, the standard amount will set a threshold of $7500 in relation to compensable injuries for which financial assistance for compensable injuries is payable. The standard amount can be met by a combination of one or more compensable injuries. The introduction of a threshold is consistent with the approach taken in victim’s assistance schemes in other jurisdictions. For example, New South Wales also applies a minimum threshold of $7500. In Queensland, financial assistance is only available for harm caused by an indictable – serious – offence, and the Australian Capital Territory limits financial assistance for non-economic harm to cases where there is an extremely serious injury.
The provision of a threshold amount is also consistent with the policy taken in respect of several personal injury claims that was introduced by the Personal Injuries (Liabilities and Damages) Act 2003 as part of the national process of tort law reform. At present, compensation for non-pecuniary loss is not recoverable where that loss is assessed at less than 5% impairment. The setting of a threshold must be viewed in the context of the increased maximum from $25 000 to $40 000 and the additional provision of counselling. Funding for assistance schemes by governments is not unlimited, and the object of a criminal injuries compensation scheme must be to provide assistance to victims in a balanced, fair and appropriate manner, and to ensure that funds are directed to victims who have the greatest need.
Another significant aspect of the bill is that it disentitles a victim who may also be eligible to apply for compensation under the Work Health Act or the Motor Accidents Compensation Act. Neither of these schemes allow for compensation for pain and suffering. At present, a victim of crime can apply under both schemes for compensation. There is some evidence that the current scheme has increasingly been used to top up claims that are otherwise covered by these schemes. This government believes that it is inappropriate to allow people to shop around and access compensation from a variety of funds. The different statutory compensation schemes provide different types and amounts of assistance and, therefore, should be completely separated. For example, the Work Health Scheme provides for much higher amounts of compensation for serious bodily impairment than has ever been available under the victims’ assistance scheme, and it does not limit the economic loss component.
On the other hand, the Work Health Scheme does not compensate for pain and suffering. The effect of allowing victims to access a variety of compensation schemes is that these victims will often be better off than other victims of crime or injured workers who only have access to one scheme. This puts unnecessary and unfair pressure on these funds and creates unjust inconsistencies between injured persons. For example, in relation to the level of injuries from a motor vehicle, it is irrelevant, in terms of the harm occasioned, whether a person was injured as a result of a pure accident or by an act of dangerous driving. Nevertheless, consistent with the emphasis on counselling as a means of minimising harm suffered, the counselling scheme will be extended to victims who are eligible for compensation under those other schemes.
I now turn to the application process for the awards of financial assistance. Applications for general financial assistance, as opposed to immediate payments, will be made directly to the Director of the CVSU. Officers of the CVSU will be available to assist applicants in preparing their applications, including accessing police reports for that purpose.
Clause 31 of the bill provides that an application must be lodged no later than two years after the injury or death occurred. The current scheme only allows a 12-month time limit after the offence has occurred. The two-year limit can be extended by the director if he or she considers the circumstances are justified.
Once an application is finalised, the director must give the application to an assessor for assessment in accordance with Division 4 of Part 4. Assessors are empowered under clauses 35 and 36 to require an applicant to undergo examinations and to obtain information and make inquiries necessary for the assessor to make a proper decision. As with the current Crimes (Victims Assistance) Act, the assessor may reduce the award or not make the award in certain circumstances - for example, where the application was made in collusion with the offender. This is to ensure that the scheme is not abused.
Once the assessor makes a decision, he or she must give the director a notice of the decision which must be forwarded to the applicant. Notification must include details of the award or awards and the reasons for the decision. It can also specify how the assistance is to be paid or managed, such as by the creation of a trust if the application was made on behalf of a victim. If the application is rejected, the assessor must provide reasons and details of the appeal procedures. Division 5 of Part 4 governs the payments of financial assistance and provides that the Territory must pay the victim within 28 days of the notification to the applicant.
Clause 46 provides that a victim may apply for an increase in the award. This is to cover situations where there has been a significant change in the circumstances, such as the injury has become more serious than was the original prognosis. An increase can only be granted if the maximum amount of financial assistance of $40 000 has not already been made ...
Madam SPEAKER: Minister for Justice and Attorney-General, I take this opportunity to draw the attention of members to the presence in the gallery of Year 10 St John’s College students accompanied by Philippa Hamilton-Smith. On behalf of all honourable members, I extend to you a very warm welcome.
Members: Hear, hear!
Dr TOYNE: On the other hand, clause 47 allows for an assessor to require the refund of an award if the victim is not entitled to assistance; for example, if the victim later receives compensation from the offender or another source.
One of the consequences of introducing an administrative scheme is to move away from legal representation for applicants. Some concern has been raised that the removal of the right to payment of legal costs in relation to an application amounts to victims losing their right of legal representation. However, the application process will be simplified to such an extent that legal assistance will not be necessary. Legal representation is not necessary where a fair and transparent compensation process exists. In the event that a victim is dissatisfied with the decision of an assessor or the director, he or she can appeal to the local court under the provisions of Division 6 of Part 4. Legal costs will be payable on that appeal where the appellant is successful. The existence of appeal rights and the scrutiny of decisions by a court ensures the soundness of the administrative process.
Under the current scheme, the Northern Territory may apply to a court for recovery of an amount of assistance from the offender. The bill also retains the current Victims Assistance Fund and the victims levy in essentially the same form as under the current Crimes (Victims Assistance) Act.
Part 7 of the bill provides for a range of miscellaneous matters, including the issuing of guidelines and regulations. These will be important as they will provide more detailed guidance to the director and assessor as to the preparation of applications and the assessment process. Simple forms will be developed during the implementation phase of the new scheme and these will be prescribed by regulations. The regulations will also prescribe the table of compensable injuries, setting out the amounts payable in relation to specific injuries. The scheme will apply to all applications made after the act commences, even if the offence occurred prior to that date.
I propose to review the operation of the scheme after the first three years of operation. Although I am confident that this new scheme will dramatically improve the assistance available to victims across the Northern Territory, as with any reform, it is essential to make sure that it is operated as fairly and efficiently as envisaged, and provides the maximum benefit to the people it is designed to help.
I now turn to the second bill I introduced today, the Victims of Crime Rights and Services Bill 2006. The operation of the new counselling and financial assistance scheme is dependent on this act, as it establishes the new Crime Victims Services Unit, the CVSU, whose main role will be to operate and provide assistance to victims in relation to the assistance scheme, including the counselling scheme. Other roles will be to provide administrative assistance to the Crime Victims Advisory Committee, the CVAC; establish and maintain the victims’ register; promote and oversee the operation of the Charter of Victims Rights; provide community education about the rights of victims; and coordinate services provided to victims by the Northern Territory.
Part 3 of the bill provides for the establishment and operation of the CVAC. The current legislative provisions for the CVAC are contained in the Crime Victims Advisory Committee Act. They will now be moved into the Victims of Crime Rights and Services Bill 2006 so that the bill becomes a consolidation of the victim-related legislation, complementing the Victims of Crime Assistance Bill 2006. Other than technical changes, the only substantial change to the CVAC provisions is to provide for the director of the CVSU to be a member of the committee.
Part 4 of the bill establishes the new Victims’ Register. As I mentioned earlier, this reform is based on the April 2005 report from the CVAC. The purpose of the register is to allow victims to elect to receive information about an offender who has been imprisoned or committed a violent offence against them, as the offender proceeds through the correctional system. It also allows such victims to make written submissions to the Parole Board in relation to the relevant offender. The evidence and feedback from victims’ groups has been that this kind of information and the right to make submissions as to parole will provide victims with a great deal of certainty and comfort as they try to recover from the trauma resulting from the offence.
Information about release dates and the relevant offender’s behaviour in prison allow a victim to prepare for the effect that the offender’s release may have on them and their family. Especially in a jurisdiction with such a small population as the Territory, a victim can run a real risk of bumping into an offender after he or she has been released. If the victim is not aware the offender has been released, this can cause enormous pain and stress for the victim.
It must be remembered that the right of victims to access this information, and the general community interest in ensuring victims recover from the effects of crime as quickly and as easily as possible, must be balanced against privacy concerns in relation to prisoners and the community interest in assisting and encouraging their rehabilitation. The bill has been carefully drafted to balance these rights. There is no point in a victim receiving personal information about an offender if it will not actually assist the victim, or if the victim does not want to receive the information. Access to an offender’s personal information should also not be provided if it would put the offender at risk.
People who will be automatically eligible to be registered are victims in relation to whom an offender has been sentenced to a term of imprisonment for a violent offence. This can include the legal guardian of a victim who is a person under a disability or who is a child. To be registered, the victim must have been injured, including psychologically injured, as a result of the offence. Clause 19(2) sets out a list of concerned persons who can also be registered in appropriate circumstances with the approval of the director of the CVSU. These include the primary caregiver of an injured victim, a person with a history of domestic violence from the offender, a victim of a violent robbery, and a victim of an unlawful entry who was in the building at the time. There is also a general catch-all category of a person with a ‘substantial concern with the relevant offence’.
There will be guidelines developed to ensure that the director appropriately exercises his or her discretion in relation to the registration of concerned persons; for example, so that only people who are under a real threat of intimidation of violence, or their guardian or nominee, can be registered.
It should be noted that where an offender is a child, the victim will not be automatically eligible to be registered. Under clause 21(2), the director must be satisfied that the circumstances justify the registration where a child offender is involved. Of course, there may be situations where registration of a victim in relation to a juvenile offender may be justifiable and desirable; for example, where a serious sexual or other violent assault has been committed by the juvenile. However, where a young offender is involved, it is vitally important to ensure that he or she can be given the greatest chance of rehabilitation. The discretion in relation to juveniles permits a balancing of interest to be undertaken.
A victim or a concerned person can apply to be put on the register at any time before the offender is discharged from the sentence of imprisonment. This brings me to the actual information about the offender that will be made available to registered persons. There are two categories of information. First, the information that is automatically available, and second, information that is available only on specific request.
In relation to the first category, if the offender is sentenced to a non-parole period, the registered person is entitled to be informed of the earliest possible date of release on parole, the date where the Parole Board is to consider release on parole, the actual date of release on parole; the conditions of a parole order, and the revocation or cancellation of a parole order. If the offender is under a suspended sentence order, the registered person is automatically entitled to be informed of the date of release from prison under a suspended sentence order, the conditions of a suspended sentence order, and the variation, revocation, cancellation or discharge of a suspended sentence order.
Also, generally in relation to an offender serving a term of imprisonment, all registered persons are automatically entitled to be informed of the offender’s transfer to another prison interstate or overseas, escape from prison or any recapture, the actual date of discharge from prison, any other sentence that may affect the earliest date of release or period of imprisonment or suspended sentence order, if known, the locality where the offender intends to reside, the death of the offender, and any other further information specified by the regulations.
In relation to the second category of information - that is information only provided to a registered person on request - a registered person is entitled to be informed of a transfer of an offender to another prison in the Territory, the status of the security rating and any change in status, courses or programs undertaken for rehabilitation, any approved leave or absence from prison, and any further information specified by the regulations. Even if an applicant is registered after the offender is discharged from prison, the victim or concerned person can be registered. This will allow them to receive information that may still be relevant such as where the offender intends to reside and whether the offender died in prison.
Clause 24 provides registered persons with an express statutory right to make written submissions to the Parole Board about an offender who is about to be considered for release on parole. At present, the practice is that any written submissions provided to the Parole Board in relation to an offender will be considered by the board. However, this practice is ad hoc and the onus is on the victim to contact the Parole Board to find out when the offender’s parole is being considered. There is no express statutory right for victims to make submissions to the board, nor is there a formal process for this practice. Consequently, many victims are either unaware that making a written submission is an option, or are deterred from doing so because of the difficulty in contacting the board. The statutory right provided to registered persons to be informed of the date an offender is to be considered for parole, along with the right to make a submission, will address these current deficiencies. It should be noted that the Parole Board is not restricted to considering submissions from registered persons; for example, a victim may not want to be placed on the register but he or she may still want to make a submission to the board in relation to parole.
Under clause 26 the CVSU is not obliged to give information to a registered person if the director reasonably considers the information should be withheld. This clause is supported by the Information Commissioner and is an approach taken in other jurisdictions in relation to their victims’ registers. The purpose of this clause is to protect offenders in cases where the offender may be at risk; for example, where there has been threats made against the offender or to prevent cases of vigilantism. There will be guidelines developed in relation to circumstances in which the CVSU can refuse to provide information to a registered person.
In order to maintain the integrity of the register, a registered person will be obliged to provide updates on name changes and their contact details. This is to ensure the CVSU has sufficient information to effectively fulfil its own functions under the bill.
A registered person will also be required to sign a confidentiality agreement in accordance with the regulations. As the information provided to registered persons about an offender is, essentially, their personal information, it should be protected like any other personal information. The provision of this information to registered persons is to assist victims and other people affected by crime to come to terms with the crime and reduce the impact the release of the prisoner may have on the registered person. The information is not for public release. Clause 29 strengthens this obligation by creating a non-disclosure offence. The offence applies to all people, including the CVSU, a registered person and an offender.
The regulations will provide for the circumstances where a name may be removed from the register. This will include where the person requests their name to be removed, where the offender has been discharged from prison, and where the victim cannot be contacted after reasonable attempts.
The bill also provides for the minister to issue a charter of victims’ rights to establish the principles about the way in which the victims are to be treated in the justice system, and to provide for any other matters relevant to the rights of victims. The relevant minister has, in the past, issued a victims’ charter setting out the general principles as to how victims should be treated in the justice system, which also includes lists of victims’ services and contact details. However, this charter has had no legislative backing or central body overseeing its operation. The establishment of CVSU will provide an appropriate centralised office for victims to contact to seek advice in relation to breaches of the charter. The CVSU will be able to conduct investigations and report to the minister on any identified breaches.
These reforms will implement far-reaching changes in the way victims are treated within the Northern Territory justice system. Of course, such wide-ranging reforms can not be implemented overnight. The new CVSU will need to be established, guidelines and forms will need to be drafted, information technology requirements for the operation of the new victims’ register will need to be developed, and counselling scheme commenced. A comprehensive education program will be undertaken to assist stakeholders to understand and prepare for the new scheme.
I am very proud to be introducing these reforms. I believe that they will vastly expand and improve victims’ services in the Northern Territory, and will prove to be of considerable benefit to victims of crime.
Madam Speaker, I commend the bills to honourable members and table copies of the explanatory statements.
Debate adjourned.
Bill presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bill be now read a second time.
The purpose of this bill is to amend various acts falling within the Justice portfolio. From time to time, amendments to acts within the Justice portfolio are necessary or convenient to ensure the ongoing smooth administration of the Justice system. These amendments are primarily administrative in nature and relatively minor in scope. They are not of sufficient size or effect to warrant a stand-alone bill. It is for these reasons that this bill amending nine acts within the Justice portfolio is presented. Many of the amendments modify or update provisions which are technical in nature. Others are intended to clarify the intention of existing provisions. The amendments to the Interpretation Act, in particular, have been requested by Parliamentary Counsel and will provide further assistance in the drafting and interpretation of legislation. I now outline and further detail the amendments that are included in the bill.
The Agents Licensing Act is to be amended to permit the payment of monies from the Agents Fidelity Fund to industry bodies such as the Real Estate Institute of the Northern Territory or the Australian Institute of Conveyancers for their role in improving regulatory compliance and the quality of services provided by real estate agents and conveyancers. The act currently provides a mechanism for payment of monies for educational purposes, and it is appropriate to extend this to cover more general regulatory and developmental roles these organisations undertake for the benefit of consumers generally.
The Associations Act and Co-operatives Act are amended to clarify the application of the provisions to the Corporations Act 2001, should a body incorporated under one of these acts apply to become incorporated under the Commonwealth act. This will remove a potential anomaly.
The Construction Contracts (Security of Payments) Act is amended to clarify that when the Workmen’s Liens Act is repealed, it will still apply to contracts made before the repeal. This ensures processes are in place for an effective and orderly transition to the new dispute resolution scheme. The Construction Contracts (Security of Payments) Act is also amended so that a determination may be enforced as a judgment for a debt in a court of competent jurisdiction. This will simplify procedures under the act and allow resolution of disputes as quickly and efficiently as possible.
The Interpretation Act is amended in a number of ways. This includes consolidating definition provisions for one section, and providing standard definitions for often-used words, rewording some provisions into plain English, and introducing the term ‘statutory instrument’ in place of the cumbersome ‘instrument of a legislative or administrative character’. The term ‘subordinate legislation’ will be used in place of ‘regulations’, which can be misleading as the term currently covers rules or by-laws as well as regulations. Other amendments to improve the mechanisms of the drafting and interpretation of legislation are also included.
The Land Title Act is amended to improve certain conveyancing transactions. This includes allowing a solicitor or other authorised person to execute a mortgage on behalf of a mortgagee. This is not, in itself, a significant amendment, but it will make life easier for banks, purchasers, conveyancers and legal practitioners. The other amendments will protect a mortgagee of a lot burdened by an easement, covenant or a profit a prendre. I hope I got that right.
The Lands and Mining Tribunal Act is amended so as to include the word ‘planning’ in the name of the act and the tribunal. This change is to more accurately reflect the work of the tribunal. The act is also amended to clarify that a decision is not invalid merely because it was given more than two months after a hearing. This removes any potential doubt about this issue. Other amendments provide for the making of consent orders and for the enforcement of cost orders.
The Lands and Mining Tribunal Act currently allows for the appointment of legal practitioners as chairperson and tribunal members. In reality, the only member of the tribunal is the chairperson, who is also a magistrate. This amendment bill has provided an opportunity to amend the act to ensure that the chairperson and members of the tribunal must be magistrates. In fact, all magistrates will automatically be members, which is similar to the situation under the Coroners Act. The terms and conditions of the appointment of a chairperson and members will then be determined under the Magistrates Act, which will remove the executive from the process, setting terms and conditions relating to appointment. This arrangement is the most desirable one for the tribunal such as this, as it is consistent with the doctrine of judicial independence.
The Professional Standards Act is amended to remove possible duplication in financial reporting, auditing and procurement requirements for the Professional Standards Council established under this act.
The Sentencing Act is amended to repeal some provisions that will now appear in the Interpretation Act and to convert a fine currently expressed in dollar terms into penalty units.
Madam Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
Bill presented and read a first time.
Mr HENDERSON (Police, Fire and Emergency Services): Madam Speaker, I move that the bill be now read a second time.
The Terrorism (Emergency Powers) Amendment Bill 2006 amends the Terrorism (Emergency Powers) Act 2003. The key amendment in this legislation is the implementation of a national scheme for the issue of preventive detention orders for persons in relation to a terrorist act which has occurred, or is likely to occur, in the next 14 days, including for the preservation of evidence following a terrorist act. These amendments are designed to give police the tools to effectively prepare for, prevent, and respond to a terrorist act or a threat of a terrorist act.
Members would agree that one of the challenges confronted by democratic governments worldwide is that terrorism can only be effectively tackled by the use of extraordinary powers. To this end, there has been a high degree of cooperation between the Commonwealth, the states and the Northern Territory to enact substantially consistent laws. No one can guarantee the Northern Territory will not suffer a terrorist attack or be the target of a terrorist act. Indeed, the Australian government’s White Paper, Trans-national Terrorism: the Threat to Australia, recognises that world globalisation means Australia is no longer afforded the protection of the so-called sea/air gap; a terrorist attack on Australian soil is possible. If anyone was yet to be convinced of the threat, I remind them that al-Qaeda has, over the last four years, issued a number of statements identifying Australia as a target. Osama Bin Laden, in a statement issued on 3 November 2001, made specific reference to Australia’s involvement in East Timor.
With those preliminary remarks, I turn to the objectives of the bill. Besides making specific amendments to the act, the bill covers two aspects. Firstly, it implements the COAG agreement of 27 September 2005 to introduce preventive detention orders, along with stop, detain and search powers under a special area of declaration issued by the Commissioner of Police. Under this bill, the preventative detention scheme complements the scheme adopted by the Commonwealth in the recent Anti-Terrorism Act (No 2) 2005, and includes provision for the detention of a person for up to 14 days in circumstances where the Commonwealth is unable to legislate for due to constitutional constraints.
The second key aspect expands existing police powers to provide police with the ability to apply to a judge for a covert search warrant in relation to a terrorist act. I will deal with each in turn.
First, in respect to the preventative detention scheme which is provided in Part 2B of the amendment bill, the salient features of the bill include: the provision of the detention of the person; the prevention of contact with specific persons during the period of detention; the monitoring of the person during periods of contact; and applications for revocation or variation of a detention order.
The regime is as follows: an authorised police officer may apply for a preventative detention order to an eligible judge. An eligible judge is a judge who has been declared by the Administrator to be an eligible judge. A declaration cannot be made unless the judge consents in writing to the declaration. An eligible judge has all the protections and immunities as a judge of the Supreme Court has in relation to proceedings in the court. An authorised police officer is a member who is authorised, in writing, to make the application by a senior police officer. A senior police officer is a member holding the rank of Assistant Commissioner of Police or above. The application must be made in the absence of the person and the public. If the judge makes the order and the person is detained under a preventative detention order, the police officer must make an application for the review of the order in the Supreme Court as soon as practical.
The judge must only make a preventative detention order if the judge is satisfied that the person: (a) will engage in a terrorist act; (b) possess a thing which is connected with the planning for, or the engagement of a person, in a terrorist act; or (c) has done an act in preparation or planning of a terrorist act, and the order detaining the person will substantially assist in preventing the terrorist act from occurring. The terrorist act must be expected to occur at some time in the next 14 days. Alternatively, an order may be made for the detention of a person if a terrorist act has occurred in the last 28 days and it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act.
In the review before the Supreme Court, the detainee is entitled to appear and give evidence; call witnesses; examine and cross-examine witnesses; adduce material; and make submissions. In hearing and determining the review, the court is not bound by the principles or rules governing the admission of evidence such as the rule governing hearsay evidence. The court can confirm, vary or revoke the order. If the order is confirmed, it allows police to detain the person for a maximum period of 14 days. This includes any previous periods of detention under the order. The preventative detention order commences when the order is made and ceases at the end of the period of detention. An application for a preventative detention order is unable to be made in relation to a person under 16 years of age.
The authorised police officer who applies for a preventative detention order may also apply for a prohibited contact order. A prohibited contact order prohibits the detainee from contacting a person specified in the prohibited contact order. The detainee or the nominated police officer can apply to the Supreme Court for the preventative detention order to be varied or revoked, but only after it has been confirmed. The detainee or the police officer may also apply to have the prohibited contact order varied or revoked. The detainee can request their lawyer to be given a copy of the order and a summary of the grounds relied on for the making of the order. The detainee’s lawyer is not entitled to obtain any information which is likely to be prejudicial to national security. The detainee retains any rights they may have to apply to the court for a remedy in relation to a preventative detention order or prohibitive contact order, including the remedy in relation to their treatment.
The detainee may contact a family member, employer or other approved person on one occasion for the purpose of letting the person know they are safe and are being detained. The person may also contact an approved lawyer for the purposes of obtaining advice or for arranging for the lawyer to represent the person in the proceedings. All periods of contact will be monitored to ensure the detainee does not commit a disclosure offence. It is an offence for the detainee, a family member, the monitor, lawyer, interpreter or the disclosure recipients to disclose to another person certain information. Severe penalties apply if the person is convicted of a disclosure offence.
Although a detainee is unable to be questioned by police the person may be released from the conditions of the preventative detention order and be otherwise dealt with for a suspected offence under the Police Administration Act or pursuant to a warrant under section 34D of the Australian Security Intelligence Organisation Act 1979.
A police officer is prohibited from applying for a further preventative detention order for a person in relation to the same terrorist act. The terrorist act ceases to be the same terrorist act if there is a change in the date on which the terrorist act is expected to occur. Any preventative detention order or prohibited contact order that is in force at the end of 10 years from the commencement date of the scheme ceases to be in force on that date. The Commissioner of Police must provide a written annual report to the Police minister disclosing, amongst other things, the number of preventative detention orders and prohibited contact orders made during the year, including particulars of the orders. The minister is to table a copy of the reports within seven sitting days of its receipt.
Various approaches to making preventative detention orders have been adopted by the other jurisdictions. Victoria and New South Wales require all applications to be made to the Supreme Court. The Western Australian scheme, which the Territory proposes following, allows for applications to be made to eligible judges. Queensland, South Australia and Tasmania empower a senior police officer to make an order if the order is urgent and it is not practicable for an application to be made in the Supreme Court.
As previously noted, to become an eligible judge, a judge needs to consent to the making of the declaration. Consultation with the judges of the Supreme Court as to what they consider the preferred approach for the conferring of jurisdiction for preventative detention orders and, from a practical viewpoint, as to whether there are judges who would be prepared to accept appointments as an eligible judge, has taken place.
I now turn to the second part of the COAG agreement which give police powers to stop, detain and search a person or a vehicle in a special area on the making of a special area declaration. The special area may be the site of an airport, train station, bus station, ship or ferry terminal or other public area, or be a special event where mass gatherings occur. A special area declaration may be made by the Commissioner of Police, with the approval of the Police minister, if the commissioner is satisfied there is a risk of occurrence of a terrorist act. A special area of declaration may operate for a maximum period of 28 days, although it may be extended by a further seven days. The making of a special area declaration must be notified in the Gazette, although failure to do so does not make the declaration ineffective to any extent.
The powers excisable under a declaration include the requirement for a person to provide a police officer with their name, including proof of identity, date of birth, residential address and their reasons for being in the special area. It is an offence for a person to fail or refuse such a request, or give a name that is false in a material particular, or give an address which is other than the full or correct address of the person’s ordinary place of residence.
A member of the police force may stop, detain and search a person or a vehicle in the special area, or a person or vehicle which has just left or is about to enter the special area, for the purposes of searching for an item which is evidence of, related to, or might be used in, or otherwise connected with the preparation for, or engagement of, a person in a terrorist act.
If the member finds an item which he or she reasonably suspects is a terrorism-related item or a serious offence-related item, the member may seize the item. The owner may make an application for the return of the item. Whether the item is returned or forfeited to the Northern Territory will be determined by a magistrate.
As soon as practicable, after a special area declaration ceases to operate, the Commissioner of Police must provide the Attorney-General with a written report outlining the terms of the powers exercised and any results obtained under the declaration. The Attorney-General must table the report in parliament within seven sitting days after receiving the report.
The next key amendment to the bill allows for the making of a covert search warrant. The objective of making a covert search warrant is to give police the power to covertly enter and search a place if an authorised police officer suspects, or believes on reasonable grounds, a terrorist act has been, is being, or is about to be committed, and the warrants will substantially assist in responding to or preventing the terrorist act. In determining an application, the judge must consider a range of factors and must, if necessary, impose strict terms in the execution of the warrant. For instance, the warrant may include the power of re-entry to the premise in specific circumstances. Built-in safeguards exist to account for the powers being exercised, such as requiring the authorised police officer to provide a written report to the issuing judge regarding the execution of the warrant. In addition, an annual report must be provided to the Police minister for tabling in parliament.
The remainder of the amendments to the act have either arisen from a review of the act or were identified during anti-terrorism exercises held during the past two years. These amendments are intended to provide certainty and clarity as to the authorised use of the special powers. The principal amendments remove the limitation upon the giving of an authorisation by the Commissioner of Police by removing the term ‘terrorist act has occurred or is imminent’ and replacing it with ‘a terrorist act has occurred or is likely to occur in the near future’. The New South Wales model, which is the model adopted by the Northern Territory, made similar changes to its legislation recently.
Another crucial amendment expands the power to enter and search the premises of a target person, even though the target person is not on the premises. As it currently exists, a member may only enter and search a target person’s premises if the target person is in or on the premises.
The final amendment concerns the requirement for a full review of the bill within five years of its commencement. This will ensure that the bill continues to meet the necessary balance between public interest and individual rights and freedoms.
Complacency not only gives terrorists an opportunity to develop and target our national interests, it also provides fertile breeding grounds for home-grown terrorist activity. If this were to occur, our fundamental lifestyle, our core values, and our freedoms would be at risk, as was so graphically demonstrated in the London bombings. We cannot let this happen. The changing focus of terrorism means we need to consider fresh ways to protect Territorians against ideological acts of violence. This may mean that ordinary Territorians will, when extraordinary events occur, temporarily need to sacrifice some fundamental freedoms. Existing police counter-terrorism powers, including those proposed under this bill, will equip police with special preventative and investigative tools for use in extraordinary events. In other words, these tools are unable to be used as part of day-to-day general policing duties. Their use will be strictly controlled and, as already mentioned, are designed to strike the necessary balance between fundamental freedoms and the need for law enforcements to counter terrorism.
Madam Speaker, I commend the bill to honourable members and also table the explanatory statement.
Debate adjourned.
Continued from 23 February 2006.
Ms CARNEY (Opposition Leader): Madam Speaker, the bill is supported.
Ms MARTIN (Chief Minister): Madam Speaker, I thank the opposition for their support. This is a timely bill. It is important that those who serve the community also have superannuation that is in line with community expectations. That is what this particular bill is about; closing the current Administrator’s Pension Scheme and establishing one that is more in kilter with public expectation for future Administrators. This closure of the scheme does not affect our current Administrator or past Administrators. When we look at what we have done in the public sector in 1999, and also with the Legislative Assembly Members’ Superannuation Scheme in 2004, then the closure of this particular scheme is in keeping with our general intentions.
Our community expects us to move in this direction. There is a growing awareness of superannuation schemes, what a superannuation guarantee arrangement is, and the general 9% contribution across the community – of course, people can change that, but employers guarantee a 9%. It is appropriate that the schemes we have carriage of in the parliament reflect that.
I thank the opposition for their support, brief as it was. I thank all our Administrators for their hard work, particularly our current one. In future, Administrators will have a superannuation scheme better in kilter with what our general community has, and with what MLAs have as well.
Motion agreed to; bill read a second time.
Ms MARTIN (Chief Minister)(by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
Madam SPEAKER: Honourable members, I draw your attention to the presence in the Speaker’s gallery of the Right Reverend Philip Freier the Anglican Bishop of the Northern Territory. On behalf of all honourable members, I extend to you a very warm welcome.
Members: Hear, hear!
Madam SPEAKER: Honourable members, I also draw your attention to the presence in the galleries of guests visiting the parliament as part of our parliamentary education program. On behalf of all members, I extend to you a very warm welcome.
Members: Hear, hear!
Ms CARNEY (Opposition Leader): Madam Speaker, I move that this House censure the Chief Minister and her government for failing to deal with the growing health crisis of the Territory after her Health Minister has shown himself to be too tired, apathetic and subordinate to the health bureaucracy in order to be effective.
I have moved the censure of the Chief Minister rather than the Health Minister because, frankly, the case against the Minister for Health needs no other explanation. Yesterday, of course, we saw the Minister for Health who is presiding, whether he likes it or not despite his constant denials, over the worst state of affairs ever in the Northern Territory health system. He responded yesterday with a five-minute address to this parliament. He devoted five minutes to talking in this House about the Territory’s health system! We were astounded. It is clear, after the gallant but reasonably pathetic efforts of the Health Minister, he did not even think last night that maybe he should get a ministerial statement up for us to debate. It then falls to the opposition, who represent so many Territorians who come to us and express constant dissatisfaction with the health system in the Northern Territory under the stewardship of the Minister for Health. However, I will come to that later.
In the course of this censure motion, I ask members, backbenchers of the government side in particular, to listen very carefully to the censure because, even though they are members of the Northern Territory Branch of the Australian Labor Party, they must know because their constituents surely are telling them about the problems in the health system and at Royal Darwin Hospital. They might find the courage to be supportive of the censure or, in the alternative, to at least have a word to the Health Minister or the Chief Minister - because she is the boss, she is the one who can hire and fire. I call on the members, backbenchers in particular, to urge, along with us, that the Chief Minister take some action against this Health Minister.
The problem is that, in spite of the uproar surrounding the Health Minister and his department head, Mr Robert Griew, the Health Minister is still here. This is a minister who has not delivered better outcomes for Territorians. It is, of course, up to the Chief Minister, ultimately, to decide whether or not one of her ministers is competent. If a minister is not competent, then it is up to the Chief Minister to sack that minister. If the Chief Minister fails to see that this minister is in well over his head, then the parliament can correct the Chief Minister’s dilemma by voting in support of a motion such as this one.
It is nothing short of astounding that the Health Minister can be allowed to be so incompetent in the administration of his portfolio as to have senior and respected people from within the medical profession that he has responsibility for, such as the head of the Northern Territory Branch of the Australian Medical Association, saying publicly that the minister is asleep at the wheel. I would have thought if ever there was a damning indictment of a minister, then those comments from the head of the local branch of the Australian Medical Association regarding the Territory’s Health Minister would be damning enough. However, no, with the increasing arrogance we see from members of government - ministers in particular - it is flicked off.
Members of the opposition are encouraged by the Chief Minister and her colleagues to move on to something else. We will not move on to something else. We will respond to the e-mails - some of which are anonymous - that are sent to our offices from staff at the Royal Darwin Hospital and the Alice Springs Hospital. The head of the AMA had the courage to stand up and call a spade a spade a couple of weeks ago. In typical fashion - and typical because we see it of these government ministers - the Health Minister was nowhere to be seen commenting publicly, not unlike the minister for Education and his failure to turn up to the community forums that he is driving in relation to the changes proposed to the Territory’s education system. The minister conceded yesterday that he did not like to go to the forums because he would be a target. Territorians can judge for themselves whether the Minister for Health wheels out his CEO to take the heat. The minister ducks under the desk at all other times. Territorians will decide whether it is a cancer growing on the other side whereby, if things get tricky, if it gets too hot, then ministers hide under their desks, fail to go to places where they clearly should and, in the alternative, wheel out public servants to do their dirty work for them.
Most of us remember - and remember fondly and happily, it is repeated on the ABC every so often - the show Yes, Minister which is a lesson to those in government particularly. You may remember that episode when James Hacker, the minister for Administrative Affairs, went to inspect the best run hospital in Britain. It turned out that the hospital was so efficient because it did not have any patients getting in the way of the smooth operation of the hospital’s administration. Every time I think about this issue, my mind turns to that episode and how absurd the world becomes when a minister fails to take the lead on an issue, but becomes captured by bureaucracy. How is it that a bureaucracy can be allowed to lose sight of its fundamental objective? I will read this. I am happy to table it. It is from the department’s annual report 2004-05 and it says under the heading ‘Our Vision’:
Admirable in its intention, Madam Speaker, however, the state of the system does not reflect that vision, nor is it reflected in the conduct of the Minister for Health, and nor does the Chief Minister show any indication that she is prepared to take any responsibility for it as well. She is very happy to talk on the portfolios of her other ministers when there are happy stories. She should equally jump in and either rescue the Health Minister or get rid of him. We say that there is a stronger case for the latter course of action.
The Territory is a small community and I am sure we all have friends who work in the health system. In fact, the health system is such a big employer you would be a fairly sad and lonely person if you did not have a friend who worked in the health system. They say to us, to me, that the Health Minister has become house trained by the bureaucracy. That is evident in the way the minister continues to handle his portfolios. Why is it that the Minister for Health can walk through a hospital on one of his regular visits and front-line staff can tell him what is going on - that is, we do not have enough staff, enough beds, or enough resources - thereafter he is briefed by the department and - hey presto! - things are fantastic; there is no problem in the health system, people do not know what they are talking about and so on.
There are problems and this government went to Territorians not so long ago and asked for another term of government and Territorians gave it to them. However, there is a contract of trust. They expect some leadership from the Chief Minister. They do not expect much from politicians, generally, and there are lots of reasons for that. However, they do expect to have ministers of the Crown earning their money and not being captured by the bureaucracy. Alas, in the case of the Health Minister and, indeed, I might say other ministers, that is just not the case.
The fact is that things amount in the health system to what can be described as a disgraceful administration of the health portfolio. The fact is that, notwithstanding massive GST windfalls - and for the Treasurer’s benefit I repeat massive GST windfalls - Territorians are not seeing bang for their buck. That is why there is such animosity and anger from those who work within the health system and those who access it. The staff do a magnificent job. However, they come to us and say they are pulling their hair out. When patients do not get the service that they expected under a Labor government election promise, they come to us and complain. It is our job to stand up and criticise this government, to hold it to account, and to propose a course of action for the Chief Minister which, in this case, is to let the Health Minister go off and do something else.
The case of the oncology unit is a very interesting one. There can be no doubt in 2001 the Australian Labor Party Northern Territory Branch offered - in a very cavalier fashion they are probably thinking now - an oncology unit. In 2005 - so they had four years of weasel words - they obviously twigged to the fact that the Treasurer had gone very close to emptying the cupboard of all its money and started to use some pretty interesting weasel words, and tried to rope in the Commonwealth government. The Commonwealth government is now being called upon to deliver the Northern Territory Labor Party’s election promise. What an interesting state of affairs this is.
When I was in Canberra, only a few weeks ago, I did my part and lobbied federal politicians for our oncology unit because it is important that we have one. Again, how ironic it is that the leader of the CLP opposition is assisting to deliver Labor’s election promise because it is so patently clear that Labor has no intention of doing so - so someone had better do it. I am happy to pursue whatever course of action I can.
In the process, I remind Territorians that it was the Labor government’s promise to deliver it and they have not forgotten. Hence, that is why we receive notations on flyers by local members. This is one from the member for Casuarina, where he talks about setting up a radiation oncology unit. I am happy to table this. The person who sent that - I assume it went to the minister’s office - said:
If the Chief Minister thinks that the opposition is getting a bit cranky, she should think again. Although she is captured by her own bureaucracy as well, it should occur to her, and I think she is sensible enough to realise, that Territorians are very angry about the Health Minister’s failure to deliver what he has promised for the last two elections.
When Labor came into government in 2001, there was a different Health Minister in existence, the member for Nightcliff. We saw a repeat performance by the Chief Minister today. She was asked whether she had confidence in the Health Minister. Who can remember when the Chief Minister stood in this Chamber and outside it and said: ‘Oh yes, I have complete confidence in the Health Minister’. Not long after that, the former Health Minister, the member for Nightcliff, was ditched. Therefore, I am reasonably hopeful that the Chief Minister might have the sense to revisit whatever difficulties she had with the former Health Minister and take it upon herself to get rid of the Health Minister who is with us at the moment - not withstanding the ringing endorsement from the Chief Minister, which could be considered the kiss of death. There is no doubt that that is what should be done.
I cannot think of a comment more insulting than ‘a minister who is house trained’. If I was a minister of the Crown and knew that public servants were using that sort of expression about me, I would resign because it would be clear to me that the public servants do not have confidence in me. They are the words that are being used in relation to this Health Minister. I can only assume that the Chief Minister, having lived in Darwin for some years, is getting that sort of feedback as well - notwithstanding that some of it might be filtered by her own bureaucracy.
In any case, I call upon the Minister for Health to be a little reflective and ask himself whether he is happy with public servants; that is, the public servants who are not at the top executive contract level, but those people who work under those senior public servants. I ask him whether he would be happy if he knew that is how he is being described. I should be fair to the Health Minister; notwithstanding his failures and general incompetence, he is described as a man who cares. That is great, as I know that to be true; that, at the end of the day the Minister for Health is a decent chap. However, it is just not good enough to be a decent chap when you are getting paid however much it is to be a minister of the Crown, to administer one of the most significant - some would say the most significant - portfolio in the Northern Territory. I commend him on his ability to care, but Territorians are over it. They are simply over being nice to the Minister for Health, and it is the case that they are becoming increasingly over being nice to the Chief Minister, because they expect the Chief Minister to take some control.
I would have also thought that the regular appearances by the CEO should be a concern. I know it is a concern of public servants; I also understand that it is a concern to other Territorians. I would have thought that would have been a concern to members of this Assembly; perhaps less a concern to the staffers on the fifth floor. However, it should be of great concern to members of the Assembly because we are the elected representatives, the ones who our constituents vote for every four years. They do not vote for a chief executive officer. It is becoming increasingly disturbing that the minister wheels out the CEO when things get tricky. A number of Territorians, and health professionals in particular, were genuinely appalled and disgusted when, after the AMA’s head had something very important to say recently, the minister was nowhere to be seen. This, of course, goes to the very heart of ministerial accountability. Why is it that CEOs are being wheeled out? Why is it that this Health Minister, in particular, does it on a not infrequent basis? These are the issues that the Chief Minister should, in a quiet time - and I assume that she can get some - earnestly consider.
What is also disturbing is the fact that, every time there is spike in the crisis in the health system - whether it is a person who writes to or contacts the paper and describes a particularly horrific story or staff leaking documents or whatever - all the Minister for Health does, sanctioned by the Chief Minister, is say: ‘They have received 43% extra funding’. As I have said before, Territorians want to see some bang for their buck. They do not want to see CEOs being wheeled out left, right and centre. They do not want to see their fellow Territorians telling stories of horror in the newspaper of when they have been at the hospital – horror not brought on in any way, shape or form by the staff, who do a magnificent effort, but by the fact that, notwithstanding the minister’s constant cries of an extra 43%, the staff are just under-resourced and they feel unsupported. They are not supported by their minister. They say he is very nice to them, and I believe they are very nice to him. However, that is not good enough, and that explains why the opposition is receiving an increasing amount of correspondence and numerous phone calls from those who work in the health system.
The Minister for Health, if he is reluctant to go down the path himself and make an assessment as to his own performance - and further to that, his own future - then we urge the Chief Minister to do so. It is appropriate the Chief Minister be sanctioned because, time after time, she has said how wonderful things are in the Northern Territory as a result of the Labor government. She has not even been able to concede any points about the difficulties the health system is experiencing. I would have thought that a Chief Minister should know better and, because she is the boss, she should have a word to the Health Minister. In fact, she should have more than a word, she should sack him.
It is coincidental that yesterday we talked about middle schools; that the Education minister did not go to community forums because he does not want to be a target, and that the word for some time has been - I think there was some media reporting on it before the last election - that the Minister for Health, who is also the Minister for Central Australia, was going to retire. Two senior ministers, neither of them doing a good job, are both saying, despite evidence to the contrary, that things are wonderful and anyone who complains does not know what they are talking about. Well, the AMA knows what it is talking about. The staff at the Royal Darwin Hospital know what they are talking about, as do staff at any other hospital in the Northern Territory.
We are also told that there are 100 extra nurses in the Northern Territory. Every single time the minister gets up and says something like: ‘There are 100 extra nurses’. What he did not tell this House was that, in the period June 2002 to June 2005, there were also 171 new administrative positions created - 20 executive positions and 151 administrative positions - across the Northern Territory. It is supported by the last annual report of the department. The cost of wages went up from $304m to $342m in the last financial year. That is significant. I will say it again: the cost of wages went up from $304m to $342m in the last financial year. If every nurse was paid at the highest level - that is about $95 000 per year - and you allowed for 30% on-costs, the wages bill goes up by about $13m. Let us be generous, let us call it $15m. Therefore, if nurse’s wages went up by $15m last year, you do have to ask, as we did in Question Time, where did the extra $22m go that was paid in wages last year? It was not all spent on doctors. My colleague is a doctor, I suspect he would know the tariff of what doctors get paid. He does not think that this missing chunk of money was paid to doctors. If it was paid to doctors, then the head of the AMA probably would have had nothing to complain about last week, and other doctors and medical staff would not be complaining either.
The fact is that the minister squibs, and I still maintain that he did not give us the document from which he was quoting; there was another document there. I suppose that is part of the ongoing arrogance compounded by secrecy that is becoming the hallmark of this government.
Getting back to doctor shortages though, the doctor shortage has been around for several years, there is no doubt about that. However, in May 2004, the pattern of cancellations for elective surgery was set. The elective surgery waiting list in the Northern Territory has doubled since this minister took over. In 2004, there were up to 15 patients waiting on trolleys in the corridors at RDH. In 2004, the General Manager of the Alice Springs Hospital was replaced, and the promised nurses failed to materialise at the time. This was the same Health Minister who told Territorians that the ICU remained open. Some would say he fibbed about that because he later retracted it. Perhaps the bureaucracy gave him a line that was truer than the line the minister peddled. I do not know. Perhaps the bureaucracy told him that it was open. In any event, the fact that he said his hospital - and I say ‘his’ in the sense that he is a bloke who lives in Alice Springs - was open and then - whoops! - someone told me that it was open. It must have been a public servant, presumably - had to be, if it was anyone else who might have told him, I would be interested. Then he said, ‘Oh no’ and retracted it, the next day after a few public servants on lower levels, not senior public servants, contacted us and the local newspaper and said: ‘We are telling you it is definitely not open’. That is a fundamental error, and typifies the Health Minister’s performance in his role.
In October 2004 as spending went up, 33 beds were closed in Alice Springs Hospital - 164 beds on the books, 131 in use. By January 2005, staff morale had hit new lows and staff in ED were describing what was happening there as ‘bedlam’. Bedlam is a very strong word. Also, under the stewardship of the former Minister for Health the word ‘crisis’ was used a lot. That Health Minister presided over a system that was in crisis and she was sacked. This Health Minister presides over a system that is described by the staff in Alice Springs as bedlam and, yet, the Chief Minister keeps him on. Where is the logic and the consistency?
Of course, in Alice Springs things have been getting worse. We all remember the fact that a couple of respected surgeons were axed from the Alice Springs Hospital. Again, when the impact of that was realised, this minister then authorised one to be rehired on a contract basis. In other words, if people really scream loudly enough the minister thinks maybe he should do something - although he does not act often enough. The Chief Minister should be the one prodding him.
The Chief Minister has rattled on, since I have been interested in politics in the Territory, about ministerial responsibility and accountability. Yet, she has done nothing to live up to the standards she set for herself and her government. That is something for which the Northern Territory Branch of the Australian Labor Party will be forever condemned.
Getting back to the hospital, the list just goes on, and on, and on. Elective surgery at the Alice Springs Hospital has risen under this government to 3000 people or thereabouts. The minister seemed completely unconcerned that the waiting list in Alice Springs was getting up to 1500 or 1600 people. The town only has a population of about 2700. We are talking about people’s hips and knees being replaced, and those people had to travel south. Yet, we have the Chief Minister saying in this Assembly and elsewhere: ‘Isn’t life wonderful under the Labor government in the Northern Territory?’ There are many people who do not think so.
Many people access our health system - that is why it takes up so much of the budget - and they do not expect much. They want to see bang for their buck. They want to see a Health Minister who does a bit more than just care. They want to see him getting results, not just talking gobbledygook. They want to see him turning up to media conferences to face the music. They want to see him responding to the concerns expressed by Territorians. However, there is another step: they want to see the Chief Minister take on some leadership. They want to see the Chief Minister do something, Madam Speaker, because the Minister for Health is tired, apathetic and a captive of the bureaucracy.
Dr TOYNE (Health): Mr Deputy Speaker, I have listened to the last half hour of what I could probably best describe as tripe, looking for some substantive case that I can actually respond to.
What have we done wrong here? We have not gone to enough media conferences. Righto. And there are all these people who are frantically e-mailing the opposition to get rid of the Health Minister because everything is terrible and it is never going to work. Then we had the statistical attack. This is the big attack on all these fat cat administrators we are supposed to have put on in the Health Department - again, on the basis of the flimsiest extrapolation from a single figure out of the annual report. You are not even taking it seriously over there, so why should I?
It is an insane agenda basically saying: ‘Oh, let us try to get rid of the Health Minister. What can we say that would substantiate that?’ That is the level that has hit me. I would have loved to have had a strong debate about what the challenges and the issues are out there in the health system and in the Health Department because, believe me, I get around very regularly, in fact, to places that I have never seen an Opposition Leader visit. Where are you in the remote clinics? Where are you in the community health centres? Where are you in our minor hospitals? Where are you when we are launching the specialised programs that are absolutely vital? You probably do not even know where the Centre for Disease Control is or other key areas of the health system.
I am going to start from scratch as there is not much to work on from what has come across the Chamber. Let us talk about some of the areas of the health system where we need to continue to work to meet the challenges. There is a lot of pressure coming on the health system in the Northern Territory for very good reasons. The level of ill health and social dysfunction in our population has increased as a result of processes that have been going on for two decades. I will table this list of presentations to the Royal Darwin Hospital by triage category. The total for a year of presentations is something like 46 000 presentations up to the end of this series of data that we have.
Dr LIM: A point of order, Madam Speaker! I ask the minister to table that graph.
Dr TOYNE: I said I am tabling it. Just pay attention.
Madam SPEAKER: Order!
Dr TOYNE: During our meeting the other day, Didier Palmer said that it is probably in excess of 50 000 presentations on the current trends. No one is denying there is not pressure coming into our critical care areas of our hospitals. There have been several reasons for that, not the least being that we are harvesting the result of decades of deterioration in adult health, particularly in our indigenous community, and probably increasingly in the general community. That is certainly an extreme situation here in the Northern Territory in the sheer level of ill health and trauma that our population is suffering. However, it is not peculiar to the Northern Territory. Health systems right around this country and elsewhere in the world are experiencing the same growth in demand - not to the extent that we are facing here in the Territory. It is a very confronting trend line to see the number of extra people coming in.
Of course, the other issue is that people are all going to ED increasingly, faced with the almost total absence of bulk billing GPs around Darwin and other urban centres and very few out bush. The ED is the logical place for people to head for because they know there are good doctors, good facilities, good nursing, good equipment and they will get the best of care there. I take the presentations there partly as a vindication of the quality of the service and facilities there and the work of the staff. Those people are voting with their feet; they are going to ED because they think it is their best option for good care.
There is no question that, faced with that increase in demand that we have seen over the last couple of years, there will be days in our Emergency Departments that are very pressured. I know that; I have talked to the critical nurses and to their clinical leaders in both of the two major hospitals. I know what it can be like when you have 120 patients a day coming into Alice Springs ED, or much higher again in Darwin. There is no doubt that there are days when the nurses and the rest of the staff there feel the pinch.
When you look closely, what do you do about that? Do you just simply throw more staff into the ED and think that that is going to spread the workload and take the pressure off? That is not the problem that the professionals have identified for us. The problems they are identifying are the movement of people through the ED and off into other areas of the hospital. It is the problem of bed block that everyone is talking about out there. That is a problem that we have now been working on for some 12 months, as a result of initial meetings with the staff, and the subsequent meetings with hospital management and our executive people in the department.
What have we done about bed block? The first tranche of initiatives that we put into Royal Darwin Hospital was the Hospital in the Home, which is now catering for an average of 17 patients in a day. That is a significant contribution to clearing beds in the hospital, because that is 17 beds extra that you have available to move people out of ED and into the wards. We put a transition lounge in. That initiative initially had an impact; it was then overtaken by improved pharmacy services due to a change in the delivery arrangements for the pharmacy area of the hospital. Therefore, to some extent, the impact of that initiative dissipated. We have certainly acknowledged, through our last election promise of putting additional beds into Darwin and Alice Springs, that we need to actually increase the capacity of the hospital to reduce the bed block problem.
However, there is another really important issue that has emerged out of the recent debates about bed block and other issues at the Royal Darwin Hospital, and that is the Darwin Private Hospital. Right next door to the public hospital, you have a private hospital with up to 100 beds available for compensable patients, particularly the Category 4 level patients under the triage. It is quite clear from the graph that I tabled just now that it is triage Category 4 that is going up very quickly. That is where a lot of the extra demands have come from. Many of those patients - in fact, it is estimated 7000 to 8000 of them a year - would be appropriate to transfer into the private hospital to receive their care and have that care paid for by their private health insurance. That 7000 to 8000 people less into the ED in Darwin would make a huge impact on the pressure that the staff might feel on the busy days in there.
I have certainly facilitated with the AMA; the ANF and Didier Palmer representing the RDH ED; Paul Bauert, not only representing the AMA but also able to talk about some of the other ward areas in the hospital itself; and Robin Michael and Robert Griew, who are responsible for making sure that the resources are around the new arrangements. We will proceed with that. We will expand Hospital in the Home and put extra beds into the Royal Darwin Hospital, and make damn sure that there is full use made of both the private and the public hospital. I do not believe it is an appropriate use of taxpayers’ money if we are funding extra beds in the public hospital at the same time as allowing this under-utilisation of the private hospital capacity. We need to be doing all of those things together.
Beyond those initiatives, we have also had Professor Stokes have a look at the whole patient flow issues in the Royal Darwin Hospital. There needs to be further work done on the operational arrangements within the ED and the rest of the hospital to allow the more effective and efficient movement of patients through their care, and through the different working areas of the hospital. All of that has been done as a result partly of the direct contacts I am having with staff, which is regular. I am at the hospital, on an average, probably once every two weeks for one purpose or another. I visit all of the hospital, not just the ED. I go to paediatrics, disabilities, palliative care, the maternity areas and general wards. I get around and I even go downstairs, which most people do not, and have a look at how Medical Records are going, because they are often the unsung heroes of the services that that hospital provides. Can you imagine if you lost track of the patient records? The whole thing would become incredibly unsafe and inefficient as a site of delivery of health care.
Despite the huffing and puffing over there about ‘minister asleep at the wheel’, we have heard that one. It almost goes back to the pre-Westminster system, that one. I do not know what pre-Westminster people were called, but it is a nice little cheap shot that you get up and say: ‘Oh yes, that is a snappy title’.
Ms Carney: The AMA said that.
Dr TOYNE: Well, I did not appreciate it from them and I do not appreciate it from anyone else, particularly when I am working absolutely at full capacity to deliver for Territorians in the health services that they should be getting from this government.
I have to deal with the radiation oncology issue that seems to be the other capital crime with which I am being accused of. I will quote from our Healthy Hospitals Plan. These are the policies that we put out during the 2001 election. The radiation oncology unit was listed, and the commitment from us was to, and I will quote - I presume this is a direct quote. It certainly is what the words were saying. We were committing ourselves to work with the Commonwealth and private providers to set up a radiation oncology unit in Darwin. That is what we committed to in 2001 and that is exactly what we have pursued ever since to try to get this project delivered for Territorians. In the August mini-budget, we also raised the issue of Commonwealth contribution to the capital costs of a radiation oncology unit. We are on record very clearly saying that we would need to work in a partnership arrangement with the Commonwealth government to bring this about in the Northern Territory. There is no secret about it; we have shared that with Territorians from day 1. I have regularly reported, both to this House and the general community, about the progress we are making towards that aim.
Hopefully, we are close to resolving this issue. We simply need now an indication from the Commonwealth government, under their own programs and their commitments to cancer patients, as to what they might be able to do to help us establish a unit in Darwin. I would be delighted to turn up to the opening of such a unit, and I would even invite the opposition - there you are, that is how magnanimous I would feel on that particular day. What a fine day it will be. However, let us see what the Commonwealth has to say, because we now know exactly what level of support we need from the other partners that we would have to bring in.
We had some wild claims about the elective waiting lists. The Leader of the Opposition said they have doubled since we have come to government. In July 2001, there were 2355 on the waiting lists Territory-wide for elective surgery. In February this year, there were 3214. Yes, they are up, but you need to be very careful with your facts. If you are going to say elective waiting lists have doubled, it is simply not true.
The member for Greatorex is also on record of being wildly off the mark with his 1600 on the waiting list in Alice Springs. The number is nowhere near that. It is something in the region of 1200. If we are going to have a debate on health, let us stick to the facts and do not dishonour the actual situation that is in the community.
I believe this furphy about all this money going into the health system and absolutely nothing to show for it needs to be dealt with in detail. This is the main attack point that they brought forward today. If members will bear with me, I believe it is important to go through where the extra 43% of health expenditure has gone within the expanded services of our hospital and health system. The accreditation process has been a very big issue for us in the hospitals. Members may or may not know that there is a very stringent process involved in getting a hospital accredited. It is not just simply the counting up the number of beds and how many nurses you have. That is part of it, in what the capacity the hospital actually offers its community, but it gets down to the quality and functionality of the facilities. It gets down, even more importantly, to the hospital processes, and to what degree there are protocols in place to ensure that there are safe practices carried out in the hospital and what equipment is around every bed. It is a very stringent process. All five of our hospitals have reached an accredited level, and that is a huge achievement for our health system.
We have certainly promised to put in additional hospital beds as of the last election during this term of government, and we will be pursuing the fulfilment of that promise. In the meantime, in our first term, there are 53 extra beds - it went from 567 to 620. They are not ephemeral matters; these are beds that you put patients in surrounded by nurses and equipment. This is very tangible; you can have a look for yourself. A hospital bed is not just simply something with four legs and a mattress on it. It is a whole arrangement at various levels of care. A bed in the ED or the ICU has a huge amount of complexity around it and huge staffing numbers. Many of those bed increases have come from the establishment of an Intensive Care Unit in Alice Springs, with a High Dependency Unit with eight beds. There is a huge number of staff, right up to very specialised intensivists and anaesthetists, who have been needed to establish those eight beds in that area of Alice Springs Hospital. Similarly, in the expansion of the Royal Darwin and Alice Springs Hospital Emergency Departments - real people, real skills, totally involved in delivering health services to Territorians.
I have the numbers on where those 100 extra nurse positions are: the Royal Darwin, 47 of them; Alice Springs, 29; Katherine, five; Tennant Creek, three, and Gove, two. That is hospital-based nurses. Eight-six of them are actually filled as of 3 June. Beyond that, child health initiative nurses, 6.5 positions; single nurse post duplication, four additional nurses there; single nurse posts additional relief nurses to actually relieve single nurse post occupants; outreach midwives, two of them; PCAP-funded remote nurses, four of those - 20.5 additional nursing positions going into community health service delivery positions. Real nurses doing very real things for Territorians.
The additional hospital staff of 289 are spread right through all sorts of areas of the hospital - disabilities, maternity, the hospice, additional nurses in critical care, and so on. Renal is a big expansion area for both hospitals and community health services. The Emergency Departments I touched on earlier, $6.1m into the new part of the ED in Darwin.
I cannot even imagine what it would have been like to work in those two hospitals under the last few years of the CLP. How did they manage? We had so few resources to do the job that you now think that we do not have enough resources for ...
Dr Lim: We had a lot fewer people waiting for elective surgery.
Dr TOYNE: How did you manage, sport? You were there; you were in Cabinet. Were you happy with the health budgets that came through the CLP in their last years? Were you doing some sort of super management to manage with 43% fewer resources? I do not think so. I can remember many people that I am good friends with out bush who were not getting any care at all, and that is on your lasting legacy to see that happen.
Hospital in the Home is another key area that we want to extend down to Alice Springs, according to our election promise, and expand it further in Darwin. People like that service because they can go home with their family and their familiar surroundings and continue their care there with a good nursing coverage of the delivery of that care, where it is appropriate. There are some patients - many patients in fact - where that would not be appropriate. However, there is certainly a significant group that can be put into that program.
There is base funding for extra nurses, doctors, key positions in anaesthetics, critical care, the further registrars, part-time emergency consultants, nine nursing positions - all into Alice Springs Hospital. We now have a full set of senior clinical leaders in each of the departments in Alice Springs. I can stand here now and say Alice Springs is a safe hospital in the services that it delivers and it is sustainable in the way that they are being delivered.
A 12-bed hospice is now fully functional and fully catering for its clients. The health call centre and all of these things have come out of the additional health funding. On the subject of better pay for our nurses and doctors, the EBA that we negotiated for our nurses still has us in the top echelon of paying conditions around the country. We will, obviously, be going into another EBA negotiation with them in the near future. Unlike some conservative members of the community, we are going to ignore the Commonwealth industrial relations laws. None of our public servants are going to be on AWAs. They will get decent, collective negotiations and get decent paying conditions that are guaranteed by our government. That is going to be helping to bring people here to this government service.
We have been particularly successful in getting more dentists. I think 14 dentists have been recruited into the Territory. Dental waiting times have now gone down dramatically, alongside the revamping of the school dental services. I went to the Palmerston Dental Clinic as well as many of the school dental rooms that are being refurbished. It is a great story. We are going to have one of the best coverage of basic dental care and access to dentists in Australia.
It has been a painful process for us to jump in and actually work with St John and with the work force to get a reformed ambulance service in place. However, from what I have heard today, the EBA negotiations are getting pretty close to finalisation. That is another very important step that we are waiting for to see the final form of a reformed, safe and sustainable ambulance service. We have had to increase the funding into that service significantly. We have had to help the service to revamp its equipment and expand the number of ambulance road time in all three major centres - Katherine, Alice Springs and Darwin.
The maternity service has been one of our most important expansions where we have brought in both homebirth and the community-based midwife-led maternity services. We are currently moving to construct the birthing centre in Royal Darwin Hospital. Along with the high level care in the current maternity wards, that will give women a very strong choice here in Darwin and other centres with the community midwifery and homebirths in Alice Springs.
The immunisation rates of children have gone up with a 7.7% increase of immunisation of kids aged 12 months to 15 months. Children fully immunised in the NT aged 24 to 27 months increased by 10.1%. Every one of those kids has been taken out of early childhood ill health and subsequent impacts on their adult health. We believe that is one of the best outcomes of all of the child maternity work that we are doing.
We have expanded renal services to remote areas. We have put a major renal facility into Tennant Creek. We have training centres now that are equipping renal patients to go out to remote communities. We have supported the Western Desert remote dialysis initiative. The Kintore people were so inspiring in the way they got that through.
I believe we have phased out four single nurse posts to date, and we are still working on a further phasing out of those single nurses. They are burn-out material and we have to phase those out.
We continue to work with non-government services on the Centre for Remote Health. We have very strong close working relationships with the AMSs and the Remote Area Nurses of Australia. I have, at a personal level, strong working relationships with those organisations.
Dengue mosquito eradication – we got rid of them out of Tennant creek. That could have been the start of a major problem for the Northern Territory. We have jumped on it, got rid of those mosquitos; they have not been sighted now for quite some time - it is going on for a year.
We are still working on general practice in Tennant Creek. I know the member for Barkly will never give up on me until that is sorted out. It is not primarily our responsibility; it is a Commonwealth issue. Where we have been able to provide complementary support to the recruitment, we have certainly done it. We have offered surgery facilities and we have worked very closely with the Tennant Creek Council to try to pull off the recruitment. I understand that the Royal Flying Doctor Service is involved now to provide that service.
That might give you some idea of the substance of what we have done with the additional money that we have put into health. I will use my remaining time to just say this: I go around the health system regularly. I have been to probably 80% of our remote delivery sites, all of our community health centres, and all five of our hospitals, and several of those on repeated occasions. Wherever I go I see the fantastic quality of work that is being done around our health system.
It really annoys me to hear the doomsayers talking about crises, with no substantiation of the case, dishonouring the work that is going on in our system which is attracting attention all around the country. Even more importantly - they can talk about all their e-mails and all these people that are roaring up them in the street - I talk to lots of people through the Territory community and I hear far more complimentary remarks about our health system, particularly our hospitals, than I ever hear criticism. Sure, there are people who do have adverse experiences on occasions. When you have 4800 people working on delivery of such a vast array of health services in such a vast array of sites, there are going to be times when people do not get an optimal experience. However, the vast majority of Territorians like the health service, like the health system and believe that it is tracking pretty well. They do not believe it is in crisis or that the government is mismanaging the task of continuing to build it up. I look forward to continuing my responsibilities in health, and I am sure I am going to enjoy a lot of days of celebrating our achievements.
Dr LIM (Greatorex): Madam Speaker, today we wear this orange ribbon to mark Harmony Day. I would like to really be in harmony with the Minister for Health to ensure that health services are delivered well and to the satisfaction of every Territorian.
This censure is a censure of the Chief Minister; about how she has stood by her inept Minister for Health. The Chief Minister is not even here to defend the Minister for Health …
Mr HENDERSON: A point of order, Madam Speaker! The member well knows that he cannot reflect on the presence of any member of this Chamber, and I ask him to withdraw.
Dr LIM: I withdraw that, Madam Speaker. My concentration lapsed, so I withdraw that.
The Chief Minister has failed to defend the Minister for Health. That is ample evidence that the Chief Minister is probably embarrassed about the Health Minister. This censure is of the Chief Minister, yet I do not hear any defence from the Chief Minister. Here we listen instead to the Health Minister trying to justify himself, and I believe that is where it has all gone wrong. Why did the opposition choose to censure the Chief Minister? It is because she stands by what everybody knows is an inept Minister for Health who is disinterested in his portfolio of Health.
That is why the whole thing is in such a crisis - and do not deny that it is not in a crisis. The AMA for the very first time since I have been in the Northern Territory, which is 25 years, has come out, boots and all, saying that this minister has been asleep at the wheel. Doctors - the AMA is a very conservative organisation – would not say such things if they were not so very concerned about the quality of health care that has been provided through this ministry. Patients are in hospital to get the best professional care they can possibly get. I applaud our professionals for delivering such professional care for our patients. Without them, our health system would have fallen apart around our ears, not today, but years ago.
Let me demonstrate why I believe the Chief Minister should be censured; why she has failed Territorians. She has a minister who, I believe, is inept. I have said before that the AMA has criticised this minister with extreme words. Let me read into the record a quote from the AMA in the AMANT News February 2006, President’s Report:
If the minister had not paid attention to this, then it is an indictment on that minister and the Chief Minister for failing to recognise that the industry was saying: ‘Enough is enough, do something about it’. Why is the minister inept or disinterested? The ANF has been complaining for months about conditions, not only in the Royal Darwin Hospital, but also Alice Springs Hospital, Tennant Creek Hospital, Katherine Hospital - you name it. It is no wonder the Leader of the Opposition said that we are receiving decreased services in our regional hospitals. I heard the Chief Minister interject earlier, when that comment was made, as if she was not aware that that was what had happened.
The ANF, in an interview on the ABC on 17 January 2006, highlighted the issue of shortage of nursing staff in Alice Springs, in particular, on that day. The executive officer of the ANF said:
She went on further to say:
She also recognised that, unless something was done urgently, these nurses are continually being put under more stress.
A month later, the same thing occurred and the ANF was again interviewed about the Alice Springs Hospital shortages. She was asked about the Emergency Department at the Alice Springs Hospital and also the hospital in general and she said:
She went on to say:
Further on she said:
It goes to show it is not something that the opposition is making up. This is something of which people in the industry know better and they are saying it publicly. Yet, this minister says everything is hunky-dory. I do not know how he can do that. For the Chief Minister to say: ‘My minister is doing a fantastic job, I stand by him’, yet refuses to defend him, tells me a lot. The Chief Minister is going to Teflon-coat herself so that none of this is going to get stuck on her.
Patients have rung, written, and sent e-mails to me. Remember Mr Mark Slater who had a lump of steak stuck in his throat? He went to the media and told them how badly he was treated because there were not enough beds.
Mr Moody rang me recently and said that he has had varicose veins for almost three years. He has seen doctors and they all tell him he needs treatment. He went to see the surgeon at the Royal Darwin Hospital and they all agreed: ‘Yes, you need to have your varicose veins done otherwise the skin down your ankles will continually break down’. He has suffered ulcers in his ankles and, as soon as he is sewn up, they break down again and surgery is required. Guess what his surgeon told him? ‘Sorry, we cannot put you on an elective list because we do not know when it is going to be. However, if your condition gets worse, we can put you in as an urgent elective case’. It makes no sense because, if you do this surgery early before the patient has a severe condition then the surgery is easier, there is less risk, and it takes less time in hospital. He occupies a hospital bed for fewer days, he is back to work earlier, so everybody benefits. If you wait until he becomes an urgent elective case, when the skin is fragile and breaking down and there is the chance of infection, it means he has a more difficult form of surgery, it takes more time in theatre, and it takes more time for the surgeon. It means he has to spend more time in hospital, takes up the bed for longer. Therefore, the cost is greater, not only for the health system but for the poor man himself, who has to spend more time recovering before he can go back to work. I wonder when the minister is going to give Mr Moody his elective surgery. He would like to know that too.
Another case was a Mr Rouvali, whose son went to hospital with a lump in his abdomen. For some reason, while he was being cared for, he was not given appropriate treatment. It got to the stage where this man had to lance his own boil on his abdomen while he was in hospital to relieve the pressure. Just picture this man lying in his hospital bed, lancing his own boil. He is still in hospital so the minister can check it all out and find out what the heck happened.
The Chief Minister said: ‘Hey I support my minister, he is doing a great job’. Definitely not for Mr Rouvali and Mr Ken Moody. The minister said: ‘Oh, we treat thousands upon thousands of patients and we can have some people fall over’. I ask the minister and the Chief Minister: would they like to be those patients who fall through the cracks? Nobody in the Territory should be put through that situation where they fall through the cracks. Every patient deserves the best care they possibly can get.
The minister, obviously, also gets letters from patients, but he does not seem to want to reply. Why? Because he is in hiding. He has to be. Mr Alex Kraus wrote to the minister twice and sent me the e-mail. I responded. He is still waiting for Dr Toyne to respond. ‘Hello again Mr Toyne’, he writes today. I did not solicit this e-mail, it came from out of the blue to me:
It goes on. Minister, this man deserves a response.
Mr KIELY: A point of order, Madam Speaker! Just for the record, it is Ms Kraus.
Dr LIM: Then you know who the person is ...
Mr KIELY: I used to work with her.
Dr LIM: I apologise to Ms Kraus.
Members interjecting.
Madam SPEAKER: There is no point of order. Please continue.
Dr LIM: I apologise to Ms Kraus. It is signed Alex Krause – it could be a male or female. I apologise. I thank the member for Sanderson for advising me it is a female. Thank you.
The list goes on. There are people who are complaining, falling through the cracks and the minister says: ‘It does not matter, they can fall through the cracks. Why worry about it?’ These people deserve to have the same level of treatment as every other Territorian, including you. You would not like to fall through the cracks, well neither do they.
The minister, in his own defence - not the Chief Minister; the Chief Minister is not prepared to do that - tells us how all this is being done. I know the people from the Barkly Homestead and other parts of the Territory are ringing me and saying: ‘Our bush nurse is not visiting as regularly any more. We used to get the bush nurse coming at least once a month’. Now it is not happening and they have been told that the bush clinics are now being forced to run between 8 am and 5 pm - that is it. Many times, a bush nurse would have to travel hours to get to a homestead, and then have to get back to the base by 5 pm. How much time are they going to spend with their patients out there in the bush? That is because of departmental cutbacks - no other reason than that. The minister said there is 43% more money in the Health budget. Yes there is, yet people are getting less service. You think the bush people do not deserve to get service? I am sure they do.
The Chief Minister supports the minister. When we say the minister has been hiding behind his bureaucracy, the Chief Minister does not see it. However, everybody else does. If the minister had any conviction in his job, he would be there fighting for himself and not putting somebody up-front to fight for him.
This litany of failures is just unforgivable. Remember, in 2001, the major plank of the Martin Labor government election promise was to reduce waiting lists. Waiting lists have doubled or trebled. In Alice Springs, when the Martin Labor government took over, there were 450 people waiting for elective surgery. The minister said it is not 1600, it is 1200. What is the difference? It is three or four times what it was. In five years, it has grown. You cannot tell me that when you put more money into services, that the elective surgery numbers go up. It does not add up.
When the minister received the portfolio in December 2003, he declared he was going to bring the hospitals ‘into an orderly state’. However, within weeks, he said: ‘Oh no, I think it is time I went’. He was giving serious thought to retiring, only to be dragged back kicking and screaming by the Chief Minister to remain in politics until after the last election. Maybe it is time he went now. He can go now; he has won his election. Let a by-election take place and, maybe, we will find somebody more capable and willing to take on the Heath Department.
In December 2003, he was given the portfolio. Before Christmas 2003, he was going to retire. In May 2004, elective surgery was cancelled in Alice Springs Hospital. Remember that? Then there were patients lying in queues in the Emergency Department. At that stage in May 2004, 15 patients were waiting for admissions at the Emergency Department lying in corridors. This has continued since then. I was in the Emergency Department at the Alice Springs Hospital recently when I was visiting the member for Katherine after her injury. It was chock-a-block. The member for Macdonnell was also there; she knows. The following Monday morning, it was so full you could not walk through the Emergency Department.
In June 2004, this same minister presided over the sudden departure of the General Manager of the Alice Springs Hospital. You have to ask why, what happened there? It was that month that he said: ‘ICU remains open’. He said that in spite of intense questions by the media. Guess what? He stirred up such ire among the staff that they decided to go public. It was then that this minister was forced to retract. Can you understand why the opposition is so angry with the situation? We have been saying to the Chief Minister that you have a minister who has failed to perform; you have to do something about it. The Chief Minister should defend this minister and, if she does not, she is sending me a very clear message: ‘I do not trust this minister but I am not going to be here to be tarnished with him, and I am not going to defend him’. That is what it is.
Mr HENDERSON (Leader of Government Business): Madam Speaker, I speak to this censure motion to refute it and to state that, obviously, the government will not be supporting this motion. This is the most pathetic censure motion that I have seen since I have been in this House. If anybody wants to talk about a tired and apathetic minister, I certainly say we have a tired and apathetic opposition …
Members interjecting.
Mr HENDERSON: They are a tired and apathetic opposition because this is the most pathetic piece of drivel that I have heard. I learnt a lesson today. I wanted to listen to the entire content of this censure motion before government accepts it, because there is no substance to it. There is no substance to this motion whatsoever! No substance whatsoever has been prosecuted in the debate here this afternoon. The motion says that we are going to suspend so much of standing orders that will prevent this House from ‘censuring the Chief Minister and her government for failing to deal with the growing health crisis in the Territory’. There has been no substantiation that there is a growing health crisis in the Northern Territory. Of course, there are issues that need to be dealt with. There are always issues in the Health portfolio. In every jurisdiction in every western country in the world, there are issues in the health portfolio. However, to call this a growing health crisis, there has been no substantiation. With all due respect, I know one of those people that the member for Greatorex was talking about. He produced four or five examples of issues that have gone wrong. Out of a presentation …
Dr Lim: Will you give me another hour?
Mr HENDERSON: I am not the minister, I do not carry these numbers around in my head but, at RDH, there were 46 000 presentations at the Emergency Department last year. I defy any system to run like clockwork and be perfect and not have issues. With all due respect - and I will be contacting one of the people that the member for Greatorex mentioned tomorrow – I take those issues very seriously. People should not have to fall through the cracks but, unfortunately, they do. To try to weave four or five examples of people who have had issues with the system into a growing health crisis in the Territory is not substantiated.
We can see why the CLP opposition and the CLP members – well, he is not a CLP member anymore, he is a National Party member in the Senate - is so strongly supportive of the Howard government’s Work Choices Bill. Kevin Andrews yesterday said …
Dr LIM: A point of order, Madam Speaker! The work choices legislation has nothing to do with the censure on the Chief Minister about health.
Mr Henderson: It does.
Madam SPEAKER: There is no point of order. However, Leader of Government Business, could you come to the point?
Mr HENDERSON: I will get to the point. Essentially, the motion - and in Question Time today - calling on the Chief Minister to get rid of the Health Minister, is because the opposition do not like him. Because the opposition does not like him, therefore, the Chief Minister should dismiss him from the portfolio. We can see why they are such strong proponents of Howard’s work choices legislation.
I have been working in Caucus and Cabinet with my colleague, the Health Minister, since 1999. He is not tired; he is certainly not apathetic - this is one of the most hardworking ministers that we have. The other part of this motion talks about the Health Minister being subordinate to the health bureaucracy. The Leader of the Opposition talked - and I made some notes as members were talking - about being captured by bureaucracy. The thing that strikes me quite consistently, sitting on this side of the House, is how disparaging the opposition is of large numbers of our public servants - over and over again …
Ms CARNEY: A point of order, Madam Speaker! The minister is making an allegation and he can make it by way of substantive motion. I defy him to do so or …
Mr Henderson: This is a censure motion. I can say what I like.
Ms CARNEY: If you make allegations like that, sport, you can come back to the Chamber and do it in the proper way, otherwise do not tell lies.
Mr HENDERSON: A point of order, Madam Speaker!
Madam SPEAKER: Leader of the Opposition, I ask you to withdraw. You made a reference.
Ms CARNEY: I withdraw the word lies, Madam Speaker, and say untruths.
Madam SPEAKER: Leader of the Opposition, if you feel that you have been misrepresented in this parliament, you have the opportunity to speak to me about making a personal explanation.
Ms CARNEY: Yes, that is certainly the case, Madam Speaker, but I do ask that you rein in the minister when he is clearly telling whoppers.
Madam SPEAKER: Leader of the Opposition, resume your seat. Minister, continue.
Mr HENDERSON: Madam Speaker, we are sensitive, are we not? There have been constant attacks by the members opposite and, in the first term …
Ms Carney: Name one!
Mr Mills interjecting.
Madam SPEAKER: Order!
Mr HENDERSON: Madam Speaker, I will name one: the constant attacks on the CEO of the Health Department. They are on the record all over the place attacking the CEO of the Health Department. There have been attacks - not in this term of government, but certainly the last term - on the Police Commissioner, the CEO of the Chief Minister’s Department has been hauled into the political debate, and the opposition continually refers to senior public servants in disparaging ways ...
Ms Carney interjecting.
Madam SPEAKER: Order!
Mr HENDERSON: We sat over there for 27 years …
Mr Mills: Check your own record; your own history.
Mr Stirling: No, never bagged a public servant.
Madam SPEAKER: Order!
Mr HENDERSON: We sat over there for 27 years, and myself for two. However, I will defer to the father of the House, the member for Nhulunbuy. We were very careful about ever attacking the public servants. Those 4800 staff who work for the Health Department across this great Northern Territory of ours do an absolutely magnificent job. Whether they are clinicians, in the administrative arm of the Health Department, or senior executives on contracts, each and every one of them are busting their gut for that department, trying to get good health outcomes for Territorians.
Therefore, to bring a motion in here saying that the Health Minister is subordinate to the health bureaucracy is offensive to very many hardworking public servants who are doing the best they can to provide the best possible care to Territorians. I would caution the opposition: bag the ministers if you like, that is what this Chamber is about. Have a go at us, but do not attack bureaucrats and public servants either individually or collectively, because they do a fantastic job.
There are only two parts of this motion. There is an oblique reference to a growing health crisis that has failed to be prosecuted and an allegation that, somehow, the minister for the department is subordinate to the bureaucracy and that is a terrible thing.
I have spent many hours with my colleague, the Health Minister, allocating the additional 43% that has gone to the Health Department - an extra $207m - to improve health services across the Northern Territory. He has been a very passionate advocate for improving those services. I am not going to go through the key achievements here again. The minister detailed those very well.
The opposition again tried to disparage, saying that the money that we are putting in is, somehow, paying fat cat public servants to do goodness knows what they think those public servants are doing, as opposed to going into the front-line service delivery areas of government. We had two or three questions on that in Question Time today from the member for Greatorex. In the first question, he stated that somehow there were 151, I think it was, extra administrative staff employed, and it was like James Hacker and an efficient hospital with no patients. The minister very quickly said, actually we have only put on an extra 26. Yet, they keep repeating their own assertions that are not backed up in fact, and are trying to convince Territorians we have empty hospitals and armies of bureaucrats. It is just not the case. There are certainly significant extra front-line staff in every hospital and most of the clinics of the Northern Territory.
The Leader of the Opposition complained that we had increased the wages bill of the department. She complained that we had the temerity to increase the wages bill from $304m to $342m. That is to deny all of those hardworking front-line staff that the Opposition Leader purported to support in her contribution today. That is to deny those front-line staff their EBA increase. Over that period there was an EBA increase to doctors, dentists and nurses. Okay, we could have saved that $38m; that is fine. Where do you think those nurses and doctors would have gone? They would have been off to other better remunerated health services across the Territory. If you want that message to go out there, that as an opposition …
Ms Carney: I am sure that is how you will spin it; you know it is nonsense.
Mr HENDERSON: … you would deny our clinicians a pay rise, we will help you spread it. I will certainly tell some of the nurses in my electorate that the opposition would deny them a pay rise …
Ms Carney: You do that and you will be sued! You do that and I will sue you!
Madam SPEAKER: Order!
Mr HENDERSON: No, the opposition complained, Madam Speaker, and drew to the attention of Territorians that, somehow, we should not have increased the wages bill from $304m to $342m. There is a lot of front-line staff who would not have received a pay rise as a result.
The member for Greatorex said Paul Bauert made some comments as he will do. He heads up a professional association, a union body. I have a lot of respect for Paul Bauert; I know him personally. However, to imply that this was the first time the President of the AMA had ever had anything negative to say about either a minister or the state of the health system in the Northern Territory is completely wrong. I can remember many occasions when the CLP were in office when the presidents of the AMA were challenging the government of the day on the adequacy of the health system. It happens all the time, in every jurisdiction. That is what the AMA does. That is not to say that a minister or the government would take that criticism lightly. The AMA is a very respected organisation, doing the job on behalf of their members.
For the member for Greatorex to say it is unprecedented; that the president of the AMA has never made criticism of the Territory health system or government before, is just patently wrong. I can remember a couple of explicit examples when the former member for Drysdale was Health Minister. One was in regards to the failure in the last years of the CLP administrations to introduce any anti-smoking legislation in to the Northern Territory …
Mr Stirling: Accreditation, another one.
Mr HENDERSON: Accreditation at RDH was another one. Another one was the failure of previous governments to expand renal services into regional centres. Those are just three off the top of my head, but I am sure if we go back through the media archives we can find many more.
We cop the criticism on the chin. My colleague, the Health Minister, has met with Dr Bauert a couple of times and we will move forward.
It was the same with the ANF. I remember when the former member for Drysdale was the Health Minister, he would not meet with the ANF. He would not pick up the phone and talk to them, they were not allowed through his door - he would not meet with the ANF.
It is great that you have found the union movement now you have been on the opposition benches. I encourage you to do that and to talk to the collective organisations representing those memberships. However, to now be the champions of the ANF - and this is not decrying their message; we listen and will work with professional organisations such as union bodies across the Northern Territory – and to say that it is unprecedented that the ANF is criticising the lack of nurses throughout the Northern Territory, you are trying to rewrite history. However, history will not support you. I know that the Health Minister’s door is open to the ANF, the AMA and any other industrial or professional organisation involved with health services which want to meet with him.
The big challenge - I will wrap up in a moment - if we are going to have a debate on Health, is one that is preoccupying my mind as Police minister at the moment. I had a meeting with my colleague, the licensing minister just the other day on this issue. If we, as a parliament, want to be serious about reducing the ever-escalating costs and complexity of presentations that are walking through the front door of our hospitals across the Northern Territory, we have to look at the issue of grog. So much of that trauma that is presented to our hospitals is unacceptable. It is driven by excessive consumption of alcohol. There are huge costs, not only on the human face of the tragedy that surrounds the grog issue in the Northern Territory, but those associated with providing government services to clean up the mess afterwards.
I look forward to a debate in this House in the future if we really are going to be serious about addressing some of the health issues in the Northern Territory, let alone the policing, Corrections and all other issues that surround this. Grog is probably fundamentally one of the main issues that this parliament needs to get a grip on because so much of this trauma and cost is driven by the alcohol issue. That has not been touched on; that is a debate for another day.
Madam Speaker, the government is certainly not supporting this motion. I move that the motion be put.
Motion agreed to.
Madam SPEAKER: The question now is that the motion be agreed to.
Motion negatived.
Continued from 21 February 2006.
Mr MILLS (Blain): Madam Speaker, the opposition supports the bill. We have had extensive briefings over a period of time. It has been a long time coming. I appreciate the updates the minister has provided. I make mention of a previous member, Mr Baldwin, who is also aware of the history of this bill. We have no problem whatsoever in supporting the bill.
Mr STIRLING (Racing, Gaming and Licensing): Madam Speaker, I thank the opposition for their support. I have kept the opposition apprised of progress of this bill. It does go back quite some time. It was deferred, delayed and held off in view of a number of other movements at different times. I have kept the opposition up-to-date with those moves. We think there is clear air around this issue, such that we ought to regularise the activities of the corporate bookmakers in the Northern Territory in relation to Tote odds betting. We appreciate their support.
Motion agreed to; bill read a second time.
Mr STIRLING (Racing, Gaming and Licensing)(by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
Continued from 22 February 2006.
Ms CARNEY (Opposition Leader): Madam Speaker, I note I am unable to reflect on the presence or otherwise of the Attorney-General, so I will not. In any case, I will be brief. The Defamation Bill was a very interesting one. The area of defamation is a fascinating one and is not, despite what so many people in the community think, used by lawyers in small jurisdictions like the Territory as often as it is elsewhere in this country. As a lawyer, I had many people come in and say: ‘So and so said something about me and I want to sue them’. You would calm them down, and suggest to them …
Mr Henderson: Threatening to sue me a minute ago!
Ms CARNEY: I will pick up that interjection.
Mr Henderson: Does this legislation help you do that?
Madam SPEAKER: Order!
Ms CARNEY: Since you are such a smart alec, member for Wanguri, I am very happy to come to it. I would have people coming into my office saying absurd things about what people had said. You would have to calm them down and say there is no course of action. On the other hand, when you have really profoundly stupid people saying really profoundly stupid things - and defamatory things - then you know that you have a course of action and you would advise your client accordingly. Didn’t you have that one coming?
In any case, the law of defamation has seen a bit of work in recent times under the Labor government. How many have we had? We have a couple of them now involving the member for Greatorex. We have the great disaster involving former minister, Jack Ah Kit. I believe the current tariff is about $464 000 in money expended in such a cavalier fashion by this government in order to pursue their persecution of Warren Anderson. That is only, of course, the figures up until October 2005. We look forward to looking at more details of how much this episode has cost.
I guess it is fair to say that some people are really good at defamation, and some people are really bad at defamation. Members on the other side, it could be said based on relatively recent history, do not know much about defamation and they should watch their comments.
Despite lots of people thinking, on a fairly regular basis, that they have a cause of action for defamation, it is not an area that is used with great frequency or, I should say, not an area in which it is practiced by practitioners around the Territory on a particularly frequent basis. It is, therefore, a specialist area. There are some practitioners who specialise in it, but they are relatively few.
As I do in the normal course of events in relation to so much legislation, I have contacted the Law Society. In essence, they advise that they have no major difficulties with the bill. I have spoken to a few lawyers in Darwin about it, none of whom seem terribly interested in it. I suspect it is because so few specialise in the area. It is not a common area of practice, especially in pursuing the matter up to and including the issuing of proceedings. In any event, it is fair to say that the legal profession is reasonably unmoved by this bill.
It is the case with other important areas of reform that a number of legal practitioners contact me - and I am glad that they do - either to offer their assistance or to provide general comments. That cannot be said in relation to this bill, which I was a little surprised about, because I regard it as a very significant piece of legislation. However, we all know that practitioners, like everyone else in business, are working pretty hard to make a living, so I suppose many of them just do not have the vast amount of time that is required to carefully go through a bill of this nature.
For my own part, I have no major difficulties with the bill. I do not profess to have ever specialised in the area of defamation. I only ever ran, as a lawyer, two cases up to court. I certainly write lots of letters on behalf of clients suggesting to others that they might like to withdraw potentially defamatory comments, but I do not profess to be an expert in the area.
I did look at the bill and the second reading speech and regard it as significant. However, while I and the opposition are supportive of the bill, I do not support the creation of a statutory cap of the amount of damages for non-economic loss. As members and the Attorney-General in particular knows, tort law reform has undergone a lot of change in recent years, and damages for a host of injuries, or causes of actions have been limited. It is fair to say that the Attorney-General knows my views in relation to that. Put simply, I still do not see any benefit to anyone in the capping of damages. I believe it is too easy for politicians to dismiss objections to the capping of damages by saying, as I have seen politicians here as well as in other jurisdictions, the effect of: ‘Well, it was all because of 11 September that we had to cap damages’ or ‘It was all because of HIH that we had to cap damages’. The fact is that no one, in my view, is seeing the benefit of the capping of damages, and potential claimants are being disadvantaged - there is no doubt about that. With the reforms to tort law reform in recent years, I genuinely and sincerely feel for potential claimants who are not going to receive the full amount of compensation that they might otherwise have received.
I say in passing that I have a similar basis for my objection in relation to minimum thresholds. Again, that has come into play in some tort law reform. I note that it is a component of the new Victims of Crime scheme. I will maintain an objection to that because, at either end of the scale, I do not think that legislators should dictate what the minimum or the maximum is. Politicians and Attorneys-General around the country, with the greatest of respect, are very good at saying, when it suits them, that they have the utmost confidence in the judiciary. Yet, if they have the utmost confidence in the independence of the judiciary, at the same time they are very given to limiting the amount of damages our courts and judges can award. I see that as an inherent inconsistency.
Madam Speaker, because I have long felt so strongly about this issue, I thought it appropriate to put it on the record for the Attorney-General. In a nutshell, we are supportive of the bill but we do not support the capping of damages - not in the past, not now, and not ever. I am sure you will take my comments in the spirit in which they are intended.
Mr BURKE (Brennan): Madam Speaker, I support the Attorney-General and the introduction of the Defamation Bill 2006. The Territory is known, and has been for sometime, for its free-speaking and free-thinking individuals. It is part of the Territory’s colour.
There exists in our legal system a tension caused by balancing two important but, at times, conflicting rights: the right to freedom of expression versus the right to maintain ones personal reputation and good standing in the community.
For me, one of the most important aspects of the Defamation Bill 2006 is that it brings the Territory in line with the rest of the country. I am a great believer in national uniform schemes. It makes a great deal of sense to me that there be one set of rules instead of eight; it makes life easier for everyone.
There is a great industry involved with information, particularly information dissemination. It is not just hard copy newspapers and magazines. There are a variety of electronic media that disseminate information. Everyone knows that newspapers and televisions stopped being limited to Australia’s state and territory boundaries long ago if, in fact, they ever were. Certainly, the Internet creates all sorts of legal complications, no more so than in the area of defamation.
Mr Gutnick’s case is an excellent example of what the Internet can do to defamation laws. The High Court had to rule on which was the appropriate forum for hearing the case - Victoria or the state of Delaware in the United States. Examples such as this make clear the ridiculousness of eight different defamation regimes across the one country. It is going to be difficult enough with just one.
There has been mention of forum shopping. Honourable members are aware that this is the practice of commencing your proceedings in the most favourable forum available to you. There is nothing wrong with doing this, in my opinion. A lawyer is ethically bound to mount the best case he or she can for their client, and litigation lawyers forever forum shop without leaving the state or territory they may be in. They ask questions such as: ‘Do we run the case in the Magistrates Court, Federal Court, Federal Magistrates Court or Supreme Court? Or: ‘We are in the Supreme Court, we want to try to avoid that judge if possible because he or she historically gives decisions contrary to our client’s interest’. These are legitimate considerations of the litigation lawyer. Any litigation lawyer who is not trying everything they legally can to use every available tactic to get the most favourable outcome for their client is not doing their job properly. The removal of differences between defamation systems reduces the tactics available to people engaged in defamation suits. Forum shopping can accentuate the imbalance created by a difference in financial resources. If one party, usually well resourced, can successfully launch proceedings in a distant jurisdiction, it brings additional pressure to a not-so-well resourced party. This may cause the other party to accept a settlement they might not otherwise have, or have them discontinue their action where they are the plaintiff.
Over the past few years, we have seen several high profile cases fought in the courts of the Australian Capital Territory. The basis for this was, in part at least, because the Australian Capital Territory historically made larger awards where cases were proven. It may have also been seen as a jurisdiction where it was easier to prove the case. A uniform national scheme not only removes many of the perceived advantages of forum shopping, but it also makes it easier for those deciding the cases or deciding the appeals on the decisions.
Law is a pedantic practice. The principle of deciding on the basis of, or with reference to, precedent has been part of our legal tradition since before Magna Carta. A singular difference in a jurisdiction can mean that its body of case law is of limited or no benefit on a particular point. A uniform national legislative framework removes this difficulty.
The bill clarifies the defence of innocent dissemination. This defence already exists under Territory law, but the bill clarifies the operation and extent of the defence. I can safely say that at least every law student in the Territory will be happy about this change. The provision will protect Northern Territory businesses from legal action when they did not know, and could not reasonably be expected to know, what was contained in the publications or material they were distributing. It will go some way toward bringing peace of mind to Northern Territory newsagents, librarians, book store owners, commercial printers and Internet service providers.
Defamation was brought into being to protect personal reputation. The exclusion of large corporations from the ability to sue is in line with this idea of protecting personal reputations. Businesses with 10 employees or less are exempted from the ban on a corporation taking action in defamation. This provides small Northern Territory businesses, many of which are inexplicably linked with the family names and reputations of those who run the business. The exclusion of large corporations from the redress available through defamation laws will, hopefully, prevent them from using it to stifle debate and criticism of company operations. I say ‘hopefully’ because some companies will, no doubt, engage teams of lawyers to analyse the legislation for weaknesses that they can exploit. It is part of the battle that goes on between Parliamentary Counsel and the rest of the legal profession that most of us never see.
The last 50 years has seen a marked increase in the number of multinational corporations, as well as the power and influence that they can bring to bear. If you want examples of pressure that large companies, and even industries, can bring to bear on a lone person or several individuals, just look to the asbestos claims for compensation and the behaviour of James Hardie Corporation. A corporation need never actually initiate action in defamation. The fact that the avenue would be available would be enough of a threat in many instances to stop people exercising the right to speak out.
A further consideration is the wealth of avenues for self-defence that large corporations already have. They can act through advertising, and many employ people to engage in political lobbying. I do not suggest for a moment that anything is illegitimate in these actions per se. My point is that corporations do not need the protection of defamation laws. A conscious decision has been made to prefer the competing interests of freedom of speech.
The provisions of this bill have been analysed and comprehensively considered in the Territory and throughout the rest of the country. This bill is an important reform; its subject matter is important. The right to freedom of speech is considered by many to be one of our fundamental rights. The bill may not have all the answers, and there may even be problems that become apparent through its operation. However, I believe it is a step forward nonetheless. If there are pitfalls, they are ones that those in all jurisdictions will be facing and solving. We, as a country, will have defamation provisions that are consistent.
Madam Speaker, I commend the bill to the Assembly.
Mr WOOD (Nelson): Madam Speaker, I will be brief. I thank the minister’s office for the briefing he enabled us to have the other day. The other person who attended was the member for Braitling. I would like to say a couple of things. In the explanatory statement, it refers to the abolition of the role of juries in defamation proceedings. I said at the briefing that I understand why the government intends to remove that role and that, basically, it has only been used about once in the last 30 years in the Northern Territory. I suppose I could argue the other way that that is a very good reason for leaving it there because it is not doing any harm. However, I argue that if it is not doing any harm, then leave it there and, if there is a need to use it or if a judge believes that it should be used, then it is there if needed. However, to take it out unless it is causing a problem is not the right way to go.
The other area which I would like to touch on relates to an area I raised at the briefing. Clause 24 is the defence of absolute privilege and talks about how, for instance, if something is said in this House that is defamatory, Hansard cannot be charged for printing that particular statement because it comes under this section of the act.
Then you have clause 25 which allows someone else to print matter that was contained in a public document such as the Parliamentary Record. If they were using that for the information of the public or the advancement of education, they could use that as a defence under clause 25 which is ‘Defence for publication of public documents’. However if I, as a politician, said something in here and it is recorded in Hansard, according to the letter the Speaker sent us some time ago regarding the case that was put forward in New Zealand, if I was to walk outside this building and even just affirm to a reporter that I had said it in parliament, then I could be charged, possibly, with defamation. The Speaker’s letter said we should err on the side of caution before we say anything outside this House. I know, of course, that when we say something in this House, it would be good to know that what we said was correct and we were not telling fibs or defaming somebody.
The argument is, of course, that if you said the truth in parliament, then you should not have any problems going outside and saying exactly the same thing if that is what you believe. However, sometimes parliament is used in a manner to say things which are not correct. It may be used as a political tactic to try to drag out some other information that people might be going to get, or used as a brutal hammer to try to destroy someone’s argument. That can be reported by the press because they would just report what is in Hansard. However, for a politician to go outside and say exactly the same thing, then they would be subject to defamation proceedings. Even though I understand there is the defence of truth, as explained to us in the briefing, it seems there is an anomaly, to some extent, that the press can write it and put it in the paper, but the person can say the same thing and can get done for defamation. I raise that as an issue worth bringing to the fore. I am sure the minister can answer that. It may be an area that we have to look at, such as the case in New Zealand, to get some more clarification as to whether the conclusions of that case apply in Australia, knowing that both our forms of legislature are similar. One would then presume that the ruling made in New Zealand is a ruling that would apply to Australia. That certainly is a case that needs to be clarified for our own Legislative Assembly.
In saying all that, I support the bill. I am certainly not a lawyer. I am grateful for things like the explanatory statement. It makes it a lot easier for people like me to have an understanding of what the bill is about. In areas like tort and defamation law, I will leave that up to the lawyers to delve into those strange bits of terminology.
I was pleased to see that there was a section, Part 3, Division 2, called ‘Apologies’. Clause 19 is headed, ‘Effect of apology on liability for defamation’, which provides that an apology made by or on behalf of a person will not constitute an admission of liability and will not be relevant to the defamation of fault or liability in connection with any defamatory matter published by the person. A number of other jurisdictions make provision along these lines under their existing law. However, there is no such provision in the Northern Territory act.
I welcome that inclusion in the act. It is a funny thing, when you put in that little clause, it reminds me, if you have a car accident, the best thing is to say nothing. Even to say you are sorry can sometimes be a problem. Here, obviously, we are allowing people to say they were sorry without that being an admission of liability. That is good. Just from a human point of view, this gives an opportunity to say sorry even though you may have been part of the cause, or said something that you know you should not have said. You are able to say: ‘I did not really mean to say it in that way, and I apologise for it’. Having this in the bill helps that section of the act which is about resolution of civil disputes without litigation, and that is important.
Madam Speaker, I welcome the bill and I am interested to hear what the minister has to say in reply.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I thank members, both for the support they have expressed for this reform and for the quality of their contributions. I believe every one of their comments were very valid, right around the Chamber. The key thing about this is that it is part of a national process. What we are trying to do is to get both uniformity and clarity into defamation law, which is notorious around the country for being, in the past, very opaque, I suppose, and very inconsistent from one jurisdiction to another.
While there will still be different nuances from one jurisdiction to another around the country, the Attorneys-General have determined that we had to have the key elements consistent through Australia, so that there was not a jurisdiction that was sufficiently different to attract forum shopping or create inequities between the way people were treated under the law around Australia, given that we are all one nation. That was a poor choice of words - one country, I should say.
I will deal with some of the points that were raised. I accept what the member for Araluen was saying about caps. There is always going to be a judgment about whether court discretion should prevail in this. However, it really amounted to ‘one in all in’. Some jurisdictions were going to go to a cap and a majority of jurisdictions in our national forum indicated that is where they were going.
I share your misgivings about tort law reform and its outcomes. I am still yet to see the benefits flow through to the consumers of insurance for the reforms that we all initiated nationally. We are still watching closely to see what is happening - not only to the insurance coverage and the cost of insurance, but also the impact on actual numbers of people who have tried to make claims against their insurance cover. We still have to be aware that there needs to be a balance between the individual interests and rights of our citizens and the need to maintain the viability of insurance cover. At the moment, as far as I am concerned, the picture is not overwhelming or, let me put it this way: that there have been beneficial improvements in the insurance cover. Whether that is because of the international cycle of the financial markets or because of the reforms, is yet to be really proven. We are going with the national cap because it simply means that we are not going to attract any untoward attention because we do not have a cap, whereas everyone else does.
The member for Nelson referred to the abolition of juries. The key characteristic of this bill is that we are trying to, wherever possible, make the process simpler and clearer, and with as little cost as possible. Keeping juries is really going against that overall trend of the legislation. It brings complexity in hearing a case that we felt had not been used, except for that one occasion in the history of the Territory. I agree with the logic of what you are saying but, in the overall context of what the bill is trying to do, we felt that if you could simplify anything you should. Having a judge alone make the final determination seemed to us to be a more straightforward process. That is why we decided to have the non-jury alternative. If you looked at the other jurisdictions, some are doing it and some are not. We felt that is a simpler process with the judge overseeing the case and making the determination.
Absolute privilege is absolutely the same as we have had for years, in fact, since the Legislative Assembly started. You say what you want in here on controversial issues and, if the journalists or any of our citizens want to do something with it, they grab the Hansard and use it as they will. Right from the moment I entered parliament, it was drummed into me that you do not go out and repeat stuff that you have said under absolute privilege unless you are absolutely certain that it is not going to attract some litigation. If one of us, in a rush of blood to the brain or error of judgment, comes right out with it on the steps of parliament, then you are into this framework. Basically, if what you are saying is the truth, then you have the defence of proof and the other defences and criteria that are set out in this legislation.
You could say for us nothing has changed; that we know where absolute privilege applies and where it does not apply. Members have to use their judgment on that. This legislation does not impact on that one way or the other, only to the extent that it clarifies a uniform set of defences and other issues that you would be subject to if you did find yourself in a defamation action.
I believe that covers the field. I acknowledge the work done, both at the national level in developing the model bill and, of course, adapting the bill to the decisions we made as a government as to nuances we wanted in the bill to suit Territory conditions.
Motion agreed to; bill read a second time.
Dr TOYNE (Justice and Attorney-General) (by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
Continued from 23 February 2006.
Dr LIM (Greatorex): Madam Speaker, the opposition supports this bill. I had the opportunity to receive a briefing from the minister’s office recently which addressed the majority of my concerns. I sought ministerial clarification at the briefing and I look forward to her clarification of the intent of this legislation. While stated in the explanatory notes, it was not clear in the minister’s second reading speech. If the minister can clarify the issues that I raised at the briefing, I will be satisfied. The opposition has no hesitation in supporting the bill.
Mr WOOD (Nelson): Madam Speaker, I only have one small query. I believe you said that, because of the changes to the way the registration of births is done in some countries, it is much quicker than it used to be. The problem is that Australia does not always know that there is a trigger to tell Australia that that has occurred. I am just to trying to find the section where you said in some countries they do not have to tell Australia about that particular person. How will the Territory know? I may have explained myself very poorly there, minister, but my understanding is that it is simply a case that they have sped up the regulations in these countries, which does not necessarily trigger a factor in Australia. How do you know that that has occurred in Australia?
Mr KIELY (Sanderson): Madam Speaker, I speak today on behalf of Territory families who have a son, daughter, brother or sister, who may have been born in and adopted from an overseas country. For some time, I have been in contact with the minister’s office representing the concerns of these families whose children could only be issued with an extract rather than a full Australian birth certificate.
I have been advised by those families, as the minister has already stated in her second reading speech, for a person to establish their identity the primary document is a birth certificate. In this day and age of heightened national security and reliance on fully scrutinised government documentation that establishes one’s identity, the inability or disallowance from obtaining a full birth certificate can have a significant impact on the individual’s ability to obtain such things as a passport, driver’s licence, bank account and so on.
As well, the right to a full birth certificate must be seen as a right of equality. The minister was quite accurate when she said that a full birth certificate gives a child a single universally recognised document that will affirm their birth details and their adoption to their parents. A birth certificate confers dignity and equality of treatment of all children regardless of where they were born.
Some might not consider the changes we are flagging today as being of any major significance in the greater scheme of things, but I am of the belief that all social policy that we deal with in this Assembly is highly important because it always has some effect on the individual. I am, therefore, doubly pleased when we are joined by the opposition in supporting policies which will make our community a more equitable place and, therefore, a better place for all of us.
I am pleased that the opposition supports this bill, although I must admit that it comes as no surprise because the Leader of the Opposition, the member for Araluen, has, to her credit, a strong record of supporting matters of equity regardless of the position and likely political fallout, even if that position is in conflict with other members of her team. Well do I remember - and let me once again take the opportunity to acknowledge and thank the current Leader of the Opposition who was at the time shadow Attorney-General - when she spoke so passionately and forthrightly during the debate in November 2003 on the Law Reform (Gender, Sexuality and De Facto Relationships) Bill, more commonly referred to as the ‘gay law reform’ debate on the unequal treatment of young men in regard to their right to participate in consensual same-sex relationships.
I have had a look at a transcript of an interview the Leader of the Opposition conducted with Julia Christensen on 25 November 2003, when it became widely known that she intended to vote differently than all but one of her CLP colleagues. When asked by the reporter ‘Why have you decided to go with the government on this one?’, the member for Araluen replied:
This is the link I wish to make between what we are doing today and what we did then. First, I make this observation: it is a truly significant thing that the desire expressed by the majority of members of the CLP parliamentary team in 2003 to retain entrenched inequality in our community, and to continue to deny a particular cluster of people equality before the law - something that the member for Araluen so rightly railed against - was a precursor to the disunity and, ultimately, the dismal situation where they came back into this Assembly after the last Territory election with a much depleted team, both in numbers and energy.
However, I am left to wonder, somewhat concerned, given the member for Araluen’s recent public posture on a range of issues of equity, if she will ever vote again with her conscience and remain true to her principles as she did before taking on the Opposition Leader’s role.
Madam Speaker, today in this Assembly we will once again achieve equality before the law for a group of Territorians who, previously, did not have the same rights enjoyed by the greater community. I am pleased, particularly with the support of the opposition, to commend this bill to the Assembly and thank the minister on behalf of adoptive families throughout the Territory for introducing and successfully carrying this bill through the somewhat, at times, convoluted legislative process.
Ms LAWRIE (Family and Community Services): Madam Speaker, I acknowledge the bipartisan support that this amendment to the Adoption of Children Act 1994 has received in the Chamber. I thank the shadow minister for his and the opposition’s support.
I also respond to his queries that he, quite appropriately, raised at the briefing he received on the amendments that we have before the Chamber today. His queries, as I understand it, went to two key areas. The first area was the rights of veto of relinquishing parents. The advice I have received from my agency is that, prior to the 1994 legislation, there existed in the Territory Commonwealth legislation that was then commuted to Territory legislation under self-government. Under the old legislation, there were rights of veto that the relinquishing parents had; in effect saying that if an adopted child sought their natural parents, they had on record the right to veto the opportunity for the adopted child to find out who their natural parents were. However, that veto was exercised on a three-yearly basis; it had to be renewed every three years. The advice I have received is that the new Adoption of Children Act in 1994 changed that situation. The 1994 legislation introduced no right of veto. From 1994 onwards, that is still currently going to be the case in the parent act. We are not proposing to change this with the overseas provisions we brought before the House.
Part 6 in the current act contains ‘Access to Information’ provisions. Within that Part 6, section 61 talks about the relinquishing parent, or the adoptive parent and the adoptive child, all having the right to seek information. However, associated with that right to seek information is the mandatory requirement for counselling. Within that mandatory requirement for counselling is a process whereby the expressed views of the relinquishing parent are taken into consideration. There is actually a register of those views of the relinquishing parent. Whilst it is not a register of veto - for example, if a relinquishing parent had said at birth in relinquishing the child, ‘I feel strongly that I do not want to be reunited’ - that would be raised within the mandatory counselling. There is a right each of the parties can exercise in seeking information, but that comes with mandatory counselling. All the issues are brought forward in that mandatory counselling session and assessed and judged, quite appropriately. I did want to touch on that issue for the shadow minister who, quite appropriately, raised it.
Obviously, when you raise the issue of overseas adoption, with that you raise the potential and the concerns around baby smuggling. That is something all nations in the world have great concerns about. In fact, we are not proposing to weaken, through this legislation, the protections to avoid baby smuggling. What we believe these amendments that we bring forward in the House and, hopefully pass today, will do is, in fact, strengthen quite significantly our jurisdiction’s attention to the issue of the Hague Conventions that all nations should be adhering to; to protect the rights of the child and of parents against the horrendous act of baby smuggling. Quite specifically, we raise that and insert into the legislation through the amendments today a reference to our magistracy to take into account those Hague Conventions. They existed anyway, through Commonwealth law through our signing up to that convention. However, what we have done is actually write that into these amendments so that there is a reminder, if you like, to our judicial system in the Northern Territory that they must take into account those quite important conventions. Whilst we have not changed the status, what we have done is indicate, through the amendment, that we are reminding the judiciary to remember the Hague Conventions. We believe that is actually putting in additional layers of protection for both parents overseas and their children. Hopefully, shadow minister, that clears up those queries for you.
Regarding the query that the member for Nelson raised, where he asked how the Territory would know in regard to the final orders for adoption. Increasingly, countries are processing the adoption processes in their own country. What is created through that process is what we call a foreign order. When the adoptive parents come into Australia with their adopted child, they bring their foreign orders with them and they register those foreign orders with our Births, Deaths and Marriages. That is how we would become aware of an adoption process that has occurred overseas. Our legislation makes the registration mandatory rather than a discretionary process for our Registrar of Births, Deaths and Marriages. We really are providing very clear triggers to tighten up on the registry of those foreign orders. We are the first jurisdiction to do that, and our legislation, hopefully, will be used as model legislation right around Australia. Independent member for Nelson, I hope that cleared up your concern.
I thank the member for Sanderson for contributing to the debate. It is a raft of amendments that he has sought for some years. As an active local member, he was approached by constituents who have adopted children from overseas who, in the course of the normal function of life, either went to get a passport or to open a bank account or, indeed, in some instances I have been told of, wanted to get a driver’s licence and could not do so without a full birth certificate. Even though extracts of birth certificates are as equal and evidentiary as full birth certificates, they were not deemed to be so by these various organisations. This led parents of overseas adopted children to come to us with their concerns and say: ‘We know extracts of birth certificates are meant to be of the same evidentiary value as full birth certificates. However, in practice they are not being recognised in that way. Can you please bring forth legislation that the Commonwealth has recommended through parliamentary inquiries be amended into Australian law?’ It started a process that previous ministers for Family and Community Services embarked upon. The member for Sanderson has followed that process through quite earnestly on behalf of his constituents, hence his contribution to the debate today. I thank him for that.
I thank the staff of Family and Community Services. They went into a realm that was new in recognising the change in the way overseas adoptive processes are occurring. They embraced the challenge wholeheartedly and have come forward with very sensible provisions to adapt to the change and to the need we have to give overseas adopted children every right and entitlement they fully deserve here in the Territory. I offer my wholehearted thanks to the staff who have worked hard on this quite tricky legislative process. They have done a very sound job and come up with a raft of provisions that meet the identified need of the community and of the overseas adopted children and their parents, but also enshrine all the safeguards that you would normally look for in legislation. Thanks to the agency and the staff who have worked very long hours bringing this forward.
Motion agreed to; bill read a second time.
Ms LAWRIE (Family and Community Services)(by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
Continued from 16 February 2006.
Ms LAWRIE (Family and Community Services): Madam Speaker, I support the statement on the Centre for Disease Control from the Minister for Health. The minister has highlighted the very broad scope and value of the work of the Centre for Disease Control. He outlined the work of the Centre for Disease Control as addressing the potential of a pandemic outbreak, in particular, avian flu. It is interesting to note that in the time since the minister gave his statement, there have been new developments across the world with new outbreaks in western Europe, the Middle East and south Asia. However, there has also been some better news here in Australia, with some very positive research results achieved in Melbourne towards the development of a vaccine.
The risk of an outbreak in the Territory is very low but the impact could be great. I congratulate the minister for the work he and his department are doing in ensuring that our preparedness is first class while, at the same time, emphasising that there is no need for panic. Last year, we saw the opposition attempt to scaremonger by suggesting that people should be wary of eating magpie geese. The minister handled these scaremongering attempts very well and, by emphasising the work that is being done and what the risks really are, he helped to avoid the potential panic overreaction. I have great confidence that if this bird flu does appear then we have the expertise to quickly detect, isolate and eradicate the disease.
One area of the work of the Centre for Disease Control that is important to me as Minister for Family and Community Services is the monitoring of sexually transmitted infections, particularly in children. One of my highest priorities, and a very high priority of this government, is to ensure that we have effective and accountable services committed to keeping Territory children safe from neglect, abuse, and exploitation.
When Labor won government in 2001, it is fair to say that the child protection system in the Northern Territory was in considerable disarray, despite the best efforts of the dedicated professionals working in the system. They were under-resourced and overwhelmed. The system was not able to cope with an apparent avalanche of child protection issues. There was a general recognition that the community and professional groups had lost confidence in the capacity of the system to protect children. This lack of community confidence in the system meant that the community was much less likely to report concerns about children.
Against this backdrop, the work of the Centre for Disease Control remains a source of credible information, providing a reliable record of notifications of sexually transmitted infections in children. The public debate set the scene for the government to take up the challenge and embark on a radical rebuilding of the Territory’s child protection system. The work of the Centre for Disease Control contributed to identifying the needs for radical reforms and significant action. To some extent, the independent reporting of the Centre for Disease Control was the ‘canary in the coal mine’. In December 2003, the government launched Building a Better Child Protection System. The most important element of that plan was a commitment to work toward providing a realistic level of funding for child protection services.
As minister, I am very pleased to inform the House that the budget for child protection services has more than tripled since 2001. It is up from $8m under the CLP to more than $24m this year. We have further increases locked into the budget up to 2008 and 2009. Our strong financial management, with three budget surpluses in a row, has given us the capacity to make the investment we need to keep our children safe. Sixty-one new child protection staff were put on just last financial year and we stayed within budget. All we hear from the CLP is that there are too many public servants and that they get paid too much. The government has an opposite view. We strongly believe our child protection workers deserve everything they get.
A second key element of the reform to child protection services was the recognition that an effective approach to child protection requires a team effort. The child protection system needed to bring other players on board and improve working relationships with police, schools, doctors, other health professionals and workers in the non-government sector. In many cases, these were the very stakeholders who had lost faith in the child protection system that was under-resourced and unresponsive. When I look at the system today, I see significant improvements. I certainly see improvements in the relationship with police now that we have invested the money and established a professional dedicated FACS after-hours service. Amazingly, previous governments never saw the need to have a dedicated FACS staff available at night. Apparently, child abuse would only occur between 9 am and 5 pm.
The recent release of a bulletin from the Centre of Disease Control reporting notifications of sexually transmitted infections over the last 10 years has further highlighted how much things have changed. Sadly, the bulletin reveals that over 10 years from 1995 until 2004, there was 1911 cases of sexually transmitted infections in children under 16. What is heartening, however, is that this information can now be dealt with cooperatively to inform both how we respond to individual cases and how we develop preventative initiatives to keep children safe into the future.
I would briefly like to detail the new cooperative arrangements that will, in future, guide the shared responses of police, FACS and clinicians in responding to reports of sexually transmitted infections in children. The guidelines require that clinicians make a report to FACS or the police when there is clear evidence of sexual abuse, when there is reasonable suspicion that sexual abuse is present, when a pregnancy has occurred in a person under 14 years, when sexual activity is occurring in a person under 14 years, when a sexually transmitted infection is diagnosed in a person under 14, and when sexual activity is occurring with any person under the age of 16 not considered mature enough to understand the concept of consent in regard to sexual activity. These guidelines close the loop and ensure that not only does the child get appropriate medical treatment, but that the circumstance of every instance of a child contracting an infection is thoroughly investigated.
I believe that in making the Territory a safer place for children, we have turned the corner. This is because government listens and responds to the advice of professional people, such as the experts working in the Centre for Disease Control. We are encouraging the linkages between the professional groups: clinicians, social workers, teachers, the police and others, to ensure that they have the systems and resources to work effectively together.
Caring for our children is everybody’s business, and I congratulate the staff of the Centre for Disease Control for the way they bring their expertise to protecting the health and the wellbeing of Territory children.
Madam Speaker, I commend the Minister for Health’s statement to the House.
Ms McCARTHY (Arnhem): Madam Speaker, I respond to the ministerial statement on control of disease in the Northern Territory. As the minister has pointed out, it is a subject that is at the forefront of our minds, with the international concern over the avian flu.
In Arnhem, those concerns are very real, as limited resourced outstations alert authorities to the arrival of illegal fishermen off our shores. Just last year, illegal fishing boats were apprehended off the Northern Territory coast. Indeed, in the last couple of weeks, we have again seen what has been happening near Maningrida and in the Gulf of Carpentaria, with the concerns of illegal fishing and other activities in the region.
Indonesia’s attempts to combat the avian flu are being monitored closely in Australia, as it is of wider concern for all state governments in this country and, indeed, the federal government. New funding of $1.15m from the Australian government’s Department of Immigration and Multicultural Affairs will enhance the Northern Territory’s ability to provide health assessments of all illegal boat arrivals, with screenings done in Darwin and Gove. When you have illegal activity or any kind of activities happening just off our coastline - in particular in the Northern Territory - it is heartening to know that steps are being taken to screen these people, and to know that Darwin and Gove will be capable of doing this.
It is especially important for the Anindilyakwa Land Council and Police and Emergency Services on Groote Eylandt, who often are the ones to alert Customs officials to illegal arrivals in the sea surrounding the island. I have been told the story of one large boat that was anchored not far offshore from the Alyangula Recreation Club. At Numbulwar, mimi Henry Nungumajbarr told me just last month the story of how he and sea rangers from the Numbulwar Homelands Resource Centre spotted an illegal fishing vessel in the waters surrounding their traditional lands. mimi Henry told me how Customs officials flew into the region and the boats were burned. The thought of any communicable diseases spreading into any one of our remote communities is frightening. However, we now know that these issues are being dealt with.
Communicable sexually transmitted diseases rates are high. I have been told of the concerns of high rates of sexually transmitted infections in many communities. It may not be a world epidemic like the avian flu, but let us not underestimate the effects of such diseases. We have seen on our television screens the impacts of HIV/AIDS epidemic in Africa, and vigilance against this disease has been needed for decades and is needed still.
Just knowing that the Northern Territory is an important player in the communicable diseases network in Australia is heartening, because coordination for surveillance, prevention and control of communicable diseases is the key to being prepared for any outbreak, regardless of where it comes from or how it begins. This coordination of information is absolutely essential. Constant monitoring and updating of data collected from all medical authorities - be they in remote regions of the Northern Territory, downtown Todd Mall in Alice Springs, or even from the endless queues of GP offices in Darwin – and the sharing of this kind of information is the beginning of any detection of communicable diseases.
The Centre for Disease Control must be congratulated for their vision in establishing the immunisation database. This innovation has brought just rewards for both the CDC and the children of the Northern Territory. The reductions of childhood diseases, such as measles and pneumococcal diseases, clearly indicates the vaccination programs are having an impact. As the Health Minister has stated, the Australian Childhood Immunisation Register for 2005 shows that over 94% of children are fully immunised by their second birthday. This is a remarkable feat, considering the distances around the Northern Territory.
Recently, I travelled throughout Arnhem Land, and found that, as I went from Barunga and Beswick and out to Bulman, the kilometres certainly clocked up on the four-wheel drive. Flying over to Ramingining, Milingimbi, Angurugu, Umbakumba and Bickerton Island, there is a constant sense of realisation of how vast the Northern Territory is. For our communities and health centres and workers to have achieved 94% immunisation is something to really be proud of. I commend the staff right across the Northern Territory for being proactive in preventing a lot of these diseases by immunising our children.
At the same time, I am also acutely aware of the still high mortality rates of indigenous infants from Sudden Infant Death Syndrome in the Northern Territory. Here I can speak from being involved with SIDS and Kids in the Northern Territory. I have mentioned in this parliament how that is an area that we still need to look closely at. I know that the workers of SIDS and Kids are very conscious of the need to get out to provide information to our remote areas about looking after babies and how and where they sleep.
In conclusion, I would like to again reiterate my support for the work the staff at CDC do and acknowledge the Aboriginal Health Workers right across the Northern Territory who put every effort into caring for children in the communities. I speak specifically for my seat of Arnhem. I am acutely aware of Sunrise Health and Miwatj Health and the staff who put in the extra effort, because they are basically concerned, as we all should be, about the future of our children and all the people who live out there.
Ms ANDERSON (Macdonnell): Mr Deputy Speaker, I speak in support of the statement on Communicable Diseases brought to this House by the Minister for Health. The minister spoke about the Northern Territory’s high childhood immunisation rate, now above the national average and the highest for children aged two years in Australia. Of relevance to my electorate of Macdonnell are immunisation rates of Aboriginal children.
I am very grateful to have the opportunity to speak on this debate, as the subject of communicable disease and its prevention is something about which I feel very strongly. During my whole life living in the Aboriginal communities of Central Australia, I have lived with the daily presence of the threat of death to my loved ones from communicable diseases. The reality of this ever-present threat haunts me in a way that I suspect that it haunted the ancestors of most Aboriginal Australians. This threat ceased to hover over most Australians in the period between 1850 and 1950, with the development of great environmental and public health campaigns and reforms of those times, mainly pioneered and implemented by the Labor movement in the cities, towns and villages where nearly all non-Aboriginal Australians lived.
When I go home to Papunya, Hermannsburg or Haasts Bluff, I always hear about more people being sick, and people dying young from preventable diseases. Much of this burden of disease can be sourced back to the poor living conditions in which many of my people still live. Even where good housing has been provided, the pools of infection are often so prevalent that kids cannot avoid picking up the sores and respiratory problems that will underline their chances of living a healthy life to a ripe old age. For example, ear infections spread like wildfire amongst our young children, prejudicing their chances of getting a decent schooling. This, in turn, can mean that they will never get the literacy skills that are needed these days if you are to have a chance of living a healthy life in an individualistic consumer society.
Our opportunities for rectifying these problems are not helped by the incredible deficits that our communities experience in relation to essential services such as good drinking water, collected garbage and sewage disposal systems, the safe shelters that are warm in winter, and real homes that these children need to survive in. However, thanks to the work of many dedicated people, both in government and in community organisations, things are at least starting to improve.
In effect, there have been dramatic improvements in some areas, and the hard work and dedication that has produced these results need to be acknowledged. At one level, the Indigenous Housing Authority of the Northern Territory, IHANT, is doing work on the provision of housing and infrastructure that is really starting to pay off, producing much better results, particularly with the programs involving young, local people in the construction phase. At another level, living skills programs sponsored by IHANT are becoming more professional, and this will have a big impact on how healthy the new houses are for the kids who have to live in them.
Most importantly, there have been effective breakthroughs in some aspects of primary health care at the community service and community clinic level. As the member for Arnhem said, it is the commitment of Aboriginal Health Workers and nurses who are based in these communities that we really have to pay tribute to tonight.
The statistics demonstrate that our investment in child and maternal health is working. This is illustrated by the report on government services released to the public on Monday, 30 June 2006.
Another source of good news about immunisation providing protection from communicable disease comes from unpublished data from the Australian Immunisation Register. This data shows that Northern Territory Aboriginal children aged two and six years are, on average, better immunised than Aboriginal children elsewhere in Australia. Importantly, immunisation rates of Northern Territory Aboriginal children aged six years are around five percentage points higher than the national average for all children of this age. This is a significant achievement for all remote health services, both government run and community controlled.
The Department of Health and Community Services maintains a childhood immunisation database that records vaccinations given to all children in the Northern Territory. A child’s immunisation history is recorded so that, as people move around the Territory and adjacent areas in South Australia, Western Australia and Queensland, health services can quickly find out via a phone call whether any vaccinations are due. Even more importantly, each month the Department of Health and Community Services notifies every remote health service of which children from their community are due for vaccinations. This allows the health service to arrange immunisations for these children when they are due to have it, and with the least impact on a busy health service. It is good that government has recognised the mobility of Aboriginal people and tailored service provisions to take this into account.
The Centre for Disease Control, or CDC, within the Department of Health and Community Services works very closely with staff from the Australian Childhood Immunisation Register. This is crucial as Australian Childhood Immunisation Register staff down south do not have a good understanding of Aboriginal names and places and, without accurate information based on local knowledge, good quality immunisation data is not possible. This then reflects in the Northern Territory immunisation coverage rates that enable Northern Territory Aboriginal medical services and GPs access to Australian government immunisation incentives which are based on immunisation coverage achieved.
What can we say about the impact of these high immunisation rates on child health in the Northern Territory? We can say that these high immunisation coverage rates translate into very low numbers of cases of diseases that are preventable by vaccine. I will give you two recent examples of how the introduction of new vaccine into the Northern Territory immunisation program has reduced disease. In the past, Central Australian Aboriginal children have had the highest rate of invasive pneumococcal disease ever recorded in the world. Even non-Aboriginal children in Central Australia were over three times more likely to develop IPD than children elsewhere in Australia. I can now report that since the pneumococcal vaccine was introduced in 2001, these very high rates have fallen dramatically. The last Central Australian child under five years of age to get invasive pneumococcal disease was in September 2002. Before the introduction of the vaccine, there were 10 to 11 cases of this serious disease in Central Australia each year.
Additionally, many cases of pneumonia are due to pneumococcal bacteria, and not all of these are causes of IPD. Pneumonia is a common reason for children to be admitted to hospital and reducing pneumonia would reduce hospital admissions as well as visits to health services. Once again, I stress the importance of healthy housing for the prevention of pneumonia. The ability to have hot water rather than cold showers, to live in warm houses rather than outside on a cold winter morning, will prevent the occurrence of pneumonia. The Centre for Disease Control is currently involved in the Cooperative Research Centre for Aboriginal Health to investigate the effect of vaccine on the incidence of pneumonia.
The second example is the introduction of the HIB vaccine. Central Australia previously had very high rates of HIB disease, the bacteria a cause of meningitis in babies and also of epiglottitis. Before the introduction of the HIB vaccine ahead of the rest of Australia, the rate of the disease in Northern Territory Aboriginal children was 278 per 100 000. Within three years of the introduction of the vaccine, this has fallen to 37 per 100 000, a reduction of 87%. This rate has continued to fall through the continued effort of our child health program.
Even more pleasing is new data revealed in the 2006 report on government services. Northern Territory children aged 12 to 15 months who are fully immunised increased by 7.7%, between June 2001 and June 2005. These children are immunised against diphtheria, tetanus, whooping cough, polio, HIB and hepatitis B. Northern Territory children aged 24 to 27 months who are fully immunised increased by 10.1% over the same period. These children are immunised against diphtheria, tetanus, whooping cough, polio, HIB and hepatitis B, plus measles, mumps and rubella. This is giving our young people the chance to live healthy, active lives and not to be plagued by acute health conditions that are curable.
However, more needs to be done. We need to improve the provision of information to parents on remote communities. This information needs to be provided in language that people understand because the ability to take preventative measures depends on people being educated about causes of ill health. This, in turn, reduces the demand on hospitals and the health system in general.
Immunisation is recognised to be one of the most cost-effective interventions in health. Childhood immunisation was considered by the US Centre for Disease Control as one of the top 10 public health achievements of the 20th century. The work of the Department of Health and Community Services, ensuring that all Northern Territory children have access to high quality immunisation services, is one of the best things we can provide for our children. When combined with improvements in dust control, water quality, waste disposal and living conditions as we are now slowly beginning to experience in the Northern Territory, the results can be truly significant.
Dr TOYNE (Health): Mr Deputy Speaker, I thank all members for their contributions to this debate on such a very important topic. In both the proactive preventative work that we are doing in the Territory and the preparation for the potential pandemic flu outbreak, this is incredibly important work by an important part of our health system in the Centre of Disease Control and our working health professionals right through the Territory.
The immunisation rates that the member for Macdonnell was just referring to would not be happening if we did not have strong coverage of our remote clinics and health staff, as well as the community health centres in the urban centres. It is a fantastic outcome from a very dedicated group of professionals right throughout the Territory.
I will recap some of the key things mentioned in this statement. It referred to pandemic flu, or the potential for that to occur. As my colleague, the Minister for Family and Community Services quite rightly said, this is a moving process even since I introduced this statement into the House last sittings. There have been new outbreaks of the avian flu, the bird flu, elsewhere in the world. Obviously, we are watching it very closely at the national level to guard against the possibility that it will mutate into a person-to-person virus transmission. We have to be ready if that moment arrives. Hopefully, it will not. There is no imminent risk of pandemic flu in the Northern Territory, but we have to be prepared along with the rest of Australia.
The statement mentioned the need for screening of illegal fishermen. I saw the screening area at the Centre for Disease Control. We now have a good relationship and arrangement with the Commonwealth so that CDC can carry out that very important work in guarding against the importation of new or known diseases into Australia by adequate screening and isolation on first arrival.
My colleague, the Minister for Family and Community Services, covered the issue of sexually transmitted infections. It is very important that she put on the record what the actual meaning is of the numbers of STIs we are seeing, particularly in younger children. It is very easy to jump to conclusions, for one thing, and also to try to make some cheap political capital out of these figures which are very serious and need to be seriously dealt with as a health issue, and as a law enforcement issue if that is evidenced.
What has come through all of these comments and the contributions of my colleagues as well, is how important the research and evidence side of our work is. There was reference made by a member to the immunisation database that the CDC established in the Territory in a very visionary move. It is on that database now that, along with our notifiable diseases arrangements, we can make very clear and reliable statements from the data of immunisation and disease control records about the coverage that we have achieved in children and other age groups within the Northern Territory, and the prevalence and distribution of some of these diseases such as rotovirus, hepatitis or the like.
Aboriginal communities are a particular focus of our work in disease control, both at the level of immunisation and clinical intervention, but also in the environmental health effort in removing hazardous situations that will propagate communicable diseases and their spread through a community.
Lastly, we highlighted the national and international commitment in which CDC is involved, particularly into Aceh, East Timor, and the Pacific.
It seems to be getting to be quite a major task of mine in the sittings to correct all the inaccuracies that the member for Greatorex seems to delight in bringing into these debates. In his contribution, there were quite a number of inaccuracies. He alleged, for example, that the Queensland government has given a guarantee that it will provide antiviral to all Queenslanders in the event of pandemic flu, and ‘why cannot we do the same thing, you gutless government?’ The member for Greatorex’s information is totally incorrect. The most senior Queensland clinicians dealing with the possibility of pandemic flu have informed CDC that there is no such announcement, commitment or guarantee. The NT has access, as do all the other jurisdictions, to the national medicine stockpile that contains four million courses of antivirals, mainly Tamiflu but with some Relenza. This is enough to treat 400 000 cases and protect one million essential service workers for six weeks.
Members may recall that that will allow the essential service workers to, hopefully, contain the spread of the infection while the effort is put into immunisation or vaccination of the general population. That is the plan: to protect the essential service workers to maintain the integrity of community activity, and to isolate and deal with the initial disease outbreaks while a broader effort to protect the population is mobilised. No country in the world has enough antivirals to protect its entire population. In fact, by spending $120m, Australia is in one of the most advanced stages of preparation for any disease outbreak.
I will not deal with the STI statements that the member for Greatorex made, other than to say that my colleague, the Minister for Family and Community Services, has outlined the clinical protocols that are put into place when STIs are detected in young kids, and what judgments are needed from our professional workers in that area.
As usual, he alleged that, somehow, we have denied resources to the Centre for Disease Control. The actuality is that, in 2002-03 there was $15.2m going to the CDC. This current year, there is $17.217m going to CDC, 13% up on the original levels of funding. The Commonwealth funds additional activities for CDC; for example, the money that they receive for the screening of illegal fishermen. There will be some fluctuation, largely concerned with the amount of Commonwealth funding available as programs come and go into that centre. We have certainly maintained fully the support for that area.
The member referred to a number of hepatitis C cases reported in the DHCS Annual Report, and pointed out that there was one case for 2004. Congratulations to the member for Greatorex - he spotted a typo. The actual number of cases for 2004 on page 123 should be 265, the figure 1 in that cell is a typographical error. He went on to make the statement that there was allegedly some inconsistency in the number of hepatitis C cases reported in the department’s annual report. On examination of the Hansard, we believe that the member should be referring to page 42, not page 22. The figures on page 42 are financial year’s statistics, while those on page 123 are calendar year’s statistics, therefore, they naturally will not match up.
We fully agree with what the member is saying about the need for strategies to deal with this hepatitis C disease, which is well known for its fatality rate as it runs its course. What we have done, far from reducing the effort in that area, is increase specialist physicians from 0.3 to 0.8 FTE, and created two 0.5 FTE nursing positions for hepatitis C, one in Darwin and one in Alice Springs. We have worked with the NT AIDS and Hepatitis Council, the general community and prisons to raise awareness on hepatitis C issues. We have needle and syringe programs throughout the Northern Territory, in private pharmacies, community organisation locations - for example, the NTAHC, and in government outlets such as Clinic 34 and the hospitals. All hospitals except RDH ensure 24-hour access to injecting equipment. There is regular training for general practitioners and other health care providers, and there is constant surveillance of notifications and investigation of significant increases, including a revision of the requirements under the Notifiable Diseases Act to allow CDC to gather more information concerning hepatitis C.
Regarding safe sex promotion, the member for Greatorex had the suggestion that the Cuz Congress approach should be extended to the rest of the Northern Territory. Cuz Congress is very much a Central Australian thing and, while certainly it is appropriate to have safe sex promotion throughout the Territory, I doubt that extending the Cuz Congress model would be the most appropriate way to do it.
The CDC will be establishing a sexual health blood-borne virus advisory group to oversee future development in this area. It will bring together representatives from both community controlled and government primary health care agencies, the NTAHC and the Australian government to develop a partnered program in this area.
Finally, the member for Greatorex believes that a rotovirus outbreak should be predictable seeing they are notifiable. We would win the Nobel Prize if the CDC came up with such a thing. The truth of the matter is that the rotovirus outbreaks are getting more and more unpredictable and erratic in where they occur in the Northern Territory and what time of the year they occur. There is no apparent pattern or predicted pattern to that in my discussions with the CDC staff. We are, basically, putting our efforts into a rotovirus vaccine which will be deployed in the Territory in the near future. That is a far better solution than trying to work out how to predict where the rotovirus is going to occur. If we vaccinate the kids, hopefully, it will not occur.
Mr Deputy Speaker, that covers the issues that were raised during the debate. I again thank members for their contribution. I believe that this is a very appropriate topic to engage members on because it has such an important impact on Territorians.
Motion agreed to; statement noted.
Continued from 21 February 2006.
Dr TOYNE (Health): Mr Deputy Speaker, I support the minister’s statement on indigenous housing and also to highlight the importance of the link between housing and health. The link between housing and indigenous health has been formally acknowledged at the National Health Policy level for many years. The National Aboriginal Health Strategy 1989 and the Royal Commission into Aboriginal Deaths in Custody 1991 focused national attention on the relationship between housing and infrastructure and the health and wellbeing of indigenous Australians.
Overcrowding and poor housing conditions were identified by the National Aboriginal Health Strategy 1989 as key contributors to the high rates of infectious diseases suffered by indigenous Australians. While over the last 15 years programs such as the National Aboriginal Health Strategy Environmental Health program have contributed to improvements in housing and infrastructure in indigenous communities, overcrowding and poor dwelling conditions continue to impact on the health of many indigenous Australians.
Infectious diseases such as intestinal and acute respiratory infections continue to be the leading cause of hospitalisation for indigenous infants and children under five years of age in the Northern Territory, with incidence rates many times higher than that for non-indigenous infants and children. The Territory government is investing significant resources into maternal and child health. Early in the first term of government, we committed $2.2m per year to the child health initiative to employ 25 additional child health personnel for remote communities. We are building on this further in our second term. This represents the biggest single boost ever to child health services in remote Territory communities. These additional resources will assist in the monitoring of antenatal and postnatal condition in women, and young children’s health status, and allow for early intervention management once problems are identified.
However, it will not eliminate one of the major causes of transmission of infectious diseases; that is, overcrowded and inadequate housing. Families of 16 to 20, and sometimes more, are forced to live together in overcrowded houses. This overcrowding causes multiple social problems which impact on people’s overall health and wellbeing. It also creates two significant infectious disease health problems. Overcrowded living conditions have been linked to an increase risk of infectious diseases such as meningococcal disease, gastroenteritis, trachoma, conjunctivitis, rheumatic fever, tuberculosis and acute respiratory infections.
Overcrowding in houses places extra strain on health hardware - things such as toilets, taps and sinks, food storage places, washing and cooking facilities. The demands placed on these items due to the overcrowding causes them to wear out much earlier than normal resulting in a further spread of infectious diseases. Research has demonstrated a link between group A streptococcus pyoderma, which are skin sores, and increased number of persons per household. This is particularly pertinent to the NT where the prevalence of skin sores amongst indigenous children has been found to be as high as 70% in some communities. The repercussions of these high rates of skin infections for the health of indigenous Territorians are devastating, with repeated skin infections being linked to an increased risk of renal disease in later life. Rates of end stage renal disease in the indigenous population of the NT are more than 20 times higher than the general Australian population.
While the accepted belief is that group A streptococcus (GAS) pharyngitis, throat infection, alone causes acute rheumatic fever, there is a growing suspicion that GAS pyoderma, skin sores, are also the driving force behind the high rates of acute rheumatic fever in Northern Australian indigenous communities. Acute rheumatic fever is very rare in Australia except amongst the indigenous population. The rates of acute rheumatic fever in the NT are amongst the highest in the world. The Menzies School of Health Research is currently undertaking research to establish conclusively whether GAS skin infection contributes to acute rheumatic fever and, consequently, to rheumatic heart disease. Overcrowding has also been identified as a key contributing factor to the high rates of otitis media amongst indigenous children.
Puggy Hunter, the former Chair of the National Aboriginal Community Control Health Organisation, described otitis media as a disease of poverty that leaves a lasting legacy of educational and social disadvantage. Chronic suppurative otitis media has been found to be as high as 50% in some indigenous communities. Notably the World Health Organisation identifies populations with rates of CSOM greater than 4% as has having a health emergency. The fact that rates of otitis media in indigenous communities are similar to those recorded in developing countries indicates we still have a long way to go.
As outlined in Building Healthier Communities 2004 to 2009, the government has made a commitment to ensuring that all Territorians enjoy long and healthy lives. It is recognised that in order to meet this goal the Department of Health and Community Services cannot work in isolation, and strong partnerships across government and non-government sectors are necessary to improve health outcomes for all Territorians. This is particularly true in relation to improving the substandard living conditions that contribute to the burden of disease for many indigenous Territorians.
The Department of Health and Community Services’ Environmental Health Program has worked closely with the Indigenous Housing Authority of the NT, the Department of Local Government, Housing and Sport, and the Menzies School of Health Research to develop an indigenous community housing survey. The survey is a key in housing management strategy for indigenous communities. The aim of the survey is to identify the maintenance requirements of community-managed houses contributing to improved housing conditions, safety and housing longevity. The survey will be conducted on a biennial basis.
The Environmental Health Program was contracted by the Indigenous Housing Authority of the NT to conduct the inaugural Indigenous Housing Community Survey on all major and minor indigenous communities in the NT, which equated to 160 discrete communities. The majority of outstations were surveyed separately by community development officers with the then Department of Community Development, Sport and Cultural Affairs. The survey commenced in August 2004 and was completed in July 2005. It involved over 20 environmental health officers, as well as numerous indigenous community members. A total of 4316 houses were visited by environmental health officers and of these, 3753 were fully surveyed. This comprises the largest single survey of indigenous community housing in Australia.
An analysis of the survey results from the major and minor communities highlights the continued inadequacy of housing across all indigenous communities. Only 19% of the houses that were fully surveyed were found to be equipped with the necessary infrastructure to enable food to be stored and prepared safely. This is of particular concern, given the high rates of intestinal infections in indigenous children in the Northern Territory. The fact that only 46% of the surveyed housing had adequate facilities for washing people is also very worrying. Only 57% of the houses were found to have functioning washing machines and the other necessary infrastructure to enable residents to easily wash their clothes. While nearly two decades have passed since the UPK report first argued that housing should be designed, constructed and maintained to enable performance of the nine healthy living practices, it is obvious from the results of the Indigenous Community Housing Survey 2004-05 that many indigenous families continue to live in substandard conditions which compromise their ability to protect their health, especially that of their children.
Research of E Walton Hall 2001 indicates that a threshold of housing standards may have to be obtained across the community, or even the region, before substantial health gains are to be made. Individual community houses and communities do not exist in isolation. Environmental and social conditions in one house impact directly on other nearby houses and communities. The Environmental Health Standards for remote communities are an important means of ensuring that all new housing construction on indigenous communities meets an acceptable standard. The Environmental Health Standards principally provides domestic building standards for remote indigenous communities where the Building Code of Australia frequently does not apply. The standards are another example of what can be achieved by intersectorial collaboration.
Department of Health and Community Services’ Environmental Health Program, along with Indigenous Housing, played a leading role in the development of the standards. While the standards do not have a legislative base, they have achieved a high level of acceptance in the building industry and are called on as contractual standards by the Indigenous Housing Authority of the NT and by the National Aboriginal Health Strategy Environmental Health Program.
Environmental health promotion initiatives are another means by which my department is contributing to improve living conditions on indigenous communities. Working, where possible, with community-based environmental health workers, environmental health officers play a leading role in the promotion of hygiene improvements. Both home and personal hygiene have a significant role to play in the prevention of infectious disease transmission. Studies from developing countries have demonstrated a significant reduction in diarrhoeal disease, acute respiratory infections and skin infections when improvements in home and personal hygiene are made.
My department will continue to provide the best health and environmental health services possible for Territorians. However, research shows us that, until we see significant improvements in indigenous housing, we will continue to see high rates of preventable infectious diseases associated with overcrowding.
Mr Deputy Speaker, I support the minister’s statement before the House today.
Mr WOOD (Nelson): Mr Deputy Speaker, I welcome the minister’s report on Aboriginal housing. I say at the outset that fixing the Aboriginal housing issue on its own will not solve the problems that we have. Until we solve problems of employment, education, health, just fixing housing, on its own, will not solve the issues that many Aboriginal communities have at this present time. We have to look at these issues holistically, and we need a coordinated approach to many of these issues. We have groups of people from this parliament going around looking at substance abuse. Anyone knows that when people consume too much alcohol or are destroying their lives with petrol sniffing, there can be some violent outcomes from that. In many cases, that can be taken out on someone’s house. If you have travelled around a number of those communities, you can see that vandalism makes it difficult to keep liveable houses on many of these communities.
There is a whole range of issues related to Aboriginal housing. In making a contribution to add to the minister’s statement, I am going to concentrate on two areas. One is the cost point of view of Aboriginal housing that the minister talked about in his speech. The minister said:
He went on further to say:
The minister went on to say:
The minister went on further to say:
He went on again to say:
That raises the question: why is Aboriginal housing so costly? From my reading of the annual report - and I must admit, the annual report gives me two figures - I estimate that, in the last financial year, 70 new residences and 52 upgrades occurred which, in another part of the annual report, is actually 94 new residences and 22 upgrades. That cost $27.55m. If I divide that by 70 or 94 - I am not sure which is the accurate number for actual houses built - it comes to around an average of $300 000 a house. Notwithstanding most houses are built on land that is owned by Aboriginal people, there is not a land cost factor involved as you would have in Darwin or Palmerston. That is an enormous amount of money for a house to be built. Compare that with renting that house.
I did some figures the other day in respect of the rural area. If I was to buy a block of land worth $150 000 and used my house as collateral, over 30 years I would be paying something like $225 per week. If I wanted to do it over 15 years, I would have to be paying something over $300 per week. That is a pretty substantial amount of money and that would just be for a block of land. If we had to buy a house for $300 000, for most people - especially in Aboriginal communities where the average income would probably be quite considerably lower than you would earn in Darwin or Palmerston - that would be a nigh-on impossible job. The minister might be able to answer the question I raise: have there been some real studies into low cost housing?
I happened to be searching through my files the other day, and I came across this 1981 publication called Pole Frame Structures. This may not apply in parts of the desert because there might not be any trees big enough to build a house. This was brought out by the Conservation Commission, which has a number of house designs in it. I remember one of these was built at Wishart Siding. They are quite liveable houses. They use native timbers and normal construction methods. There is a whole range of designs in here, from small designs where you only have two bedrooms, up to four-bedroom houses. Most of them are open design with plenty of breezeway. These were released by the government in 1981; they are cyclone coded. In fact, there is another book which tells you exactly how to build the house. It tells you what size concrete footings, how to put the beams together, all using poles from native timber. With that, you get a series of detailed plans on how to build a house. These were released in 1981. Obviously, they would have known about cyclones. You get a nice plan and information on how to build a house. All those plans in the book are detailed plans.
These are not houses that you might see in the Bayview canal estate. However, they are decent and reasonable houses that can be built out in communities using native timber. Of course, you have to also have materials for pouring the floor and setting the poles into the ground, and you would need to buy corrugated iron and the claddings for the ceilings and the walls. There is some low-cost housing that was put forward as an option in 1981. They are quite reasonable houses.
I also rang up some kit home people. I rang a company in Brisbane. I thought I had better ring someone in Queensland because they will have an idea about cyclone buildings. I rang this company and they said an average kit home in steel would cost you $60 000 to $70 000. You would double that because you would have to put a floor in and a kitchen and toilet, and those basic requirements for the house. The floor could cost more or less money depending on what part of the Territory you are in, because you have to find some gravel and get cement there to pour the floor. You could also have a floor that was above the ground if you could not build it with concrete. They said: ‘Those houses are quite nice. We do not design houses that are just tin sheds. We design houses that can go in suburbs. They do not require skilled people to put them together. You may be required to have an overseer to make sure they are going up correctly’.
Bathurst Island is extremely short of decent housing. There were nearly all tin sheds at Bathurst Island when I first went there. The Catholic Missions, at that time, imported what they called ACTO demountables. They were demountables that actually locked together with a breezeway. I think they bought 20 and brought them up from Adelaide and put them up as a quick fix to try to get some decent accommodation. Then they started bringing in wooden kit homes from Queensland. Everything in the house was there, and they put them up.
I know the minister has a new body called the IHANT Board, and I am wondering whether that is something the board has looked at. It is no good building $300 000 houses if 90% of the people are still living in shacks and poverty. Let us build a lot more houses for $100 000, $150 000 - a good average house with a shower and toilet and reasonable accommodation - in conjunction with the Aboriginal communities. Sometimes - and I think it still happens - Aboriginal people are not as involved in the design of these houses. I say that because when I went down to Dillinya, Sheila Millar was telling me about those lovely houses they have down there - they are good houses. However, they did not have much say in the design of them. They have a nice breezeway, but you forget when you are down towards Top Springs when the cold winds blow in the Dry Season it makes those houses very cold. She said they were not really involved in the design of those houses.
There must be opportunities for us to try to get better value for dollars. Employment is one. It is going to be much easier to have people working on a kit home than building a house from scratch, or a block design house which would require skilled tradesmen. If you build these log houses, as the introduction to this Pole Frame Structures book says:
There is great potential there to look at other options.
Recently, an Aboriginal lady who lives in Howard Springs came to see me and said that there are other issues that caused problems. If you build a $300 000 house in the eastern Northern Territory towards the Queensland border and, if someone dies, that house could be empty for 12 months or longer. That is another issue. You could put all this money into a house and then it becomes vacant and subject to vandalism or just decays. It is a difficult issue but one that we have to look at. It is something that happens, but it means there is a house that no one is able to live in. I know the sorry business seems to vary from one part of the Territory to another. My experience is more Bathurst Island and Daly River where it was for a short period the house was empty. It is usually smoked and there was song and dance. In the case of Catholic Mission at Daly River, they got a double dose; there was incense as well. That was the system that was used there. In other parts of the Territory, that does not happen. The issue is that houses, basically, stand vacant for a long time. I bring that to your attention as one of the factors.
The other factor the minister has not spoken about in his statement but which has been raised before is the issue of home ownership. This has been an issue that has been on the agenda more since Senator Amanda Vanstone made an announcement about initiatives promoting individual home ownership on indigenous land. I am not here to say one way or the other whether the concepts the federal government are putting forward are the way to go.
What the federal government is proposing came with the changes to the Aboriginal Land Rights (Northern Territory) Act when they were looking at two possibilities for Aboriginal people. One was called the Home Ownership on Indigenous Land program which is for people who live in the town area of an Aboriginal community. Under the program, people can borrow the money they need to buy a house from Indigenous Business Australia. They would pay a deposit and pay the rest over time. Under this program, they will not pay too much money in interest on top of the amount they borrowed in the first place. If they cannot keep up their payments, they might lose their house. The house will not be sold again to anyone who wants to buy it. Instead, the Community Housing Association takes over the house and will own it.
The second program they have is called the Home Purchasing Centre program. This is a program to help people who have been renting a community house for a long time and have been good at paying their rent. They could buy a house from the Community Housing Association for less than the full price. As part of this program, the Community Housing Association will then get extra top-up money from government to build or buy another house to replace the one it sold. There will be quite a few comments about that.
To balance those initiatives from the government, I will also read some comments from the Social Justice Commissioner, Mr Tom Calma. As the member for Brennan would know, he was recently at the Palmerston Indigenous Village and he spoke about the social justice report. He made some comments about Aboriginal ownership of their own homes. In his media release on 5 October it states:
He went on the say, in another press release which was part of the media pack of the native title report:
Then he said:
Others also said that you presently were able to lease land from Aboriginal people for things like railway walls, Defence housing, utility stores, pastoral leases, safari hunting, and tourism. There are comments from both sides of the fence on the issue of indigenous ownership of their own houses.
I put forward that we are not going to catch up, as you say, unless you have a Marshall plan, with the number of houses that we really need. We have to look at some other ways of trying to do it. If we really are going to rely on the government to provide every Aboriginal family in Australia with a house, much as it might be a good idea, I do not think it is going to occur in reality. Therefore, you have to look at other alternatives. Can we provide cheaper housing, get better value for the money that we are providing, and give Aboriginal people the opportunity to buy their own house? I know there are many issues with that, but that is good for debate. We need to debate that, to see whether there are ways around that: can people pay their rent as part of purchasing a house?
On the other side of that, if you happen to be leasing your house on Aboriginal land, you actually do not own the house; the community that owns the land owns the house. Therefore, if you stop payment, or you pass away, whose land is it?
There are a lot of issues that need to be sorted out, but it is worth the debate. If we are to make a difference, we have to look at the cost of housing and have to be realistic with the type of housing we put on Aboriginal communities. It is no good having one fantastically luxurious six-bedroom house with all mod cons and 90% of the people still living in poverty. Let us put some medium houses in those communities and get more people out of extreme poverty. At the same time, let us look at the options of whether indigenous people can purchase their homes without losing the communal rights that they have for the land at present.
Mr HENDERSON (Police, Fire and Emergency Services): Mr Deputy Speaker, I support the statement of my colleague, the Housing Minister.
In urban areas of the Territory, running water, electricity and a decent place to live are things we take for granted. However, for many Territorians living in remote areas, this is a dream, not a reality. They live in homes bursting at the seams due to chronic overcrowding and with basic domestic facilities struggling under the weight of that overcrowding. For these Territorians, maintaining basic hygiene and health becomes a daily battle, making it very difficult to focus on things like school attendance, undertaking training or holding a job.
Substandard overcrowded housing is continually identified as the most important structural impediment to indigenous people breaking away from welfare dependence. As my colleague, the Housing Minister, pointed out, there is a crisis point in the Territory in the substandard housing situation in so many of our remote indigenous communities. The figures speak for themselves. Of the close to 60 000 indigenous people living in the Territory, 82% live in rural and remote areas, including 72 recognised communities, and another 800 locations with five to 100 people living in them. Public housing, private rental housing and other mainstream forms of housing support are simply not available for the majority of these places.
In 2001, it was estimated that around a quarter of indigenous households were overcrowded. Our indigenous population had an average household size of 4.6 people, compared to the non-indigenous population of 2.7. The situation has not improved. The social disadvantage of this overcrowding, combined with poor domestic infrastructure, cannot be underestimated. Ensuring remote indigenous families have proper housing is not just a social imperative, it is also the path to a strong and a prosperous future.
Last week in the House, I spoke about what my Department of Business, Economic and Regional Development is doing to support and stimulate regional and indigenous economic development. We have put in place an Indigenous Economic Development Strategy, targeting 13 sectors which present opportunities for remote indigenous Territorians. We have an Indigenous Development Task Force driving this process and working to improve indigenous wealth, employment and entrepreneurial culture. We are seeing some early success stories, with a number of indigenous businesses set up around the Northern Territory, or in the planning processes. However, the harsh reality is that, if we do not get the basics right, how can we expect remote communities to improve their economic lot?
Proper housing is a crucial piece of the puzzle. It must be addressed if economic opportunities are to be fostered, developed and sustained in our remote communities. The direct contribution house construction makes to the creation of job and business opportunities is significant. Experience in North America demonstrated that long-term construction contracts were the most effective mechanisms to develop jobs and business capacity in remote areas.
Through the negotiation of the $250m Indigenous Housing and Infrastructure Agreement 2005 to 2008, the Northern Territory is committed to the construction of 180 new houses a year from 2006-07 - a good start. Under the agreement, a number of existing programs will be pooled from 1 July 2006, including the Aboriginal Rental Housing Program at $20m; Community Housing and Infrastructure Program, almost $40m; the new Aboriginal Housing Strategy; and Healthy Indigenous Housing Initiative, almost $5m. By pooling these programs and the attached funds ensures housing programs are strategic, streamlined and avoiding overlap and duplication. It is a landmark agreement and one the Northern Territory government fully supports. It will ensure we are all travelling in the same direction and working towards the same goal of improving indigenous housing, and doing it in a bipartisan manner.
Importantly, this commitment to improving housing stock in remote areas presents a significant opportunity for local indigenous people to gain real skills and jobs in their own community. Regarding jobs, ongoing housing construction provides a focus for the sort of training that can and should be delivered in remote communities. That work has started, with an employment and training strategy being developed for the indigenous community housing sector, which aligns with our Building Stronger Regions, Stronger Futures Strategy, as well as our Indigenous Economic Development Strategy. As the Housing Minister outlined, this presents an enormous opportunity for indigenous people in increased employment outcomes and the potential to undertake training and apprenticeships that lead to real jobs. These skills will remain valuable once the initial construction phase is over, with repairs and maintenance providing an ongoing vehicle for continuing employment for local people in their own communities.
This strong focus on building up the housing stock in remote communities is more than just jobs. It will lead to an increased indigenous economy and enterprise through housing and construction management. There are a range of housing and construction business models and employment outcomes that can be adopted according to local circumstance, something my department will be working on, including joint ventures, stand-alone Aboriginal business and pooled employment models.
One example that has proved successful is the Central Remote Training Model developed by the former IHANT. Under the model, five remote indigenous communities and one indigenous community in Central Australia are using indigenous building teams to build two houses in each of the six communities. The former IHANT gave a five-year commitment to the program, along with the participating communities. Nineteen apprentices are currently participating in the program, with nine currently working towards completing a Certificate III in General Building and Construction. The remaining 10 are either near the completion of a Certificate II in General Building and Construction or midway through. Nine of the apprentices have been with the program for over 18 months and should complete their structured training program by the end of 2005-06 financial year.
Literacy support is also provided as part of the training. The Central Remote Training and Employment Model will complete its first round of training at the end of the 2005-06 financial year, and the Department of Local Government, Housing and Sport is currently developing the next round which is due to commence at the start of the 2006-07 financial year. Tangentyere Constructions are the project managers for the training construction program and are looking ahead to 2006 and beyond for enterprise opportunities for the building teams in participating communities. A number of other Central Australian communities are interested in participating beyond 30 June 2006, so it appears as if the model will continue to succeed in developing skilled local people into the future.
Where these construction models emerge at a local level, there will be opportunities to take on contracts in neighbouring communities, towns, and even across the Territory. The skills and equipment that will be invested into these projects will also be transferable beyond the construction sector. Other contracting opportunities will emerge in the mining sector, and on road construction and maintenance.
The strategic aligned and bipartisan approach now being taken to tackle the indigenous housing crisis in the Territory is one of the most important ways in which government can have a decisive influence on the regional economy. Not only will it mean a better quality of life for many Territorians currently living in substandard or overcrowded housing, but also provides these people with new training and employment opportunities, as well as potential business ventures. The social and economic benefits are enormous.
This is certainly an issue that, as Minister for Regional Development and indigenous economic development I am absolutely passionate about. If we are looking at the private sector to come in and invest, the reality is that many of these outcomes for indigenous employment and real jobs out on the communities, is an aspiration we should all look and work towards. That is not going to happen overnight. The one area we can have specific and direct influence on is through our own capital works programs. That is something I, and my colleagues, the Minister for Housing and the Minister for Infrastructure and Transport, are working on. We believe that with a real focused effort, working with the Department of Employment, Education and Training, we can really start to sharpen the capital and maintenance spend that we spend in the bush to get much better indigenous employment outcomes. That is something that we are working hard on, as well as looking forward into the future trying to get private sector investment to get other enterprise activities happening in remote communities. I commend my colleague, the Housing Minister for his statement.
I pick up on the comments from the member for Nelson. I agree, and have spoken to the Minister for Housing about it, that we have to get better value for money in the housing spend that we have in the bush - $250m a year. You cannot tell me there are not better economies that we can achieve for the dollars that we have available. I know my colleague, the Housing Minister, is certainly on to this. I agree with the member for Nelson; we have to get better value for money. The cost that we have currently seen for building a three-bedroom house out at Wadeye was something like $460 000 which is just unsustainable. It is ridiculous – nearly $0.5m dollars for one house. We have to get better economies and better outcomes.
I am sure the minister will update us in his response, as well as where the debate goes regarding Aboriginal people being able to own homes on Aboriginal land. It is going to be an interesting debate when it comes on. I am aware in Groote Eylandt, for example, that there are quite a number of indigenous people who work in the mine who would be very keen in that type of investment. Aspirationally, it is something that government, through the land councils and with the Commonwealth government, should look towards. Although there are certainly many issues in regard to how that might be achieved, everybody is at least talking about the crisis in indigenous housing.
I agree with the member for Nelson. There is not going to be $1bn coming from the Commonwealth over the next couple of years to fix this problem. We have to look outside the square. Getting better value for money and getting the private sector investment into these remote communities is something that we have to look at in a very serious and strategic way. We are starting to do that.
Mr Deputy Speaker, I commend the minister on his statement and pledge my support as Regional Development and indigenous economic development minister to working with him in the journey ahead.
Mrs BRAHAM (Braitling): Mr Deputy Speaker, I thank the minister for presenting the statement. You were very honest and open with your comments in it. We all recognise the great need for housing for Aboriginal people, whether they are on the fringes of our towns or in communities. We all understand that lack of housing causes all sorts of social, health and hygiene, and family problems. We do not need to keep on reiterating the problems that lack of housing causes because it has been documented many times and we all know it so well.
I can remember, like you, going cap-in-hand as the Minister for Housing, trying to get more funds out of the Commonwealth, and the struggle to justify and put forward your case. It seems to be a never-ending plea for help. I do not think the Commonwealth has recognised the enormity of the task that they are asking places like the Northern Territory to take on.
You mentioned the IHIA agreement in your paper. It is good to see that there has been a better agreement. There has been too much duplication in the past. We have heard a number of speakers talk about the high cost of houses that have been built. The one that sticks out in my mind is the houses that are built for the NAHS program as compared to the IHANT program. We have to also take to task some of the architects who are putting forward these homes to the Aboriginal communities, which are often unrealistic. We went through a period where we said: ‘You tell us what you want for the design; and let us design something that would make it acceptable for you to live in’. We have always said you should have access to the toilets and the bathroom from the outside. You should not have people walking through your kitchen or your living area to do that. You should have outside cooking facilities so people do not have to tramp in.
I saw a house where there were two families accommodated with a communal living area in the centre, and it was cutting down on costs in that way. There are good designs around. People in the Centre say: ‘Do not just make us a matchbox. If you are going to build us a matchbox, make sure it has verandas all the way around, because shade and breeze is something we need’. That is what we have to do, minister. When we are addressing the high cost of houses, we have to make sure the advice and the people who are designing and building these houses are realistic and sensitive to the needs of Aboriginal people.
I sometimes wonder about the cost. The project managers have made a heap of money in the Territory over the past few years from some of these programs. You really have to question what have they achieved and whether they really helped the situation at all.
Rather than just pouring money back into more homes, we probably need to address some other issues as well. We need to look at housing maintenance and how we can increase the life of the house. We need to have this life skills program we keep talking about so that people can know how to take care of their house; if something breaks down you just do not leave it for a long time, you address it and get it fixed straightaway. I know in Ali Curung they have very simple methods. I have seen their little booklets they have prepared for people in houses on how to clean the toilet and look after your stove. It is simple stuff but it works. It works in that community because they do not just give it to them and say, ‘Here it is’, they work through it with them. We need to, somehow or other, get that education of maintaining the life of the house so that people understand when you go into houses there are certain responsibilities and you will make it a better house to live in if you do certain things. That is not putting Aboriginal people down. It is just commonsense. We see it every day within our suburbs and our town camps.
I hope it is gone now, but there was a fair bit of rorting of the system with housing in the past; a fair bit of nepotism, I suppose. One of the classic examples is the Golden Mile, out from Alice Springs, where houses were built for people who, in fact, worked and lived in town. Suddenly, they had this wonderful property built for them when, in my mind, that was not useful; they were not the people who needed the houses most. That is what you need to identify. If you work for a salary in town and are already living in housing in town, you should not be given another house on a property just 20 km out of town for your private use when there are people screaming for accommodation in more desperate circumstances elsewhere. I hope that is gone. I really do, minister, because I feel as though that was pretty bad.
There is a pipe that takes water from Alice Springs out to these homes; 20 km away. Yet, people who live in the rural suburb of Ilparpa cannot access the town water through that pipe. That is just a terrible waste of money; it is something that should have been thought through because that pipe was installed by ATSIC but was then given to Power and Water. Commonsense would have said if you are going to put a pipeline like that in, then everyone should have been able to access it.
The member for Nelson asked what happens when someone dies or vacates the house. I do not know. I am sure there is an answer. If you work with traditional people and communities so that houses do not stand for long periods of time but, somehow or other, are cleansed in whatever ceremony needs to be done, vacated for a certain period of time, or given to a different family, there probably are solutions. I guess that is something that needs to be talked through. However, it is something that seems to be a waste of resource while we are trying to work out what to do.
We talked about home ownership for Aboriginal people. The member for Nelson mentioned the press release by Senator Amanda Vanstone. I have a little difficulty in thinking that this is practical. The government recognises people wanting to own their own home on indigenous land will require support. Low incomes, high construction costs and lack of commercial finance and banking services are barriers to home ownership. How can someone on welfare benefits afford repayments of large loans? If I was someone living on an Aboriginal community on welfare benefits and people were building me houses, why would I want to change the situation? What incentive is there?
The federal government talked about additional money for programs for people who have been good renters. We know there are people on communities who pay the rent and their homes are maintained, who should have the opportunity to buy. The government talked about the program run by the IBA, under which people can borrow money at low rates. It also talks about the use of CDEP programs to start building houses. However, at the end of the day, will there be lending institutions willing to lend money or will the government have to pick up the tab? Somewhere in my papers, I saw that the federal government would, in fact, establish a bank of money to lend people who are willing to borrow. I cannot see that a bank will lend money to an Aboriginal person if, at the end of the day and they default on the loan, the bank cannot recover anything.
The Aboriginal Land Rights (Northern Territory) Act has, in fact, really tied up the land almost too tightly. We realise that it has, in a way, stymied economic development. Aboriginal people can go in and out of their communities, but a business person can easily have their permit revoked for all sorts of reasons. Therefore, they may not be able to go back in and recover their capital investment. You need to address the problems of the control of Aboriginal land by land councils, and whether they have stymied this development at all. Would a private person risk their money to set up a business that they will be denied access to? That probably equates to lending someone money for a home and not having security of tenure. If the Aboriginal Land Rights (Northern Territory) Act actually meant to make land secure for Aboriginal people, it certainly has done that. However, it has been a bit of an overkill. I do not know whether even the young Aboriginal people respect the land as much as the people who started this movement over 30 years ago. I do not believe they have the respect and association with the land as strongly as their parents and grandparents.
Perhaps it is time we really re-thought how that land act is operating, and whether it could be changed in such a way that it frees up the land so that people can use it to their advantage rather than tying it up. It is just a piece of land. It is interesting - is it not? - when we gave Aboriginals land we thought we were doing a great thing for them. However, we have not stopped the grog runners, the illegal trade of petrol and marijuana, and all that goes on in Aboriginal communities. By doing that, we probably introduced some of the downsides of social life in our community. I am not even sure - and I have thought about it - how on earth you change an act. I know the federal government is talking about allowing this to happen. How can traditional people feel they have not lost control of their land, but allow people to build privately on their land, and say: ‘This is mine, this is not yours’? If the Aboriginal person does own that house, the cultural obligations may be so strong that they might give up in despair.
Minister, if you know the answer to home ownership, we are happy to hear it. I reckon it would be a while before we get anywhere and the take-up will be slow anyway. I do not believe there are a lot of Aboriginal people on communities saying: ‘I want to build my own home’. We need a few to do it first before the take-up occurs.
I am not going to go down the path of public housing in our towns, because I have done that enough times. However, Eric Sultan and his little group in the Aboriginal Housing Information Referral Service - where are they going? Can you tell me if you are going to continue to support them, because the demand on their services has grown as more and more as people take up public housing? They have been asked to do more and more. It is a question that was raised with me the other day. I really need to ask you privately. Perhaps you could give us some sort of answer to give them some feedback, because their task is greater than it was a while ago.
I also need to say something about renal villages. I was pleased to see that the Topsy Smith Hostel has put an application in to expand. Yes, I did notice - I know what you are pointing at now - the comments by the member for Greatorex; that he was objecting to it on the grounds of traffic. It has never been my understanding that Aboriginal hostels have not run their hostels well. I have some in my electorate. I have never had any complaint with them. It is my understanding that many Aboriginal people use taxis or minibuses to visit people in hostels. They even live in the caravan park next door. I honestly do not see it is a problem. It is probably a bit of a furphy that has been perpetuated by, in fact, the member for Greatorex as he probably just does not want that in his electorate. However, it is something that is essential. I have said in this House many times the concerns I have for renal patients who are living in town camps or in other public houses, who get humbugged by visitors, and then almost give up their tenancies, or just go home or end up in a terrible health situation.
Topsy Smith Hostel will not accommodate all our renal patients in Alice Springs, because we all know that it is a growing epidemic. Minister, you and I have talked about other options for renal patients in Alice Springs. I believe it must be a well-managed environment for renal patients to survive. Putting them into a unit in a housing complex often is just a disaster; it is asking them to fail their tenancy. If this government can put money into building a renal hostel, village or complex – whatever - in Alice Springs, you will get my vote even though you are not my electorate.
I realise the CHIP program - all these programs have changed. I had Ingkerreke Outstation Resource Services come to me the other day and say: ‘We do not know what is happening to us’. I have been trying to pursue that over the last couple of days because they have something like 40 small outstations they service, with about 690 people. As they say, if they cannot maintain services to these people, these might be the ones that go into Alice Springs and cause that urban drift. They will not stay out there if they cannot get services such as power and water, etcetera. They also have 90 CDEP employees on their program. That is a lot if they suddenly find that they cannot employ them anymore. I know it is not part of your statement, minister, but if you can give me any indication of where that CHIP funding for the outstation service resources has gone, I would appreciate that as well.
I would like to see Aboriginal people succeed in their tenancies, whether it is on Aboriginal communities or in town. No one wants to see them fail. Yes, I do push hard for evictions when I get complaint after complaint; when it is not working out for someone. However, whatever we do - whether it is putting an Aboriginal family in a community, in a town camp or in a suburb - we need to make sure they have the skills to succeed. Too often, we just throw them in the deep end and then wonder why nothing works for them and all hell breaks loose.
Minister, if you can get the funding out of the Commonwealth, and increase housing for Aboriginal people, we will all commend you and say: ‘Good luck in what you are doing’.
Ms McCARTHY (Arnhem): Mr Deputy Speaker, I support the Housing Minister’s statement on indigenous housing. It is a great honour to hear the words so courageously said in this parliament about the state of indigenous housing in the Northern Territory: courageous, honest, with a desire to succeed and to rise above problems that face Aboriginal people in the Northern Territory and, indeed, right across Australia.
The minister began with looking at the importance of this year regarding historic dates. This year, we remember the Wave Hill walk-off. We also remember the 1976 Aboriginal Land Rights (Northern Territory) Act. What the minister said in his statement; that land rights and the things that go with it such as self-determination, were never backed by a proper commitment to build the capacity of people to take over - in other words, to build the human capital of Aboriginal Territorians. The second thing was that the promise of land rights has never been matched by any coherent attempt to build financial capital on the traditional lands of indigenous Territorian, from either public or private sources.
The minister concluded that ‘the heroism, vision and determination of those leaders of 40 years ago has been allowed to trickle away’. I stand here today to say that I, for one, will not let their memories trickle away. We have a minister of the Northern Territory government who said in this parliament that we are facing an absolute crisis. This statement was from a minister of the Crown, where he went on to say that we need 4000 new houses to meet the needs of Aboriginal people in the Northern Territory. Even if we were able to meet the needs, only 120 new houses could be built from 2006 and 2007 with the current existing funding. At that rate, it would take 33 years to fulfill current housing needs - 33 years! That is not thinking about the other factors. It is based on the assumption that all the houses in these 33 years will not need to be renovated or rebuilt. It is not even taking into account the population increase.
Let me tell you about the population increase. We all in this parliament have all heard what the Australian Bureau of Statistics has said about the population growth in the Northern Territory. The highest growth rate is amongst Aboriginal people in our remote communities across the Northern Territory. If we cannot face the crisis today and work in unison, as a parliament of the Northern Territory, then the crisis is only going to deepen.
We talk about antisocial behaviour, health, and unemployment. All of these things come back to the one thing which is a sense of self - a person knowing where they belong. I ask my fellow members to think for a minute what it has been like, the times when you have been in between houses, trying to find a home. Perhaps some of you have only been homeless, if you like, for a couple of weeks while you have tried to move from one house to another, or rent a house in this area or a flat in that place. Or maybe you were looking for a place for your grown-up children to make sure they are okay now; and can get off to a good start. That sense of self is knowing that you have a place to go home to, where you can sit down and relax, shut the door on what has been either a good day, a not-so-good day, or an end-of-the-world type of a day, and feel at home. What is the saying? A man’s home - a woman’s home - is their castle? Let us not belittle that statement.
I was asked by a federal politician: ‘Where was the best place, if there was so much money that could be given in Aboriginal communities? In what area would you look at putting that money?’ I did not hesitate; I said housing. For every Aboriginal person who is employed on our communities, they carry at least 20 to 22 people on their one salary alone. In those houses, they share with at least up to 10 people, if not 15, which ranges from babies to old people –grandmothers and grandfathers. In Wadeye - and the member for Daly can tell you - the Thamarrurr report identified the housing needs of the people there. That report reflects the same issues, the same crises, affecting our communities rights across the Northern Territory.
When we talk about a crisis in Aboriginal housing, let us also not forget the Aboriginal health workers, the Aboriginal police aides, the Aboriginal teacher’s aides, who ask consistently for a house. They ask for a house so that they can go to work to conduct the very jobs that a non-Aboriginal person in their community can do quite well because they have their own home. Our Aboriginal health workers, police officers and teachers who live in the communities, who grew up in the communities, who try to get ahead in their own community, cannot even have their own home.
Here we have the minister of the Crown saying we have a crisis. We do have a crisis - that will go on and on if we do not support our Housing Minister. By support I mean not just in words, I mean coming together – all parties in the Northern Territory and federally.
The minister talked about the 35 years of underdevelopment in our communities. As I go around the communities of Arnhem, I know how desperate the housing shortage situation is. In Ngukurr, there are just no houses whatsoever for anyone to stay in, and they are screaming for homes there. In Bulman, the houses are so old water just leaks through. In fact, the walls do not even reach up right to the roof. They have stone floors and it is Wet Season time; the rivers are flooded. Is it no wonder that people are sick?
Is it any wonder that people do not care about going to any kind of work when all they have on offer is CDEP? As we have heard in this parliament many times - in fact, the member for Macdonnell said it - why would people get up to go to CDEP? Kids are encouraged to finish high school so they can go on CDEP. We need to have a really good look at all the policies surrounding Aboriginal people in this country and, in particular, in the Northern Territory.
People are feeling very disempowered, neglected, and definitely homeless. What are the consequences of homelessness and overcrowding? We have heard the minister speak about that as well. He said there can be nothing normal about this state of affairs. In particular, the children are the most vulnerable and least responsible for the appalling conditions they face.
Some comments were made here this afternoon about the Aboriginal Land Rights (Northern Territory) Act. I heard that the land was given back to Aboriginal people but it does not seem to have done much good and, perhaps, it stymied development. I would like to put something else on the table here because I do not believe that. The land was not given back; the land was fought for under the Aboriginal Land Rights (Northern Territory) Act. You ask any traditional owner in the Northern Territory about their struggle. They will not say to you: ‘Oh, yes, someone came along and just gave me this land’. The land was fought for, long and hard, under the Aboriginal Land Rights (Northern Territory) Act. When people say land is ‘given’ back, I ask you to think of something. Things are not ‘given’ to Aboriginal people without the other hand of the giver taking something else back. Think about that. The history of this country shows that relationship; there is no question about that. Argue about the history if you like, but talk to any Aboriginal person and they can tell you about their own history - from here, from the heart. They know it and they live it every day of their life.
When we have a minister in our parliament stand up and say we have a crisis, that should ring alarm bells - alarm bells ringing so loudly your head should be hurting; alarm bells that should be ringing so loudly that even all those politicians in Canberra should be hearing it - need to be hearing it.
Just in the last couple of weeks, we saw the magnificent effort of the City of Melbourne and the Commonwealth Games. What brilliant games they were. Our own Danni Miatke and Crystal Attenborough are Territorians whom we can feel absolutely proud of for their efforts in those games. In amidst the discussions - and I am not sure many of you may have seen the opening and the closing ceremonies - there is always commentary. You hear the commentary on the TV or the radio. Listening to the commentators as they are speaking, you see these competitors from a lot of the poorer nations. One of the discussions that took place at around the time of the Commonwealth Games closing involved Reverend Tim Costello talking about the common wealth - this wealth of our nation. I was listening and I thought, yes, yes, that is right. This wealthy nation, that is us, that is Australia; it is where we all call home. The Reverend said: ‘I was watching the games and thinking about these nations that come from South Africa and other places in the Commonwealth that are not so wealthy’. Then he asked listeners to remember the people of Africa. He said, ‘Remember the people of Africa because they are suffering and in deep poverty’. And they are. There is no doubt about that.
However, I would say to Reverend Tim Costello: ‘What about the poverty right here in our own country?’ I would like to say to the Reverend: ‘Speak to your brother who holds the purse strings, to find what can be done to deal with the poverty in this country - poverty that begins first with our houses, with the homelessness of Aboriginal people in the Northern Territory. There is $14bn in surplus in the federal government. Hey, how about sharing a bit of that this way? In fact, share a whole lot of that this way. It would do a tremendous amount of good for the people of the Northern Territory and, no doubt, it would lift the esteem of the Howard government under the eyes of all indigenous people across the country’. They would still have a long way to go though, I am sure, because the poverty we are seeing and the homelessness, comes back to a sense of self and worth in society. The poverty is not just material. Yes, we need more houses and infrastructure, we need better roads to get those houses out there.
When we look at disasters that occur around this nation and overseas, and how quick people are to move to support and help, it is fantastic. That feeling of wanting to help someone in need; it really makes you feel good. So it should, because you want to help someone in need. When these disasters occur, it is so good at how people can come together. It does not matter what colour you are - short or tall, or where you come from. Everyone pulls together to get through this really rough time.
Let me put another thought to you now. That very crisis is occurring here every single day. Where is the hope for all these people out in the remote areas of the Northern Territory? They not only have material poverty, they have political poverty; the ability to speak has been taken away from them. Therefore, they speak to me, the members for Macdonnell and Barkly and all members who go out there. They say: ‘Hey, we need help. What is happening? What is going on? Why are we not being supported through these federal programs that are meant to be out there, working in our community in replacement of what ATSIC used to do?’ There is absolute confusion. Perhaps the greatest poverty after material and political is spiritual poverty - that deep sense of hopelessness, of not knowing what to do.
These houses are in such a state, that if you have 10 to 15 people living in those houses, what happens when you have natural disasters like flooding? Just in the past seven days, we have seen what has happened in Beswick. I certainly know about the Waterhouse River inundating houses there - no children to school, no teachers at school. Teachers have moved into Katherine. Children and their families have moved to higher ground - not in their houses, no, not in their houses. They take the 15 to 20 people who might be in their house, and they go and move in with another 15 to 20 people in their house because the river is rising. They are in desperate need. The crisis they face on a daily level with no houses is compounded when we have natural disasters, events like the Wet Season flooding which we consider normal.
We need to think beyond that. It is not normal for people to be living like this. We have to be creative in the way we attack things. We have to be supportive when the Housing Minister has said what he has. I suggest, concerning the Marshall plan that you have, minister, in trying to pull people together, you definitely have a two-pronged strategy while you are searching for the funding and establishing the Marshall plan and, at the same time, identify the people in need. Identify them in categories as has been raised by the members for Nelson and Braitling. How do you identify the needs? Perhaps that is something that can start happening now. Whether you do it from one to 10, A to D, numbering them in colours as to who is more in need than the next person. At the same time, pull together this Marshall plan.
I feel that this year - 40 years after the Wave Hill walk-off and 30 years since the Aboriginal Land Rights (Northern Territory) Act was implemented - I would like to see that we can walk away knowing that we have contributed to at least a future filled with hope. We can turn this around. We can do it with the goodwill of all people, both in the Northern Territory parliament and in the federal parliament. I am absolutely confident we can do it. Under this Housing Minister, we can most certainly do it. He has an absolute passion for the people of the Northern Territory and, in particular, those people in remote areas and in the Barkly.
I urge the Housing Minister to go to Canberra and formulate this desperately needed Marshall plan for the most impoverished people in this country. If you do not get the support you need for Aboriginal people, for this enormous crisis here which impacts deeply on their health, education and employment, then I say go further. Go further than the federal government if you need to, minister. Go to the United Nations if you have to. Go because you have the absolute support of this parliament that there is a crisis going on in the Northern Territory. I urge you to have the voices of the Aboriginal people of this Northern Territory heard through you.
Ms ANDERSON (Macdonnell): Madam Speaker, I support the statement on indigenous housing brought to this House by the Minister for Housing, and Local Government.
Shelter is one of the most fundamental human needs, and the importance of secure affordable housing cannot be underestimated. Indigenous households are prevented from accessing adequate housing for various reasons including lower labour force participation, low income levels, discrimination, and limited availability and adequacy of housing. Readdressing this situation is a major priority because, as the minister said, good health and diet and the ability to obtain a good education, undertake training, etcetera, all stem from having a safe and secure house.
In Central Australia, the housing need is acute. Twenty percent of families live in half rain water tanks, car bodies and other shelters; 46% of families live in overcrowded houses; 60% of housing stock do not have the facilities necessary for a healthy life. To a considerable degree, this housing crisis has arisen because of a history of policy failure in this area, mainly because of the lack of understanding and will to address this situation.
Contact with Europeans and the establishment of permanent settlements forced the demise of the traditional housing system. In its place, a number of housing systems were developed based on largely non-Aboriginal values and theories of what was good for Aboriginal people. The nett result was a great deal of wasted resources - something that we still see today. In the assimilationist period, housing policy for remote areas was based on the transitional approach where Aboriginal families were to be westernised in stages. Little more than tin huts, these transitional houses were unliveable. A study in 1965 revealed that the inside of transitional houses in Amoonguna was 10 F hotter than outside. In the 1970s, the trend moved the other way, with a number of architects designing experimental houses intended to complement Aboriginal lifestyles, with generally poor results. The Central Australian landscape is littered with the remnants of these designs, like the 50 shelters on the Docker River outstations. These are tin sheds in the shape of a 50 piece that was considered by somebody to be in tune with Aboriginal culture.
Throughout this time, the policy requirement was for Aboriginal people to be consulted in the design of the house. However, in reality, the consultation process was ineffective due to language barriers and the lack of knowledge about housing. The end result was either dog boxes without crucial amenities, or elaborate houses with intricate design details that cost a fortune, like the cyclone-proof NAHS houses that were built for Yuendumu in the middle of the desert. Many of these houses were poorly constructed.
HealthHabitat had found that construction faults are the cause of over a third of indigenous housing failures. Work required due to vandalism, damage, over-use or misuse, accounted for less than 3%. This is particularly important as it confirms similar figures over the last 17 years, and provides hard evidence to contradict the popular opinion the main problem in Aboriginal housing are those using the houses. This data was further verified when IHANT commenced independent construction audits for all new housing. The results were shocking. In nearly all instances, builders had to be recalled to rectify significant construction faults.
The bilateral agreement that was signed between the Northern Territory government and ATSIC on behalf of the Commonwealth government in 1995 was a significant reform that enabled Aboriginal representatives to have real input into the Northern Territory indigenous housing policy for the first time. IHANT did achieve some real reforms in the delivery of indigenous housing, and these reforms can be progressed and further rationalised now that the minister has reconstituted the IHANT Board. I commend the minister for re-establishing IHANT and for the composition of the new board.
One of the major reforms IHANT achieved was the introduction of repairs and maintenance grants to augment rent collected. Without those grants, long periods of inadequate or irregular maintenance just increased the housing maintenance cost. With the R&M grant combined with rent, the communities can avoid major housing failures and extend the life of the house. One of the major achievements was to tie the allocation of R&M money to rents collected. This was an initiative of Aboriginal board members, and reinforces what I was saying about the importance or traditional Aboriginal people being involved in the development of policy. The nett result was a large increase in rents collected.
The challenge for the new IHANT is to further refine policies and to enhance the management capacity of indigenous community housing organisations. Consideration also needs to be given to augmenting the R&M grants to cover the costs arising from the legacy of previous housing policies. Long periods of inadequate or irregular maintenance programs and poor quality of construction have increased the cost and levels of maintenance required in most remote communities. One of the largest imposts arises from the variety of different fixtures and fittings that have been built into houses over the years. For example, a community of 40 houses can end up with 40 different types of taps, 10 different toilet systems and 80 different window sizes. When you consider the expense of tradespeople not being able to fix the problem on their first visit because they do not have the right parts, you begin to understand some of the excessive costs imposed on remote communities.
We heard today in this House from both sides, members talking about the cost of houses in Aboriginal communities. There has been research done on this with the IHANT Board and through HealthHabitat that, quite clearly, shows us that because of the 80 different designs and 80 different parts that were required to fix all these houses, that is where the cost is. However, policy decisions do not incorporate recognition of the effects of the past and the current under-resourcing.
An interesting comparison is the public funds allocated to housing maintenance. This just clarifies what the member for Arnhem just said earlier. In four communities in the Pintubi/Luritja area in 1999-2000, the public monies allocated to the maintenance of public service employee housing - approximately 150 predominantly non-indigenous people - was double that of the public funds allocated to the maintenance of housing for 1300-odd indigenous residents.
IHANT also enabled the development of what the minister referred to as the Central Remote Model. The Central Remote Model was developed by the Central Remote Regional Council because we were concerned about the issues I have been discussing today. The Central Remote Model reformed design and construction of housing in Central Australia, as well as achieving real employment and training outcomes.
In regard to housing design issues, the Central Remote Regional Council established and implemented a small portfolio of high-qualify standard designs aimed at reducing ongoing repairs and maintenance costs. These designs were selected after extensive consultation with all communities and outstations in Central Australia with assistance of Paul Pholeros from HealthHabitat, and IHANT officials. The evaluation done by SGS Economics on the Central Remote Model found that the quality of housing is considered far superior than that provided under the former model, to the point where the economic life expected from the housing is twice as long, and the maintenance costs are projected to be lower in the longer term.
The implementation of the standard design also gave us the opportunity to analyse the cost elements of housing. As a result of this analysis, a new design was developed by Tangentyere Construction, and is currently being trialled at Laramba community. This house is testing alternatives that have been used to replace the most costly element of housing construction. To address your concerns, member for Braitling where, if someone passes away, or if people just move away and leave the house, this house can actually be bolted off and taken somewhere else and just repainted. It is a design that the Aboriginal people really like. The member for Drysdale has seen parts of what Tangentyere is doing with this design in Alice Springs after our committee visited on Friday.
To overcome the difficulties with shoddy construction, we regionalise the construction program, with one project manager being responsible for managing the construction of all new housing construction across Central Australia for a three-year period. When this model was evaluated by SGS Economics, they found savings in administration and consultation costs. With the Central Remote Model, costing equals an average of $15 875 per dwelling compared with a cost of $25 000 to $45 000 per dwelling under the old system. The regionalisation of construction has now been adopted Territory-wide.
The third element of the Central Remote Model is the employment and training program, whereby housing contracts are utilised to provide meaningful training and employment for indigenous people on remote communities. It is one of the most ambitious and forward thinking of our aims, and extends housing delivery beyond the mere supply of housing to the more holistic community capacity building arena.
Coordinated by Tangentyere, five building trainees work with five regional building teams, each comprised of four people. Each team construct two houses per year as part of their training. All trainees undertake Certificate II and III in General Construction, and the trainees are paid full training award wages in accordance with the qualification levels that they achieve. Centralian College provides off-the-job training as they do for mainstream apprentices. This approach has paid dividends because I know of two apprentices who left their communities after completing Certificate II and walked straight into jobs in the construction industry in Darwin and Mt Isa.
For communities, this program has been met with high levels of enthusiasm and has been a key component of instilling a sense of community pride in the housing provided. Furthermore, whereas mainstream builders were failing the construction audits, the trainee constructed houses are of high-quality construction.
Everyone in this House will agree that these are real outcomes, and they were achieved because policies were developed to address the real situation, and not the myths of indigenous housing.
I am very pleased to hear the minister announce progressive expansion of the Central Remote Model across the Northern Territory. I believe it is the model to be built on, because it does extend housing delivery beyond mere supply and is a more holistic community capacity building program. Indeed, I believe that the model has application to a wide variety of services that are currently provided ineffectively and passively to Aboriginal people. Nevertheless, I support the minister when he says that we can continue at current levels of funding to do our best, but we will, ultimately, fail because of the legacy of 35 years of under-expenditure, and the inexorable pressure of future needs.
To that I would add the historical policy failure that I outlined earlier. I join the Minister for Housing in encouraging every member of this House to lobby the Commonwealth to have indigenous housing included as a national priority. With the Commonwealth surplus of $14bn and growing now is the right time for them to help. If now is not the time to address indigenous disadvantage, it never will be. This is crucial for the Northern Territory’s future, and every member needs to give the Housing Minister our 100% support to go to the Commonwealth and get their support to have a look at indigenous housing and other services that we have in Australia. Let us all chip in and address the problem.
Mr McADAM (Housing): Madam Speaker, I thank each and everyone for their very honest, open assessment. They are very committed, passionate and constructive responses to the statement which I presented in February this year. Obviously, I am not in a position tonight to be able to answer all your questions. However, I will give you the assurance that officers from the department - and my own advisors are here; they would have taken down a lot of the notes - will be able to have a look at the transcript of what was said here tonight. I give you the assurance that we will get back to each and every one of you in regard to the issues raised tonight.
I would like to respond to some of the comments made by the member for Greatorex, the shadow minister for Housing. I know that the member for Greatorex is a sincere and well-meaning person. He said, in the first few sentences, ‘What do we do about it?’ - and he talked about ‘together’. That is a basis upon which we can respond in part, and turn some of the issues that are facing indigenous housing across the Northern Territory.
To go to some of the points raised by the member for Greatorex, where he asserted that there was a deterioration in the condition of indigenous houses out in the bush. It is a fair statement to make. However, I believe it is wrong to assert that it is all houses. There are some people out there who show a lot of pride, they care about their houses and they are doing a very good job. It is important to understand that, yes, certainly there are issues of deterioration of the condition of houses but, at the same time, there are equally a large number of indigenous people who absolutely take pride in their house and are doing everything they possibly can to maintain their quality of life.
Some of the other speakers have alluded this evening to the degree and level of confusion out there in the communities regarding the changes since ATSIC. I tend to agree with that because, since becoming minister, I have probably visited something in excess of maybe 12 to 15 communities and I know that there are high levels of confusion, and that people are uncertain. In a way, this gives rise to a vacuum in what has happened over the last few years in developing appropriate responses to programs, particularly in regard to housing.
I can recall, going back over the years, that there have been homemaker-type programs - I guess we call them life skill programs now - that have been operating in the communities. I say to the communities that we would be very interested in having a look at models that communities might want to put up in going back to, perhaps, the old homemaker-type model, where the communities are able to purchase a whole host of cleaning materials, vacuum cleaners, brooms and that sort of stuff.
I have just received a message - excuse me, Madam Speaker. What I am really saying here is that we would very much appreciate responses or submissions from the communities who want to look at innovative, interesting ways of being able to initiate housing programs in the bush. I will say this though: we are not going to entertain motor vehicles or high capital, intensive requests. It has to be realistic and it has to fit in with the community’s capabilities. In that way, I am being positive in the sense of being able to say we are prepared to entertain new options, new ways of providing support to indigenous householders and, particularly, indigenous councils.
The other issue which the member for Greatorex talked about was the condition of public housing in towns. Of course, he is referring to Territory housing stock. I believe that we have to look at new ways to address some of these issues such as the antisocial-type behaviours which emanate from some of the public housing stock. There is overcrowding. However, at the same time, there are some very genuine people in there: people who come from the bush for renal treatment; for social activities; for hospital-type services; and to visit friends. It is important to understand that the aspirations of indigenous people who live out bush are no different to those of non-indigenous people. They deserve the same rights.
Having said that, it is an issue that we deal with on a daily basis. I know that Territory Housing and IHANT have been involved with this as well. I was talking to Tangentyere in regards to the implementation of a life skills program which will apply to the urban living areas, otherwise known as the town camps, in Alice Springs. They are developing a program. The other important thing to understand is that, initially, that program was only to apply to the town camps but now it will also be extended into public housing in Alice Springs.
Tangentyere is very credible, strong organisation which has a lot of capability and capacity to provide life skill programs. In relation to that, in Darwin I met with people from NT Shelter and the Yilli Rreung Housing Association some time back. I invited them to submit models of how they might be able to provide life skill-type support programs to people in public housing. We would also apply that program to those people living in urban areas such as Palmerston village and around Darwin. It is fair to say we are making some inroads on that particular issue. It is not going to be easy. However, by at least applying these approaches, there is a great capacity to do some good for these people.
Whilst we are talking about urban housing - and this is a little off the track - the other thing we have to look at is case management. In regard to Tangentyere, we have to be able to look at a cluster-type model similar to what has occurred in Darwin where there may be a cluster of 10 to 15 houses. Indeed, you might have it in Alice Springs or Katherine. It would be very specific. It would be case managing, providing support to those people who live in those houses. I wanted members to know that they are the sort of things that happen in regard to some of the issues raised by the member for Greatorex.
It is important to understand that the IHANT Board is new and is now an advisory board. I met with them in Tennant Creek towards the end of February. I am very much aware and appreciative of their dedication and commitment. I know that they are going to work very hard to deal with the many issues in indigenous housing. I have spoken to Michael Berto. We have a meeting again; I think it is in April this year. That meeting develop another initiative in indigenous housing. I will get to that in a moment; I just want to give some background.
I agree with the members for Braitling and Greatorex: there is no point in going to Canberra and saying to the Commonwealth government, ‘Last term it was $800m, this year it is $1.2bn’. We have to be able to take a step back. We have to look at the direction in which we are going. We have to be open and honest, as were so many of the speakers here tonight, regarding what we have done in the past. We have to be able to remodel how we provide houses out in the communities, apply some of the policies, and look at the employment and training opportunities. That workshop is going to happen around June this year. I cannot give you many details on it at this time. It will involve a range of people who have been involved in the housing and construction industry, along with architects and indigenous people.
The challenge from the member for Greatorex was to think outside the square. That is exactly what we are going to do. We are going to change a lot of things that have occurred in the past. I am not deriding what has occurred in the past because there have been some massive changes in indigenous housing, particularly in the bush communities. It is a credit to staff in my office and to the IHANT Board. Having said that, we have to be honest and open and change so that we are getting value for money.
The member for Braitling earlier raised an issue about the housing costs and I agree with her; that is the way it is structured. You have project management and a project consultant. There are percentage add-ons in each of those areas. Of course, you have ICHO on the ground. We have to ask ourselves if that is effective, because it is important to understand that there has been a culture build-up within the industry that, if you are going to tender for a government contract - be it Territory Housing stand-alone or any other project by government, and even so in regards to indigenous housing - I have a feeling there is a premium price that applies. There is a percentage put on top because it is a government contract. It is not specific to indigenous housing; it is across the board. We have to do something about it because other members have spoken about the high costs of construction in indigenous communities. It not only applies in indigenous communities, it applies in other communities throughout the Territory. It is something we have to tackle, bearing in mind there has been a massive increase in material costs – steel and cement have gone up. However, at the same time, we have to take a step back and see what we can do.
There were some other matters that were raised by the member for Greatorex. I know the member was a minister for housing for a short period, as was the member for Braitling. However, I have to say I was a little disappointed, not so much in regards with the shadow housing spokesperson raising the issue of 5000 to 7000 people coming into Alice Springs - he had every right to raise it in his speech. However, to raise it in the context that he did in Alice Springs, at a time when Alice Springs was suffering a degree of angst and there was some issues going on in Alice Springs which were very personal to a lot of people. Unfortunately, it got out of hand. I say to the member for Greatorex that we have to be a bit more targeted and sensitive. We have to understand the dynamics happening in Alice Springs. It is important to also understand that Alice Springs is a major regional service centre that provides a whole range of services for something like 260 communities, plus a whole host of cattle stations, mining and roadhouses.
Everyone does come into Alice Springs and they come in for footy, for hospital and a whole lot of reasons – and so they should. Let us leave it at that, but it is very important that we do not highlight this debate in a sense of divisiveness or brewing division between black and white people. There are some big challenges and no one group of people is going to achieve these challenges unless everyone works together. That is, basically, what I said on CAAMA radio this morning. As I say, I do thank sincerely the member for Greatorex for his contribution.
The member for Braitling also raised a number of issues in her contribution. I am not in a position to respond to them all, but to those that I can I will. You asked about Mr Eric Sultan’s program, the Alice Springs Aboriginal Housing Association. I met with Eric last year, and it is a wonderful program. I am reviewing all those programs which are under the Indigenous Housing Advisory Service program. It is not a review to put them under the hammer but to, essentially, have a look at what they are doing. If we can do better, then we would expect them to do better. That was conveyed to Eric at that point in time. We have to re-think how we can utilise and maximise the dollar to provide more resources, and consider whether or not there are better linkages in regards to Territory Housing and Tangentyere. They are the things that we have all to sit down with. This is an exercise that will apply to them. That is where we are.
You also mentioned the renal patients at Topsy Smith Hostel. As you know, the Northern Territory Martin Labor government allocated $300 000, I believe, to purchase the property which was next door to the Topsy Smith Hostel. Of course, you would be aware at the moment they are going through the Development Consent Authority process. I do not think it is appropriate for me to comment, but I support your sentiments of providing extra renal accommodation for people who come to Alice Springs.
Equally, I am also pleased to advise that part of the matter that you raised is that Stuart Lodge, finally, has gone out to a selected tender. Initially, there were some problems associated with an overrun of costs - all these costs are rising - but they have been able to pare the project back to its initial budget allocation. They will be providing approximately 33 beds which will, obviously, be for some renal patients but also some for mums, dads and people coming in from out bush to visit hospital. I hope that alleviates some of those issues.
You also asked a question regarding CHIP funding. My understanding is that there are two components to the CHIP funding bucket. Of course, the Northern Territory has received its component of CHIP money from the Commonwealth. That is a total of $17.3m which is with the new IHANT, as a result of the new bilateral agreement. Of course, the other dollars are for municipal-type services which apply to homelands such as Ingkerreke and other similar organisations. That money remains with the Commonwealth, with FaCSIA. I understand that discussions and negotiations are ongoing in trying to incorporate those dollars as part of this new bilateral agreement. There is something like $400m in essential service upgrades. Of course, we just need to be very certain that what we inherit will be suitable in essential service requirements in the smaller homeland-type communities.
The other question which the member for Braitling raised was the capacity or proposal that might allow indigenous people to be able to purchase houses on indigenous land. As you know, that matter is presently under consideration by the Commonwealth government and, of course, this government. That is as a result of the proposed amendments to the Aboriginal Land Rights (Northern Territory) Act. I cannot say precisely what they are going to be, but I know there was some suggestion by, I think Amanda Vanstone was the minister at the time, that there would be some sort of program which allowed IBA to be able to broker loans on indigenous lands. That is a good move; it has some potential.
It is going to be very difficult for a person on CDEP to actually be able to repay that loan. I guess the question to ask is if Indigenous Business Australia is prepared to do it, why not the ANZ Bank? I raise that because I believe it is an interesting development and something which will gain momentum here in the Northern Territory. It will auger well for people being able to have the opportunity to purchase their houses - not in all communities, but in some it will happen. Also, it will be more applicable in commercial or enterprise development. That is certainly is a step in the right direction …
Madam SPEAKER: Minister, your time has expired.
Ms MARTIN: Madam Speaker, I move an extension of time for the minister, pursuant to Standing Order 77.
Motion agreed to.
Mr McADAM: I will be as quick as I possibly can. I have to pay credit to those people who took the time to speak on this very important subject.
The Minister for Regional Development also highlighted the fact he was looking at options in regional economic outcomes. That is something that interests me because, as I mentioned to you earlier, we were looking at having a workshop - not so much a workshop but a forum; it has not been finalised - in June. There is real capacity here in re-badging it under a regional economic model, without taking away the employment and training opportunities for local indigenous people. As the minister said, if you have $254m that has been allocated over three years then, at the very least, we have to take a step back and ask if we can utilise the $250m better? That is the purpose behind this. The member for Macdonnell referred to Central Remote Regional Model, which is building houses and proving reasonably cost effective. Maybe that is one way of looking at it in developing these regional building teams.
The other thing we have to consider is that, if you have $255m, is there any capacity for manufacturing of kit homes, or modular homes in the Northern Territory? I do not believe you should automatically become reliant on the indigenous housing industry. You have to question if there is any capacity to be able to develop this as a manufacturing industry in its own right, and being able to sell those houses, maybe in Western Australia and Queensland. Who knows? I do not know, but at least we have to challenge ourselves and ask if it is possible. It may well be that it could be a joint venture. It could be a partnership with the private sector in the export of these kit homes, or these modular units, into parts of Asia, South-East Asia, India - who knows? All I am saying is that I believe we have to get out of the mould that has been indigenous housing, focus on it, and broaden it out. We have to be able to provide those economic opportunities. As I say, it is not set in concrete, it is just something that we have to think about.
The member for Nelson mentioned a number of issues. I have probably dealt with some of those during the course of deliberations this evening. If I have not, member for Nelson, then we will certainly be responding in writing. The Minister for Health, rightfully so, highlighted the health implications in regard to the housing numbers, the overcrowding, and the resultant diseases, which makes it very hard for our native people in those houses to be able to function effectively in the community. He referred to an environmental health survey which was undertaken in 4000-odd houses. A very high percentage of those are not suitable. They are the sort of things we have to deal with. It is going to take a whole-of-government approach, and I do appreciate the comments from the Minister for Health.
In conclusion, I hope I have not missed anyone. I thank the member for Arnhem for her open and honest assessment. It is important that people like her, in the position that she is in - and also the member for Macdonnell – can provide that open advice to government, so that we as a government, and you as part of that government, can go forward and make significant changes.
The member for Arnhem mentioned the need for housing for indigenous teachers, health workers, and others. As a government, we have to start thinking about that. Whether we factor it into our existing program, or have a look at other options, that is something I am very conscious of and I know that the government is very conscious of. We will work assiduously to provide that support to people who work out in the bush.
Madam Speaker, in conclusion, I thank all the members for their outstanding contributions. As I said, I will respond to you individually for those matters that you have raised, which I have not addressed.
Motion agreed to; statement noted.
Ms MARTIN (Chief Minister): Madam Speaker, I table the remuneration tribunal report on the salary, allowances and other benefits to Magistrates and Determination No.1 of 2006.
Ms MARTIN (Chief Minister): Madam Speaker, I move the report be printed.
Motion agreed to.
Ms MARTIN (Chief Minister): Madam Speaker, under the Remuneration Tribunal Act, the Remuneration Tribunal is required to at least once a year inquire into and determine the salary, allowances and other benefits that persons are entitled to receive in respect of their service as a magistrate appointed under section 4(3) of the Magistrates Act. Any report or determination must be tabled within six sitting days of receipt by the Administrator, and the Assembly has a further 10 sitting days to disallow all or any part of the determination if it so wishes. The tribunal has now handed down its latest report, Determination No 1 of 2006 for magistrates.
In its report, the tribunal deals with a range of issues including salary levels and the possibility of a salary nexus with judges; travelling allowance rates; superannuation; relocation expenses; and extended usage rights in respect of motor vehicles. The accompanying determination sets new salary rates for the various classes of magistrates and also deals with allowances, travel, vehicles, telephones, leave, superannuation and relocation expenses.
It is appropriate that I do not go into any further details at this point, but allow time for members to consider the report.
Madam Speaker, I move that the Assembly take note of the report, and that I have leave to continue my remarks at a later hour.
Leave granted.
Debate adjourned.
Ms MARTIN (Chief Minister): Madam Speaker, I move that the Assembly do now adjourn.
I would like to pay tribute to a true Territory treasure. Last week, Mayse Young, outback publican, businesswoman, Pine Creek legend, and Territory pioneer, passed away in the town she loved. She was 93 years old. Mayse was a remarkable woman who led a remarkable life.
Pine Creek was Mayse’s home for the best part of 79 years. She came to the Territory in 1927 from Queensland when her family, the Dowlings, bought the Pine Creek Hotel. Despite growing up in outback camps and living in tents all her young life, the move must have been a momentous one for the family, especially for a young teenage girl. Nevertheless, Mayse’s first impression of the Pine Creek Hotel were overwhelmingly positive. The place seemed like a palace to her and she was especially delighted to have a real bed rather than her usual camp stretcher.
This is from her autobiography No Place for a Woman on the hotel:
That good humour and comfort would continue to be a hallmark of the Pine Creek Hotel.
Mayse married Joe Young in 1933 and gave birth to eight children between 1934 and 1952. During this time, she continued to run the Pine Creek Hotel and, later, the Katherine Hotel.
No Place for a Woman is a great read and created a good deal of interest when it was released. The tale of a young and very beautiful woman living and working in a remote outback pub in the Territory back in the 1920s intrigued many Australians. Indeed, Tom Cole, who worked in the buffalo camps in the late 1920s said of Mayse:
Mayse was a true Territory pioneer - a woman of the frontier who made this place her home. She survived bouts of malaria and, to quote from her autobiography - she also survived:
Mayse Young was a true Territorian; resilient and strong, and Pine Creek was the only place for this remarkable woman. My condolences and, I am sure, the condolences of this House, go out to her family and many friends and wish them all our very best wishes.
I would like to inform the House about the recent success of our annual product road show; the NT Muster. In February of this year, staff from Tourism NT escorted across Australia 36 tourism operator delegates representing 43 different products and services. They attended trade shows and travel expos in Brisbane, Sydney, Melbourne, Adelaide and Perth.
NT Muster is a priceless opportunity for our tourism operators to talk to retail, wholesale and inbound travel agents. Our objective is to educate the national travel industry about what we have on offer here in the Territory, and ensure they have the skills and knowledge to convert interest in our destination into actual sales and visitors. It also gives an exposure to key visitor markets and allows them to meet and brief the travel media. More importantly, our operators have a valuable opportunity to gain market intelligence directly from those people who are actively selling Territory holidays to their clients.
This year, key decision-makers from Channel 9’s Getaway program and Channel 7’s The Great Outdoors also visited the trade show in Sydney to research story ideas for the coming year. I am told they were particularly taken with the Katherine region and left the trade show with a large number of story ideas. Indeed, they believe sufficient interest was generated which will culminate in a substantial number of people making a trip to the area for filming of several story segments. Importantly, other areas have also been targeted for filming including Kakadu, Uluru and Borroloola.
The success of NT Muster 2006 can be gauged by the number of quality trade professionals who visited our tourism operations during the evening trade event. Nearly 700 travel professionals have received valuable product and destination training, representing a 20% increase on last year’s numbers. Tourism operators who attended NT Muster 2006 were universal in their praise for the show. Indeed, Tourism Top End President, Sylvia Wolf, said this year’s Muster was the best she had attended.
This year more than any other, inquiries appear to be more detailed. I believe this shows a genuine desire by agents to be better equipped to sell the Territory to their clients. Encouragingly, feedback from our retail and wholesale trade partners was that they needed good information due to the rising number of consumers wanting travel information for the Territory. This is important, as it demonstrates our success in marketing the Territory to the rest of Australia. There has been an increase in the desire and intention to visit the Territory. An event such as NT Muster will ensure our travel trade partners have the knowledge and enthusiasm to convert this desire into actual sales. The increase in the numbers of quality trade professionals attending the Muster is indicative of their enthusiasm, understanding and support of our brand development.
In addition to these trade events, three consumer travel expos were held with the specific objective of generating immediate bookings through Territory Discoveries and selective key retail partners. Over 700 consumers visited the two dedicated Northern Territory travel expos held in Brisbane and Sydney. In Melbourne, more than 1000 consumers visited the Northern Territory stand at the Melbourne Holiday and Travel Show. To give you an idea of how successful these expos were, as of last week, around $80 000 worth of bookings and quotes through Territory Discoveries could be directly attributed to these shows.
Surveys have been sent to every agent who attended the NT Muster, as well as to all delegates who took part in the show. Preliminary findings have indicated that the NT Muster is seen as one of the key destination events among our national trade partners and is setting the benchmark for creativity, professionalism and planning.
In the end, the success of the NT Muster comes down to the commitment of our tourism operators and their ability to work together to sell the Territory to the rest of Australia. I would also like to thank David Cox, who is the Manager of Trade and Consumer Services, and his team at Tourism NT for all their hard work in continuing to improve this event each year. I take this opportunity to thank each of the operators involved in the Muster for their hard work. It is in alphabetical order, if the House would bear with me - or if you would rather that I tabled the list.
A member: Table it.
Ms MARTIN: Okay, thank you, I will table that list of our hardworking Territory tourism operators, who range from right around the Northern Territory.
I am also pleased to report that elections for the school leaders - this is electorate-based information - at Stuart Park Primary School and Parap Primary School have been completed and the positions have been filled. At Stuart Park, they recently studied democracy as part of a unit of work, and their school election was a great example of democracy in action. Candidates nominated for election, wrote and delivered speeches, campaigned for votes and waited anxiously for the outcome. I would like to recognise the successful candidates as well as all students who participated in the process.
Stuart Park Primary’s new School Captains are Sally Harding, Bernadette O’Sullivan, Paul Raqiyawa and Bradley Button. House leaders were also elected: for Beagle, Aaron Smith and Annie Piper; Alligator, Asha Nur and Jack McMillan; Moonta, Krista Bridgman and Jordan Williams; and for Sirius, Claire Darben and Ray Riseley. I was lucky enough to attend to award these students with their badges at Stuart Park Primary School’s assembly, which is always a good assembly. I am just amazed when I go to the assembly at how still the students sit. The few hundred who were there - there are about 450 at Stuart Park Primary - sit so quietly and comfortably and enjoy the assemblies. Once the school captains and house leaders are elected, they then take over the running of the assemblies for the year and I am certain they will do a good job.
The day I attended assembly at Stuart Park was Harmony Day. The school received a grant from the Office of Multicultural Affairs to fund their Harmony Day activities, and these included a poetry competition for upper primary students on the theme of Harmony Day, and early childhood students spent the afternoon making friendship banners and chains, tissue paper flowers for friends, Harmony Day cards, dot paintings, as well as painting a mural.
The following students won prizes for their poems: Matthew Button, Madison Williams, Maggie Coggan-Gartlan, Luke Schreurs, Christian Simpson, Zahra Crough-Heaton, Morgan Herlihy, Jessica Bowling, Aaron Smith, Luke Dorwood, Annie Piper, Aleesha Lo, Claire Darben and Aaran Barker. Annie Piper and Claire Darben read their winning poems to the assembly. I was very impressed by their poems, as were the other students - and with their reading of them.
Parap Primary School also recently held elections to choose their student leaders. The students elected their school, house and class student representative council leaders. Under Gayle Cann’s leadership, and with the support of school staff and families, the students worked through the complete electoral processes from nominations to poll declaration. The level of understanding and maturity displayed by the students was described as being remarkable.
I offer my congratulations to all candidates and the students who were elected to office. The school captains are Hannah Cox and Ryan Davis; vice captains, Shari Fuller and Matthew Zarimis. The executive officers are Allicia Cann and Sasha Hanton. House captains for Hudson are captains Sean Hutton and Yuliana Pascoe, vice captains, Dylan Jessop and Jessica Blakey. House captains for Smith are Matthew Zarimis and Allicia Cann, vice captains, Sam West and Antonia Dinoris. House captains for Shears are Hannah Cox and Marcus Gray, vice captains, Connie Marcroft and Kelly Bertei. For Bennet House, the captains were Ryan Davis and Jamilah Allen, vice captains, Kevin Williams-Besy and Tasia Twigg. Congratulations to all of the newly elected school leaders and the best of luck for the year ahead.
Ms CARNEY (Opposition Leader): Mr Acting Deputy Speaker, tonight I will do something I should have done during the last parliamentary sittings; however, for a number of reasons it was not possible. Members will recall during the last parliamentary sittings that there was the launch in one of the lounges on the fourth floor of the book by Peter and Sheila Forrest about Bernie and Aileen Kilgariff called They Started Something. I have to confess that, since the last sittings, I have thoroughly read both volumes of this outstanding publication. I will unashamedly be quoting extracts of the book. I might not always formally, as I usually do, acknowledge the quotations. However, this book is so good, in my view, the whole thing should be read onto the Parliamentary Record. However, there are time constraints.
I wanted to place on the Parliamentary Record some of the contents of the book. In that respect, I am really referring to parts of Volume 2 in particular. The reason for that might seem obvious to some; that is, it refers to much of Bernie Kilgariff’s political career. Of course, all of us here in the Chamber have an interest in politics. I am from Alice Springs; I, therefore, have an interest in all politicians from Alice Springs. I am a member of the CLP; I consequently have a great deal of interest when it comes to politicians from Alice Springs who are members of the CLP.
There is no doubt that Bernie Kilgariff has played a significant role in the development of the Northern Territory over many years. I know that most members of this Assembly know Bernie Kilgariff and, indeed, many met with him when he and Aileen were in the Speaker’s Office during the last sittings.
The publication by Peter and Sheila Forrest will stand forever as a testament to Bern’s contribution. It is widely considered and known to be significant; however, the fact that a book has now been published, of and in itself, bears testimony to the outstanding nature of his contribution and, indeed, the contribution of Aileen as well. As a couple and a partnership, they both have made a significant contribution to the development of the Northern Territory.
In the book, Bernie recalls his early days in Alice Springs when:
That is a description of Alice Springs, probably 50 or 60 years ago.
At that time, Bern had an idea to build a motel, something relatively new in Alice Springs. In 1959, he built a block of units known as the Oasis Motel. The motel started first with a block of 10 units in 1959 and ended up being 144 units at the end when the Kilgariffs sold it in 1985. The motel, naturally enough, led to other ventures with the well-known Kilgariff trademark, including the Oasis Motel restaurant, the Oasis Service Station and the development of what is known as the Shell Mt Gillen Service Station, later selling out in 1980. Of course, there are also the squash courts, which were built on Gap Road next to the Oasis complex. The development of the Oasis and new accommodation business made a tremendous difference to Alice Springs.
Bern and Aileen are rightly included on any list that anyone can produce of pioneers in Central Australian tourism. Indeed, they are considered the forefathers in Central Australian tourism, not just for their endeavours when it came to the Oasis Motel, but for the passion and vision they both had for the future of Alice Springs.
One example of that is Bern’s contribution to the Central Australian Travel Association. Bern joined that just a few months after it was started, and was at the first meeting of directors when the Central Australian Travel Association became a company in late 1961. Bern served as a director until March 1976 - a significant contribution, both in its longevity and substance. In the 1970s, Bern was so busy that Aileen became an alternative director of the Central Australian Travel Association, and her contributions, as well, were extremely valued by everyone. By this stage, the Northern Territory Tourist Board had taken over the Central Australian Travel Association’s general promotional role, but it remained an active operational company.
That is just a snapshot of one aspect of the Kilgariff’s life and their contribution to the town I now call home. Another important and, yet, very different one is their contribution - and Bern’s contribution in particular - to the growth and development of housing in the Northern Territory. Bern served on the Northern Territory Housing Commission as a member from 1959 to 1972 and was chairman from 1967 until his retirement from the commission in 1972 - once again, a contribution that was lengthy as well as substantial. The emphasis at that time for the Northern Territory Housing Commission was that of providing well-designed, comfortable housing for low-income earners. Bern Kilgariff did everything he could to ensure that such housing was, in fact, provided. What he did not know during his later years on the commission was that it served as a precursor to his role in the Northern Territory Legislative Council.
Bern’s public life began in April 1960 with the Legislative Council of the Northern Territory assembled for the first sitting of the Seventh Council. Bern Kilgariff was sworn into membership of the Council in April 1960, beginning what can only be described as a remarkable 27-year career in representative politics. His career included prominent membership of a group of Legislative Councillors who strove strongly and successfully for the Territory’s constitutional advancement. They are entitled to be called the Northern Territory’s founding fathers.
Membership of the Territory’s first embryonic Cabinet, the Executive Council, was also an honour Bern Kilgariff held. It was a foundational role in the creation of the Country Liberal Party. Bern was elected as the first Speaker of the first fully-elected Legislative Assembly; and was Deputy Leader of the majority party in the Assembly. The more I look at this book; the list just goes on and on and on.
It seems to me that many people new to the Northern Territory know that Bern Kilgariff played a significant role, not only in our constitutional development in addition to his role in the Legislative Assembly, but that they do not always know that he was a Senator. In fact, Bern Kilgariff, was a Senator for the Northern Territory for a significant amount of time. Importantly, during his 27 years of public service as a politician, he never lost an election - an extraordinary milestone on any analysis.
The biography of Peter and Sheila Forrest is significant because it provides an important history of politics in the Northern Territory. It recalls a significant change in the Council with the appointment of three non-official members; Bern Kilgariff being one of them in 1960. At that time, it was the case that the Menzies government was in government in Canberra and they envisaged that the three appointed non-official members would be obliged to the government which appointed them. It was certainly not envisaged that they might align with the elected members at that time. At the outset, the three appointees, one of whom was Bern Kilgariff, made it clear that their votes could not be taken for granted by either the official government members or by the block of elected members who usually combined to create an opposition, bringing with them a new equation to Legislative Council proceedings.
Of those years, Bern says – and I do quote now formally from the biography:
A dream not yet realised; a cause of concern to all of us.
Bern’s membership of the Council through the last 14 years of its existence from the Seventh Council in 1960 through to last in 1974 when the Council was replaced by the fully-elected Legislative Assembly, were characterised by enormous progress in the Northern Territory, widely considered to be the most dynamic years in the Territory’s history.
In 1968, the Council’s composition changed when the three non-official members were replaced by elected members. In the consequent elections of the same year, Bern stood for election to the Council for the seat of Alice Springs. He comfortably won. He was endorsed by the Country Party and campaigned on the slogan, ‘A Centralian for the Centre - put Kilgariff back in the Council’. Bern was now a member of the Country Party formed in Central Australia in 1966, to support the campaign for the election of Sam Calder to the House of Representatives. Bern was instrumental in that party’s formation and in its subsequent evolution into the Country Liberal Party.
It was in 1973, with a fully-elected Legislative Assembly in prospect, the discussions began between the Country and Liberal Parties in the Territory with a view to a fusion to create a single non-Labor party. These discussions were put on a formal basis from September 1973, with a working group comprising senior figures from both sides being formed. In July 1974, the newly-merged Country Liberal Party of the Northern Territory was launched at an inaugural conference held in Alice Springs, which remains a great strength for the Country Liberal Party.
The CLP then went on for the next quarter of a century to become the most successful political party in this country’s history, having held government for such a significant amount of time. In November 1974, Bern was sworn in as Speaker of the Northern Territory’s new fully-elected Legislative Assembly. It was the Assembly’s first sitting day after the election in October of that year, an election which resulted in the CLP capturing 17 of the Assembly’s 19 seats.
Bern resigned as Speaker in 1975 when he was endorsed to run for the Senate, which he knew would amount to being an ambassador for the Northern Territory in Canberra - a role I am sure is continued to be understood by subsequent Territory politicians on both sides of politics. Bern Kilgariff spent 12 years in the Senate and, during that time, served on a host of committees and delegations. In addition, he was the deputy government Whip, then government Whip, for a significant number of years. It can be said that few parliamentarians have ever contributed so fully to their parliament and few electorates have ever been so vigorously served by a politician. That politician was Bern Kilgariff.
In June 1987, Bern attended his last sittings as a Senator, and it was his last day of 27 years of service in the Territory and federal parliaments. He is admired by, I believe, all Territorians on both sides of the political fence and everywhere in between. He is admired as being totally committed to the Territory; he always put the Territory first. Over and above that, he has a large family and a circle of friends which I think is probably bigger than all 25 members of this Assembly.
I know Bern Kilgariff well and have enormous respect for him and Aileen. I see them regularly. I am very proud to say that they are my friends. I admire anyone who makes a significant contribution to the place I call home. For my money, I do not think anyone has made a more significant contribution to Alice Springs or, indeed, the Northern Territory. I am very proud to call Bern Kilgariff a friend.
I wish Bern and Aileen the very best for the future. I am sure that they will look forward to receiving various people’s comments about this fine publication.
Mr STIRLING (Nhulunbuy): Mr Deputy Speaker, the first indigenous owned residential subdivision on traditional Aboriginal land was officially opened by our Housing Minister, Elliot McAdam, in early March in Nhulunbuy. Malpi Village Project is owned by the Rirratjingu people through their business arm, Bunuwal Investments Pty Ltd. The $10.2m Malpi Village came together as a partnership between Alcan Gove, Bunuwal Investments and the Northern Territory government. It is a 32 accommodation unit complex, with the Northern Territory government agreeing to lease 13 over the next 15 years. The federal government and Defence are expected to enter a similar agreement. Units will also be available for private rental to industry.
The village derives its name from the late Roy Marika whose Yolngu name, Malpitjingu means honey bee. I congratulate all those involved in this new initiative. My best wishes go to the Rirratjingu people as they progress through this development.
A delightful four-year-old girl from Yirrkala has been called a hero after assisting a teacher in the preschool when she collapsed and passed out for a short time. Siena Stubbs, daughter of Will and Mirrki Stubbs, on instruction from the teacher once she regained consciousness, organised the other children to sit on the mat and, seeking further direction from the teacher, pushed the chair to the other side of the room to the telephone. Unable to reach phone, Siena used her initiative to push another chair which she could climb on and reach the phone. By coincidence, an incoming call came at that moment and they were alerted to the incident. Siena showed great responsibility and leadership in the situation, and I commend her maturity in remaining calm and helpful to her teacher in classmates during the incident. Well done, Siena. I look forward to seeing her develop as an important future leader in the community.
Buku-Larrnggay Mulka Centre at Yirrkala continues to produce outstanding artists with Araluen Maymuru being selected as a finalist in two categories of the 2006 Northern Territory Young Achiever Awards. Araluen creates her own work through lino cuts, etchings and screen prints, which are sold through the on-line gallery she maintains at Yirrkala. Araluen curated both the Gapan Gallery at the Garma Festival and the Galuku Gallery at the Darwin Botanical Gardens during the Darwin Festival. Will Stubbs, the coordinator of the arts centre said that Araluen has been a joy to watch in taking on greater responsibility to achieve excellence in the world of arts practice and management. Araluen is an inspiration to the young people in the Yirrkala area, and I wish her well for the presentation night in Darwin in April, and her future endeavours within the art world.
The Tribute to Territory Women for 2006 included a local woman from Yirrkala, Djapirri Mununggirritj. Djapirri is a very worthy recipient of this award and is commended for leadership and commitment to Yolngu women. Djapirri was educated through her school years by the Yirrkala mission school. On completion of Year 12, she continued with a commercial traineeship at Nabalco. Djapirri then spent 10 years working for YBE, and five years managing Nambara Arts and Crafts. Deciding to be more involved with her people, Djapirri then took up the position of manager at the women’s resources centre at Yirrkala, and has been instrumental in ensuring programs are delivered in a culturally appropriate manner, budgets adhered to, and reporting requirements met.
Djapirri was also instrumental in establishing Yirrkala women’s Night Patrol and coordinates patrol rosters, participates in patrols and liaises with the police. Djapirri was also the first woman vice chair of the Yirrkala Dhanbul Council and is certainly a role mode for men, women and children in her community. I congratulate Djapirri on her great achievement and recognise the strong commitment she has for her people, always striving to address the issues and impact on the Yirrkala community.
Representatives from Gove Peninsula Surf Life Saving Club took all the honours from the recent Northern Territory Surf Life Saving Awards. Tayla Pollard was awarded the Under 17 Junior Life Saver of the Year. Tayla is on the youth committee, spent over 19 hours on active patrol during 2005-06, and assists with running Nippers. She is currently training for the Bronze Medallion. Over the years, Tayla has earned several awards and levels of competency including SRC, Radio Officer and Champion Female SRC.
Hannah Putland was awarded the Under 19 Life Saver of the Year. Hannah is involved in all aspects of the club and was instrumental in the instigation of the youth committee. She has completed over 27 hours of beach patrol, assists at junior development camps and fundraising functions. Hannah already has her Senior First Aid, Advanced Resuscitation, and radio operator’s qualifications. When not on patrol, you will find Hannah giving water safety lessons for the Under 8 and Under 10 members of the club.
Sally Putland, Hannah’s mother, was awarded Volunteer of the Year. Sally is an active member of the club and one of its quiet achievers. She has the Bronze Medallion, Advanced Resuscitation, Senior First Aid Award, and is the club’s assessor for many of its first aid courses. One of her roles is training for use in the application of Defib equipment. She is keen to increase trainer’s profiles, do officials training, and work at retaining cadets in the club. Sally has spent 64 hours on the beach, 75 hours instructing others, and 25 hours conducting examinations. She also does much of the administration work for the club.
Charles Rue was awarded Surf Life Saver of the Year for the NT. Charles exemplifies the Surf Life Saving movement with his commitment and contribution. Over the years, Charles has qualified for the Bronze Medallion, Senior First Aid and Advanced Resuscitation. He fulfils many roles in the club, including IRB driver, patrol captain, assessor and mentoring junior patrol captains. His time on the beach last year included over 72 hours patrol and 50 hours in instruction and development of club members.
Charles has a commitment to junior development, assisting in conducting Bronze Medallion courses and is always visible with organising and coaching both Nippers and Juniors in water activities for Northern Territory and interstate titles. Winning all four awards is a huge achievement for Gove Surf Life Saving, and I congratulate the recipients on their awards. I thank them for their valuable contribution in keeping our community safe on the beach.
Mrs BRAHAM (Braitling): Mr Acting Deputy Speaker, I speak tonight about the petition that has been circulating around Australia – and I am sure members have received it - urging the federal government to declare Herceptin under the Pharmaceutical Benefit Scheme so that women with breast cancer can access it. The HER 2 positive breast cancer is a particularly aggressive one and, at the moment, there are about 2000 women in Australia who are sufferers. Herceptin benefits this particular cancer and significantly reduces the risk of breast cancer reoccurring. Unfortunately, at the moment, it is not under the PBS scheme and it is not available to women who have early HER 2 breast cancer. It is only available to those women who are in the late stages of this particular breast cancer. It means they have already gone through radium treatment, chemical treatment and, yet, they are only allowed to access it through the PBS in the late stages. It seems ironic that women cannot access it in the early stages.
However, they can access it if they pay for it, and this is the very difficult thing. There is a woman in Alice Springs - I am not sure if there is anyone in Darwin - who has decided to pay for it herself. This particular drug has been trialled and has been shown to be very beneficial. The amount used is dependent on your weight. She estimates the cost to her is $75 000. They have used their credit cards to the limit, used up all their savings, put their house and business on the market, and are going to the bank for loans. It is the most difficult choice a woman or a family has to face. Do they, in fact, spend all their life savings to give this mother a chance to recover from this breast cancer?
Perhaps you can understand the push that has been going on Australia-wide to get the federal minister to actually approve this through the Therapeutic Goods Administration. Professor Richard West, who is the Director of the Sydney Breast Cancer Institute, said that this expensive treatment should be available. He said the delay in not subsidising this new breast cancer drug for women is reprehensible. Although the government regulator is fast-tracking the evaluation of the drug, it still has not been approved by the Therapeutic Goods Administration. Even though the firm, Roche, has submitted clinical evidence and the trials were carried out over 12 months ago, we still cannot get a decision out of the TGA. The government, obviously, cannot make a decision until it receives TGA approval. Therefore, we have this terrible delay that is completely unnecessary.
The worst thing is that, if it is approved by the TGA to go onto the PBS, it means that women such as Raelene Treiss in Alice Springs who is paying for this, may not receive retrospective payment. There is no precedent, according to Tony Abbott, the Health minister, to make back-payments to any patient. He said that has never been set before. He is, obviously, indicating that they probably will not pay women who have already outlaid thousands of dollars if it is ever approved.
I hope all members of this House approach their federal members and see if they can push the approval for this Herceptin drug as fast as possible. There are probably other people like Raelene in the Northern Territory who would like the option of using this drug but, unfortunately, cannot afford it. How many people can afford $75 000 for treatment that they feel will give them a greater chance of recovery and the PBS benefit for Herceptin is being denied them? It really is a very sad case for women to have to face this dilemma. I am not quite sure how a family could afford that amount of money. It is a decision they should not have to take; it should be available to them through the PBS as far as I am concerned.
We have tried all sorts of ways to assist Raelene with the cost. I approached the Minister for Health, asking if he could help with a subsidy. For instance, the drug is bought from south and there is a mark-up on it by the suppliers in the Northern Territory. We asked the minister to, perhaps, subsidise that mark-up. If you add all those mark-ups together, of all the phials that are needed, it would come to about $3600, which would be one treatment for Raelene.
It is hard, because there was going to be some fundraising to assist Raelene with this. However, where do you stop and start with or fundraising for this drug. How many other women would then come? There is no way you could raise anywhere near $70 000 for it. I urge all members to think about the consequences of women who do not have the choice of using that drug. It is expensive but it has been proven in trials to be effective. It is something that I believe the federal government should fast-track.
Ms SCRYMGOUR (Arafura): Mr Acting Deputy Speaker, I pay tribute to a Territorian who contributed an enormous amount to the cultural life of us all. Dr Colin Jack-Hinton, the inaugural Director of the Museum of Arts and Sciences, passed away last Wednesday in New Zealand. His funeral was held this afternoon in New Zealand. Perhaps it was the fervently independent highland Scots from his mother’s side, but for one brought up in an ecclesiastical household, his life was to be far from conventional, ranging from the military to academic life, from accusations of being a spy to dogged battles with government and bureaucracy in pursuit of Aboriginal rights, close links with South-East Asia and the Pacific, and the environmental protection that were far from popular at the time. Somewhere in between all that, he managed to establish the Northern Territory Museum and Art Gallery, organise international boat races, learn six languages, and write scores of books and papers.
Colin Jack-Hinton was born 1 January 1933 in the village of Newchurch on the border of Lancashire and Yorkshire. He had an ordinary education at church elementary and grammar schools, bolstered by extensive reading, especially about Africa and, through his child’s eyes, the exotic east. He remembered spending much of the war years in the cellar avoiding German bombing raids. It included a vivid memory one night of being taken out by his ARP Warden father to witness the distant glow of the fire bombing of Coventry, Manchester, Birmingham and Liverpool. He developed, ‘like most highland Scots, a theological mind - you know, not so much religion but about reality of what life is all about’.
To escape the kinds of professional career expected of him, he joined the Army at 18, serving until 1953 with the Gordon Highlanders, including time as a lieutenant during the Malayan Emergency. It was to be a pivotal experience. ‘Having gone to Malaya, that had really buggered me’, he said, ‘for life because I was so fascinated by the East that it was a complete changing part in my life’.
After second-class honours in History and Politics at King’s College, University of Aberdeen, Jack-Hinton joined the Overseas Civil Service and was posted to Malaita in the Solomon Islands from 1957 to 1959, and as Assistant Secretary to the Western Pacific High Commission. Although he served as a political officer, magistrate and community and agricultural development officer, he was hardly your usual colonial hack. Apart from the politics he never abandoned - and he said: ‘By the time I was 15, I was a dedicated communist. Thank God, the army never discovered that, subsequently, and I fortunately never joined anything’ - there was a growing fascination and engagement with the peoples of the Pacific and South-East Asia. He was subsequently to publish a PhD research on the Solomons, and between 1959 to 1962, joined the Department of Pacific History at the ANU, researching Portuguese maritime expansion from the 16th century.
Now married with two daughters, Jack-Hinton’s life during the 1970s was that of a roving academic, travelling and researching widely in the Pacific and as far a field as Portugal. A stint employed at the University of Singapore from 1962 to 1965 teaching and supervising archaeological sites in the Malaysian Peninsula was brought short. Caught between the paranoia of Lee Kwan Yu and the rise of Sukarno, the tension of konfrontasi led to threats of charges of spying for the British - which he denied - and a quick exit, this time to the Western Australian Museum.
From 1965 to 1969, he worked on Australia’s first professional maritime archaeological projects, retrieving, restoring and displaying Dutch East Indies shipwrecks including early works on the Gilt Dragon, and establishment of the Fremantle Maritime Museum. It was from this experience he garnered the unofficial title of the ‘father of marine archaeology’ in Australia; largely, he said, ‘because no one else had done it before’.
His appointment as inaugural Director of the Northern Territory Museum of Arts and Sciences in 1970 was an inspired choice and followed recommendations urging the establishment of the museum in Darwin at a 1968 conference on prehistoric monuments and antiquities in Australia. However, like so many approaches to the Northern Territory, Jack-Hinton described it as a ‘colony of Canberra’. On many occasions - everything was to be done on a shoestring - his initial operational and collections budget was $3000. Trained by the British Colonial Service, it was a game of poacher turned gamekeeper, as Jack-Hinton was to prove an adept and diligent scrounger of resources locally as well as for his colonial Canberra masters. It was aided by a studied indifference to the bureaucracy. He said: ‘Rules are, in my opinion, created usually by idiots to be administered by idiots and avoided by those who knew what they were doing’.
The initial collection was almost non-existent and was housed in the decaying shell of the old Palmerston Town Hall. Lacking a vehicle, he bought a four-wheel drive and sent the bill to Canberra, much to the horror of the local bureaucrats. Almost certainly illegally, he insured the building and its contents in the name of the museum board - something that was to prove a prescient move. Cyclone Tracy destroyed the building and much of the collection; the insurance pay-out helped rebuild the collection.
Just as importantly, he adopted a ‘boots and all’ approach to the museum and its collection, identifying from the first six months of his tenure the focus of the nation’s only museum in the tropics. Citing its proximity to South-East Asia - Darwin was ‘a South-East Asian city as much as an Australian city in a geographical and …cultural sense’ - a major focus was taken on the art and material culture of the region.
For reasons which now seem obvious but virtually unheard of at the time, Aboriginal arts in northern and Central Australia was to occupy a central role for the museum. Uniquely, for the first time, he recognised the importance of this element of the collection as ‘more than obvious to the Aboriginals themselves … in preserving and regenerating a necessary pride of interest in his own past on the part of an Aborigine … in these dramatic times of cultural change’.
He launched into extensive field trips for the collection on the Tiwi Islands, Gunbalanya and Maningrida, often accompanied by rock art specialist, George Chaloupka. In his turn, Chaloupka, with strong encouragement from Jack-Hinton, began the task of recording over 2000 rock art sites, as well as early work on recording sacred sites - a task taken on a decade later by the Sacred Sites Authority. As an important footnote to the history of central desert art, Jack-Hinton signed off on the delivery of the first three consignments of painted boards from Papunya. Early in the piece, Jack-Hinton realised there was little point in collecting the works of famous European artists. It was not just a matter of prohibitive costs, it was also an issue of the museum’s art collection representing the Northern Territory to the world in ways its indigenous holdings could not.
Between 1980 and 1991, as part of the joint inspiration with internationally respected Australian artists, Frank Hodgkinson, Jack-Hinton hosted an annual artists’ camp in Kakadu. It was not an attempt to establish a 20th century answer to Heidelberg School - far from it – it was an era too far and the artists involved were far too diverse for that. It was to be work inspired by Northern Australia. Led by Hodgkinson for the first half dozen years, the artists’ camp included Clifton Pugh, John Firth-Smith, David Aspden, Tim Storrier and Colin Lancley in the first four years, followed by many others in the succeeding seven including artists from Malaysia, the United Kingdom and Canada. Annual group or one-person shows followed each year and, while some works were required for the museum, many more formed a tradition of donations from artists to the permanent collection.
It was the museum he lived for. Partly as a result of federal finds for rebuilding, partly from the pay-out from his barely-legal Cyclone Tracy insurance payout, mostly by lobbying, Jack-Hinton achieved the seemingly impossible in 1981 with the construction of the museum at Bullocky Point. After initial hostile relations with the then Chief Minister, Paul Everingham, he eventually succeeded in overseeing the opening in September 1981 of the Bullocky Point museum. In celebrating its 25th anniversary later this year, we will not forget Jack-Hinton’s contribution.
Most people who go in for collecting go for small things like stamps or antique pots. With typical extravagance of form and style, Colin Jack-Hinton collected boats - of all shapes and sizes. While doing everything else, Jack-Hinton was quietly collecting his beloved boatshed and what was to become, over time, the Maritime Gallery of the Museum and Art Gallery of the Northern Territory.
With the certain knowledge that the immediate region of south-east eastern Indonesia represented one of the richest traditions of wooden sea-going craft in the world, Colin Jack-Hinton spent 20 years steadily accumulating the collection that, even today, overflows the Maritime Gallery at Bullocky Point. They include everything for fishing boats to boats used by refugees to reach our northern shores.
The Australian Customs Services were a constant target. A new boat would turn up and he would be down there. ‘Yes, Colin, we have been waiting for you’, he would be greeted, with a chance to acquire the latest seizure for the museum. This collection of boats would, ultimately, form the basis of the superb maritime collection at the museum at Bullocky Point which was finally built in 1992. Prior to that, much of it had been stored in the old Parap Picture Theatre.
I have said that Colin Jack-Hinton was a constant resistor of government interference and he said:
He was to face this in spades in the early 1990s in many ways, especially after the former member for Katherine, Mike Reed, became the Arts minister. In a sense, the culture wars that were played out a decade later in the rest of the nation were played out here in the Territory. The then government sought to remake Jack-Hinton’s vision of a museum and art gallery as an institution that would represent ideas of indigenous and South-East Asian connections, and replace it with a narrow folk museum of the pastoral industry and colonial conquest. Reed stacked the board with the specific intent of removing Colin Jack-Hinton and he, ultimately, achieved Jack-Hinton’s resignation in 1993. The then Arts minister ran an unprincipled campaign of innuendo which he intensified during the period Jack-Hinton was on a well-deserved and long overdue sabbatical. It was something of a tragedy, but one that Jack-Hinton bore with very little apparent ill will - certainly towards his fellow Territorians, no matter what he thought of politicians.
Since then, Colin Jack-Hinton has worked for the myriad of institutions in South-East Asia in areas of museum and marine archaeology. As recently as 2004, he was attending meetings of the Australasian Institute for Marine Archaeology.
George Chaloupka, his collaborator of 35 years, today praised Colin Jack-Hinton. He thanked Colin for allowing him the academic freedom back in the 1970s to give evidence in the Ranger inquiry on behalf of Aboriginal people. Just as importantly, he praised his support for the staff he chose to work with him: ‘He gave us the tools to do the job and then he told us to go ahead and do it’.
In a sense, that sums up Jack-Hinton’s life. In an extraordinary life, he acquired the tools to do an amazing job. He did it for all of us. His contribution and recognition of what he achieved will only gain greater reputation over time. I suspect, had I been the minister for the museum during the term of Colin Jack-Hinton’s tenure, I would have faced a heap of challenges. However, it would have been an incredibly interesting ride and I pay tribute to what he achieved.
Of course, I am acutely aware that his early work took place on the Tiwi Islands, Gunbalanya and Maningrida, not to mention Kakadu - all of which are in my electorate of Arafura. I also pay tribute to Colin Jack-Hinton on behalf of my constituents.
Mr MILLS (Blain): Mr Acting Deputy Speaker, I make my comments initially to call upon the minister for education to explain why he has not acted decisively or swiftly to employ the powers that he has as the minister for Education with regards to the student who threatened to kill a teacher with a knife in a primary school recently. The minister has the power to act decisively. The power is granted in section 28(1) of the Education Act, which states:
I call for an explanation because, in this section of the act, it describes that this is an action that can be taken by the minister when considered necessary. I argue that it is necessary, and I will attend to that argument.
The reason we must act swiftly and decisively in such matters is because, if we delay, it sends a confusing message to students and their families, and it leaves teachers exposed. When respect for very basic values is violently challenged in the face of young people and students, swift and decisive action must ensue in order to maintain law and order. Most of us would reflect that there was a time when it was shocking for a student to swear or even backchat a teacher. In the past few days, we have had to consider what to make of reports of hundreds of drunken youths attacking police, stoning their vehicles - uninvited, unwelcome guests at a function - and police having to provide protection for ambulance workers who were there to deliver aid to young people. How far have we travelled? What is happening in our community? Then, in the same period, we learn of a primary student threatening to kill a teacher.
This is not a time for the faint-hearted, because our society demands clear and swift response. Government and us as community leaders must understand that fair but firm measures are required to establish a respect for the values and principles that hold our society together. Do not make a mistake. We can easily be distracted by the need of the individual concerned, and provide explanations and deeper understanding as to why someone would do something like that. That is a separate matter and it needs full attention. However, the more important issue is to maintain respect for the values and principles that hold our whole society together. A school is a very important place where those principles, if protected, can result in a tone and quality within a school community that is palpable. People can tell when a school has a sense of order and structure, when a violation is met with strongly and swiftly by the principal. It sends a message to all the others, they will know: ‘we are safe, this is a secure environment’.
There is a confusing response when people learn that a student threatened a teacher with a knife, and threatened to kill. It is little wonder that the number of observers, including the families, are perplexed and troubled by the response.
I urge the minister to reflect upon the need to provide swift action, to provide security in our school environment - not security in a physical sense, but the underlying security in respect for the principles and values that hold our society together. If you respond ambiguously, as I believe has been the case in this instance when the student threatened a teacher with a knife, it diminishes respect for law and it fosters disorder. A tough love approach must be employed in the interests of all other Territory students. Like it or not, parents are accountable for their children’s actions. In this instance, the actions of government and community leaders either strengthen or diminish this fact.
The truth is that many parents find it enormously difficult, for lots of reasons, to accept the weight of responsibility of parenthood. That is precisely where support needs to be delivered. We cannot escape the fact that a parent is responsible. If we start to remove that responsibility from them and provide them with excuses and covering, we disempower them from the very essence of the solution to any problem. It does not exempt us from providing support where it is required, but the support must first be a reinforcement of the principle that a parent is responsible. If a parent is in need, then we supply that need to that point. However, first we must act decisively and without a faint heart, knowing that this is love in action. To speak strongly and clearly and decisively in the presence of a school community, in this instance, establishes order.
I take this opportunity to place on the Parliamentary Record some correspondence I have received recently from people with regard to the Education Department. It is troubling to not allow this debate to enter the most critical of areas; that is, the very quality, nature and tone of the curriculum. We are being required to take a leap of faith based on an assertion ‘do not worry, education standards will improve’. Those who have experience in education are not so confident that education standards will improve. We need further evidence of that.
Anyone who has done any reading or research can confidently say there is little research that supports the proposition that educational standards do improve conclusively. There are some minor improvements with a change of delivery or a style of approach, but significant improvement is not verified by research. If we look internationally and compare education systems, we find that the Australian system has been locked in a particular holding pattern since the 1980s. Unless we start to assess the foundations of our curriculum and our education system, we cannot hope for significant improvement in educational standards.
These comments are starting to be reflected around our community. It is a good thing that people start to think a little deeper about education. Sadly, it is probably a little more than the NT News can bear, running articles of a more weighty nature. The tone of the consultation and the pace at which it has been conducted does not allow time to discuss the more weighty issues, so I take this opportunity to place on the record a letter that was written to the editor but, up to this point, has not been published. It is in response to the NT News Editorial on Monday which said: ‘Middle schooling is in the best interest of all children’.
Jo Vandermark commenced by saying:
Well done, Jo. Further to that, the aspect of those schools that allow a focus on academic rigour are important, as are the other schools. We need to have, clearly defined, the alternative pathway with the technical colleges. These sorts of discussions we are not able to have. We are talking more about a ‘let us have a one size fits all’.
I cannot resist in just having this as an e-mail and filing it away. I had this response from a friend who spoke to me of his feelings about this issue. It is only a paragraph, but it is so well crafted that I believe it should live in the Parliamentary Record forever. I will not say who the author of this is because I do not have his permission. These are his words:
Mr Acting Deputy Speaker, on that note, I will leave time for others to make their contributions. I hope that the deeper issues undermining this debate are given time to be properly considered. It is a very important time; critical decisions are going to be made. There is a lot of material that needs to be weighed and assessed in a timely manner before we embark on a decision that will affect generations to come.
Mrs AAGAARD (Nightcliff): Mr Acting Deputy Speaker, tonight I would like to, once again, draw the attention of the House to the generosity, vision and sheer inspiration of Mr Tony Milhinhos, a long-term Nightcliff resident and the owner of the Nightcliff Woolworths complex.
Several years ago, I awarded Mr Milhinhos the Nightcliff Citizen of the Year Award for his generosity of spirit and philanthropy. Since that time, he has gone onto much greater heights becoming the Senior Territorian of the Year last year and, more recently, the Senior Australian of the Year. Whilst this recognition is, indeed, high commendation, it is clearly not what motivates Mr Milhinhos. He has exhibited quiet generosity for many years and his good works have only recently come to light through others. Nevertheless, the recognition he has received delights me as, in my eyes, Mr Milhinhos is truly a hero and his good deeds can be an inspiration for us all.
When I first told Mr Milhinhos that I was going to mention him in this Chamber in 2004, he urged me to talk about Autism NT. Tony had only recently come to understand what a challenging condition autism can be for children and their parents, and he had decided he wanted to help. Since that time, Tony has provided free office space to Autism NT at his shopping complex in Nightcliff. The office was opened in May last year and now provides an organisational centre for Autism NT, and a place where people affected by autism can go to seek help and understand, and to access resources. Perhaps even more inspiring than his gift of office space, is Mr Milhinhos’s decision to donate 100% of the profits from his business CTM Refrigeration to Autism NT.
CTM Refrigeration is a home-grown Territory business that designs and constructs commercial coolrooms, refrigerators and airconditioners. I am told they presently build about half the commercial coolrooms and freezers in the Territory; so they are no small operation. CTM’s General Manager is Roy Kingham. Mr Kingham was recruited to head up the business because he has knowledge of both refrigeration and of charities, having previously worked for five years at RSPCA NT. He said the staff of CTM are thrilled to have the opportunity, through Mr Milhinhos, to be working for a business that is helping out some of the Territory’s less fortunate children. Mr Kingham said he knows of no other similar situation in Australia where an entrepreneur has dedicated 100% of a business’s profits to the ongoing support a single charity. Once again, Tony appears to be leading the way in corporate philanthropy and I hope his groundbreaking example is noted by others in the business world.
Whilst the amount of money that Mr Milhinhos has committed to Autism NT is truly significant, Alison Bird - who was originally a volunteer and is now Autism NT’s Executive Officer following Mr Milhinhos’s boost to the organisation - gives thanks for something else; that is, Mr Milhinhos’s understanding. What really touches Alison is the fact that someone who is not immediately affected by autism has the compassion to feel for those who are. She explains that Tony knew very little about the difficulties experienced by the parents of children with autism but, when it was explained to him, he was deeply effected. According to Alison, such sympathy and understanding from the wider community is not always there and this, as much as anything, is what she is grateful to Mr Milhinhos for.
On a more practical level, Alison Bird explains that Tony’s support has enabled a struggling but committed group of concerned parents and professionals to consolidate as an organisation and plan for the future. Autism NT has about 140 members, three-quarters of whom are parents, and about a quarter of whom are health professionals. Alison estimates that there are about 230 children in the NT on the ‘autism spectrum’. Autism NT now offers these parents, health professionals and children a real framework in which to build the support structures, understanding and services they need.
Whilst this speech is in praise of Tony, I am sure that Tony would not like anyone to be under the impression that he has provided a single-handed solution to the challenges of autism in the NT. Far from it. He would be keen to point out that this challenge, like so many others facing us, is bigger than any one person. Tony would point to the family that supports him, especially his wonderful wife, Linda, and daughters. He would also point to the staff of Autism NT, Alison Bird and Pam Young, and to those on the board: Alex Shepherd, Donna Cubillo, Jenny Dignam, Paula Callaghan, Craig Callaghan, Karen Maher, Pam Young and Mike Taylor. He would point to the employees in his businesses and to the customers who support them. Finally, Tony would point to you and me and to all his fellow Territorians.
Perhaps more than anything else, this is what Tony would like to spring from the publicity that his example has generated: a heightened sense of community and of sharing across all spheres of life and from every section of society. He would certainly urge us all to ask ourselves what we could do to help the cause of Autism NT or, perhaps, some other charity.
I also commend the Royal Life Saving Society of Australia NT Branch on the recent launch of the Keep Watch Ambassadors program. The Royal Life Saving Society of Australia is a non-profit volunteer community service organisation that has championed water safety in Australia for over 100 years. Whilst Surf Life Saving Australia takes responsibility for safety on ocean beaches, the Royal Life Saving Society is the principal organisation responsible for the safety on inland waters, in swimming pools and the like. The Royal Life Saving Society’s mission is to prevent the loss of life and injury to the community with an emphasis on the aquatic environment.
The Royal Life Saving Society was originally based on a British model. However, since the 1950s, it has evolved to suit our unique Australian conditions. Today, it leads the way in innovative approaches to water safety training and education.
Despite only being a small branch, Royal Life Saving NT is active. They train swimming instructors, run life saving courses, work with local schools and have a remote pools officer, Mr Mark FitzSimons who, in 2005, clocked up more than 20 000 km visiting the Territory’s more remote communities and instructing them in pool safety.
When we consider the special place that water sports and recreation occupy in the lives of so many Australians and, particularly Territorians, it is not difficult to appreciate the importance of the work done by the Royal Life Saving Society. Nothing underlies this importance more starkly than the disturbing fact that drowning is the No 1 cause of preventable death for children under the age of five in Australia; that, on average, one child dies every week somewhere in Australia due to preventable drowning; and that for each child who drowns, there are at least three near-drownings that require hospitalisation. This is the darker side of Australia’s love affair with the water and one which the Royal Life Saving Society of Australia’s NT Branch is working hard to overcome.
One way that they are doing this is through their Keep Watch program. The Keep Watch program seeks to raise awareness of the need for careful supervision of babies and children around water. Royal Life Saving Society produces Keep Watch education material such as fridge magnets and information sheets in a variety of languages, and has an excellent web site at www.keepwatch.com.au, dedicated to increasing knowledge about how to keep our children safe.
Royal Life Saving Society’s most recent initiative has been the launch of the Keep Watch Ambassadors program. I was very proud to host the launch of this program at Parliament House on 20 February in my role as Speaker. Many of my colleagues from around the Chamber attended the launch, and I understand every member of this Chamber has now become a Territory Keep Watch Ambassador. Congratulations to all members for doing that. Recruiting all the Territory’s MLAs to this cause is a tremendous result for the Royal Life Saving NT staff and their board. I would like to acknowledge those staff - Natasha Fyles, Floss Roberts, Leah Cullen, Jacqui Dobson, Fiona Smith and Mark Simons. The board members are: Randall Cook, Kim Clark, Petina Franklin, Kath Midgley, Jacqueline Clark and Corrine Warhurst. Rob Bradley, the National CEO of Royal Life Saving, and Julie Bower, former National Communications Manager also worked on development of the project. These people’s efforts to safeguard Territory toddlers from preventable harm deserve high commendation. I am sure that all members, as newly-appointed Territory Keep Watch Ambassadors, share my appreciation of the Royal Life Saving Association and the great work they continue to do in the Northern Territory.
I also recognise those young Territorians within the Nightcliff community who have recently been elected as school captains, house captains and SRC representatives in schools in my electorate. Our youth are the greatest expression of Territorians hopes and ambitions for the future, and I am inspired by those amongst them who show the courage and willingness to lead and represent their peers. They are contributing to the strength and wellbeing of their community and deserve our encouragement and support.
Mr Acting Deputy Speaker, I seek leave to have the names of these students incorporated in the Hansard.
Leave granted.
Nightcliff High School:
Both councils have recently held elections in 2006, and I would like to welcome new members and thank those who are leaving. At Nightcliff High School, I would like to welcome Andrea Fulton, Don Fulton and Carol Hitchcock as parent members, Meredith Saunders as a teacher representative, and Kelsey Hampson and Megan White as student representatives.
I would also like to give a particular welcome to Lyn Hollow. Lyn has taken over from Paul Atkinson as Principal of Nightcliff High School in 2006. Lyn was previously Principal at Maningrida CEC where she achieved excellent results. Lyn is a dynamic and energetic person whom I have enjoyed getting to know in the past few months. I am sure that she will do great things at Nightcliff High in 2006 and I look forward to working with her on council. Also thanks to Lindy Coates for her able work as council secretary in 2005. Lindy remains on council as a parent member but has handed the role of secretary to Robin Hansen.
A number of council members from 2005 have retained their positions in 2006. These are: Rosemary Campbell, who will once again serve as chairperson, John Wagner as treasurer, Joy Brabham, Fiona Jackson and Konnie Ketteritzsch as parent members, Val Momuat as teacher representative, and David Creeper as student representative. Thanks are due to each of those people for their continuing contribution to school governance.
Finally, a thank you to those 2005 council members who are departing. The first is Paul Atkinson, who I mentioned before was the departing Principal of Nightcliff High School. He was at the school for three very hard years, during which time there was a lot of turmoil at the school, a lot of things happened. However, he has actually started the school back on to a very good footing and has left the school a much better place. I thank Paul and I wish him all the best for his retirement in Queensland.
I also thank William Bean, Lynne Fry, Martin Bruekers, Delphine Newton, Graeme Chadwick, Anita Jonsberg and Jean Loke. Jean was the Assistant Principal at Nightcliff High School, and she has been promoted to become the Principal at Kalkarindji, and I wish her all the best there.
Moving on to Nightcliff Primary School, congratulations to Danyelle Bodaghi, who has stepped up to the role of council chair after serving as a member in 2005. Thanks also to Murray Fuller for his work as chair in 2005. I am pleased to say that Murray remains on council as a member, and I thank him for his continued contribution. Jane Fuge is now deputy chair, having replaced Anthony Young who has retired from council. Janet Langley has taken over from Michael Storrs as treasurer, and Tracey Miles has replaced Kanchana Bishop as minutes secretary. I must say that the secretaries are the hardest positions to fill in school councils, and I thank Kanchana for her detailed work as a secretary. Others who are joining the council in 2006 are Vicki Nangala-Tippet as the Aboriginal parent representative, Ros Treslove as outside school hours care representative, and Fiona Courtney has also joined the council as a new member. Adrian Curry, Peter Morris, and Deborah West have returned to, once again, serve as council members. Retiring in 2006 are Kanchana Bishop, Kate Fegan, Jill Finch, Pat Fuge, Tara Metcalf, Pam Smith, Anthony Williams and Margaret Young. Thanks to each of them for their contribution to the school and to the council. I wish them and all the schools very well this year.
Dr LIM (Greatorex): Mr Acting Deputy Speaker, I have two issues to raise tonight. The first is a happy occasion where I went to the Ross River Resort for the relaunch of the facility there. I stayed overnight. Some 70 or so people from Alice Springs turned up to the event, many in the tourism industry showing their support for the Ross River Resort. I wish the owners and the managers all the best; that they will be able to keep Ross River Resort open and receive customers for the next two or three years as they continue to grow in their knowledge that they are back in business.
It has been a difficult time for the Ross River Resort. They were opened and then closed for many years and the property deteriorated somewhat. The current managers, John and Heather Wyatt, have been there since June of last year trying to get the property back in order. I will come back to that in a little while.
While I was there, in one of the hotel booklets was a history of the Ross River Homestead which I found very interesting. I thought I should tell some of the stories from that. Ross River Resort homestead is situated about 83 km by road, east-north-east of Alice Springs. It is a little unfortunate. As I was driving there, there was one road sign just on the outskirts of Alice Springs pointing to Ross River. Then there was nothing by the roadside from then for the next 60 km until we came to the Arltunga turn-off where the next sign for Ross River was visible. For a local who knows where Ross River, is it is not a problem. However, for many tourists who would have been driving for over half-an-hour without any indication of whether they were still on the right road, it could be a concern. Imagine if you were an overseas tourist who is not used to bush roads or driving out to the middle of nowhere, where he hardly sees another car or another person - he may feel that he is lost. It would be good if the government could consider putting extra road signs along the way - every 5 km or so - to mark that you are getting closer to Ross River.
The original homestead was thought to have been built around 1909. Other reports suggest it might have been 1898. The homestead was built by Alfred Tabe for Tom Wallis at the time when that whole area was thought to be Love’s Creek Station, part of which was the Ross River homestead. It ran several thousands horses, mainly Clydesdale. When the old man was unable to run the property, he passed it on to his sons, Albert and Frank. The property comprises some 3670 km and now runs mainly shorthorn cattle. The Ross River property consists of 12 000 ha of land.
Alfred Tabe, who is thought to have built the original homestead. lived until 1940. He arrived at Arltunga with his wife, Clara, in 1901 and worked as a foreman at the battery and cyanide works. She died very soon after, unfortunately, and was buried in the Arltunga region. Alfred’s movement was little known after he left Arltunga in 1913.
In June 1911, John Barker and Lewis Bloomfield took over the pastoral lease and they continued to use the station for horse breeding, with the intention of servicing the Indian Remount trade. However, after World War I, the demand for horses diminished and so they shifted to cattle. There are still many feral horses, or brumbies as well call them, running wild on properties like Love’s Creek.
In the early 1920s, in addition to horses and cattle, the property also carried some 700 sheep. However, it was found that the environment was too harsh for the sheep and that was soon abandoned.
It was not until 1937, as a result of a survey, it was discovered that the original homestead was actually built on its neighbouring property, The Gardens Station and not on Love’s Creek Station. To protect the homestead, a small portion of land was sectioned off and transferred to the Bloomfield’s at Love’s Creek.
On 1 July 1943, the pastoral lease was granted to Lewis Alexander Bloomfield. On his death on 20 February 1944, his son, Harry Bloomfield, gave the homestead to Gil and Doug Green. The two brothers worked in the area cutting timber for sleepers for the old Ghan railway line.
In June 1958, Gil and Doug applied for a special purpose lease over the homestead and then converted the whole thing into a tourist destination. The homestead was then called Ross River. The homestead itself was converted for dining and accommodation. Subsequent owners have continued to improve the premises building new cabins, swimming pool, spa, campground and bunkhouses.
The property is currently owned by the Gro-Ruz Pty Ltd. That is the Grollo brothers from Victoria. The managers are now John and Heather Whyatt, and the assistant managers are Alison and Troy Fitzgerald.
The Sunday event was very well attended, as I said. We had a lunchtime barbecue amongst the flies - very friendly flies they were. It was a lovely afternoon. Helicopters were on hand to fly guests around the East MacDonnells. We all make a lot of noise about the West MacDonnells, but the East MacDonnells are equally as wonderful.
I hope many Alice Springs residents, if not other Territorians, will visit Ross River and help it to keep going in the next two years while its resort facilities can be sold on the tourism market overseas. It is a property worth supporting. I encourage Alice Springs to strongly do that. It is a great place. Half-an-hour to 45 minutes drive and you are there in the middle of the bush away from civilisation - no mobile telephones, no TVs, no computers. There is a phone box there if you really want to make contact with civilisation. However, you do not have to. A couple of days at Ross River Homestead will be a great escape for anybody and will allow you to relax, unwind and come away from a long weekend refreshed to start another week’s work.
It can be used for small conferences. They have a small conference room. They could take up to 15 or 18 people and it would be a good place for Cabinet to meet. The government might like to consider that, because they will appreciate that. The Chief Minister, the Minister for Tourism, could have a look at the Ross River Homestead Resort as it is today and assess for herself what a wonderful place it would be - another product that Alice Springs can sell on the tourism market.
In the time I have left, I want to refer to an e-mail that I received this afternoon which was sent to every member of parliament here and also in the federal sphere. It was written by a lady who was on her way from work yesterday afternoon when she came across an indigenous woman standing in the middle of the road slowing down traffic. She slowed down because she thought the woman was going to cross the road. However, as she got closer, the woman hit her side mirror of her car so hard with her hand that the mirror popped and struck the driver’s side window. When she got home, she rang the police. She was still standing out in the front yard to keep an eye on the woman who was, by that time, about two doors away from her own home. She thought nothing more about it and started to unload her car, when she suddenly noticed the woman who she had struck running into her yard, at the same time abusing her.
The woman who was struck said she saw the lady who sent me the e-mail on the phone and, as she said in her own words:
The lady dropped everything and took off; left the car with her handbag and all the other material in it, and ran into the house and locked the door behind her. She then rang the police again and told them what had happened. She said ‘I was in fear of my life’. All she could think of was Anthony Scotty and the unfortunate incident on Gap Road a few years back. Anyway, after speaking to police, she looked out the window and saw the woman sitting across the road from her place just watching her.
She went out and locked the front gate until the police arrived. When the police then interviewed her they she said could press charges or they could return the woman back to her own community. That was what she wanted. She said: ‘Take the woman back to community rather than charging her, because she would then be hanging around the town for longer’, and she did not want that.
The problem is that the woman who was struck by the car now knew where this lady lived. She said it is a real concern for her that her location is now known to this woman. This happened at about 3 pm to 4 pm. She wrote the e-mail because she said and I quote:
This is something that I have raised before. It is not about running down Alice Springs, but to report to government there are significant issues in Alice Springs. I continue the quote:
It is a general complaint. People living in the Alice Springs community want people who visit the town to show respect for the town and for the people living there. It is not much to ask. What this government can do is provide the support for the people in Alice Springs to ensure that they have a peaceful community to live in.
She then said:
The community this other lady came from:
The community:
I quote again:
Finally, she closed with this line:
I spoke to her tonight and sought her permission to use her e-mail, and she said: ‘Go ahead, do it’. I know this lady; she is a very decent, upstanding person in Alice Springs. She was moved to this extent where she had to write such an e-mail to us all in this Chamber. They are significant issues and I ask the government to seriously look at this issue. Do not go into denial and say there is nothing wrong with Alice Springs. There are major issues there and it is time to sort it out. If you do not, you will have a lot more hassles than you could ever dream of.
Dr BURNS (Johnston): Mr Acting Deputy Speaker, tonight I would like to speak about Andrea Deegan. At the end of February, Andrea Deegan went on accumulated long service and recreation leave prior to her retirement from the Northern Territory Public Service after 37 years of excellent and dedicated service.
In 1969, Andrea commenced work with the then Commonwealth Department of Mines as a drafting assistant, transferring to the Department of Works a year later. She moved to the Northern Territory Public Service when it came into being, and spent the rest of her working life with the Department of Transport and Works until she proceeded on leave on 24 February this year. Throughout her 37 years in the public service in the Northern Territory, Andrea worked in the areas of Mines, Public Works, Roads Division and the Road Projects Division.
I am reliably informed that Andrea intends to spend more time enjoying her family and young grandchildren. I would like to take this opportunity to wish Andrea and her family all the best for the future, and for a long and happy retirement. I thank her on behalf of the Northern Territory government for your 37 years of service. Andrea, we all wish you the best in retirement.
As we have moved into the school year, I wish all the new members of school councils in my electorate a happy and successful year guiding their respective schools. The school councils are responsible for setting the goals and directions that the school will take in the future. It is a difficult task and it is important to involve the whole community in the decisions that must be made. As well as a majority of parents on the council, the school principal, teacher representatives and representatives of the local community also make up the council. Students are also known to assist the council, especially at Casuarina Senior College in my electorate. All of these people give their time voluntarily, and it is great to see so many willing people dedicated to their children’s education.
Being a member of the school council enables parents to express their own opinion on important school matters. It is a good way to get to know what is going on in the school, especially in relation to your own child or children, and your efforts on the council’s behalf can only benefit your children and the whole school community. It is also a fantastic way to show your children that you are interested in their schooling and progress.
I look forward to attending as many school councils as possible in my electorate this year. There are four new chairs to these school councils: Kelly Anstey at Jingili Primary School; Justin Heath at Wagaman Primary School; Gail Cumming at Moil; and Libby Smith at Casuarina Senior College.
I was delighted to be invited as a guest speaker to the 25th anniversary of the Casuarina Kiwanis Club, held at the Casuarina Club on 15 March. The current President of the Casuarina Kiwanis, Michelle Henderson, put together a fantastic night to which past and present members came along to celebrate. It was also great to see her husband, Ollie Henderson, in attendance, particularly since he had been experiencing some ill health prior to the event.
The Governor of the Australian District, Geoff Holmes and his partner, Kaye, were on their way to the International Kiwanis Conference being held in Taipei, Taiwan and were able to stop off in Darwin to join the Darwin Kiwanis. The governor gave a very inspiring speech on the great works and ambitions of the Kiwanis in Australia and worldwide. The Lieutenant Governor, Phil Hedger, was there, together with the immediate past Lieutenant Governor, Frank Fotiades. My good friend, Noel Land and his family, Marie, Nathan and Alison were also there. It is great to see Noel and his children, Nathan and Alison. There is continuity of service in the Kiwanis, and it is great to see people in service clubs throughout our community. There is a feeling in our community that community service is waning, that younger people are not taking up the challenge. It is great to see in the Kiwanis Club that Noel is taking the lead and Nathan and Alison are also following in their father’s footsteps.
The motto of the Kiwanis is ‘Serving the Children of the World’, and the current emphasis in Darwin is on its Terrific Kids program. It shows children the rewards that come their way if they display community spirit and good citizenship. The Casuarina Kiwanis are very much involved in the projects in East Timor and supporting the citizens of Timor-Leste, particularly with providing cows for milk and a whole range of things for our near neighbours, one of the newest countries in the world.
I commend the Kiwanis. We see them at events throughout the community selling soft drinks and food and I commend them for the hard work they do. They enjoy what they do; service and good fellowship one with the other. They are an organisation that is very worthy of support within our community.
On 18 March, I was invited to join the Multi-Ethnic Social Association to celebrate Family Day at the Darwin Railway Club. It was great to see so many people come together and enjoy a good family time. It was also fantastic to see all the young children up there entertaining, and there are some great entertainers amongst the Filipino community. They start young and they are certainly talented, and give everyone a lot of enjoyment. It was great to see Benita Bernabe in her traditional costume organising the night. Benita, along with many of the ladies there, looked so beautiful in their traditional costumes. I know the Filipino people really value their culture and their family. Judith Bentic does a great job of MC right across a whole range of events, particularly Filipino events. She is such a happy person and adds so much to these functions.
Mr Acting Deputy Speaker, that is all I have to say tonight on events in my electorate. I look forward to reporting in the next sittings of parliament on the goings on in the Johnston electorate.
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Mr KNIGHT (Daly): Mr Acting Deputy Speaker, late last year, I was contacted by the mother of a young man who had been selected in the Northern Territory Under 13s cricket team which was due to compete in a carnival at Cobram in January of this year. This young man is Joel Bock who lives in the Manton area. I was delighted to have a young constituent of mine being selected in the squad, and was more than happy to donate to the cost of Joel attending the carnival. I can advise the House that Joel was top scorer in two of the five games and also took several wickets. We have a budding all rounder emerging in our rural area. I am advised that Joel and the rest of the team enjoyed the tough competition and learnt from the whole experience. Sadly, they did not win any games but I know these young men would have done the Northern Territory proud. I congratulate Joel and the rest of his team mates. We look forward to hearing their names mentioned in glowing terms in the future.
On 4 March, I was proud to be one of the many hundreds of people throughout the Northern Territory who participated in the local Clean Up Australia Day events. Last year, I participated in the Adelaide River clean up, so this year I attended the Batchelor clean up which was attended by 30-odd people. This was a great turnout for a Saturday morning and groups eagerly dispersed around the town, along the Litchfield Park Road and the Batchelor Road towards the Stuart Highway. Although we cleaned up quite a lot of rubbish, by all accounts it was less than the previous year which shows the increasing pride the residents are having in the presentation and image of their clean and green town.
I was fortunate enough to team up with a young lad, Harley Walters. Harley would only be about 13 years old, but he enthusiastically got stuck into his work. I thank the Coomalie Community Government Council and, in particular, Lisa Wain and other staff for their organisation of the event.
I would like to thank and acknowledge the following people who participated in clean up day at Adelaide River: Lisa Wain, Col Wain, Gavin Webb, Clifford Webb, Darcy Webb, Tim Howard, Chris Howard, Ian Fox, Linda Douglas, Kane Douglas, Harley Walters, Sue Bulmer, Sirpa Hopf, Andrea Hopf, Dean Hopf, Rob Lewis, Richard McHale, Richard Skinner, Therese Balanzategui, Steve Pocock, Kelsey Pocock, Wendy Leach, Michael Leishman, Susan Munro, the Ballantyne and Bat families, Kirsty Cunningham, Megan Cunningham and Charmaine Cunningham.
Mr Acting Deputy Speaker, I would like now to talk about a recent trip I made through my electorate. I visited areas on the Western Australian border through to Timber Creek. I firstly visited the Keep River National Park and, in particular, the park rangers at their Ranger Station. I would like to thank rangers Cameron Sharpe, Ross Nowland and Lauren Muenchow for their time to sit down, have a cup of tea and discuss developments in the park and the future needs. I was told about a future platform being constructed this year at Nganalam art site, the upgrades and erosion control at Jarnem walk and the campground, and also another walk upgrade at Jinumum which will take the track up the side of the escarpment. I am encouraged by the work that has been done, but there are great future opportunities that we, as a government, must grasp. I look forward to being joined on another trip by the minister to talk about these opportunities. This is a great park, a unique landscape, virtually untouched and ready for every Territorian to discover.
From Keep River I travelled to Newry Station where I met Aggie, Anna and James who was the head stockman and goes by the name of ‘Choco’. The station manager, Rod McColm and his wife, Alison, were away at the time, but I was more than adequately accommodated by his staff. I do not know what it is about cattle stations, but the energy and life that you see in the people who work there is amazing. Newry is a highly productive Consolidated Pastoral Company station. It holds over 20 000 head of cattle and, last year, it exported 8000, and plans this year to double that export. I would like to thank Aggie, Anna and ‘Choco’ for the lunch they provided. I look forward to coming back for another visit during the Dry Season when they are actually mustering.
My next stop was Kildurk Station and the Mialuni community. I met the school principal, Reg, his wife, and the students. The school has had its ups and downs since a local key elder, who had been advocating the school, died last year. I hope the issues can be worked through, because the school is a great facility.
I would like to thank Duncan Bero and Sammy Humbert for their time and conversation. The station is starting to move ahead but needs to go a lot further. Kildurk Station was a jewel in the Durack pastoral crown. It is great cattle country, and I hope the full holding capacity is created soon. This will bring greater financial returns for the community and more real jobs.
I was able to visit a third cattle station that day, Auvengne Station. I was unable to meet with Allan and Ros Andrews, the management couple; however I did spend some time discussing a range of issues over the back of a Toyota tray back with a station hand Russell ‘Rusty’ Cook. Rusty discussed issues relating from the continued maintenance of remote health, the continued support for the fight against weeds, problems with crocodiles taking cattle, the plagues of wallabies which have infiltrated the cattle station, the need for more stock inspectors, and the need to help with the numeracy and literacy of young Aboriginal blokes coming from Bulla camp who have been working at the cattle station for a number of years.
I applaud the Consolidated Pastoral Company properties for their positive attitude towards attracting and keeping these young Aboriginal men on their stations. These boys are natural stockmen, and I know they enjoy the work. I am still chasing a number of those issues that Rusty raised, and I will be getting back to him.
On 7 March, I travelled to Grove Hill where I met owners and publicans, Mary and Stan. They have owned the property for five years. Mary and Stan used to run a number of tips in Darwin. Mary related to me that one day Stan came home and said that he had decided he wanted to buy a pub. So they bought Grove Hill in 2000. They have done a great job with this pub; it is very unique. I encourage travellers on the Stuart Highway to give themselves an extra few hours to take the detour to Grove Hill. They will not regret it. If you are lucky enough to be there on the last Saturday of each month, they have a free barbecue and I am sure you will enjoy it.
From Grove Hill, I travelled to Brocks Creek Mine to visit staff from GBS Gold, which has taken over the old Northern Gold mineral leases and the Union Reef mill outside Pine Creek. I would like to thank Peter Harris, who gave me a tour of the Brocks Creek Mine and an update on the mining developments which are due to start this year. Peter is another Territory story; a person who came here for a visit and now he has a property in the Darwin rural area and he calls the Northern Territory home.
Another couple who have moved to the Northern Territory are the new owners of Hayes Creek Roadhouse. John Womald and his partner, Rebecca, have owned the roadhouse since November last year. I was delighted to hear of John’s plans to upgrade the car park area, install playground equipment, and extend the shade area for visitors. My children will certainly be waiting for the playground equipment to be built. I am sure the pressure will be on me to stop at the roadhouse every time I travel between Darwin and Katherine. Interestingly, Rebecca is a track horse trainer. I hope to see her services being utilised at either the Pine Creek or Adelaide River race tracks.
I visited the Douglas Daly Research Station not long after that. I met with Peter O’Brien who is the manager, and also members of his staff. Peter was generous enough to give me a tour of the facility. He explained the trials that they are conducting on improved pastures, and their cattle breeding. The research station is having a district farm walk which involves, basically, getting in a bus and travelling around the stations within the Douglas Daly area and seeing what different station managers are doing. That will be happening on 12 April. I hope the minister for Primary Industry and I will be able to attend.
We have some new owners at the Douglas Daly Tourist Park - Jim and Lindy Taylor. They moved from Byron Bay. They certainly got stuck into improving the property at the Douglas Daly. I have a number of issues to chase up with them, all about developing the area. I believe they will do a great job.
On Friday, 10 March, I travelled with the minister for Education to Wadeye community for the Year 12 class of 2005 graduation celebrations of the Lady of the Sacred Heart Thamarrurr Catholic School. This was a momentous occasion and not just a normal Year 12 celebration – it was the first Year 12 celebration. The school has operated for many years from the 1950s and 1960s, when I think it started out on its current site. This is the first time any student has ever graduated from the school. It was certainly a momentous occasion. We were welcomed by the co-principals, Tobias Nganbe and Ann Rebgetz. Ann, as I have mentioned before, has just started at the school.
We had an acknowledgement to country by Theodora Narndu, who is a very prominent, strong Aboriginal lady from Wadeye. The graduates were danced in by the three ceremony groups; the Tjarnpa, Wurlthirri and Lirrga groups. They were danced in by their families. The Tjarnpa group provided a song for us. After that, there were some reflections by a number of people about the journey that the students have had to get to the point of graduating. They were provided by their teacher, Emma Connellan, and Theodora, who was the parent. Theodora’s daughter, Barbara, was a graduating student. It was certainly a good perspective of reflections that they provided. It was great to hear the sincere and encouraging words from the minister, Syd Stirling, about the occasion. He was certainly proud to be there, to witness the first graduation of any students from the OLSH School at Port Keats.
I was truly honoured to be there with him and proud of those girls - because they were all girls. There were only seven of them, but they are the first girls. They are role models now. They were: Suzanne Dodd, Barbara Narndu, Bernadette Munar, Damiscene Narndu, Freda Bunduck, Claudette Bunduck and Dorothy Kintharri. They will always be remembered and, hopefully, we will get a lot more coming through. School always has some challenges. I hope to be working with them in the future to meet those challenges and, next year we will be celebrating more Year 12 students, and an increased enrolment.
Ms McCARTHY (Arnhem): Mr Acting Deputy Speaker, I want to talk about a recent trip I took throughout my electorate of Arnhem. I had the pleasure of taking the Labor Senator for the Northern Territory, Trish Crossin, and her staffer John Prior, with me. We travelled to a number of communities over a week.
We first went to Bulman by charter with Direct Air. We spent some time there and were able to go to the school and talk to the principal, Annette Miller. The Senator had the opportunity to have a look at what was happening at Bulman School and Annette was able to talk to us about where they are positioned. As I have already said before in this parliament, one of the exciting things is the attendance rate at this school. It is such that, for the secondary level of students, they have 13-, 14- and 15-year-olds now staying at Bulman and have had to set up a temporary classroom in the staff room. We know we need to look at what is happening at Bulman. While that is exciting, we want to see if we can accommodate those students in a more appropriate surrounding.
Lazarus Murray was there. He is Bulman council’s chairperson. It was great to see Lazarus. Quite a number of the community turned out to meet the Senator. I would just like to mention a few: Karen Murray, Joanne Forbes, Nancy Murray, Brett Fordham, Shantelle Miller, Lloyd Murray from Bulman, and from Weemol, which is not too far from Bulman, George Jungawungu, Johnny Daly Water, Maggie Chikkappa, Faye Chadum, June Jolly, Phillip Ashley, Robert Rickson Snr and Spencer Martin.
We had quite a time at Bulman and the Senator was certainly able to gain a good insight into what was happening educationally. One of the big things that still seems to be raised, as we go around, is the concerns with their Indigenous Coordination Centre, the ICC. Bulman residents had an opportunity to express their deep concern over their feeling of disempowerment with federal government funding and federal initiatives that are just not reaching on the ground in Bulman.
From there we travelled to Ngukurr and were met by David Shoebridge, the acting CEO at Ngukurr. We thank David for his hospitality taking us around. We had a chance to see the council. David Daniels, who is the chairperson, spoke to us in depth about the concerns at Ngukurr. I thank Bobby Nungumadjbarr, Daphne Daniels, Andrew Roberts, Kevin Rogers, John Rogers and Donald Blitner, also on the council, who attended to talk to us about the concerns that they have in regards to Ngukurr council and the community. That issue was also of the ICC and its absence in shared responsibility agreements that the federal government is so proudly speaking of and advocating across the country. It definitely is just not working and happening on the ground out there.
From there we went to talk to Graeme Matthews, the principal at Ngukurr School and his wife, Denise, who showed me some hospitality while I was there. Graeme spoke passionately about what was happening at his school and we were able to have a look at the classrooms. There is absolutely good news about the attendance rates of children; the numbers are rising dramatically, so much so that there are not enough desks to cater for the students. One classroom, in particular, has 29 students and only 22 desks. These sorts of things both the Senator and I and John Prior took note of. When we were looking at the senior school, again, there is good news because young people are staying on in the community and they are going to school because they have the secondary component there. Resourcing is an important factor that I know the Northern Territory government is very conscious and aware of how we have to catch up with that. This is the result of the good programs that are occurring under the Northern Territory Labor government and, as a result, we are being inundated by all the children who should be and are at school. We need to keep up with that.
We had the chance to speak with Batchelor College students. Sandra Darcy runs Batchelor College at Ngukurr. The students there spoke quite passionately about housing, in particular, and how it was not available; there was not enough housing. We heard first-hand from them about their concerns. They spoke a fair bit about sports, especially women’s sports. These are some of the issues that I will take back to our youth and sport committee; that of women in Ngukurr wanting support for their basketball competition that is happening.
We went along to the Yugul Mangi Women’s Rangers. Cherry Daniels runs the rangers program. She is an amazing woman, an absolute inspiration to all women everywhere. She runs a troop of eight to 10 women who travel in their troop carrier and their boat on the Roper River checking if there are problems or if people need help. They are also very aware of the concerns with illegal fishing and are the eyes and ears, if you like, of Coastwatch when illegal activities occur that are of deep concern to the community. They do not have enough support. They would like a bigger boat and some more vehicles. They are looking at getting two quad bikes because that is a way they can go out bush and keep an eye on some of the areas that they do need, such as the camping hot spots around the region. These women are absolutely inspirational: Felicia Dingul, Jill Daniels, Julie Roy, Callas Tapu, Lewana Daniels, Grace Daniels, Edna Nelson, Julie Nelson, Meray Nelson, Valmay Roberts, and Marian Roberts. They are the women of the Yugul Mangi Women Rangers. The Senator gained a real insight into what was going on with the community.
We travelled from Ngukurr to Numbulwar, and I thank Mark Gardiner and Samuel Ngalmi. Mark is the CEO at Numbulwar Council and Samuel is the president. I thank them for the hospitality and for transporting us around the area when we were in Numbulwar. We went to the Numbulwar Homeland and were able to meet with quite a number of the outstation representatives. I would like to thank Andrew at Numbulwar Homelands for arranging for us to meet with mimi Henry Nungumadjbarr, Bobby Miniyiowan, Wilfred Nungumadjbarr, Don Nundhirribala, Moses Numurrudirdi and also Bob Burrows who is a worker at the homelands. They were all very concerned about the federal government’s moves to take away from the homelands people. Only last year, the former federal Aboriginal Affairs minister said that outstations of fewer than 50 people were just not going to be supported. These people who met with both the Senator and me in Numbulwar expressed grave concerns for their outstation movement and for all the things that they have done. They also raised many questions about the federal government’s planned amendments to the Aboriginal Land Rights (Northern Territory) Act 1976. We spoke quite in depth about those issues, raising also the fact that it is still an unknown; there are many variables. They were very relieved to hear what Senator Trish Crossin had to say regarding federal Labor’s position; that is, that federal Labor is supportive of traditional owners, and wants to know what they think about all these things.
We then went on to Numbulwar School, where there are some great things happening. I would like to mention the names of the women in Numbulwar who are involved with the revitalisation of the Numbulwar language in the school. It is quite exciting; they developed their own programs and teach it to the children. The Senator and I again gained insight into what was happening - quick though that was. The people there are: Susan Murrungu, Jangu Nundhirribala, Madhulugu Nundhirribala, Colleen Murrungun, Faye Manggura, Leonie Murrungun, Mawugumayn Nundhirribala, Dhalajrra Nundhirribala, Dilimbi Nundhirribala, Jessie Nundhirribala and Edwin Rami. These are the women, along with Edwin, who spent some time with us just to go through why it was important for them that language was being taught in the school.
From there we went on to Bickerton Island. I pay special tribute to the schoolteacher on Bickerton Island, Tryna Deslandes who does an amazing job with 25 to 29 students on the island who range from the age of five to 15. Tryna is the only teacher, and she looks after all these age groups as well as being principal, and does the breakfast and the lunch. It is quite extraordinary, the amount of work that is placed on this one person. I will be looking to request that the position for teaching at Bickerton Island goes back to a two teacher school – it is too much. The amazing work that Tryna does should not be taken for granted. She is going on study leave as of June, and I encourage support for Tryna by having a relief teacher working out there supporting her in the next term, and making sure that that position is maintained at the current level. For any future teachers who wish to go to Bickerton, it is great. It is a beautiful island and there are lots of things to do. I know that Tryna will have very encouraging words for any prospective teachers who wish to go there.
From there we flew on to Groote Island. A huge thank you to Graham Phelps who took us around most of the time we were in Groote Island. Graham was certainly a source of inspiration for knowing what was happening in the region, but also valuable in transporting us everywhere. By this time, we had travelled quite some distance and were feeling a little tired. It was great to have Graham to give us that support.
We went to the Anindilyakwa Land Council and I thank Tony Warramurra and Walter Amagula for spending time with me, the Senator and John Prior, to let us know how they are going. There are some exciting plans at the ALC, with their tourist venture for the area of Alyangula. I wish them well.
Then we went on to Umbakumba School. The teacher there, Darren Pitt, is making headway in reviving the school environment since the unfortunate incident late last year against a teacher. I say thank you to Darren and his staff and students for the lunch they provided and the chance to talk about issues that are important to Umbakumba. The issue of teacher housing in the community is an issue I will pursue vigorously on behalf of the teachers wanting to live in Umbakumba instead of travelling from Alyangula. This is something I am acutely aware of and have been for some time, and look forward to pursuing that on their behalf.
At the clinic, a big welcome to nurse Lesley Gay who has taken the posting Umbakumba Clinic. Lesley has arrived from Ti Tree and is looking forward to her time on Groote Eylandt. A big welcome to Lesley.
At Angurugu Council, the Senator and I had the opportunity to meet with the chair, Jabani Lalara. It is always a pleasure to see Jabani and Greg Arnott the council CEO. On this occasion, Greg was off island but I did catch up with him here in Darwin. To the councillors, Jonathon Nungamatbarr, David Durilla and Jackie Amagula, thank you again for your time and expressing your concerns about housing and the federal government’s planned amendments to the Aboriginal Land Rights (Northern Territory) Act.
In the evening, the Senator and John Prior and I were able to enjoy the company of many Alyangula residents at the Alyangula Recreation Club. A very special thank you to Jeff Wood and his staff at the Alyangula Rec Club. You always put on a great gig and you certainly did that night. We were there until fairly late in the night talking to as many people as we could and enjoying the time with residents on Groote Eylandt.
A big thank you to Morris Henry Higgins and Pauline Higgins for the breakfast we had before we flew out. We certainly had an amazing trip and I look forward to again taking Senator Trish Crossin down to south-east of Katherine next week to the Barunga/Beswick area and to Minyerri and Jilkminggan. We look forward to giving a follow-up report on that.
Mr NATT (Drysdale): Mr Acting Deputy Speaker, I had the extreme pleasure of attending a ceremony of recognition at Kormilda College on the 9 March. Kormilda is the first school in the Northern Territory to receive international accreditation from the Council of International Accredited Schools of Australia, or CIASA as it is known. The college, via the school council’s hard work and the previous principal Stephen Kinsella’s foresight, have been working to establish high performances in many areas of focus within the schools administration, facilities, teaching and boarding.
Members of CIASA in Australia visited the school, I understand, when the idea was first being formulated and instructed members of the council and staff on what aspects of the school had to be lifted. The staff and college council members worked extremely hard over a period of about two years to achieve the target set by the council. A group of 14 representatives from CIASA visited and observed several aspects of the college in late August last year. To the joy of the college, the representative group approved of the acceptance of the college into the CIASA family. Mr Richard Tangye, the Chief Executive Officer of the Council of International Schools presented Deputy Chairman of the Kormilda College Board, Mr Kevin Davis, with the accreditation certificate and congratulated the college on a job well done, and for the recognition of being the first school in the NT to receive membership of CIASA.
I would now like to read an excerpt of the speech that acting principal, Julianne Willis, read to the school assembly that morning:
very extensive counselling resources for students personal, physical, social, emotional and spiritual needs;
a priority given to the development of attractive and functional buildings and grounds.
I would like to congratulate the college on receiving this prestigious award, and also the dedicated efforts the council, staff, students and parents put into in ensuring their community received international recognition.
The accreditation does not stop at receiving a certificate, however. The school must maintain the standard set in years to come, and I am sure this will not be a problem for a dedicated community such as Kormilda. Well done. The Northern Territory is proud of your international acknowledgement. I, as a local member, look forward to working closely with the college in the years to come.
On Tuesday, 7 March, I attended a launch at the Palmerston High School for Palmerston Futures Student Sponsorship Scheme with my colleague, the member for Brennan. The futures program has been running for a couple of years and is strongly supported by the Beacon Foundation. I am sure you have heard of the Beacon Foundation. The foundation is a not-for-profit organisation which has a heavy focus on creating jobs for youth across Australia. Their financial support is funded by donations from local businesses, as well as large strong business communities around our country. It has been operating extremely successfully in several schools around Australia. The aim of the Palmerston futures program is to ensure that all Year 10 students chase a productive pathway and remain engaged in education, training or employment at the completion of their Year 10 studies.
It was extremely pleasing to see many businesses involved in the initiative. Several well-known business people from the Palmerston region, and as far as Winnellie and Darwin, attended the launch and placed their business names on the list to assist the students with their futures.
An initiative such as the futures program enables Year 10 students to start to focus on their future and their job prospects. The program provides: career advice to students; arranges careers talks to student groups; develops links between the high school and businesses to help students find work experience placements; seeks sponsorship from local businesses to support students in school to work transition processes; offers assistance with registration for school-based new apprenticeships; and organises a charter signing ceremony each year where students commit themselves to training, employment or further study over the next two years.
I am looking forward to the 2006 charter signing ceremony at the high school on Wednesday, 5 April.
I acknowledge the Principal of the Palmerston High School, Mr Chris Dias, for his conviction to this process. In particular, I would like to congratulate Mr David Maclean, the Assistant Principal of the senior school. David is the manager of the Palmerston futures scheme and has been the driving force behind the project. He is a very dedicated individual to the future of youth in the Palmerston area. It has been his hard work and diligence to chase sponsors and businesses to support the scheme. Well done, David, you are to be congratulated. I would be remiss not to mention the support of the Palmerston High School Council and, of course, the school staff. It is a wonderful initiative for the youth of Palmerston and their futures.
I had the pleasure a couple of weeks ago of attending a press conference with the Minister for Infrastructure and Transport at M&J Welding in my electorate suburb of Pinelands. M&J Welding received one of the largest steel fabrication contracts ever awarded in the Northern Territory. The contract was awarded by the Sitzler/Barclay Mowlem joint venture, which is building the Darwin convention and exhibition centre as part of the Darwin City Waterfront development. The multimillion dollar contract will result in large subcontracts flowing to other Territory businesses. I would like to congratulate M&J Welding which has won the contract to supply 1100 tonnes of structural steel for the convention and exhibition centre.
Mr Mick Dunne is the Managing Director and owner of M&J Welding. Mick has said he will subcontract to local companies such as OneSteel for steel supply, Precision Drafting, Norblast for painting, and R&S Riggers, as well as local transport and consumable companies. M&J Welding has supplied many of the big projects in the Territory including Robertson Barracks, the original Royal Darwin Hospital and its recent extension, the second stage of Casuarina Shopping Centre, and Palmerston’s Woolworths and Hub projects.
While at the launch, I also talked with Territory Manager of Barclay Mowlem, Mr Dick Guit. He said the joint venture had worked with M&J Welding on several large projects and he had confidence in the company’s ability to supply such development, which demonstrates the capacity of local businesses. He added that their combination of long experience, local knowledge and competitiveness makes companies such as M&J Welding invaluable partners with Barclay Mowlem. Congratulations to Mick and his staff on such a wonderful achievement.
Mick Dunne started his working life at the age of 15 in New South Wales as an apprentice steel fabricator. In 1970, he came to Darwin and worked at various jobs until Christmas 1974, then left for six months. He returned to work as a foreman for a steel fabricator shop in Winnellie, rebuilding Darwin houses for 12 months after Cyclone Tracy fixing smashed rails, stairs and house bearers so new houses could be built without having to replace the underlying structure. Mick then started his own business working long hours from the back of a ute and, from there, started a small workshop in Winnellie. The jobs got bigger as Mick developed a good name for himself in the structural steel fabrication business to a point now where M&J Welding is a recognised player in the construction industry in the Top End. Mick, well done and good luck with the job at hand. It is a great shot in the arm for your company and associated Territory businesses.
Last but not least, I was lucky enough to represent the Police minister in Alice Springs last weekend opening the 2006 Australian Police Golf Championships. The championship is an annual event that has been running now for about 40 years on a rotational basis between states and territories. The previous visit to the Territory was in Darwin in 1998. Alice Springs achieved a bit of a coup because the championships are normally conducted in capital cities. However, on this occasion, the Northern Territory Police Golf Club agreed for the event to be played in Alice. I praise the Northern Territory Police Golf Club for their foresight in the selection of the Alice Springs course. The course is rated 64th of the best courses by Australian Golf and, I understand, is one of the top 10 desert courses in the world.
I had the pleasure to squeeze in nine holes on Friday evening and enjoyed my first walk on the course. The fairways are very tight and do not suit a player such as myself who tends to spray the ball off the tee. I can assure the House that I saw a lot of red dirt, saltbush, rocks and the occasional kangaroo whilst searching for my errant ball. The course is in fantastic condition - an absolute credit to the staff of the course.
Just on 180 players from all around Australia registered to play for the week. Talking with several of them at the opening, they were looking forward to the challenges of the week and, of course, catching up with comrades. Many of the players brought their wives and partners and, while the gents were competing on the greens, the Northern Territory Police Golf Club arranged day trips for partners to very scenic spots in and around Alice.
Many sponsors supported the event and I acknowledge a couple: Lasseter’s Casino, Alice Springs Convention Centre, Imparja TV, the Police Credit Union, Red Centre Office Technology, Alice Springs Golf Club and Bojangles. The major sponsor, Asia Pacific Dunlop, has been the naming rights sponsor for the past five years and they need to be congratulated for their support of the event and the recognition they bestow on the police forces around Australia for the diligent hard work they undertake.
I take this opportunity to recognise Mr Terry O’Brien APM, the President of the Northern Territory Golf Club; Mr Bob Taylor, the Secretary/Treasurer; Rocky Barker, the captain; Superintendent Colin Haymon; retired superintendent Trevor Ball; and Philip Carr, the event coordinator. This committee has put many hours into the organisation of this event to ensure that our visitors had a great week in the Northern Territory; in particular, the Red Centre. Well done, gentleman. I hope everything goes well and thank you for the hard work you have undertaken to paint a great picture of this great Territory of ours.
Motion agreed to; the Assembly adjourned.
PETITIONS
Rescinding of Decision to move
Year 10 Students to Senior Schools
Rescinding of Decision to move
Year 10 Students to Senior Schools
Dr LIM (Greatorex): Madam Speaker, I present a petition from 194 petitioners praying that the decision to move Year 10 students into senior secondary colleges and schools be rescinded. The petition conforms with the requirements of standing orders. Madam Speaker, I move that the petition be now read.
Motion agreed to; petition read:
- We the undersigned, respectfully showeth our great sense of betrayal by the Northern Territory government and our dissatisfaction with the disregard it has shown for our desire to retain Year 10 classes in their current locations. Your petitioners do humbly observe that the government is not listening to Territorians’ concerns but instead is forcing the establishment of middle schools against our wishes. Your petitioners do humbly pray that the Legislative Assembly of the Northern Territory take the necessary steps to urge the Northern Territory government to immediately rescind the decision to move Year 10 into senior secondary colleges and schools.
Year 10 Student Enrolment at
Casuarina Senior College
Casuarina Senior College
Mr MILLS (Blain)(by leave): Madam Speaker, I present a petition from 2307 petitioners relating to enrolment of Year 10 students at Casuarina Senior College. Madam Speaker, I move that the petition be read.
Motion agreed to; petition read:
- We the undersigned call upon the NT government not to allow the enrolment of Year 10 students at Casuarina Senior College because: CSC has a proven record for achieving excellent outcomes for students in Years 11 and 12 including the best Year 12 results in the NT; CSC students appreciate and respond positively to a mature learning environment; CSC gives parents and students a choice of the college exclusively for Years 11 and 12; CSC students are accredited with outstanding personal achievements; and CSC is very successful because it is unique as a senior college.
Year 10 students would change the culture, learning environment and require additional taxpayers’ money for more resources and facilities. The benefits of CSC remaining as a college for Years 11 and 12 students outweighs including Year 10 students.
RESPONSE TO PETITION
The CLERK: Madam Speaker, pursuant to Standing Order 100A, I inform honourable members the response to Petition No 7 has been received and circulated to honourable members. The text of the response will be included in the Parliamentary Record.
- Petition No 7
Palmerston 24-hour emergency medical service
Date presented: 19 October 2005
Presented by: Mr Mills
Referred to: Minister for Health
Date response due: 28 March 2006
Date response received: 28 March 2006
Date response presented: 29 March 2006
The provision of medical services (including after-hours) is important to government and initiatives are continually being monitored to ensure that we provide the most effective health services possible.
Following a trial period, the Northern Territory government ceased the overnight (10 pm to 8 am) medical service at the Palmerston Precinct in 2001.
The review of this service identified that the service was underutilised with usage tapering off dramatically after 10 pm. It found that the overnight service was not sustainable in terms of both throughput and cost. The decision to close the overnight service was supported by the medical practitioners who provided the service and the Top End Division of General Practice.
There are now a total of seven general practitioner (GP) services in the Palmerston/greater Darwin area. Clients are able to access after-hours GP services from four of these practices during the following times:
three practices open in the mornings on Saturdays, Sundays and Public Holidays (9 am to
12midday/10 am to 12 midday); and
one practice opens on Saturday afternoons (1 pm to 4 pm).
- In addition, the government continues to provide a subsidy for the provision of a GP service between the hours of 6 pm to 10 pm daily at the Palmerston Health Precinct. This is the only GP practice in the area that receives government support.
I should, however, take a moment to emphasise that the primary responsibility for the provision of GP medical services (including after-hours) lies with the Australian government and, with this in mind, I continue to advocate for the development of sustainable GP models appropriate to the needs of the Northern Territory.
MINISTERIAL REPORTS
Creation of Regional Economic Committees
Creation of Regional Economic Committees
Mr HENDERSON (Regional Development): Madam Speaker, today I update the House on the creation of new regional economic committees as part of the government’s ongoing commitment to driving economic development in the Territory’s regions.
The Northern Territory is in the midst of what Access Economics describes as ‘turbocharged’ economic growth. The Martin government knows that economic growth in our regions is central to the long-term sustainability of strong economic growth across the Territory, and it is one of our long-term challenges. The view was supported by the Territory’s business and community leaders at the Economic Development Summit last year.
In 2003, five regional development boards in Katherine, Central Australia, Darwin, East Arnhem and Barkly, were established as part of the government’s Stronger Regions, Stronger Future strategy. I would like to take this opportunity to pay tribute to the Territorians who have served on these boards. Last year, independent consultants, Stanton Partners, conducted a review of the administrative arrangements, management and status of these boards to ensure they were aligned with the needs and wishes of communities; that is, a review to ensure the boards were best meeting the needs of the regions they represented.
The Stanton report recommended a more effective framework for delivering regional economic growth was to focus on communities of interest rather than broad geographic regions defined by administrative centres. Communities of interest are defined as regions or subregions based on common purpose, identity, geography, issues or challenges, capacity to achieve economies of scale and the achievements of outcomes, and shared objectives and goals.
In response to this recommendation, the government is replacing the former regional development boards with new regional economic committees based around the communities of interest to allow for a more focused effort to drive economic growth and deliver job opportunities for Territorians living in the regions. Whilst the final make-up of the regional committees’ zones will be determined in consultation with local communities, it is proposed regional economic committees will be established for Alice Springs, East Arnhem, West Arnhem, Tiwi Islands, Katherine, Anmatjere/Alyawarra, West MacDonnell, Tennant Creek, Groote Eylandt, Daly River, Nitmiluk, the Gulf, Tanami and Victoria River.
The regional committees will play a key role in determining the economic priorities for their region in government decision-making and spending, with direct access through me, as minister, and individual government agencies, to better ensure that government policies and plans reflect the aspirations of the regions. These committees will also play a central role in the developments and roll-out of economic development plans to drive jobs and business opportunities for these regions.
By focusing on smaller geographic areas, the committees will really be able to identify the issues important to their region, challenges that need to be addressed, and the opportunities for development. In the West MacDonnells, for example, that may mean industries such as tourism, issues such as infrastructure; while mining and pastoralism may be a focus for the proposed Daly River committee.
The committees will be made up of community, business and government representatives and, I have no doubt, the success of these committees will depend in a large part on the determination of committee members to see their region move ahead. I am encouraging all Territorians interested in playing a part in driving the economic future of their part of the Territory to consider nominating for the new regional economic committee in their region.
Madam Speaker, sustainable economic development in the Territory’s regions is one of our long-term challenges. The Martin government is committed to driving economic opportunities for all Territorians, no matter where they live. I look forward to working with the new regional economic committees to deliver long-term benefits for the Territory, and to present more statements to the House in the future.
Mr MILLS (Blain): Madam Speaker, the opposition welcomes the report. It goes without saying, particularly for those who are living in urban environment communities, how important it is to get outside of the centre of our own high population areas and understand the on-the-ground needs of those who live remote from the centre, wherever that may be. The aspirations of those hardworking Territorians need to be understood and capitalised on. Therefore, the description of a new structure to do that is noted. What is of importance, though, is the outcome that would result from this new structure.
I ask if the minister could give reference, in his reply, to the proposed ways that any development and growth within the regions could be measured. How can we gauge improvement and strengthening of regional economies? One way, of course, is what we see go across our port. How is that trending regarding primary industry’s production and also, with what is coming from the mining sector? That is one way we can measure what actually goes across the port that relates to activity within the region, particularly in agriculture and horticulture.
These issues are important; that we are able to measure that economic improvement, are able to understand the aspirations of those who live remote from high populations, and the bureaucracy can tone down their language and be in step with the aspirations of those who struggle out there away from high population centres. I support the statement and look forward to further progress reports.
Mr WOOD (Nelson): Madam Speaker, I also welcome the report. I believe that this is an important issue on which, perhaps, a statement is made. It is very difficult to reply to a report that you have only just heard the minister make. It is an area that is very important to the whole of the Northern Territory. I believe that Regional Development did come under the Local Government area before and now it has been transferred to DBERD. Does that mean the government now has a different agenda from previously, which I believe was Regional Development plus amalgamation of councils and local government? Or has it dropped that concept, and moved to a different approach?
I welcome the report. I believe that we could benefit from a statement on the subject so that we can spend more time debating and researching this issue. I am interested in the minister’s comments.
Mr HENDERSON (Regional Development): Madam Speaker, I thank members for their positive comments. Yes, I do intend presenting a statement within the next couple of sittings on this issue. However, it is important to get the new structure in place.
In regards to the splits that occurred in the administrative arrangements, my colleague, the member for Barkly, is still the minister responsible for capacity building and governance issues across our regions. We are working very closely together. The Chief Minister has tasked me, as Minister for Business and Economic Development, to drive economic development and jobs growth through the regions.
I agree with the member for Blain. We have to focus on outcomes, and we are going to do that at a number of different levels. At the moment, my department is putting together regional economic profiles, industry sector by industry sector, across the regions of the Northern Territory, of how many people are employed in those sectors. I will be looking at specific projects and investment opportunities. I agree, we have to be focused on outcomes. I am focused on outcomes. I will be bringing a statement forward within the next couple of sittings.
Publication of Flora and Fauna
of Jawoyn Region
of Jawoyn Region
Ms SCRYMGOUR (Parks and Wildlife): Madam Speaker, I am proud to be able to share today with all members a beautiful book that has arisen from a 16-year joint research project. The Jawoyn plants and animals book is, essentially, an encyclopaedia of Aboriginal flora and fauna knowledge from the Nitmiluk National Park and the wider Katherine region. The book records the Jawoyn plant and animal names for almost 600 species, and is illustrated with stunning photographs.
Jawoyn cultural traditions are embedded in the land, the plants and animals and in the language that describes them. Traditional knowledge systems link country with all that live in it, through the passing of the seasons and the various ecosystems that make up the land. Cultural knowledge is generally carried orally, and senior Jawoyn members are very concerned about the loss of traditional knowledge. In this book, we have an affirmation that at least part of the Jawoyn culture has been captured in written form for all to appreciate and enjoy now and in the future.
Since the research began, three of the senior Jawoyn authors have passed away, which demonstrates the fragility of this traditional biological knowledge.
This book also combines traditional knowledge and western science. As the late Bangardi Lee said in his foreword to the book: ‘If you think of some of the Jawoyn words which are hard to pronounce, just try their Latin equivalents’.
The project began at the request of a deceased senior Jawoyn elder, Peter Jatbula, who saw it as a first step in joint management between the Jawoyn people and Parks and Wildlife. The project was a collaboration between Jawoyn elders and an ethnobiology project in Parks and Wildlife, with the support from the Jawoyn Association, the Diwurruwurru-jaru Aboriginal Corporation and the Australian National University.
I make particular mention of Glenn Wightman of Parks and Wildlife who has worked closely for many years with the old people to put their knowledge down on paper. While the book began in 1989, it also includes research from the 1970s undertaken by Jawoyn elders and linguist, Francesca Merlan.
The book represents the essence of joint management between traditional owners and the Northern Territory government by bringing together western scientific knowledge and the Jawoyn traditional knowledge for the benefit of future generations. As well as an explanation of Jawoyn seasons, language and history of Jawoyn country, the book contains fascinating insights into the traditional uses and stories of plants and animals used by Jawoyn people. Much more than a straight catalogue of species, it highlights links between calendar plants and certain animals. For example, when the conspicuous yellow kapok has flowers, it indicates to Jawoyn people that the secretive freshwater crocodile is laying eggs. These eggs are an excellent food if collected and eaten. The book also reveals the use of plants and animals as medicine. Large nests of green ants, for example, can be used as medicine to treat headaches and colds. It can also be used as a drink or a wash.
Plant and animal interactions in a spiritual sense are also covered. For example, for Jawoyn people, the pheasant ‘sings’ the bush cucumber to get round and fat in the Wet Season with its repetitive and resounding call. In a sign of the times, the book even includes feral and introduced species such as the cat, donkey and, most recently of all, the cane toad. Many introduced animals have well-established Kriol names.
Madam Speaker, this book will be sold by the Jawoyn Association and the Department of Natural Resources, Environment and the Arts at Nitmuluk, Katherine and Palmerston. This is a delightful and useful book and it should be part of the collection of everyone interested in indigenous knowledge of our country.
Ms CARNEY (Opposition Leader): Madam Speaker, I was getting a bit worried as the minister was getting through her statement about where the book was. I am very grateful that it was delivered in time.
The opposition is supportive. I know books like this have been done around the Territory over many years. Both governments have done work on it. We join with you in commending this publication and also congratulating those people involved.
Mr WOOD (Nelson): Madam Speaker, I congratulate the Jawoyn people for producing this book. I have spoken of this before. I have no hesitation on speaking again about it. It is a wonderful book. It is a book that both indigenous and non-indigenous people can learn from because it gives knowledge in both directions. That is really important today. One of the great things in the last few years, is the wider understanding of the uses of many of our native plants and animals that indigenous people use. Therefore, we just do not look at them as a plant with a botanical name, we now understand that these plants and animals have much wider uses in indigenous society. It is great that people in the wider community now have such books as this available. As you said before, minister, there is also a Tiwi book, similar to this. That does help, especially when we are talking about Harmony Week. This is a practical example of Harmony Week.
I hope that it is for sale at places like the Nitmuluk Information Centre. It is important that visitors going there can pick up a book like this which they will find a very practical use for. You mentioned a range of plants and animals, minister. You perhaps left off my favourite one, the pussy cat. If you read it carefully - people did have a concern about feral cats in the Northern Territory, then they need to look at Jawoyn traditional method which is to actually eat the cat. They said, when it was roasted, it was quite nice to eat. However, they did carefully state the fact that only wild feral cats were eaten, not pet cats. If those people out there who were a little worried about their pet pussy cat being eaten, I say do not be alarmed; we are only trying to get rid of those cats that we do not need. It is a great book. I congratulate all the people involved.
Opal Fuel in the Territory
Ms LAWRIE (Family and Community Services): Madam Speaker, I provide a report to further update the House and the roll-out of Opal fuel across the Northern Territory.
During the February sittings of parliament, the Senate inquiry into petrol sniffing was conducting hearings in the Northern Territory. At the time, I outlined to the House the position of the Northern Territory government in relation to the roll-out of Opal, the non-sniffable fuel that has been developed by BP and rolled out across the communities by the Commonwealth government. I congratulated both BP for developing the fuel and the Commonwealth for the work they have undertaken to date in getting Opal into communities.
However, we think it is time to take the next step. Rather than just providing Opal in individual communities, it needs to be comprehensively rolled out across regions prone to petrol sniffing. It needs to be rolled out across Central Australia, including Alice Springs. This was the essence of the Northern Territory government’s submission and the Alice Springs Town Council’s position, along with several other stakeholders and NGOs in the sector.
The results of the inquiry have not yet been handed down but, if it is to be reflective of the submissions and the hearings, then it must recommend a regional roll-out of Opal. If sniffable fuel is removed from the regions around Alice Springs but not in Alice Springs itself, then the roll-out is compromised. Alice Springs is a hub and any potential migration of sniffers to Alice does not help the sniffers and it does not help the people of Alice Springs.
As the Minister for Local Government outlined yesterday in his report on the town camps task force, there is already some anecdotal evidence that there is an increase in sniffers in and around Alice Springs. We need to be cautious in attributing any rise in petrol sniffing in Alice Springs simply to Opal. The numbers of sniffers has often fluctuated in Alice Springs since before Opal was around. However, commonsense dictates that if Alice Springs is the only place in the region with sniffable petrol, then the sniffers may well come.
Since the inquiry was held, Access Economics has released a report that is a cost benefit analysis of a comprehensive roll-out of Opal. The report noted that the single biggest hurdle to Opal being truly effective is its proximity to regular petrol, and the comprehensive roll-out must include urban centres such as Alice Springs. Access Economics found that last year, petrol sniffing cost governments $78.9m through disease burden and strain of the health and justice system, and rehabilitation costs. They concluded that a comprehensive roll-out of Opal could lead to annual savings of $25.1m. Additionally, the study also found that when the value of a healthy life was taken into account, this would lead to an additional $27.1m annual nett economic benefit. The cost of the roll-out would be $26.6m.
In other words the question is not how much Opal costs, but how much it saves. Pleasingly, the Access Economics report referred to the Northern Territory government’s fight against petrol sniffing and that our Volatile Substance Abuse Prevention Act has the potential to make a significant contribution in the fight against petrol sniffing, and emphasised that the roll-out of Opal would complement this legislation and our rehabilitation programs.
We all understand the creditability of Access Economics. This is a very comprehensive report that looks at all strategies and interventions in relation to petrol sniffing. The report points out that Opal alone is not the solution but, as we have been saying, there can be no solution without it.
Madam Speaker, I table the report and recommend it to every member of the House. I have heard the Leader of the Opposition suggest that a roll-out of Opal into Alice Springs would be too expensive. However, I am aware that she made these comments prior to having the opportunity to read the Access Economics report. I recommend that the opposition reads the Access Economics report and gets 100% behind the comprehensive roll-out of Opal. It will help the sniffers affected, and certainly help the community of Alice Springs.
Dr LIM (Greatorex): Madam Speaker, petrol sniffing is a scourge that has come upon our community. Nobody can dispute that we have to try as many ways as we possibly can to address this issue. The roll-out of Opal causes a lot of debate in Central Australia at this point of time. Obviously, there has been no agreement within the Alice Springs community as to whether that is the right thing to do.
What is more important, I believe, is this government needs to address the trafficking of sniffable petrol. That is the main cause of the problem. While the Substance Abuse committee is looking at the underlying causes of petrol sniffing, the other side of the coin is that there are many senior people trafficking petrol to the young sniffers. Until we get very firm and prosecute people who are caught trafficking petrol, I believe the problem will continue to occur in Central Australia.
I will not speak more about the underlying causes; we have debated this at great length in this Chamber. The government needs to be firmer with petrol sniffing. Tipping out alone is just not enough; there needs to be stronger legislation about petrol sniffing and, more importantly, strong legislation to prosecute every person who is found trafficking petrol. There can be Opal petrol right across Alice Springs but, to get the other petrol, they can go to Ti Tree, Wycliffe Wells, Wauchope, Tennant Creek or Katherine - and it just goes on. You have to stop the movement of sniffable petrol to the children. If we can do that, then, I believe, we will have an effective way of stopping it. Otherwise, just rolling it out in Alice Springs alone is not adequate.
Mrs BRAHAM (Braitling): Madam Speaker, yes, petrol sniffing is a scourge and, yes, we should be trying to find solutions for it. However, saying that we are going to put Opal across Alice Springs is a fairly simplistic view and is not recognising the fact that we have a very mobile, transient population. What are we going to do - put something at the border coming from South Australia? To every tourist who comes along with their caravan say: ‘Empty your fuel out’? It is too simplistic. You have to look at the reasons for petrol sniffing. You have to understand that people are already changing their habits. They are experimenting with the Opal to see if they can add something to it to get a high. They are looking at glue and nail polish for the girls.
Banning petrol and putting in Opal will not solve your problem. That is the sad part about it. You have to look at the lifestyle and why they are doing it. Your VSA legislation has turned out to be so complicated, when we look at the regulations and guidelines. I am not quite sure whether you are going to get the cooperation of communities to implement what you are hoping to do. In a way, to say we will make Opal available in Alice Springs only is a very simplistic look at a huge problem. It has complications for people right across the Territory, not just the Centre.
Are you going to put it in Darwin, as well as the other regional centres? Are you going to ban it on pastoral properties which use it also? Let us face it; it is an enormous task. You have to start looking at education, lifestyle, and services on communities, to make sure there are other reasons for people not to sniff petrol. You have to have a look at the consequences, if you do this, of the whole picture of the tourist industry and the transient population in Central Australia and the effect it will have on them.
Ms LAWRIE (Family and Community Services): Madam Speaker, I thank the members opposite for their support of the action the government is taking to address the scourge of petrol sniffing. I pick up on the shadow minister’s comments. I can assure the shadow minister the government is very serious about being firm with traffickers. That is why we have harsh penalties in our legislation that we have introduced - the first legislation of this nature in Australia with such harsh penalties. I compliment the work done by the minister for Police and, indeed, the police in Central Australia. They have a specific task force there, which has been very proactive in chasing down the issue of trafficking. I can assure you the government is extremely serious about tackling the traffickers and pursuing them through the courts with the harsh penalties we have put in place in the legislation.
I agree with the member for Braitling; you do have to look at the underlying causes of petrol sniffing. The government has shown, since 2001 when it came to power, that it is very serious about improving the life and the opportunities for people in remote Northern Territory, and that we are a government for all of the people of the Northern Territory. We are improving the living conditions and education in the bush.
Madam SPEAKER: Minister, your time has expired.
Multicultural Policy – First Report
Mr VATSKALIS (Multicultural Affairs): Madam Speaker, this morning I had the very great honour to be able to open the sittings with a representation of our Lord’s Prayer in Greek, my first language. I would like to thank you, Madam Speaker, for acknowledging one of the major ethnic groups of our Northern Territory community, the Greek community, which has made major contributions to our local business and community enterprises.
The Northern Territory is, essentially, a multicultural, multilingual and multi-faith community. We are all proud to say that, on the whole, we are a community which is more than tolerant; we strive to be accepting of each other in our differences. However, racial harmony, cultural and religious tolerance can all be fragile concepts which cannot be taken for granted.
This government is committed to pursuing the age of multiculturalism. The report I present is, in fact, the first annual report of the Territory’s first multicultural policy, Building on the Territory’s Diversity.
As honourable members would be aware, this innovative multicultural policy was launched in February 2005. The policy sets in place a framework for government actions and activities to become more coordinated and coherent. It sets in place four clear principles which government agencies must demonstrate programs against. The four principles are: valuing diversity; fair access; encouraging participation; and mutual respect.
The annual report outlines initiatives that have been undertaken by various agencies under each of these four main principles, such as: the increased provision of housing to refugee families by the Department of Local Government, Housing and Sport; the provision of multi-faith spaces in Darwin Prison by the Department of Justice; Anula Primary School’s Children to Preschool project where, in consultation with the African community, a bus service has been established to assist refugee children of appropriate age groups to attend preschool to help them with their transition into schooling; and the development of diversity policies by several agencies.
The report also acknowledges key achievements and emerging issues which threaten the culturally and linguistically diverse sector, including the establishment of a Senior Reference Group on Multicultural Affairs. This group is comprised of senior representatives from all government agencies, as well as from the peak multicultural bodies. The Senior Reference Group on Multicultural Affairs has helped to coordinate cross-agency initiatives, such as the submission made to the Commonwealth government seeking the reinstatement of humanitarian settlement in Alice Springs. The network of agencies and relationships created through this exercise will continue to ensure we are informed about the Northern Territory’s capacity to meet the requirements and special needs of humanitarian entrants in the future.
To address and acknowledge emerging issues pertaining to refugee migrants, the Office of Multicultural Affairs has commenced the African Community Consultation program, which has been designed to help understand the needs of refugee migrants. Data collected from interviews with African refugee migrants will be available for government and service providers when considering service delivery and policy development criteria affecting this group.
Another emerging issue is the effect of international and national problems, and misunderstanding of Islam, on our local Muslim community. This government will continue to engage with the Muslim community, and to assist with events such as their open day to be celebrated in Darwin and Alice Springs, to assure the community that they are not isolated. In this vein, the Office of Multicultural Affairs, in partnership with the Office of Youth Affairs, will also be holding Islamic youth forums in both Darwin and Alice Springs during Youth Week on 8 and 9 April to learn about the issues affecting young Muslims in the Northern Territory.
I would like to take this opportunity to acknowledge and thank all Northern Territory government agencies for their work in the implementation of the multicultural policy. I hope we continue to build on this good work and improve outcomes for the culturally linguistically diverse sector.
Madam Speaker, this document reports on the first 12 months operation of the multicultural policy. The next annual report under the multicultural policy will be timed to coincide with the agency annual reporting. Accordingly, the next report will be for 2006-07. I commend to you and table the first annual report under the multicultural policy.
Dr LIM (Greatorex): Madam Speaker, the minister ranged widely in his report, including talking in detail about the Greek community as well as the Islamic community across the Northern Territory. I accompanied Senator Nigel Scullion and the member for Braitling when they attended the Harmony Day session with the Islamic community in Alice Springs, which went very well.
With the little time we have in this ministerial report, I would like to comment a little about the minister and his apparent ingratiation of himself with the Greek community. The Cypriot community recently contacted him to celebrate a very significant event in the same way that the government funded the celebration of the Greek win in the Soccer Federation cup. Marcos Baghdatis is a Cypriot who reached the finals of the Australian Open in tennis. The Cypriot community approached the minister and had an undertaking from him that he was going to sponsor a function to celebrate this significant event for the Cypriots. The Cypriot community in Darwin went to a lot of cost to put the event together and, at the last minute, this minister who gets up and said: ‘Here I am, I am a Greek, I support Greeks’, suddenly decided that the Cypriots did not deserve his support.
It is very bad that a minister gives his undertaking and, then, turns around and pulls out at the last minute after a community has expended significant sums of money to put an event together. This minister owes the Cypriot community a big apology, and he had better make good.
Madam SPEAKER: The overall time for ministerial reports has expired.
Reports noted.
MOTOR VEHICLES AMENDMENT BILL
(Serial 43)
(Serial 43)
Bill presented and read a first time.
Mr STIRLING (Treasurer): Madam Speaker, I move that the bill be now read second time.
Honourable members would be aware that the Territory operates a compulsory Motor Accidents Compensation Scheme which provides benefits for Territorians injured or killed in motor accidents. Benefits are provided for loss of earnings, hospital and medical costs, and costs of rehabilitation and attendant care if required. Financial compensation is also provided to dependants of persons killed as a result of a motor vehicle accident. The scheme is a generous one in that compensation is provided, in most cases, regardless of who caused the accident, which avoids the stress, cost and delays associated with seeking compensation through the courts. Only two other jurisdictions in Australia operate similar no-fault motor accident compensation schemes.
The Motor Accident Compensation Scheme is funded by contributions from motorists paid at the time of registering or reregistering a motor vehicle. The Territory Insurance Office is the administrator of the scheme. In order for the scheme to be managed in a stable and sustainable manner, it is important for contributions to the scheme to move in accordance with underlying costs of operating the scheme and providing compensation benefits. In other words, it is important for contribution amounts to vary in accordance with factors such as growth in wages and salaries, health and medical costs, and the incidence and severity of motor vehicle accidents in the Territory. Contribution amounts also need to be sufficient to maintain an appropriate solvency position for the scheme to ensure its ongoing viability and that the scheme is sufficiently funded to provide compensation in the future for those seriously and permanently injured.
Under the existing provisions of the Motor Vehicles Act, I am responsible for determining motor accident compensation contribution amounts acting on the advice of the Territory Insurance Office Board. The government now seeks to implement a more independent and transparent process for determining Motor Accident Compensation Scheme contributions.
The legislation before the House today provides for the appointment of a Compensation Contribution Commissioner as an independent statutory officer responsible for determining Motor Accidents Compensation Scheme contribution amounts. In the discharge of statutory functions, the commissioner would be required to consider the recommendations of the Territory Insurance Office and to consult with me prior to making a final determination. The commissioner would be required to determine contribution amounts in accordance with the prescribed prudential standards aimed at maintaining an appropriate solvency position for the Motor Accident Compensation Scheme.
Determinations would also be measured against an affordability standard which would be expressed as a proportion of average weekly earnings. The regulatory parameters for the commissioner’s determinations are to be established by regulation under the act.
The reforms embodied in the legislation will promote greater stability, accountability and transparency in the administration of the Territory’s Motor Accident Compensation Scheme, and will ensure that Territorians injured receive timely motor accident compensation for as long as required.
Madam Speaker, I commend the bill to honourable members.
Debate adjourned.
SUSPENSION OF STANDING ORDERS
Take Two Bills Together
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that so much of standing orders be suspended as would prevent bills entitled Victims of Crime Rights and Services Bill 2006 (Serial 44) and Victims of Crime Assistance Bill 2006 (Serial 45):
(a) being presented and read a first time together and one motion being put in regard to, respectively, the
second readings, the committee’s report stage, and the third readings of the bills together; and
VICTIMS OF CRIME RIGHTS AND
SERVICES BILL
(Serial 44)
VICTIMS OF CRIME ASSISTANCE BILL
(Serial 45)
SERVICES BILL
(Serial 44)
VICTIMS OF CRIME ASSISTANCE BILL
(Serial 45)
Bills presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bills be now read a second time.
The purpose of these bills is to implement this government’s election commitment to reform support services of victims of crime. These reforms provide a fresh focus and approach to the needs of and support for victims of crime. This is one of the most wide-reaching reforms of victims’ services ever undertaken in the Northern Territory.
Victims’ services in the Territory are currently inefficient and uncoordinated. This has been the case for many years. The victims compensation scheme provided by the Crimes (Victims Assistance) Act has been operating at an enormous annual cost to the Territory, yet much of those costs have not been going to the victims of serious crime, the intended beneficiaries of this scheme, but have been spent on legal costs. The current compensation scheme is also too slow in providing financial support, intimidating for victims and overly complex.
There are many excellent government and non-government victims’ services across the Territory but they do not exist within a coordinated framework. This means that services for victims cannot be provided as efficiently or effectively as they should be. The reforms that I introduce today will provide a means to ensure that this is no longer the case.
These proposed reforms are largely based on recommendations made by the Crimes Victim Advisory Committee or CVAC. CVAC is a statutory body, comprised of members from both within and outside government, established to provide the Attorney-General with advice about matters affecting victims of crime. The committee is chaired by a magistrate and includes representatives from Victims of Crime NT, the Sexual Assault Referral Centre and the Witness Assistance Service of the Office of the Director of Public Prosecutions, as well as a non-government legal practitioner and medical practitioner. Over the years, it has always provided government with independent, sound and thorough advice.
The reforms represent the second stage of a process that began in 2002 with amendments to the Crimes (Victims Assistance) Act based largely on recommendations made by CVAC in a 1997 report. While the 2002 amendments have resulted in improvements to the scheme by simplifying the compensation process, reducing the amount of money spent on legal costs, and speeding up the assessment process, it is still an adversarial process that can be slow and intimidating for victims. After the 2002 reforms were put in place, a further consultation process was undertaken to further improve the system.
In November 2002, a discussion paper was released seeking general community comment on possibilities for improved assistance and support for victims. The responses to these papers were consistent with the wider recommendations made by CVAC in its 1997 report relating to the establishment of an administrative and counselling scheme. The submissions received also showed an overwhelming support for claims for assistance to be assessed by a tribunal or administrative process rather than through a court process.
There was general support for the use of counselling as a more immediate response to victims’ needs. Submissions also indicated that other types of immediate assistance should be available to victims in addition to counselling. Many of the submissions focused on the provision of a scheme that could respond to victims’ needs in a timely manner and assist them to come to terms with, and recover from, the crimes committed against them as quickly as possible. There was recognition that lengthy delays in assistance can exacerbate the effect of the crime.
Another issue that arose was whether there was a need for the creation of a victims’ register in order to provide victims of crimes with information about the release dates and other relevant information relating to offenders. This issue was referred to CVAC in 2004 and a final report was provided in April 2005, recommending a register be established and advising the form it should take. These recommendations are adopted as part of this legislative package.
The first of these bills, the Victims of Crime Assistance Bill 2006, repeals and replaces the Crimes (Victims Assistance) Act, and establishes a new administrative assessment scheme for the provision of financial assistance to victims of violent crime. It also establishes a counselling scheme which will provide immediate counselling assistance to victims across the Territory.
The second bill, the Victims of Crime Rights and Services Bill 2006, consolidates all other Territory legislation related to victims. It establishes a Crime Victims Services Unit, CVSU, and a victims’ register. It also repeals and replaces the Crime Victims Advisory Committee Act and provides for the Attorney-General to issue a charter of victims’ rights.
I now turn to the specific details of the legislation. The Victims of Crime Assistance Bill 2006, repeals the Crimes (Victims Assistance) Act which provides the current court-based compensation scheme for personal injuries, known as the CVA scheme. As mentioned earlier, this scheme has come under criticism in the past for a range of reasons including: being too complex and intimidating for victims; being too slow in the resolution of claims; and for not providing any up-front assistance when victims require it most.
Significantly, it also provides the lowest maximum payment in Australia for a criminal injuries compensation scheme. At present, there is a $25 000 maximum award available to victims of a crime. Awards can be comprised of both economic loss - for example, medical expenses and loss of earnings - and non-economic loss - for example, pain and suffering. They are assessed by the local court on common law principles for the assessment of damages in personal injury cases. Almost all victims require to be, and are legally represented, resulting, on current figures, in around 40% of the costs of the scheme being spent on the legal costs. In 2004-05, almost $2m was spent on these costs.
Research has shown that immediate assistance, support and counselling is one of the most effective ways to help victims of crime overcome and rehabilitate from the effects of the crime. Despite that understanding, there is currently, under the existing legislation, no ability to provide immediate assistance to victims needing urgent help; for example, to meet urgent medical or dental costs or replace essential items such as glasses. Family members of murder victims cannot even get immediate assistance to pay for funeral costs.
It is proposed to abandon the current litigation-based scheme and adopt a scheme for administrative assessment of financial assistance for personal injuries resulting from a crime. The main elements of the proposed scheme are as follows. There are three main types of assistance: counselling assistance, financial assistance for economic loss - for example out of pocket expenses; and financial assistance for compensable injuries similar to the awards for pain and suffering made at common law. All victims, including extended family members of the primary victim, are eligible for counselling. Victims who are eligible for compensation under the Work Health Act or Motor Accident Compensation Act will be eligible for counselling but will not be eligible for financial assistance under this scheme. Total maximum financial assistance for a single primary or secondary victim will increase from $25 000 to $40 000. The $40 000 maximum can include up to $10 000 in financial loss, such as the loss of earnings and medical costs, and up to $40 000 for the injury itself as long as the overall total financial assistance does not exceed $40 000.
Compensation for the injury itself will be determined by a table of compensable injuries which will specify set amounts for specific injuries. A minimum threshold of $7500 will be introduced in relation to compensable injuries, although it would be able to be met by a combination of several separate injuries. There will be no minimum threshold for financial loss. Of the $10 000 maximum available for financial loss, up to $5000 can be made immediately available to victims in circumstances of hardship. Applications for financial assistance will be made to the new CVSU established under the Victims of Crime Rights and Services Bill 2006. The application process will be simplified and the case managers at the CVSU will be available to assist victims to prepare their applications.
Final decisions as to the eligibility and assessment of awards will be made by legally trained assessors on an administrative basis. Guidelines will be developed to assist the Director of the CVSU and the assessors in making decisions. Appeals will be available to the local court against the decision of an assessor, and legal costs will be payable for successful appellants. The current provisions of the Crimes (Victims Assistance) Act providing for recovery of assistance from an offender and the establishment of the Victims Assistance Fund, including the imposition of the victims levy, will continue in the same form.
I now turn to the elements of the scheme in more detail. As with the current scheme, under the Crimes (Victims Assistance) Act, financial assistance is not payable in relation to any type of criminal offence. It is only payable for an offence that has resulted in injury to or death of a person. Under clause 5 of the Victims of Crime Assistance Bill 2006, these offences are referred to as violent acts.
The bill specifically defines four types of victims who are eligible for assistance: primary victims; secondary victims; family victims; and related victims. Under clause 9, primary victims are persons who suffer an injury as a direct result of a violent act. In addition, a primary victim is also a person who suffers an injury as a result of trying to prevent the commission of a violent act, trying to rescue or help a victim of a violent act, or trying to arrest a person. For the purpose of defining family victims, a primary victim is also a person who has died as a result of these incidents. Each primary victim of a violent act is eligible for: counselling; financial assistance for one or more compensable injuries up to $40 000, providing the $7500 threshold is met; and financial assistance of up to $10 000 for financial loss, including immediate assistance of up to $5000 in circumstances of hardship. The overall total of the financial assistance components must not, however, exceed $40 000.
For the primary victim, financial loss can be the loss of earnings, medical expenses, expenses due to the loss of clothing and other personal effects or, in exceptional circumstances, other expenses to assist his or her recovery; for example, relocation expenses or security measures.
Clause 11 defines a secondary victim for the purposes of the assistance scheme. A secondary victim is a person who was present at the scene of a violent act, or suffered an injury as a direct result of witnessing the violent act. In addition, a secondary victim can be a person who suffers an injury as a direct result of subsequently becoming aware of the violent act. This is limited to parents, step-parents or guardians of a primary victim who is a child or, if the primary victim is not a child, it is limited to the children, stepchildren or children under the guardianship of the primary victim. A secondary victim of a violent act is eligible to apply for the same range of assistance available to the primary victim, other than expenses due to the loss of clothing or personal effects.
The same maximum amount of $40 000 is available to a secondary victim. However, in this case, $40 000 constitutes a pool that is to be shared amongst all secondary victims of each violent act. This recognises the need to give principal support to the primary victims over other persons affected by the crime but, nonetheless, ensures that persons affected by a crime have access to an appropriate level of financial assistance. Recognising the special place of witnesses of a violent act who were the parents or children of a primary victim who died, this type of secondary victim takes primacy over other secondary victims.
The third definition of victims eligible for assistance under this new scheme is the family victim. This category recognises the fact that there is a wide range of family members who may suffer and also incur expenses on behalf of a primary victim who dies, such as funeral costs and medical costs. Family victims will be entitled to claim for financial loss of up to $10 000 including up to $5000 in immediate payments. This can be funeral expenses, loss of financial support from the primary victim, the primary victim’s medical expenses, and other expenses to assist the family victim to recover.
Clause 13 provides that a family victim is a person who is the spouse or de facto partner of the primary victim, or who is a parent, step-parent or guardian of the primary victim, or who is a child or a stepchild under the guardianship of the primary victim, or a person entirely or substantially dependent for financial support on the primary victim. Clause 13(2) clarifies that in relation to family victims, a reference to a child of a primary victim includes a reference to a child of a primary victim born after the violent act occurs. This would cover a child who survived, despite being in utero when their mother was murdered.
Unlike the other categories of victims, a family victim need not suffer a physical or mental injury. Financial assistance in this case is aimed at assisting people who have been dependent on the primary victim in one way or another, and those who have incurred expenses on behalf of another. Family victims of any violent act, whether it involves the death of the primary victim or not, are eligible for counselling. Similar to secondary victims, it should be noted that, under clause 40 of the bill, there is a pool of $40 000 available that is to be shared between all family victims of each violent act. However, family victims who are totally or substantially dependent on the primary victim take primacy over other family victims.
The final category of victim is the related victim. This definition recognises that a wide range of people may be affected by a violent act committed against a person, and that they may need support in coming to terms with a friend or relative’s death or injury. Clause 15 defines the related victim as a person who is not a family victim as defined by clause 13, but who is a relative of, or has an intimate personal relationship with, the primary victim. This category goes well beyond what is available under the current scheme, as it is not necessary that the related victim prove an injury. However, to ensure that the category is not open to abuse, the regulations may exclude persons from the category and, as with secondary or family victims, a person cannot be a related victim if the person committed the violent act. All related victims are eligible for counselling.
One of the most significant aspects of the reforms is the establishment of the victims’ counselling scheme under Part 3 of the bill, which will provide immediate counselling assistance to victims and the extended victims of crime. This form of immediate assistance is much more effective in assisting victims to come to terms with the affects of a crime than the current approach that provides only financial assistance, provides it via an intimidating court process, and provides it long after the event.
Funding for victims assistance is considered to be better directed from financially compensating victims with less serious or minor injuries to a counselling scheme which will assist a wider range of victims with all levels of injury and will assist their recovery in a more practical and positive way. Money will never compensate for the trauma or loss associated with violent crime. What is needed is a scheme that channels resources into a more effective means of recovery.
A tender process will be undertaken across the Territory so that non-government organisations or individuals can be engaged on a contractual basis to provide immediate crisis counselling for victims in different regional areas across the Northern Territory. This follows the model used in both Western Australia and Tasmania. An important aspect is that this funding will enhance the current services in regional areas and allow existing agencies to take on more staff. These regional services may be able to reach more remote areas as part of their service. Additionally, in the regional and remote areas where formal counselling is not always appropriate, it is anticipated that part of the engagement will include general victim support, assistance and referrals, and other services such as the establishment of victim support groups and community victim education programs.
There will be no set upper limit on the amount of counselling that an individual victim may be able to receive under the scheme. However, if a counsellor determines that a victim requires further ongoing specialist psychological or psychiatric treatment, the cost of this treatment will need to be dealt with as part of the formal application for financial assistance, as the counselling organisations are not envisaged to be able to provide that ongoing specialist approach.
The other aspect of the change in focus to up-front assistance is provision for immediate monetary assistance. Up to $5000 can be made immediately available to victims for out-of-pocket expenses in circumstances of financial hardship. This can include payment of up-front medical expenses including ambulance and dental; replacement of personal items such as clothing and glasses; relocation costs; security measures; and funeral costs. This type of assistance is one of the advantages of moving to an administrative scheme because it can provide financial assistance closer to the event when it is usually most needed and most effective, and to those most in need of help.
Division 2 of Part 4 of the bill deals with these immediate payments. Unlike assessments for general awards of financial assistance which are decided by assessors, decisions about immediate payments will be made by the director. Under clause 28, a decision by the director in relation to an application for an immediate payment will not be reviewable or appealable. However, a victim can still apply for a general award of financial assistance under Division 3 of Part 4 if their application for immediate payment has been rejected. As immediate payments are decided by a director on a less formal basis, an assessment must reconsider any immediate payments when deciding on a general award of financial assistance. Immediate payments will be deducted from any ultimate award of financial assistance for financial loss; that is, immediate payments will be included in the maximum of $10 000 for financial loss.
The third type of assistance available is in relation to the actual injury to be known as a compensable injury. The amount of financial assistance for compensable injuries will be determined according to a table prescribed by the regulations that will list compensable injuries and specify the amount payable for each injury. The use of a table will assist in ensuring applications are dealt with as quickly as possible and ensure consistency of the amount of assistance. It will also provide greater transparency to the process and more certainty for applicants.
A significant aspect of the table is that it is proposed that sexual assault victims will no longer need to prove a specific injury. They will only need to establish that the relevant assault or assaults have taken place. This will reduce the stress of such victims, as they will no longer have to go through the indignity of proving the assault and their injury, the impact of the injury, and that they have actually suffered from the assault. It is proposed that there will be three levels of compensation for sexual assault victims depending on the seriousness of the offence including such things as whether there was violence involved, whether there was more than one offender, or if there was actual intercourse.
Assistance for compensable injuries must reach a standard amount that is to be prescribed by regulations. The other forms of assistance - that of counselling and recovery of financial loss - do not have to exceed the standard amount. In effect, the standard amount will set a threshold of $7500 in relation to compensable injuries for which financial assistance for compensable injuries is payable. The standard amount can be met by a combination of one or more compensable injuries. The introduction of a threshold is consistent with the approach taken in victim’s assistance schemes in other jurisdictions. For example, New South Wales also applies a minimum threshold of $7500. In Queensland, financial assistance is only available for harm caused by an indictable – serious – offence, and the Australian Capital Territory limits financial assistance for non-economic harm to cases where there is an extremely serious injury.
The provision of a threshold amount is also consistent with the policy taken in respect of several personal injury claims that was introduced by the Personal Injuries (Liabilities and Damages) Act 2003 as part of the national process of tort law reform. At present, compensation for non-pecuniary loss is not recoverable where that loss is assessed at less than 5% impairment. The setting of a threshold must be viewed in the context of the increased maximum from $25 000 to $40 000 and the additional provision of counselling. Funding for assistance schemes by governments is not unlimited, and the object of a criminal injuries compensation scheme must be to provide assistance to victims in a balanced, fair and appropriate manner, and to ensure that funds are directed to victims who have the greatest need.
Another significant aspect of the bill is that it disentitles a victim who may also be eligible to apply for compensation under the Work Health Act or the Motor Accidents Compensation Act. Neither of these schemes allow for compensation for pain and suffering. At present, a victim of crime can apply under both schemes for compensation. There is some evidence that the current scheme has increasingly been used to top up claims that are otherwise covered by these schemes. This government believes that it is inappropriate to allow people to shop around and access compensation from a variety of funds. The different statutory compensation schemes provide different types and amounts of assistance and, therefore, should be completely separated. For example, the Work Health Scheme provides for much higher amounts of compensation for serious bodily impairment than has ever been available under the victims’ assistance scheme, and it does not limit the economic loss component.
On the other hand, the Work Health Scheme does not compensate for pain and suffering. The effect of allowing victims to access a variety of compensation schemes is that these victims will often be better off than other victims of crime or injured workers who only have access to one scheme. This puts unnecessary and unfair pressure on these funds and creates unjust inconsistencies between injured persons. For example, in relation to the level of injuries from a motor vehicle, it is irrelevant, in terms of the harm occasioned, whether a person was injured as a result of a pure accident or by an act of dangerous driving. Nevertheless, consistent with the emphasis on counselling as a means of minimising harm suffered, the counselling scheme will be extended to victims who are eligible for compensation under those other schemes.
I now turn to the application process for the awards of financial assistance. Applications for general financial assistance, as opposed to immediate payments, will be made directly to the Director of the CVSU. Officers of the CVSU will be available to assist applicants in preparing their applications, including accessing police reports for that purpose.
Clause 31 of the bill provides that an application must be lodged no later than two years after the injury or death occurred. The current scheme only allows a 12-month time limit after the offence has occurred. The two-year limit can be extended by the director if he or she considers the circumstances are justified.
Once an application is finalised, the director must give the application to an assessor for assessment in accordance with Division 4 of Part 4. Assessors are empowered under clauses 35 and 36 to require an applicant to undergo examinations and to obtain information and make inquiries necessary for the assessor to make a proper decision. As with the current Crimes (Victims Assistance) Act, the assessor may reduce the award or not make the award in certain circumstances - for example, where the application was made in collusion with the offender. This is to ensure that the scheme is not abused.
Once the assessor makes a decision, he or she must give the director a notice of the decision which must be forwarded to the applicant. Notification must include details of the award or awards and the reasons for the decision. It can also specify how the assistance is to be paid or managed, such as by the creation of a trust if the application was made on behalf of a victim. If the application is rejected, the assessor must provide reasons and details of the appeal procedures. Division 5 of Part 4 governs the payments of financial assistance and provides that the Territory must pay the victim within 28 days of the notification to the applicant.
Clause 46 provides that a victim may apply for an increase in the award. This is to cover situations where there has been a significant change in the circumstances, such as the injury has become more serious than was the original prognosis. An increase can only be granted if the maximum amount of financial assistance of $40 000 has not already been made ...
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Visitors
Madam SPEAKER: Minister for Justice and Attorney-General, I take this opportunity to draw the attention of members to the presence in the gallery of Year 10 St John’s College students accompanied by Philippa Hamilton-Smith. On behalf of all honourable members, I extend to you a very warm welcome.
Members: Hear, hear!
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Dr TOYNE: On the other hand, clause 47 allows for an assessor to require the refund of an award if the victim is not entitled to assistance; for example, if the victim later receives compensation from the offender or another source.
One of the consequences of introducing an administrative scheme is to move away from legal representation for applicants. Some concern has been raised that the removal of the right to payment of legal costs in relation to an application amounts to victims losing their right of legal representation. However, the application process will be simplified to such an extent that legal assistance will not be necessary. Legal representation is not necessary where a fair and transparent compensation process exists. In the event that a victim is dissatisfied with the decision of an assessor or the director, he or she can appeal to the local court under the provisions of Division 6 of Part 4. Legal costs will be payable on that appeal where the appellant is successful. The existence of appeal rights and the scrutiny of decisions by a court ensures the soundness of the administrative process.
Under the current scheme, the Northern Territory may apply to a court for recovery of an amount of assistance from the offender. The bill also retains the current Victims Assistance Fund and the victims levy in essentially the same form as under the current Crimes (Victims Assistance) Act.
Part 7 of the bill provides for a range of miscellaneous matters, including the issuing of guidelines and regulations. These will be important as they will provide more detailed guidance to the director and assessor as to the preparation of applications and the assessment process. Simple forms will be developed during the implementation phase of the new scheme and these will be prescribed by regulations. The regulations will also prescribe the table of compensable injuries, setting out the amounts payable in relation to specific injuries. The scheme will apply to all applications made after the act commences, even if the offence occurred prior to that date.
I propose to review the operation of the scheme after the first three years of operation. Although I am confident that this new scheme will dramatically improve the assistance available to victims across the Northern Territory, as with any reform, it is essential to make sure that it is operated as fairly and efficiently as envisaged, and provides the maximum benefit to the people it is designed to help.
I now turn to the second bill I introduced today, the Victims of Crime Rights and Services Bill 2006. The operation of the new counselling and financial assistance scheme is dependent on this act, as it establishes the new Crime Victims Services Unit, the CVSU, whose main role will be to operate and provide assistance to victims in relation to the assistance scheme, including the counselling scheme. Other roles will be to provide administrative assistance to the Crime Victims Advisory Committee, the CVAC; establish and maintain the victims’ register; promote and oversee the operation of the Charter of Victims Rights; provide community education about the rights of victims; and coordinate services provided to victims by the Northern Territory.
Part 3 of the bill provides for the establishment and operation of the CVAC. The current legislative provisions for the CVAC are contained in the Crime Victims Advisory Committee Act. They will now be moved into the Victims of Crime Rights and Services Bill 2006 so that the bill becomes a consolidation of the victim-related legislation, complementing the Victims of Crime Assistance Bill 2006. Other than technical changes, the only substantial change to the CVAC provisions is to provide for the director of the CVSU to be a member of the committee.
Part 4 of the bill establishes the new Victims’ Register. As I mentioned earlier, this reform is based on the April 2005 report from the CVAC. The purpose of the register is to allow victims to elect to receive information about an offender who has been imprisoned or committed a violent offence against them, as the offender proceeds through the correctional system. It also allows such victims to make written submissions to the Parole Board in relation to the relevant offender. The evidence and feedback from victims’ groups has been that this kind of information and the right to make submissions as to parole will provide victims with a great deal of certainty and comfort as they try to recover from the trauma resulting from the offence.
Information about release dates and the relevant offender’s behaviour in prison allow a victim to prepare for the effect that the offender’s release may have on them and their family. Especially in a jurisdiction with such a small population as the Territory, a victim can run a real risk of bumping into an offender after he or she has been released. If the victim is not aware the offender has been released, this can cause enormous pain and stress for the victim.
It must be remembered that the right of victims to access this information, and the general community interest in ensuring victims recover from the effects of crime as quickly and as easily as possible, must be balanced against privacy concerns in relation to prisoners and the community interest in assisting and encouraging their rehabilitation. The bill has been carefully drafted to balance these rights. There is no point in a victim receiving personal information about an offender if it will not actually assist the victim, or if the victim does not want to receive the information. Access to an offender’s personal information should also not be provided if it would put the offender at risk.
People who will be automatically eligible to be registered are victims in relation to whom an offender has been sentenced to a term of imprisonment for a violent offence. This can include the legal guardian of a victim who is a person under a disability or who is a child. To be registered, the victim must have been injured, including psychologically injured, as a result of the offence. Clause 19(2) sets out a list of concerned persons who can also be registered in appropriate circumstances with the approval of the director of the CVSU. These include the primary caregiver of an injured victim, a person with a history of domestic violence from the offender, a victim of a violent robbery, and a victim of an unlawful entry who was in the building at the time. There is also a general catch-all category of a person with a ‘substantial concern with the relevant offence’.
There will be guidelines developed to ensure that the director appropriately exercises his or her discretion in relation to the registration of concerned persons; for example, so that only people who are under a real threat of intimidation of violence, or their guardian or nominee, can be registered.
It should be noted that where an offender is a child, the victim will not be automatically eligible to be registered. Under clause 21(2), the director must be satisfied that the circumstances justify the registration where a child offender is involved. Of course, there may be situations where registration of a victim in relation to a juvenile offender may be justifiable and desirable; for example, where a serious sexual or other violent assault has been committed by the juvenile. However, where a young offender is involved, it is vitally important to ensure that he or she can be given the greatest chance of rehabilitation. The discretion in relation to juveniles permits a balancing of interest to be undertaken.
A victim or a concerned person can apply to be put on the register at any time before the offender is discharged from the sentence of imprisonment. This brings me to the actual information about the offender that will be made available to registered persons. There are two categories of information. First, the information that is automatically available, and second, information that is available only on specific request.
In relation to the first category, if the offender is sentenced to a non-parole period, the registered person is entitled to be informed of the earliest possible date of release on parole, the date where the Parole Board is to consider release on parole, the actual date of release on parole; the conditions of a parole order, and the revocation or cancellation of a parole order. If the offender is under a suspended sentence order, the registered person is automatically entitled to be informed of the date of release from prison under a suspended sentence order, the conditions of a suspended sentence order, and the variation, revocation, cancellation or discharge of a suspended sentence order.
Also, generally in relation to an offender serving a term of imprisonment, all registered persons are automatically entitled to be informed of the offender’s transfer to another prison interstate or overseas, escape from prison or any recapture, the actual date of discharge from prison, any other sentence that may affect the earliest date of release or period of imprisonment or suspended sentence order, if known, the locality where the offender intends to reside, the death of the offender, and any other further information specified by the regulations.
In relation to the second category of information - that is information only provided to a registered person on request - a registered person is entitled to be informed of a transfer of an offender to another prison in the Territory, the status of the security rating and any change in status, courses or programs undertaken for rehabilitation, any approved leave or absence from prison, and any further information specified by the regulations. Even if an applicant is registered after the offender is discharged from prison, the victim or concerned person can be registered. This will allow them to receive information that may still be relevant such as where the offender intends to reside and whether the offender died in prison.
Clause 24 provides registered persons with an express statutory right to make written submissions to the Parole Board about an offender who is about to be considered for release on parole. At present, the practice is that any written submissions provided to the Parole Board in relation to an offender will be considered by the board. However, this practice is ad hoc and the onus is on the victim to contact the Parole Board to find out when the offender’s parole is being considered. There is no express statutory right for victims to make submissions to the board, nor is there a formal process for this practice. Consequently, many victims are either unaware that making a written submission is an option, or are deterred from doing so because of the difficulty in contacting the board. The statutory right provided to registered persons to be informed of the date an offender is to be considered for parole, along with the right to make a submission, will address these current deficiencies. It should be noted that the Parole Board is not restricted to considering submissions from registered persons; for example, a victim may not want to be placed on the register but he or she may still want to make a submission to the board in relation to parole.
Under clause 26 the CVSU is not obliged to give information to a registered person if the director reasonably considers the information should be withheld. This clause is supported by the Information Commissioner and is an approach taken in other jurisdictions in relation to their victims’ registers. The purpose of this clause is to protect offenders in cases where the offender may be at risk; for example, where there has been threats made against the offender or to prevent cases of vigilantism. There will be guidelines developed in relation to circumstances in which the CVSU can refuse to provide information to a registered person.
In order to maintain the integrity of the register, a registered person will be obliged to provide updates on name changes and their contact details. This is to ensure the CVSU has sufficient information to effectively fulfil its own functions under the bill.
A registered person will also be required to sign a confidentiality agreement in accordance with the regulations. As the information provided to registered persons about an offender is, essentially, their personal information, it should be protected like any other personal information. The provision of this information to registered persons is to assist victims and other people affected by crime to come to terms with the crime and reduce the impact the release of the prisoner may have on the registered person. The information is not for public release. Clause 29 strengthens this obligation by creating a non-disclosure offence. The offence applies to all people, including the CVSU, a registered person and an offender.
The regulations will provide for the circumstances where a name may be removed from the register. This will include where the person requests their name to be removed, where the offender has been discharged from prison, and where the victim cannot be contacted after reasonable attempts.
The bill also provides for the minister to issue a charter of victims’ rights to establish the principles about the way in which the victims are to be treated in the justice system, and to provide for any other matters relevant to the rights of victims. The relevant minister has, in the past, issued a victims’ charter setting out the general principles as to how victims should be treated in the justice system, which also includes lists of victims’ services and contact details. However, this charter has had no legislative backing or central body overseeing its operation. The establishment of CVSU will provide an appropriate centralised office for victims to contact to seek advice in relation to breaches of the charter. The CVSU will be able to conduct investigations and report to the minister on any identified breaches.
These reforms will implement far-reaching changes in the way victims are treated within the Northern Territory justice system. Of course, such wide-ranging reforms can not be implemented overnight. The new CVSU will need to be established, guidelines and forms will need to be drafted, information technology requirements for the operation of the new victims’ register will need to be developed, and counselling scheme commenced. A comprehensive education program will be undertaken to assist stakeholders to understand and prepare for the new scheme.
I am very proud to be introducing these reforms. I believe that they will vastly expand and improve victims’ services in the Northern Territory, and will prove to be of considerable benefit to victims of crime.
Madam Speaker, I commend the bills to honourable members and table copies of the explanatory statements.
Debate adjourned.
JUSTICE LEGISLATION AMENDMENT BILL
(Serial 49)
(Serial 49)
Bill presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bill be now read a second time.
The purpose of this bill is to amend various acts falling within the Justice portfolio. From time to time, amendments to acts within the Justice portfolio are necessary or convenient to ensure the ongoing smooth administration of the Justice system. These amendments are primarily administrative in nature and relatively minor in scope. They are not of sufficient size or effect to warrant a stand-alone bill. It is for these reasons that this bill amending nine acts within the Justice portfolio is presented. Many of the amendments modify or update provisions which are technical in nature. Others are intended to clarify the intention of existing provisions. The amendments to the Interpretation Act, in particular, have been requested by Parliamentary Counsel and will provide further assistance in the drafting and interpretation of legislation. I now outline and further detail the amendments that are included in the bill.
The Agents Licensing Act is to be amended to permit the payment of monies from the Agents Fidelity Fund to industry bodies such as the Real Estate Institute of the Northern Territory or the Australian Institute of Conveyancers for their role in improving regulatory compliance and the quality of services provided by real estate agents and conveyancers. The act currently provides a mechanism for payment of monies for educational purposes, and it is appropriate to extend this to cover more general regulatory and developmental roles these organisations undertake for the benefit of consumers generally.
The Associations Act and Co-operatives Act are amended to clarify the application of the provisions to the Corporations Act 2001, should a body incorporated under one of these acts apply to become incorporated under the Commonwealth act. This will remove a potential anomaly.
The Construction Contracts (Security of Payments) Act is amended to clarify that when the Workmen’s Liens Act is repealed, it will still apply to contracts made before the repeal. This ensures processes are in place for an effective and orderly transition to the new dispute resolution scheme. The Construction Contracts (Security of Payments) Act is also amended so that a determination may be enforced as a judgment for a debt in a court of competent jurisdiction. This will simplify procedures under the act and allow resolution of disputes as quickly and efficiently as possible.
The Interpretation Act is amended in a number of ways. This includes consolidating definition provisions for one section, and providing standard definitions for often-used words, rewording some provisions into plain English, and introducing the term ‘statutory instrument’ in place of the cumbersome ‘instrument of a legislative or administrative character’. The term ‘subordinate legislation’ will be used in place of ‘regulations’, which can be misleading as the term currently covers rules or by-laws as well as regulations. Other amendments to improve the mechanisms of the drafting and interpretation of legislation are also included.
The Land Title Act is amended to improve certain conveyancing transactions. This includes allowing a solicitor or other authorised person to execute a mortgage on behalf of a mortgagee. This is not, in itself, a significant amendment, but it will make life easier for banks, purchasers, conveyancers and legal practitioners. The other amendments will protect a mortgagee of a lot burdened by an easement, covenant or a profit a prendre. I hope I got that right.
The Lands and Mining Tribunal Act is amended so as to include the word ‘planning’ in the name of the act and the tribunal. This change is to more accurately reflect the work of the tribunal. The act is also amended to clarify that a decision is not invalid merely because it was given more than two months after a hearing. This removes any potential doubt about this issue. Other amendments provide for the making of consent orders and for the enforcement of cost orders.
The Lands and Mining Tribunal Act currently allows for the appointment of legal practitioners as chairperson and tribunal members. In reality, the only member of the tribunal is the chairperson, who is also a magistrate. This amendment bill has provided an opportunity to amend the act to ensure that the chairperson and members of the tribunal must be magistrates. In fact, all magistrates will automatically be members, which is similar to the situation under the Coroners Act. The terms and conditions of the appointment of a chairperson and members will then be determined under the Magistrates Act, which will remove the executive from the process, setting terms and conditions relating to appointment. This arrangement is the most desirable one for the tribunal such as this, as it is consistent with the doctrine of judicial independence.
The Professional Standards Act is amended to remove possible duplication in financial reporting, auditing and procurement requirements for the Professional Standards Council established under this act.
The Sentencing Act is amended to repeal some provisions that will now appear in the Interpretation Act and to convert a fine currently expressed in dollar terms into penalty units.
Madam Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
TERRORISM (EMERGENCY POWERS) AMENDMENT BILL
(Serial 46)
(Serial 46)
Bill presented and read a first time.
Mr HENDERSON (Police, Fire and Emergency Services): Madam Speaker, I move that the bill be now read a second time.
The Terrorism (Emergency Powers) Amendment Bill 2006 amends the Terrorism (Emergency Powers) Act 2003. The key amendment in this legislation is the implementation of a national scheme for the issue of preventive detention orders for persons in relation to a terrorist act which has occurred, or is likely to occur, in the next 14 days, including for the preservation of evidence following a terrorist act. These amendments are designed to give police the tools to effectively prepare for, prevent, and respond to a terrorist act or a threat of a terrorist act.
Members would agree that one of the challenges confronted by democratic governments worldwide is that terrorism can only be effectively tackled by the use of extraordinary powers. To this end, there has been a high degree of cooperation between the Commonwealth, the states and the Northern Territory to enact substantially consistent laws. No one can guarantee the Northern Territory will not suffer a terrorist attack or be the target of a terrorist act. Indeed, the Australian government’s White Paper, Trans-national Terrorism: the Threat to Australia, recognises that world globalisation means Australia is no longer afforded the protection of the so-called sea/air gap; a terrorist attack on Australian soil is possible. If anyone was yet to be convinced of the threat, I remind them that al-Qaeda has, over the last four years, issued a number of statements identifying Australia as a target. Osama Bin Laden, in a statement issued on 3 November 2001, made specific reference to Australia’s involvement in East Timor.
With those preliminary remarks, I turn to the objectives of the bill. Besides making specific amendments to the act, the bill covers two aspects. Firstly, it implements the COAG agreement of 27 September 2005 to introduce preventive detention orders, along with stop, detain and search powers under a special area of declaration issued by the Commissioner of Police. Under this bill, the preventative detention scheme complements the scheme adopted by the Commonwealth in the recent Anti-Terrorism Act (No 2) 2005, and includes provision for the detention of a person for up to 14 days in circumstances where the Commonwealth is unable to legislate for due to constitutional constraints.
The second key aspect expands existing police powers to provide police with the ability to apply to a judge for a covert search warrant in relation to a terrorist act. I will deal with each in turn.
First, in respect to the preventative detention scheme which is provided in Part 2B of the amendment bill, the salient features of the bill include: the provision of the detention of the person; the prevention of contact with specific persons during the period of detention; the monitoring of the person during periods of contact; and applications for revocation or variation of a detention order.
The regime is as follows: an authorised police officer may apply for a preventative detention order to an eligible judge. An eligible judge is a judge who has been declared by the Administrator to be an eligible judge. A declaration cannot be made unless the judge consents in writing to the declaration. An eligible judge has all the protections and immunities as a judge of the Supreme Court has in relation to proceedings in the court. An authorised police officer is a member who is authorised, in writing, to make the application by a senior police officer. A senior police officer is a member holding the rank of Assistant Commissioner of Police or above. The application must be made in the absence of the person and the public. If the judge makes the order and the person is detained under a preventative detention order, the police officer must make an application for the review of the order in the Supreme Court as soon as practical.
The judge must only make a preventative detention order if the judge is satisfied that the person: (a) will engage in a terrorist act; (b) possess a thing which is connected with the planning for, or the engagement of a person, in a terrorist act; or (c) has done an act in preparation or planning of a terrorist act, and the order detaining the person will substantially assist in preventing the terrorist act from occurring. The terrorist act must be expected to occur at some time in the next 14 days. Alternatively, an order may be made for the detention of a person if a terrorist act has occurred in the last 28 days and it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act.
In the review before the Supreme Court, the detainee is entitled to appear and give evidence; call witnesses; examine and cross-examine witnesses; adduce material; and make submissions. In hearing and determining the review, the court is not bound by the principles or rules governing the admission of evidence such as the rule governing hearsay evidence. The court can confirm, vary or revoke the order. If the order is confirmed, it allows police to detain the person for a maximum period of 14 days. This includes any previous periods of detention under the order. The preventative detention order commences when the order is made and ceases at the end of the period of detention. An application for a preventative detention order is unable to be made in relation to a person under 16 years of age.
The authorised police officer who applies for a preventative detention order may also apply for a prohibited contact order. A prohibited contact order prohibits the detainee from contacting a person specified in the prohibited contact order. The detainee or the nominated police officer can apply to the Supreme Court for the preventative detention order to be varied or revoked, but only after it has been confirmed. The detainee or the police officer may also apply to have the prohibited contact order varied or revoked. The detainee can request their lawyer to be given a copy of the order and a summary of the grounds relied on for the making of the order. The detainee’s lawyer is not entitled to obtain any information which is likely to be prejudicial to national security. The detainee retains any rights they may have to apply to the court for a remedy in relation to a preventative detention order or prohibitive contact order, including the remedy in relation to their treatment.
The detainee may contact a family member, employer or other approved person on one occasion for the purpose of letting the person know they are safe and are being detained. The person may also contact an approved lawyer for the purposes of obtaining advice or for arranging for the lawyer to represent the person in the proceedings. All periods of contact will be monitored to ensure the detainee does not commit a disclosure offence. It is an offence for the detainee, a family member, the monitor, lawyer, interpreter or the disclosure recipients to disclose to another person certain information. Severe penalties apply if the person is convicted of a disclosure offence.
Although a detainee is unable to be questioned by police the person may be released from the conditions of the preventative detention order and be otherwise dealt with for a suspected offence under the Police Administration Act or pursuant to a warrant under section 34D of the Australian Security Intelligence Organisation Act 1979.
A police officer is prohibited from applying for a further preventative detention order for a person in relation to the same terrorist act. The terrorist act ceases to be the same terrorist act if there is a change in the date on which the terrorist act is expected to occur. Any preventative detention order or prohibited contact order that is in force at the end of 10 years from the commencement date of the scheme ceases to be in force on that date. The Commissioner of Police must provide a written annual report to the Police minister disclosing, amongst other things, the number of preventative detention orders and prohibited contact orders made during the year, including particulars of the orders. The minister is to table a copy of the reports within seven sitting days of its receipt.
Various approaches to making preventative detention orders have been adopted by the other jurisdictions. Victoria and New South Wales require all applications to be made to the Supreme Court. The Western Australian scheme, which the Territory proposes following, allows for applications to be made to eligible judges. Queensland, South Australia and Tasmania empower a senior police officer to make an order if the order is urgent and it is not practicable for an application to be made in the Supreme Court.
As previously noted, to become an eligible judge, a judge needs to consent to the making of the declaration. Consultation with the judges of the Supreme Court as to what they consider the preferred approach for the conferring of jurisdiction for preventative detention orders and, from a practical viewpoint, as to whether there are judges who would be prepared to accept appointments as an eligible judge, has taken place.
I now turn to the second part of the COAG agreement which give police powers to stop, detain and search a person or a vehicle in a special area on the making of a special area declaration. The special area may be the site of an airport, train station, bus station, ship or ferry terminal or other public area, or be a special event where mass gatherings occur. A special area declaration may be made by the Commissioner of Police, with the approval of the Police minister, if the commissioner is satisfied there is a risk of occurrence of a terrorist act. A special area of declaration may operate for a maximum period of 28 days, although it may be extended by a further seven days. The making of a special area declaration must be notified in the Gazette, although failure to do so does not make the declaration ineffective to any extent.
The powers excisable under a declaration include the requirement for a person to provide a police officer with their name, including proof of identity, date of birth, residential address and their reasons for being in the special area. It is an offence for a person to fail or refuse such a request, or give a name that is false in a material particular, or give an address which is other than the full or correct address of the person’s ordinary place of residence.
A member of the police force may stop, detain and search a person or a vehicle in the special area, or a person or vehicle which has just left or is about to enter the special area, for the purposes of searching for an item which is evidence of, related to, or might be used in, or otherwise connected with the preparation for, or engagement of, a person in a terrorist act.
If the member finds an item which he or she reasonably suspects is a terrorism-related item or a serious offence-related item, the member may seize the item. The owner may make an application for the return of the item. Whether the item is returned or forfeited to the Northern Territory will be determined by a magistrate.
As soon as practicable, after a special area declaration ceases to operate, the Commissioner of Police must provide the Attorney-General with a written report outlining the terms of the powers exercised and any results obtained under the declaration. The Attorney-General must table the report in parliament within seven sitting days after receiving the report.
The next key amendment to the bill allows for the making of a covert search warrant. The objective of making a covert search warrant is to give police the power to covertly enter and search a place if an authorised police officer suspects, or believes on reasonable grounds, a terrorist act has been, is being, or is about to be committed, and the warrants will substantially assist in responding to or preventing the terrorist act. In determining an application, the judge must consider a range of factors and must, if necessary, impose strict terms in the execution of the warrant. For instance, the warrant may include the power of re-entry to the premise in specific circumstances. Built-in safeguards exist to account for the powers being exercised, such as requiring the authorised police officer to provide a written report to the issuing judge regarding the execution of the warrant. In addition, an annual report must be provided to the Police minister for tabling in parliament.
The remainder of the amendments to the act have either arisen from a review of the act or were identified during anti-terrorism exercises held during the past two years. These amendments are intended to provide certainty and clarity as to the authorised use of the special powers. The principal amendments remove the limitation upon the giving of an authorisation by the Commissioner of Police by removing the term ‘terrorist act has occurred or is imminent’ and replacing it with ‘a terrorist act has occurred or is likely to occur in the near future’. The New South Wales model, which is the model adopted by the Northern Territory, made similar changes to its legislation recently.
Another crucial amendment expands the power to enter and search the premises of a target person, even though the target person is not on the premises. As it currently exists, a member may only enter and search a target person’s premises if the target person is in or on the premises.
The final amendment concerns the requirement for a full review of the bill within five years of its commencement. This will ensure that the bill continues to meet the necessary balance between public interest and individual rights and freedoms.
Complacency not only gives terrorists an opportunity to develop and target our national interests, it also provides fertile breeding grounds for home-grown terrorist activity. If this were to occur, our fundamental lifestyle, our core values, and our freedoms would be at risk, as was so graphically demonstrated in the London bombings. We cannot let this happen. The changing focus of terrorism means we need to consider fresh ways to protect Territorians against ideological acts of violence. This may mean that ordinary Territorians will, when extraordinary events occur, temporarily need to sacrifice some fundamental freedoms. Existing police counter-terrorism powers, including those proposed under this bill, will equip police with special preventative and investigative tools for use in extraordinary events. In other words, these tools are unable to be used as part of day-to-day general policing duties. Their use will be strictly controlled and, as already mentioned, are designed to strike the necessary balance between fundamental freedoms and the need for law enforcements to counter terrorism.
Madam Speaker, I commend the bill to honourable members and also table the explanatory statement.
Debate adjourned.
ADMINISTRATORS PENSIONS
AMENDMENT BILL
(Serial 37)
AMENDMENT BILL
(Serial 37)
Continued from 23 February 2006.
Ms CARNEY (Opposition Leader): Madam Speaker, the bill is supported.
Ms MARTIN (Chief Minister): Madam Speaker, I thank the opposition for their support. This is a timely bill. It is important that those who serve the community also have superannuation that is in line with community expectations. That is what this particular bill is about; closing the current Administrator’s Pension Scheme and establishing one that is more in kilter with public expectation for future Administrators. This closure of the scheme does not affect our current Administrator or past Administrators. When we look at what we have done in the public sector in 1999, and also with the Legislative Assembly Members’ Superannuation Scheme in 2004, then the closure of this particular scheme is in keeping with our general intentions.
Our community expects us to move in this direction. There is a growing awareness of superannuation schemes, what a superannuation guarantee arrangement is, and the general 9% contribution across the community – of course, people can change that, but employers guarantee a 9%. It is appropriate that the schemes we have carriage of in the parliament reflect that.
I thank the opposition for their support, brief as it was. I thank all our Administrators for their hard work, particularly our current one. In future, Administrators will have a superannuation scheme better in kilter with what our general community has, and with what MLAs have as well.
Motion agreed to; bill read a second time.
Ms MARTIN (Chief Minister)(by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
VISITORS
Madam SPEAKER: Honourable members, I draw your attention to the presence in the Speaker’s gallery of the Right Reverend Philip Freier the Anglican Bishop of the Northern Territory. On behalf of all honourable members, I extend to you a very warm welcome.
Members: Hear, hear!
Madam SPEAKER: Honourable members, I also draw your attention to the presence in the galleries of guests visiting the parliament as part of our parliamentary education program. On behalf of all members, I extend to you a very warm welcome.
Members: Hear, hear!
MOTION
Proposed Censure of Chief Minister
Proposed Censure of Chief Minister
Ms CARNEY (Opposition Leader): Madam Speaker, I move that this House censure the Chief Minister and her government for failing to deal with the growing health crisis of the Territory after her Health Minister has shown himself to be too tired, apathetic and subordinate to the health bureaucracy in order to be effective.
I have moved the censure of the Chief Minister rather than the Health Minister because, frankly, the case against the Minister for Health needs no other explanation. Yesterday, of course, we saw the Minister for Health who is presiding, whether he likes it or not despite his constant denials, over the worst state of affairs ever in the Northern Territory health system. He responded yesterday with a five-minute address to this parliament. He devoted five minutes to talking in this House about the Territory’s health system! We were astounded. It is clear, after the gallant but reasonably pathetic efforts of the Health Minister, he did not even think last night that maybe he should get a ministerial statement up for us to debate. It then falls to the opposition, who represent so many Territorians who come to us and express constant dissatisfaction with the health system in the Northern Territory under the stewardship of the Minister for Health. However, I will come to that later.
In the course of this censure motion, I ask members, backbenchers of the government side in particular, to listen very carefully to the censure because, even though they are members of the Northern Territory Branch of the Australian Labor Party, they must know because their constituents surely are telling them about the problems in the health system and at Royal Darwin Hospital. They might find the courage to be supportive of the censure or, in the alternative, to at least have a word to the Health Minister or the Chief Minister - because she is the boss, she is the one who can hire and fire. I call on the members, backbenchers in particular, to urge, along with us, that the Chief Minister take some action against this Health Minister.
The problem is that, in spite of the uproar surrounding the Health Minister and his department head, Mr Robert Griew, the Health Minister is still here. This is a minister who has not delivered better outcomes for Territorians. It is, of course, up to the Chief Minister, ultimately, to decide whether or not one of her ministers is competent. If a minister is not competent, then it is up to the Chief Minister to sack that minister. If the Chief Minister fails to see that this minister is in well over his head, then the parliament can correct the Chief Minister’s dilemma by voting in support of a motion such as this one.
It is nothing short of astounding that the Health Minister can be allowed to be so incompetent in the administration of his portfolio as to have senior and respected people from within the medical profession that he has responsibility for, such as the head of the Northern Territory Branch of the Australian Medical Association, saying publicly that the minister is asleep at the wheel. I would have thought if ever there was a damning indictment of a minister, then those comments from the head of the local branch of the Australian Medical Association regarding the Territory’s Health Minister would be damning enough. However, no, with the increasing arrogance we see from members of government - ministers in particular - it is flicked off.
Members of the opposition are encouraged by the Chief Minister and her colleagues to move on to something else. We will not move on to something else. We will respond to the e-mails - some of which are anonymous - that are sent to our offices from staff at the Royal Darwin Hospital and the Alice Springs Hospital. The head of the AMA had the courage to stand up and call a spade a spade a couple of weeks ago. In typical fashion - and typical because we see it of these government ministers - the Health Minister was nowhere to be seen commenting publicly, not unlike the minister for Education and his failure to turn up to the community forums that he is driving in relation to the changes proposed to the Territory’s education system. The minister conceded yesterday that he did not like to go to the forums because he would be a target. Territorians can judge for themselves whether the Minister for Health wheels out his CEO to take the heat. The minister ducks under the desk at all other times. Territorians will decide whether it is a cancer growing on the other side whereby, if things get tricky, if it gets too hot, then ministers hide under their desks, fail to go to places where they clearly should and, in the alternative, wheel out public servants to do their dirty work for them.
Most of us remember - and remember fondly and happily, it is repeated on the ABC every so often - the show Yes, Minister which is a lesson to those in government particularly. You may remember that episode when James Hacker, the minister for Administrative Affairs, went to inspect the best run hospital in Britain. It turned out that the hospital was so efficient because it did not have any patients getting in the way of the smooth operation of the hospital’s administration. Every time I think about this issue, my mind turns to that episode and how absurd the world becomes when a minister fails to take the lead on an issue, but becomes captured by bureaucracy. How is it that a bureaucracy can be allowed to lose sight of its fundamental objective? I will read this. I am happy to table it. It is from the department’s annual report 2004-05 and it says under the heading ‘Our Vision’:
- Ensuring that all Territorians enjoy long and healthy lives and have a health and community services system that is responsive, accountable and effective.
Admirable in its intention, Madam Speaker, however, the state of the system does not reflect that vision, nor is it reflected in the conduct of the Minister for Health, and nor does the Chief Minister show any indication that she is prepared to take any responsibility for it as well. She is very happy to talk on the portfolios of her other ministers when there are happy stories. She should equally jump in and either rescue the Health Minister or get rid of him. We say that there is a stronger case for the latter course of action.
The Territory is a small community and I am sure we all have friends who work in the health system. In fact, the health system is such a big employer you would be a fairly sad and lonely person if you did not have a friend who worked in the health system. They say to us, to me, that the Health Minister has become house trained by the bureaucracy. That is evident in the way the minister continues to handle his portfolios. Why is it that the Minister for Health can walk through a hospital on one of his regular visits and front-line staff can tell him what is going on - that is, we do not have enough staff, enough beds, or enough resources - thereafter he is briefed by the department and - hey presto! - things are fantastic; there is no problem in the health system, people do not know what they are talking about and so on.
There are problems and this government went to Territorians not so long ago and asked for another term of government and Territorians gave it to them. However, there is a contract of trust. They expect some leadership from the Chief Minister. They do not expect much from politicians, generally, and there are lots of reasons for that. However, they do expect to have ministers of the Crown earning their money and not being captured by the bureaucracy. Alas, in the case of the Health Minister and, indeed, I might say other ministers, that is just not the case.
The fact is that things amount in the health system to what can be described as a disgraceful administration of the health portfolio. The fact is that, notwithstanding massive GST windfalls - and for the Treasurer’s benefit I repeat massive GST windfalls - Territorians are not seeing bang for their buck. That is why there is such animosity and anger from those who work within the health system and those who access it. The staff do a magnificent job. However, they come to us and say they are pulling their hair out. When patients do not get the service that they expected under a Labor government election promise, they come to us and complain. It is our job to stand up and criticise this government, to hold it to account, and to propose a course of action for the Chief Minister which, in this case, is to let the Health Minister go off and do something else.
The case of the oncology unit is a very interesting one. There can be no doubt in 2001 the Australian Labor Party Northern Territory Branch offered - in a very cavalier fashion they are probably thinking now - an oncology unit. In 2005 - so they had four years of weasel words - they obviously twigged to the fact that the Treasurer had gone very close to emptying the cupboard of all its money and started to use some pretty interesting weasel words, and tried to rope in the Commonwealth government. The Commonwealth government is now being called upon to deliver the Northern Territory Labor Party’s election promise. What an interesting state of affairs this is.
When I was in Canberra, only a few weeks ago, I did my part and lobbied federal politicians for our oncology unit because it is important that we have one. Again, how ironic it is that the leader of the CLP opposition is assisting to deliver Labor’s election promise because it is so patently clear that Labor has no intention of doing so - so someone had better do it. I am happy to pursue whatever course of action I can.
In the process, I remind Territorians that it was the Labor government’s promise to deliver it and they have not forgotten. Hence, that is why we receive notations on flyers by local members. This is one from the member for Casuarina, where he talks about setting up a radiation oncology unit. I am happy to table this. The person who sent that - I assume it went to the minister’s office - said:
- I was wondering where the radiation oncology unit that Kon Vatskalis said was finalised is? I am a Nakara resident and I am confused over this election flyer I picked up today. Is Kon Vatskalis a liar as well?
If the Chief Minister thinks that the opposition is getting a bit cranky, she should think again. Although she is captured by her own bureaucracy as well, it should occur to her, and I think she is sensible enough to realise, that Territorians are very angry about the Health Minister’s failure to deliver what he has promised for the last two elections.
When Labor came into government in 2001, there was a different Health Minister in existence, the member for Nightcliff. We saw a repeat performance by the Chief Minister today. She was asked whether she had confidence in the Health Minister. Who can remember when the Chief Minister stood in this Chamber and outside it and said: ‘Oh yes, I have complete confidence in the Health Minister’. Not long after that, the former Health Minister, the member for Nightcliff, was ditched. Therefore, I am reasonably hopeful that the Chief Minister might have the sense to revisit whatever difficulties she had with the former Health Minister and take it upon herself to get rid of the Health Minister who is with us at the moment - not withstanding the ringing endorsement from the Chief Minister, which could be considered the kiss of death. There is no doubt that that is what should be done.
I cannot think of a comment more insulting than ‘a minister who is house trained’. If I was a minister of the Crown and knew that public servants were using that sort of expression about me, I would resign because it would be clear to me that the public servants do not have confidence in me. They are the words that are being used in relation to this Health Minister. I can only assume that the Chief Minister, having lived in Darwin for some years, is getting that sort of feedback as well - notwithstanding that some of it might be filtered by her own bureaucracy.
In any case, I call upon the Minister for Health to be a little reflective and ask himself whether he is happy with public servants; that is, the public servants who are not at the top executive contract level, but those people who work under those senior public servants. I ask him whether he would be happy if he knew that is how he is being described. I should be fair to the Health Minister; notwithstanding his failures and general incompetence, he is described as a man who cares. That is great, as I know that to be true; that, at the end of the day the Minister for Health is a decent chap. However, it is just not good enough to be a decent chap when you are getting paid however much it is to be a minister of the Crown, to administer one of the most significant - some would say the most significant - portfolio in the Northern Territory. I commend him on his ability to care, but Territorians are over it. They are simply over being nice to the Minister for Health, and it is the case that they are becoming increasingly over being nice to the Chief Minister, because they expect the Chief Minister to take some control.
I would have also thought that the regular appearances by the CEO should be a concern. I know it is a concern of public servants; I also understand that it is a concern to other Territorians. I would have thought that would have been a concern to members of this Assembly; perhaps less a concern to the staffers on the fifth floor. However, it should be of great concern to members of the Assembly because we are the elected representatives, the ones who our constituents vote for every four years. They do not vote for a chief executive officer. It is becoming increasingly disturbing that the minister wheels out the CEO when things get tricky. A number of Territorians, and health professionals in particular, were genuinely appalled and disgusted when, after the AMA’s head had something very important to say recently, the minister was nowhere to be seen. This, of course, goes to the very heart of ministerial accountability. Why is it that CEOs are being wheeled out? Why is it that this Health Minister, in particular, does it on a not infrequent basis? These are the issues that the Chief Minister should, in a quiet time - and I assume that she can get some - earnestly consider.
What is also disturbing is the fact that, every time there is spike in the crisis in the health system - whether it is a person who writes to or contacts the paper and describes a particularly horrific story or staff leaking documents or whatever - all the Minister for Health does, sanctioned by the Chief Minister, is say: ‘They have received 43% extra funding’. As I have said before, Territorians want to see some bang for their buck. They do not want to see CEOs being wheeled out left, right and centre. They do not want to see their fellow Territorians telling stories of horror in the newspaper of when they have been at the hospital – horror not brought on in any way, shape or form by the staff, who do a magnificent effort, but by the fact that, notwithstanding the minister’s constant cries of an extra 43%, the staff are just under-resourced and they feel unsupported. They are not supported by their minister. They say he is very nice to them, and I believe they are very nice to him. However, that is not good enough, and that explains why the opposition is receiving an increasing amount of correspondence and numerous phone calls from those who work in the health system.
The Minister for Health, if he is reluctant to go down the path himself and make an assessment as to his own performance - and further to that, his own future - then we urge the Chief Minister to do so. It is appropriate the Chief Minister be sanctioned because, time after time, she has said how wonderful things are in the Northern Territory as a result of the Labor government. She has not even been able to concede any points about the difficulties the health system is experiencing. I would have thought that a Chief Minister should know better and, because she is the boss, she should have a word to the Health Minister. In fact, she should have more than a word, she should sack him.
It is coincidental that yesterday we talked about middle schools; that the Education minister did not go to community forums because he does not want to be a target, and that the word for some time has been - I think there was some media reporting on it before the last election - that the Minister for Health, who is also the Minister for Central Australia, was going to retire. Two senior ministers, neither of them doing a good job, are both saying, despite evidence to the contrary, that things are wonderful and anyone who complains does not know what they are talking about. Well, the AMA knows what it is talking about. The staff at the Royal Darwin Hospital know what they are talking about, as do staff at any other hospital in the Northern Territory.
We are also told that there are 100 extra nurses in the Northern Territory. Every single time the minister gets up and says something like: ‘There are 100 extra nurses’. What he did not tell this House was that, in the period June 2002 to June 2005, there were also 171 new administrative positions created - 20 executive positions and 151 administrative positions - across the Northern Territory. It is supported by the last annual report of the department. The cost of wages went up from $304m to $342m in the last financial year. That is significant. I will say it again: the cost of wages went up from $304m to $342m in the last financial year. If every nurse was paid at the highest level - that is about $95 000 per year - and you allowed for 30% on-costs, the wages bill goes up by about $13m. Let us be generous, let us call it $15m. Therefore, if nurse’s wages went up by $15m last year, you do have to ask, as we did in Question Time, where did the extra $22m go that was paid in wages last year? It was not all spent on doctors. My colleague is a doctor, I suspect he would know the tariff of what doctors get paid. He does not think that this missing chunk of money was paid to doctors. If it was paid to doctors, then the head of the AMA probably would have had nothing to complain about last week, and other doctors and medical staff would not be complaining either.
The fact is that the minister squibs, and I still maintain that he did not give us the document from which he was quoting; there was another document there. I suppose that is part of the ongoing arrogance compounded by secrecy that is becoming the hallmark of this government.
Getting back to doctor shortages though, the doctor shortage has been around for several years, there is no doubt about that. However, in May 2004, the pattern of cancellations for elective surgery was set. The elective surgery waiting list in the Northern Territory has doubled since this minister took over. In 2004, there were up to 15 patients waiting on trolleys in the corridors at RDH. In 2004, the General Manager of the Alice Springs Hospital was replaced, and the promised nurses failed to materialise at the time. This was the same Health Minister who told Territorians that the ICU remained open. Some would say he fibbed about that because he later retracted it. Perhaps the bureaucracy gave him a line that was truer than the line the minister peddled. I do not know. Perhaps the bureaucracy told him that it was open. In any event, the fact that he said his hospital - and I say ‘his’ in the sense that he is a bloke who lives in Alice Springs - was open and then - whoops! - someone told me that it was open. It must have been a public servant, presumably - had to be, if it was anyone else who might have told him, I would be interested. Then he said, ‘Oh no’ and retracted it, the next day after a few public servants on lower levels, not senior public servants, contacted us and the local newspaper and said: ‘We are telling you it is definitely not open’. That is a fundamental error, and typifies the Health Minister’s performance in his role.
In October 2004 as spending went up, 33 beds were closed in Alice Springs Hospital - 164 beds on the books, 131 in use. By January 2005, staff morale had hit new lows and staff in ED were describing what was happening there as ‘bedlam’. Bedlam is a very strong word. Also, under the stewardship of the former Minister for Health the word ‘crisis’ was used a lot. That Health Minister presided over a system that was in crisis and she was sacked. This Health Minister presides over a system that is described by the staff in Alice Springs as bedlam and, yet, the Chief Minister keeps him on. Where is the logic and the consistency?
Of course, in Alice Springs things have been getting worse. We all remember the fact that a couple of respected surgeons were axed from the Alice Springs Hospital. Again, when the impact of that was realised, this minister then authorised one to be rehired on a contract basis. In other words, if people really scream loudly enough the minister thinks maybe he should do something - although he does not act often enough. The Chief Minister should be the one prodding him.
The Chief Minister has rattled on, since I have been interested in politics in the Territory, about ministerial responsibility and accountability. Yet, she has done nothing to live up to the standards she set for herself and her government. That is something for which the Northern Territory Branch of the Australian Labor Party will be forever condemned.
Getting back to the hospital, the list just goes on, and on, and on. Elective surgery at the Alice Springs Hospital has risen under this government to 3000 people or thereabouts. The minister seemed completely unconcerned that the waiting list in Alice Springs was getting up to 1500 or 1600 people. The town only has a population of about 2700. We are talking about people’s hips and knees being replaced, and those people had to travel south. Yet, we have the Chief Minister saying in this Assembly and elsewhere: ‘Isn’t life wonderful under the Labor government in the Northern Territory?’ There are many people who do not think so.
Many people access our health system - that is why it takes up so much of the budget - and they do not expect much. They want to see bang for their buck. They want to see a Health Minister who does a bit more than just care. They want to see him getting results, not just talking gobbledygook. They want to see him turning up to media conferences to face the music. They want to see him responding to the concerns expressed by Territorians. However, there is another step: they want to see the Chief Minister take on some leadership. They want to see the Chief Minister do something, Madam Speaker, because the Minister for Health is tired, apathetic and a captive of the bureaucracy.
Dr TOYNE (Health): Mr Deputy Speaker, I have listened to the last half hour of what I could probably best describe as tripe, looking for some substantive case that I can actually respond to.
What have we done wrong here? We have not gone to enough media conferences. Righto. And there are all these people who are frantically e-mailing the opposition to get rid of the Health Minister because everything is terrible and it is never going to work. Then we had the statistical attack. This is the big attack on all these fat cat administrators we are supposed to have put on in the Health Department - again, on the basis of the flimsiest extrapolation from a single figure out of the annual report. You are not even taking it seriously over there, so why should I?
It is an insane agenda basically saying: ‘Oh, let us try to get rid of the Health Minister. What can we say that would substantiate that?’ That is the level that has hit me. I would have loved to have had a strong debate about what the challenges and the issues are out there in the health system and in the Health Department because, believe me, I get around very regularly, in fact, to places that I have never seen an Opposition Leader visit. Where are you in the remote clinics? Where are you in the community health centres? Where are you in our minor hospitals? Where are you when we are launching the specialised programs that are absolutely vital? You probably do not even know where the Centre for Disease Control is or other key areas of the health system.
I am going to start from scratch as there is not much to work on from what has come across the Chamber. Let us talk about some of the areas of the health system where we need to continue to work to meet the challenges. There is a lot of pressure coming on the health system in the Northern Territory for very good reasons. The level of ill health and social dysfunction in our population has increased as a result of processes that have been going on for two decades. I will table this list of presentations to the Royal Darwin Hospital by triage category. The total for a year of presentations is something like 46 000 presentations up to the end of this series of data that we have.
Dr LIM: A point of order, Madam Speaker! I ask the minister to table that graph.
Dr TOYNE: I said I am tabling it. Just pay attention.
Madam SPEAKER: Order!
Dr TOYNE: During our meeting the other day, Didier Palmer said that it is probably in excess of 50 000 presentations on the current trends. No one is denying there is not pressure coming into our critical care areas of our hospitals. There have been several reasons for that, not the least being that we are harvesting the result of decades of deterioration in adult health, particularly in our indigenous community, and probably increasingly in the general community. That is certainly an extreme situation here in the Northern Territory in the sheer level of ill health and trauma that our population is suffering. However, it is not peculiar to the Northern Territory. Health systems right around this country and elsewhere in the world are experiencing the same growth in demand - not to the extent that we are facing here in the Territory. It is a very confronting trend line to see the number of extra people coming in.
Of course, the other issue is that people are all going to ED increasingly, faced with the almost total absence of bulk billing GPs around Darwin and other urban centres and very few out bush. The ED is the logical place for people to head for because they know there are good doctors, good facilities, good nursing, good equipment and they will get the best of care there. I take the presentations there partly as a vindication of the quality of the service and facilities there and the work of the staff. Those people are voting with their feet; they are going to ED because they think it is their best option for good care.
There is no question that, faced with that increase in demand that we have seen over the last couple of years, there will be days in our Emergency Departments that are very pressured. I know that; I have talked to the critical nurses and to their clinical leaders in both of the two major hospitals. I know what it can be like when you have 120 patients a day coming into Alice Springs ED, or much higher again in Darwin. There is no doubt that there are days when the nurses and the rest of the staff there feel the pinch.
When you look closely, what do you do about that? Do you just simply throw more staff into the ED and think that that is going to spread the workload and take the pressure off? That is not the problem that the professionals have identified for us. The problems they are identifying are the movement of people through the ED and off into other areas of the hospital. It is the problem of bed block that everyone is talking about out there. That is a problem that we have now been working on for some 12 months, as a result of initial meetings with the staff, and the subsequent meetings with hospital management and our executive people in the department.
What have we done about bed block? The first tranche of initiatives that we put into Royal Darwin Hospital was the Hospital in the Home, which is now catering for an average of 17 patients in a day. That is a significant contribution to clearing beds in the hospital, because that is 17 beds extra that you have available to move people out of ED and into the wards. We put a transition lounge in. That initiative initially had an impact; it was then overtaken by improved pharmacy services due to a change in the delivery arrangements for the pharmacy area of the hospital. Therefore, to some extent, the impact of that initiative dissipated. We have certainly acknowledged, through our last election promise of putting additional beds into Darwin and Alice Springs, that we need to actually increase the capacity of the hospital to reduce the bed block problem.
However, there is another really important issue that has emerged out of the recent debates about bed block and other issues at the Royal Darwin Hospital, and that is the Darwin Private Hospital. Right next door to the public hospital, you have a private hospital with up to 100 beds available for compensable patients, particularly the Category 4 level patients under the triage. It is quite clear from the graph that I tabled just now that it is triage Category 4 that is going up very quickly. That is where a lot of the extra demands have come from. Many of those patients - in fact, it is estimated 7000 to 8000 of them a year - would be appropriate to transfer into the private hospital to receive their care and have that care paid for by their private health insurance. That 7000 to 8000 people less into the ED in Darwin would make a huge impact on the pressure that the staff might feel on the busy days in there.
I have certainly facilitated with the AMA; the ANF and Didier Palmer representing the RDH ED; Paul Bauert, not only representing the AMA but also able to talk about some of the other ward areas in the hospital itself; and Robin Michael and Robert Griew, who are responsible for making sure that the resources are around the new arrangements. We will proceed with that. We will expand Hospital in the Home and put extra beds into the Royal Darwin Hospital, and make damn sure that there is full use made of both the private and the public hospital. I do not believe it is an appropriate use of taxpayers’ money if we are funding extra beds in the public hospital at the same time as allowing this under-utilisation of the private hospital capacity. We need to be doing all of those things together.
Beyond those initiatives, we have also had Professor Stokes have a look at the whole patient flow issues in the Royal Darwin Hospital. There needs to be further work done on the operational arrangements within the ED and the rest of the hospital to allow the more effective and efficient movement of patients through their care, and through the different working areas of the hospital. All of that has been done as a result partly of the direct contacts I am having with staff, which is regular. I am at the hospital, on an average, probably once every two weeks for one purpose or another. I visit all of the hospital, not just the ED. I go to paediatrics, disabilities, palliative care, the maternity areas and general wards. I get around and I even go downstairs, which most people do not, and have a look at how Medical Records are going, because they are often the unsung heroes of the services that that hospital provides. Can you imagine if you lost track of the patient records? The whole thing would become incredibly unsafe and inefficient as a site of delivery of health care.
Despite the huffing and puffing over there about ‘minister asleep at the wheel’, we have heard that one. It almost goes back to the pre-Westminster system, that one. I do not know what pre-Westminster people were called, but it is a nice little cheap shot that you get up and say: ‘Oh yes, that is a snappy title’.
Ms Carney: The AMA said that.
Dr TOYNE: Well, I did not appreciate it from them and I do not appreciate it from anyone else, particularly when I am working absolutely at full capacity to deliver for Territorians in the health services that they should be getting from this government.
I have to deal with the radiation oncology issue that seems to be the other capital crime with which I am being accused of. I will quote from our Healthy Hospitals Plan. These are the policies that we put out during the 2001 election. The radiation oncology unit was listed, and the commitment from us was to, and I will quote - I presume this is a direct quote. It certainly is what the words were saying. We were committing ourselves to work with the Commonwealth and private providers to set up a radiation oncology unit in Darwin. That is what we committed to in 2001 and that is exactly what we have pursued ever since to try to get this project delivered for Territorians. In the August mini-budget, we also raised the issue of Commonwealth contribution to the capital costs of a radiation oncology unit. We are on record very clearly saying that we would need to work in a partnership arrangement with the Commonwealth government to bring this about in the Northern Territory. There is no secret about it; we have shared that with Territorians from day 1. I have regularly reported, both to this House and the general community, about the progress we are making towards that aim.
Hopefully, we are close to resolving this issue. We simply need now an indication from the Commonwealth government, under their own programs and their commitments to cancer patients, as to what they might be able to do to help us establish a unit in Darwin. I would be delighted to turn up to the opening of such a unit, and I would even invite the opposition - there you are, that is how magnanimous I would feel on that particular day. What a fine day it will be. However, let us see what the Commonwealth has to say, because we now know exactly what level of support we need from the other partners that we would have to bring in.
We had some wild claims about the elective waiting lists. The Leader of the Opposition said they have doubled since we have come to government. In July 2001, there were 2355 on the waiting lists Territory-wide for elective surgery. In February this year, there were 3214. Yes, they are up, but you need to be very careful with your facts. If you are going to say elective waiting lists have doubled, it is simply not true.
The member for Greatorex is also on record of being wildly off the mark with his 1600 on the waiting list in Alice Springs. The number is nowhere near that. It is something in the region of 1200. If we are going to have a debate on health, let us stick to the facts and do not dishonour the actual situation that is in the community.
I believe this furphy about all this money going into the health system and absolutely nothing to show for it needs to be dealt with in detail. This is the main attack point that they brought forward today. If members will bear with me, I believe it is important to go through where the extra 43% of health expenditure has gone within the expanded services of our hospital and health system. The accreditation process has been a very big issue for us in the hospitals. Members may or may not know that there is a very stringent process involved in getting a hospital accredited. It is not just simply the counting up the number of beds and how many nurses you have. That is part of it, in what the capacity the hospital actually offers its community, but it gets down to the quality and functionality of the facilities. It gets down, even more importantly, to the hospital processes, and to what degree there are protocols in place to ensure that there are safe practices carried out in the hospital and what equipment is around every bed. It is a very stringent process. All five of our hospitals have reached an accredited level, and that is a huge achievement for our health system.
We have certainly promised to put in additional hospital beds as of the last election during this term of government, and we will be pursuing the fulfilment of that promise. In the meantime, in our first term, there are 53 extra beds - it went from 567 to 620. They are not ephemeral matters; these are beds that you put patients in surrounded by nurses and equipment. This is very tangible; you can have a look for yourself. A hospital bed is not just simply something with four legs and a mattress on it. It is a whole arrangement at various levels of care. A bed in the ED or the ICU has a huge amount of complexity around it and huge staffing numbers. Many of those bed increases have come from the establishment of an Intensive Care Unit in Alice Springs, with a High Dependency Unit with eight beds. There is a huge number of staff, right up to very specialised intensivists and anaesthetists, who have been needed to establish those eight beds in that area of Alice Springs Hospital. Similarly, in the expansion of the Royal Darwin and Alice Springs Hospital Emergency Departments - real people, real skills, totally involved in delivering health services to Territorians.
I have the numbers on where those 100 extra nurse positions are: the Royal Darwin, 47 of them; Alice Springs, 29; Katherine, five; Tennant Creek, three, and Gove, two. That is hospital-based nurses. Eight-six of them are actually filled as of 3 June. Beyond that, child health initiative nurses, 6.5 positions; single nurse post duplication, four additional nurses there; single nurse posts additional relief nurses to actually relieve single nurse post occupants; outreach midwives, two of them; PCAP-funded remote nurses, four of those - 20.5 additional nursing positions going into community health service delivery positions. Real nurses doing very real things for Territorians.
The additional hospital staff of 289 are spread right through all sorts of areas of the hospital - disabilities, maternity, the hospice, additional nurses in critical care, and so on. Renal is a big expansion area for both hospitals and community health services. The Emergency Departments I touched on earlier, $6.1m into the new part of the ED in Darwin.
I cannot even imagine what it would have been like to work in those two hospitals under the last few years of the CLP. How did they manage? We had so few resources to do the job that you now think that we do not have enough resources for ...
Dr Lim: We had a lot fewer people waiting for elective surgery.
Dr TOYNE: How did you manage, sport? You were there; you were in Cabinet. Were you happy with the health budgets that came through the CLP in their last years? Were you doing some sort of super management to manage with 43% fewer resources? I do not think so. I can remember many people that I am good friends with out bush who were not getting any care at all, and that is on your lasting legacy to see that happen.
Hospital in the Home is another key area that we want to extend down to Alice Springs, according to our election promise, and expand it further in Darwin. People like that service because they can go home with their family and their familiar surroundings and continue their care there with a good nursing coverage of the delivery of that care, where it is appropriate. There are some patients - many patients in fact - where that would not be appropriate. However, there is certainly a significant group that can be put into that program.
There is base funding for extra nurses, doctors, key positions in anaesthetics, critical care, the further registrars, part-time emergency consultants, nine nursing positions - all into Alice Springs Hospital. We now have a full set of senior clinical leaders in each of the departments in Alice Springs. I can stand here now and say Alice Springs is a safe hospital in the services that it delivers and it is sustainable in the way that they are being delivered.
A 12-bed hospice is now fully functional and fully catering for its clients. The health call centre and all of these things have come out of the additional health funding. On the subject of better pay for our nurses and doctors, the EBA that we negotiated for our nurses still has us in the top echelon of paying conditions around the country. We will, obviously, be going into another EBA negotiation with them in the near future. Unlike some conservative members of the community, we are going to ignore the Commonwealth industrial relations laws. None of our public servants are going to be on AWAs. They will get decent, collective negotiations and get decent paying conditions that are guaranteed by our government. That is going to be helping to bring people here to this government service.
We have been particularly successful in getting more dentists. I think 14 dentists have been recruited into the Territory. Dental waiting times have now gone down dramatically, alongside the revamping of the school dental services. I went to the Palmerston Dental Clinic as well as many of the school dental rooms that are being refurbished. It is a great story. We are going to have one of the best coverage of basic dental care and access to dentists in Australia.
It has been a painful process for us to jump in and actually work with St John and with the work force to get a reformed ambulance service in place. However, from what I have heard today, the EBA negotiations are getting pretty close to finalisation. That is another very important step that we are waiting for to see the final form of a reformed, safe and sustainable ambulance service. We have had to increase the funding into that service significantly. We have had to help the service to revamp its equipment and expand the number of ambulance road time in all three major centres - Katherine, Alice Springs and Darwin.
The maternity service has been one of our most important expansions where we have brought in both homebirth and the community-based midwife-led maternity services. We are currently moving to construct the birthing centre in Royal Darwin Hospital. Along with the high level care in the current maternity wards, that will give women a very strong choice here in Darwin and other centres with the community midwifery and homebirths in Alice Springs.
The immunisation rates of children have gone up with a 7.7% increase of immunisation of kids aged 12 months to 15 months. Children fully immunised in the NT aged 24 to 27 months increased by 10.1%. Every one of those kids has been taken out of early childhood ill health and subsequent impacts on their adult health. We believe that is one of the best outcomes of all of the child maternity work that we are doing.
We have expanded renal services to remote areas. We have put a major renal facility into Tennant Creek. We have training centres now that are equipping renal patients to go out to remote communities. We have supported the Western Desert remote dialysis initiative. The Kintore people were so inspiring in the way they got that through.
I believe we have phased out four single nurse posts to date, and we are still working on a further phasing out of those single nurses. They are burn-out material and we have to phase those out.
We continue to work with non-government services on the Centre for Remote Health. We have very strong close working relationships with the AMSs and the Remote Area Nurses of Australia. I have, at a personal level, strong working relationships with those organisations.
Dengue mosquito eradication – we got rid of them out of Tennant creek. That could have been the start of a major problem for the Northern Territory. We have jumped on it, got rid of those mosquitos; they have not been sighted now for quite some time - it is going on for a year.
We are still working on general practice in Tennant Creek. I know the member for Barkly will never give up on me until that is sorted out. It is not primarily our responsibility; it is a Commonwealth issue. Where we have been able to provide complementary support to the recruitment, we have certainly done it. We have offered surgery facilities and we have worked very closely with the Tennant Creek Council to try to pull off the recruitment. I understand that the Royal Flying Doctor Service is involved now to provide that service.
That might give you some idea of the substance of what we have done with the additional money that we have put into health. I will use my remaining time to just say this: I go around the health system regularly. I have been to probably 80% of our remote delivery sites, all of our community health centres, and all five of our hospitals, and several of those on repeated occasions. Wherever I go I see the fantastic quality of work that is being done around our health system.
It really annoys me to hear the doomsayers talking about crises, with no substantiation of the case, dishonouring the work that is going on in our system which is attracting attention all around the country. Even more importantly - they can talk about all their e-mails and all these people that are roaring up them in the street - I talk to lots of people through the Territory community and I hear far more complimentary remarks about our health system, particularly our hospitals, than I ever hear criticism. Sure, there are people who do have adverse experiences on occasions. When you have 4800 people working on delivery of such a vast array of health services in such a vast array of sites, there are going to be times when people do not get an optimal experience. However, the vast majority of Territorians like the health service, like the health system and believe that it is tracking pretty well. They do not believe it is in crisis or that the government is mismanaging the task of continuing to build it up. I look forward to continuing my responsibilities in health, and I am sure I am going to enjoy a lot of days of celebrating our achievements.
Dr LIM (Greatorex): Madam Speaker, today we wear this orange ribbon to mark Harmony Day. I would like to really be in harmony with the Minister for Health to ensure that health services are delivered well and to the satisfaction of every Territorian.
This censure is a censure of the Chief Minister; about how she has stood by her inept Minister for Health. The Chief Minister is not even here to defend the Minister for Health …
Mr HENDERSON: A point of order, Madam Speaker! The member well knows that he cannot reflect on the presence of any member of this Chamber, and I ask him to withdraw.
Dr LIM: I withdraw that, Madam Speaker. My concentration lapsed, so I withdraw that.
The Chief Minister has failed to defend the Minister for Health. That is ample evidence that the Chief Minister is probably embarrassed about the Health Minister. This censure is of the Chief Minister, yet I do not hear any defence from the Chief Minister. Here we listen instead to the Health Minister trying to justify himself, and I believe that is where it has all gone wrong. Why did the opposition choose to censure the Chief Minister? It is because she stands by what everybody knows is an inept Minister for Health who is disinterested in his portfolio of Health.
That is why the whole thing is in such a crisis - and do not deny that it is not in a crisis. The AMA for the very first time since I have been in the Northern Territory, which is 25 years, has come out, boots and all, saying that this minister has been asleep at the wheel. Doctors - the AMA is a very conservative organisation – would not say such things if they were not so very concerned about the quality of health care that has been provided through this ministry. Patients are in hospital to get the best professional care they can possibly get. I applaud our professionals for delivering such professional care for our patients. Without them, our health system would have fallen apart around our ears, not today, but years ago.
Let me demonstrate why I believe the Chief Minister should be censured; why she has failed Territorians. She has a minister who, I believe, is inept. I have said before that the AMA has criticised this minister with extreme words. Let me read into the record a quote from the AMA in the AMANT News February 2006, President’s Report:
- Unfortunately, Health Services have not progressed as hoped when the Martin Labor government was elected some four-and-a-half years ago. Many members feel that the incumbent bureaucracy is taking health for a ride with minister Toyne asleep at the wheel. This was most recently demonstrated on 6 January when he announced to the ABC that there was no bed shortage at Royal Darwin Hospital. This announcement flew in the face of the evidence which has been provided to the incumbent bureaucrats over at least the past two years, and which had prompted a bidding war for additional beds between the two parties at the last election. The 24 extra beds promised by the Labor government have not been forthcoming.
Members and their nursing colleagues are at breaking point, pulling hospital services together, and rightly expect more support from their minister. RDH has lost three senior clinicians over the past nine months. These members, who had over 30 years service between them, each expressed their frustration with management by the incumbent bureaucrats as part of their reasons for leaving.
If the minister had not paid attention to this, then it is an indictment on that minister and the Chief Minister for failing to recognise that the industry was saying: ‘Enough is enough, do something about it’. Why is the minister inept or disinterested? The ANF has been complaining for months about conditions, not only in the Royal Darwin Hospital, but also Alice Springs Hospital, Tennant Creek Hospital, Katherine Hospital - you name it. It is no wonder the Leader of the Opposition said that we are receiving decreased services in our regional hospitals. I heard the Chief Minister interject earlier, when that comment was made, as if she was not aware that that was what had happened.
The ANF, in an interview on the ABC on 17 January 2006, highlighted the issue of shortage of nursing staff in Alice Springs, in particular, on that day. The executive officer of the ANF said:
- The issues for the nurses are that they have not enough staff to cover all the shifts; at this moment, they are 10 nurses short on the emergency department roster.
She went on further to say:
- The nurses are tired; the nurses have worked long stretches.
She also recognised that, unless something was done urgently, these nurses are continually being put under more stress.
A month later, the same thing occurred and the ANF was again interviewed about the Alice Springs Hospital shortages. She was asked about the Emergency Department at the Alice Springs Hospital and also the hospital in general and she said:
That was extremely crowded with no room to move, nowhere for more patients to come in, every available space had a patient on a trolley, there were patients on trolleys down corridors. In an area called the plaster room had four patients on trolley beds, a treatment room. So it was pretty much chockers as far as where patients could go next.
She went on to say:
- Well, I have concerns for a combination of the staff and the patients … if they need access to toilets they are pretty much in view of other people. There was no oxygen suction in the corridors where they are parked on trolleys, there is no patient alarm.
Further on she said:
- The staff are working double shifts, they are exhausted. They have new people arriving all the time so, hence, the skill level may not be at the level they should be … Patients are being compromised ... Across the hospital they are between 50 to 60 nurses short. Now they have just received … they were … allowed to go and obtain 10 nurses.
It goes to show it is not something that the opposition is making up. This is something of which people in the industry know better and they are saying it publicly. Yet, this minister says everything is hunky-dory. I do not know how he can do that. For the Chief Minister to say: ‘My minister is doing a fantastic job, I stand by him’, yet refuses to defend him, tells me a lot. The Chief Minister is going to Teflon-coat herself so that none of this is going to get stuck on her.
Patients have rung, written, and sent e-mails to me. Remember Mr Mark Slater who had a lump of steak stuck in his throat? He went to the media and told them how badly he was treated because there were not enough beds.
Mr Moody rang me recently and said that he has had varicose veins for almost three years. He has seen doctors and they all tell him he needs treatment. He went to see the surgeon at the Royal Darwin Hospital and they all agreed: ‘Yes, you need to have your varicose veins done otherwise the skin down your ankles will continually break down’. He has suffered ulcers in his ankles and, as soon as he is sewn up, they break down again and surgery is required. Guess what his surgeon told him? ‘Sorry, we cannot put you on an elective list because we do not know when it is going to be. However, if your condition gets worse, we can put you in as an urgent elective case’. It makes no sense because, if you do this surgery early before the patient has a severe condition then the surgery is easier, there is less risk, and it takes less time in hospital. He occupies a hospital bed for fewer days, he is back to work earlier, so everybody benefits. If you wait until he becomes an urgent elective case, when the skin is fragile and breaking down and there is the chance of infection, it means he has a more difficult form of surgery, it takes more time in theatre, and it takes more time for the surgeon. It means he has to spend more time in hospital, takes up the bed for longer. Therefore, the cost is greater, not only for the health system but for the poor man himself, who has to spend more time recovering before he can go back to work. I wonder when the minister is going to give Mr Moody his elective surgery. He would like to know that too.
Another case was a Mr Rouvali, whose son went to hospital with a lump in his abdomen. For some reason, while he was being cared for, he was not given appropriate treatment. It got to the stage where this man had to lance his own boil on his abdomen while he was in hospital to relieve the pressure. Just picture this man lying in his hospital bed, lancing his own boil. He is still in hospital so the minister can check it all out and find out what the heck happened.
The Chief Minister said: ‘Hey I support my minister, he is doing a great job’. Definitely not for Mr Rouvali and Mr Ken Moody. The minister said: ‘Oh, we treat thousands upon thousands of patients and we can have some people fall over’. I ask the minister and the Chief Minister: would they like to be those patients who fall through the cracks? Nobody in the Territory should be put through that situation where they fall through the cracks. Every patient deserves the best care they possibly can get.
The minister, obviously, also gets letters from patients, but he does not seem to want to reply. Why? Because he is in hiding. He has to be. Mr Alex Kraus wrote to the minister twice and sent me the e-mail. I responded. He is still waiting for Dr Toyne to respond. ‘Hello again Mr Toyne’, he writes today. I did not solicit this e-mail, it came from out of the blue to me:
- I am just writing again regarding the lack of a Dermatologist in Darwin, as e-mailed to you on 16 March. I am a very busy person myself and understand you are as well. However, I find it extraordinary that Mr Lim is able to reply within seven days, plus the NT News had printed it in their editorial page on Tuesday 21 March. On 20 March, I received an acknowledgement from Louise Scanlon stating that my e-mail had been received. Have YOU seen my e-mail Mr Toyne? Even my friends and colleagues saw it in the Northern Territory News, have been asking whether I have received a response from you yet. Today is the 13th day since I sent my e-mail and the ninth day since I received Ms Scanlon’s acknowledgement. When will I be getting a response?
It goes on. Minister, this man deserves a response.
Mr KIELY: A point of order, Madam Speaker! Just for the record, it is Ms Kraus.
Dr LIM: Then you know who the person is ...
Mr KIELY: I used to work with her.
Dr LIM: I apologise to Ms Kraus.
Members interjecting.
Madam SPEAKER: There is no point of order. Please continue.
Dr LIM: I apologise to Ms Kraus. It is signed Alex Krause – it could be a male or female. I apologise. I thank the member for Sanderson for advising me it is a female. Thank you.
The list goes on. There are people who are complaining, falling through the cracks and the minister says: ‘It does not matter, they can fall through the cracks. Why worry about it?’ These people deserve to have the same level of treatment as every other Territorian, including you. You would not like to fall through the cracks, well neither do they.
The minister, in his own defence - not the Chief Minister; the Chief Minister is not prepared to do that - tells us how all this is being done. I know the people from the Barkly Homestead and other parts of the Territory are ringing me and saying: ‘Our bush nurse is not visiting as regularly any more. We used to get the bush nurse coming at least once a month’. Now it is not happening and they have been told that the bush clinics are now being forced to run between 8 am and 5 pm - that is it. Many times, a bush nurse would have to travel hours to get to a homestead, and then have to get back to the base by 5 pm. How much time are they going to spend with their patients out there in the bush? That is because of departmental cutbacks - no other reason than that. The minister said there is 43% more money in the Health budget. Yes there is, yet people are getting less service. You think the bush people do not deserve to get service? I am sure they do.
The Chief Minister supports the minister. When we say the minister has been hiding behind his bureaucracy, the Chief Minister does not see it. However, everybody else does. If the minister had any conviction in his job, he would be there fighting for himself and not putting somebody up-front to fight for him.
This litany of failures is just unforgivable. Remember, in 2001, the major plank of the Martin Labor government election promise was to reduce waiting lists. Waiting lists have doubled or trebled. In Alice Springs, when the Martin Labor government took over, there were 450 people waiting for elective surgery. The minister said it is not 1600, it is 1200. What is the difference? It is three or four times what it was. In five years, it has grown. You cannot tell me that when you put more money into services, that the elective surgery numbers go up. It does not add up.
When the minister received the portfolio in December 2003, he declared he was going to bring the hospitals ‘into an orderly state’. However, within weeks, he said: ‘Oh no, I think it is time I went’. He was giving serious thought to retiring, only to be dragged back kicking and screaming by the Chief Minister to remain in politics until after the last election. Maybe it is time he went now. He can go now; he has won his election. Let a by-election take place and, maybe, we will find somebody more capable and willing to take on the Heath Department.
In December 2003, he was given the portfolio. Before Christmas 2003, he was going to retire. In May 2004, elective surgery was cancelled in Alice Springs Hospital. Remember that? Then there were patients lying in queues in the Emergency Department. At that stage in May 2004, 15 patients were waiting for admissions at the Emergency Department lying in corridors. This has continued since then. I was in the Emergency Department at the Alice Springs Hospital recently when I was visiting the member for Katherine after her injury. It was chock-a-block. The member for Macdonnell was also there; she knows. The following Monday morning, it was so full you could not walk through the Emergency Department.
In June 2004, this same minister presided over the sudden departure of the General Manager of the Alice Springs Hospital. You have to ask why, what happened there? It was that month that he said: ‘ICU remains open’. He said that in spite of intense questions by the media. Guess what? He stirred up such ire among the staff that they decided to go public. It was then that this minister was forced to retract. Can you understand why the opposition is so angry with the situation? We have been saying to the Chief Minister that you have a minister who has failed to perform; you have to do something about it. The Chief Minister should defend this minister and, if she does not, she is sending me a very clear message: ‘I do not trust this minister but I am not going to be here to be tarnished with him, and I am not going to defend him’. That is what it is.
Mr HENDERSON (Leader of Government Business): Madam Speaker, I speak to this censure motion to refute it and to state that, obviously, the government will not be supporting this motion. This is the most pathetic censure motion that I have seen since I have been in this House. If anybody wants to talk about a tired and apathetic minister, I certainly say we have a tired and apathetic opposition …
Members interjecting.
Mr HENDERSON: They are a tired and apathetic opposition because this is the most pathetic piece of drivel that I have heard. I learnt a lesson today. I wanted to listen to the entire content of this censure motion before government accepts it, because there is no substance to it. There is no substance to this motion whatsoever! No substance whatsoever has been prosecuted in the debate here this afternoon. The motion says that we are going to suspend so much of standing orders that will prevent this House from ‘censuring the Chief Minister and her government for failing to deal with the growing health crisis in the Territory’. There has been no substantiation that there is a growing health crisis in the Northern Territory. Of course, there are issues that need to be dealt with. There are always issues in the Health portfolio. In every jurisdiction in every western country in the world, there are issues in the health portfolio. However, to call this a growing health crisis, there has been no substantiation. With all due respect, I know one of those people that the member for Greatorex was talking about. He produced four or five examples of issues that have gone wrong. Out of a presentation …
Dr Lim: Will you give me another hour?
Mr HENDERSON: I am not the minister, I do not carry these numbers around in my head but, at RDH, there were 46 000 presentations at the Emergency Department last year. I defy any system to run like clockwork and be perfect and not have issues. With all due respect - and I will be contacting one of the people that the member for Greatorex mentioned tomorrow – I take those issues very seriously. People should not have to fall through the cracks but, unfortunately, they do. To try to weave four or five examples of people who have had issues with the system into a growing health crisis in the Territory is not substantiated.
We can see why the CLP opposition and the CLP members – well, he is not a CLP member anymore, he is a National Party member in the Senate - is so strongly supportive of the Howard government’s Work Choices Bill. Kevin Andrews yesterday said …
Dr LIM: A point of order, Madam Speaker! The work choices legislation has nothing to do with the censure on the Chief Minister about health.
Mr Henderson: It does.
Madam SPEAKER: There is no point of order. However, Leader of Government Business, could you come to the point?
Mr HENDERSON: I will get to the point. Essentially, the motion - and in Question Time today - calling on the Chief Minister to get rid of the Health Minister, is because the opposition do not like him. Because the opposition does not like him, therefore, the Chief Minister should dismiss him from the portfolio. We can see why they are such strong proponents of Howard’s work choices legislation.
I have been working in Caucus and Cabinet with my colleague, the Health Minister, since 1999. He is not tired; he is certainly not apathetic - this is one of the most hardworking ministers that we have. The other part of this motion talks about the Health Minister being subordinate to the health bureaucracy. The Leader of the Opposition talked - and I made some notes as members were talking - about being captured by bureaucracy. The thing that strikes me quite consistently, sitting on this side of the House, is how disparaging the opposition is of large numbers of our public servants - over and over again …
Ms CARNEY: A point of order, Madam Speaker! The minister is making an allegation and he can make it by way of substantive motion. I defy him to do so or …
Mr Henderson: This is a censure motion. I can say what I like.
Ms CARNEY: If you make allegations like that, sport, you can come back to the Chamber and do it in the proper way, otherwise do not tell lies.
Mr HENDERSON: A point of order, Madam Speaker!
Madam SPEAKER: Leader of the Opposition, I ask you to withdraw. You made a reference.
Ms CARNEY: I withdraw the word lies, Madam Speaker, and say untruths.
Madam SPEAKER: Leader of the Opposition, if you feel that you have been misrepresented in this parliament, you have the opportunity to speak to me about making a personal explanation.
Ms CARNEY: Yes, that is certainly the case, Madam Speaker, but I do ask that you rein in the minister when he is clearly telling whoppers.
Madam SPEAKER: Leader of the Opposition, resume your seat. Minister, continue.
Mr HENDERSON: Madam Speaker, we are sensitive, are we not? There have been constant attacks by the members opposite and, in the first term …
Ms Carney: Name one!
Mr Mills interjecting.
Madam SPEAKER: Order!
Mr HENDERSON: Madam Speaker, I will name one: the constant attacks on the CEO of the Health Department. They are on the record all over the place attacking the CEO of the Health Department. There have been attacks - not in this term of government, but certainly the last term - on the Police Commissioner, the CEO of the Chief Minister’s Department has been hauled into the political debate, and the opposition continually refers to senior public servants in disparaging ways ...
Ms Carney interjecting.
Madam SPEAKER: Order!
Mr HENDERSON: We sat over there for 27 years …
Mr Mills: Check your own record; your own history.
Mr Stirling: No, never bagged a public servant.
Madam SPEAKER: Order!
Mr HENDERSON: We sat over there for 27 years, and myself for two. However, I will defer to the father of the House, the member for Nhulunbuy. We were very careful about ever attacking the public servants. Those 4800 staff who work for the Health Department across this great Northern Territory of ours do an absolutely magnificent job. Whether they are clinicians, in the administrative arm of the Health Department, or senior executives on contracts, each and every one of them are busting their gut for that department, trying to get good health outcomes for Territorians.
Therefore, to bring a motion in here saying that the Health Minister is subordinate to the health bureaucracy is offensive to very many hardworking public servants who are doing the best they can to provide the best possible care to Territorians. I would caution the opposition: bag the ministers if you like, that is what this Chamber is about. Have a go at us, but do not attack bureaucrats and public servants either individually or collectively, because they do a fantastic job.
There are only two parts of this motion. There is an oblique reference to a growing health crisis that has failed to be prosecuted and an allegation that, somehow, the minister for the department is subordinate to the bureaucracy and that is a terrible thing.
I have spent many hours with my colleague, the Health Minister, allocating the additional 43% that has gone to the Health Department - an extra $207m - to improve health services across the Northern Territory. He has been a very passionate advocate for improving those services. I am not going to go through the key achievements here again. The minister detailed those very well.
The opposition again tried to disparage, saying that the money that we are putting in is, somehow, paying fat cat public servants to do goodness knows what they think those public servants are doing, as opposed to going into the front-line service delivery areas of government. We had two or three questions on that in Question Time today from the member for Greatorex. In the first question, he stated that somehow there were 151, I think it was, extra administrative staff employed, and it was like James Hacker and an efficient hospital with no patients. The minister very quickly said, actually we have only put on an extra 26. Yet, they keep repeating their own assertions that are not backed up in fact, and are trying to convince Territorians we have empty hospitals and armies of bureaucrats. It is just not the case. There are certainly significant extra front-line staff in every hospital and most of the clinics of the Northern Territory.
The Leader of the Opposition complained that we had increased the wages bill of the department. She complained that we had the temerity to increase the wages bill from $304m to $342m. That is to deny all of those hardworking front-line staff that the Opposition Leader purported to support in her contribution today. That is to deny those front-line staff their EBA increase. Over that period there was an EBA increase to doctors, dentists and nurses. Okay, we could have saved that $38m; that is fine. Where do you think those nurses and doctors would have gone? They would have been off to other better remunerated health services across the Territory. If you want that message to go out there, that as an opposition …
Ms Carney: I am sure that is how you will spin it; you know it is nonsense.
Mr HENDERSON: … you would deny our clinicians a pay rise, we will help you spread it. I will certainly tell some of the nurses in my electorate that the opposition would deny them a pay rise …
Ms Carney: You do that and you will be sued! You do that and I will sue you!
Madam SPEAKER: Order!
Mr HENDERSON: No, the opposition complained, Madam Speaker, and drew to the attention of Territorians that, somehow, we should not have increased the wages bill from $304m to $342m. There is a lot of front-line staff who would not have received a pay rise as a result.
The member for Greatorex said Paul Bauert made some comments as he will do. He heads up a professional association, a union body. I have a lot of respect for Paul Bauert; I know him personally. However, to imply that this was the first time the President of the AMA had ever had anything negative to say about either a minister or the state of the health system in the Northern Territory is completely wrong. I can remember many occasions when the CLP were in office when the presidents of the AMA were challenging the government of the day on the adequacy of the health system. It happens all the time, in every jurisdiction. That is what the AMA does. That is not to say that a minister or the government would take that criticism lightly. The AMA is a very respected organisation, doing the job on behalf of their members.
For the member for Greatorex to say it is unprecedented; that the president of the AMA has never made criticism of the Territory health system or government before, is just patently wrong. I can remember a couple of explicit examples when the former member for Drysdale was Health Minister. One was in regards to the failure in the last years of the CLP administrations to introduce any anti-smoking legislation in to the Northern Territory …
Mr Stirling: Accreditation, another one.
Mr HENDERSON: Accreditation at RDH was another one. Another one was the failure of previous governments to expand renal services into regional centres. Those are just three off the top of my head, but I am sure if we go back through the media archives we can find many more.
We cop the criticism on the chin. My colleague, the Health Minister, has met with Dr Bauert a couple of times and we will move forward.
It was the same with the ANF. I remember when the former member for Drysdale was the Health Minister, he would not meet with the ANF. He would not pick up the phone and talk to them, they were not allowed through his door - he would not meet with the ANF.
It is great that you have found the union movement now you have been on the opposition benches. I encourage you to do that and to talk to the collective organisations representing those memberships. However, to now be the champions of the ANF - and this is not decrying their message; we listen and will work with professional organisations such as union bodies across the Northern Territory – and to say that it is unprecedented that the ANF is criticising the lack of nurses throughout the Northern Territory, you are trying to rewrite history. However, history will not support you. I know that the Health Minister’s door is open to the ANF, the AMA and any other industrial or professional organisation involved with health services which want to meet with him.
The big challenge - I will wrap up in a moment - if we are going to have a debate on Health, is one that is preoccupying my mind as Police minister at the moment. I had a meeting with my colleague, the licensing minister just the other day on this issue. If we, as a parliament, want to be serious about reducing the ever-escalating costs and complexity of presentations that are walking through the front door of our hospitals across the Northern Territory, we have to look at the issue of grog. So much of that trauma that is presented to our hospitals is unacceptable. It is driven by excessive consumption of alcohol. There are huge costs, not only on the human face of the tragedy that surrounds the grog issue in the Northern Territory, but those associated with providing government services to clean up the mess afterwards.
I look forward to a debate in this House in the future if we really are going to be serious about addressing some of the health issues in the Northern Territory, let alone the policing, Corrections and all other issues that surround this. Grog is probably fundamentally one of the main issues that this parliament needs to get a grip on because so much of this trauma and cost is driven by the alcohol issue. That has not been touched on; that is a debate for another day.
Madam Speaker, the government is certainly not supporting this motion. I move that the motion be put.
Motion agreed to.
Madam SPEAKER: The question now is that the motion be agreed to.
Motion negatived.
RACING AND BETTING AMENDMENT BILL
(Serial 39)
(Serial 39)
Continued from 21 February 2006.
Mr MILLS (Blain): Madam Speaker, the opposition supports the bill. We have had extensive briefings over a period of time. It has been a long time coming. I appreciate the updates the minister has provided. I make mention of a previous member, Mr Baldwin, who is also aware of the history of this bill. We have no problem whatsoever in supporting the bill.
Mr STIRLING (Racing, Gaming and Licensing): Madam Speaker, I thank the opposition for their support. I have kept the opposition apprised of progress of this bill. It does go back quite some time. It was deferred, delayed and held off in view of a number of other movements at different times. I have kept the opposition up-to-date with those moves. We think there is clear air around this issue, such that we ought to regularise the activities of the corporate bookmakers in the Northern Territory in relation to Tote odds betting. We appreciate their support.
Motion agreed to; bill read a second time.
Mr STIRLING (Racing, Gaming and Licensing)(by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
DEFAMATION BILL
(Serial 41)
(Serial 41)
Continued from 22 February 2006.
Ms CARNEY (Opposition Leader): Madam Speaker, I note I am unable to reflect on the presence or otherwise of the Attorney-General, so I will not. In any case, I will be brief. The Defamation Bill was a very interesting one. The area of defamation is a fascinating one and is not, despite what so many people in the community think, used by lawyers in small jurisdictions like the Territory as often as it is elsewhere in this country. As a lawyer, I had many people come in and say: ‘So and so said something about me and I want to sue them’. You would calm them down, and suggest to them …
Mr Henderson: Threatening to sue me a minute ago!
Ms CARNEY: I will pick up that interjection.
Mr Henderson: Does this legislation help you do that?
Madam SPEAKER: Order!
Ms CARNEY: Since you are such a smart alec, member for Wanguri, I am very happy to come to it. I would have people coming into my office saying absurd things about what people had said. You would have to calm them down and say there is no course of action. On the other hand, when you have really profoundly stupid people saying really profoundly stupid things - and defamatory things - then you know that you have a course of action and you would advise your client accordingly. Didn’t you have that one coming?
In any case, the law of defamation has seen a bit of work in recent times under the Labor government. How many have we had? We have a couple of them now involving the member for Greatorex. We have the great disaster involving former minister, Jack Ah Kit. I believe the current tariff is about $464 000 in money expended in such a cavalier fashion by this government in order to pursue their persecution of Warren Anderson. That is only, of course, the figures up until October 2005. We look forward to looking at more details of how much this episode has cost.
I guess it is fair to say that some people are really good at defamation, and some people are really bad at defamation. Members on the other side, it could be said based on relatively recent history, do not know much about defamation and they should watch their comments.
Despite lots of people thinking, on a fairly regular basis, that they have a cause of action for defamation, it is not an area that is used with great frequency or, I should say, not an area in which it is practiced by practitioners around the Territory on a particularly frequent basis. It is, therefore, a specialist area. There are some practitioners who specialise in it, but they are relatively few.
As I do in the normal course of events in relation to so much legislation, I have contacted the Law Society. In essence, they advise that they have no major difficulties with the bill. I have spoken to a few lawyers in Darwin about it, none of whom seem terribly interested in it. I suspect it is because so few specialise in the area. It is not a common area of practice, especially in pursuing the matter up to and including the issuing of proceedings. In any event, it is fair to say that the legal profession is reasonably unmoved by this bill.
It is the case with other important areas of reform that a number of legal practitioners contact me - and I am glad that they do - either to offer their assistance or to provide general comments. That cannot be said in relation to this bill, which I was a little surprised about, because I regard it as a very significant piece of legislation. However, we all know that practitioners, like everyone else in business, are working pretty hard to make a living, so I suppose many of them just do not have the vast amount of time that is required to carefully go through a bill of this nature.
For my own part, I have no major difficulties with the bill. I do not profess to have ever specialised in the area of defamation. I only ever ran, as a lawyer, two cases up to court. I certainly write lots of letters on behalf of clients suggesting to others that they might like to withdraw potentially defamatory comments, but I do not profess to be an expert in the area.
I did look at the bill and the second reading speech and regard it as significant. However, while I and the opposition are supportive of the bill, I do not support the creation of a statutory cap of the amount of damages for non-economic loss. As members and the Attorney-General in particular knows, tort law reform has undergone a lot of change in recent years, and damages for a host of injuries, or causes of actions have been limited. It is fair to say that the Attorney-General knows my views in relation to that. Put simply, I still do not see any benefit to anyone in the capping of damages. I believe it is too easy for politicians to dismiss objections to the capping of damages by saying, as I have seen politicians here as well as in other jurisdictions, the effect of: ‘Well, it was all because of 11 September that we had to cap damages’ or ‘It was all because of HIH that we had to cap damages’. The fact is that no one, in my view, is seeing the benefit of the capping of damages, and potential claimants are being disadvantaged - there is no doubt about that. With the reforms to tort law reform in recent years, I genuinely and sincerely feel for potential claimants who are not going to receive the full amount of compensation that they might otherwise have received.
I say in passing that I have a similar basis for my objection in relation to minimum thresholds. Again, that has come into play in some tort law reform. I note that it is a component of the new Victims of Crime scheme. I will maintain an objection to that because, at either end of the scale, I do not think that legislators should dictate what the minimum or the maximum is. Politicians and Attorneys-General around the country, with the greatest of respect, are very good at saying, when it suits them, that they have the utmost confidence in the judiciary. Yet, if they have the utmost confidence in the independence of the judiciary, at the same time they are very given to limiting the amount of damages our courts and judges can award. I see that as an inherent inconsistency.
Madam Speaker, because I have long felt so strongly about this issue, I thought it appropriate to put it on the record for the Attorney-General. In a nutshell, we are supportive of the bill but we do not support the capping of damages - not in the past, not now, and not ever. I am sure you will take my comments in the spirit in which they are intended.
Mr BURKE (Brennan): Madam Speaker, I support the Attorney-General and the introduction of the Defamation Bill 2006. The Territory is known, and has been for sometime, for its free-speaking and free-thinking individuals. It is part of the Territory’s colour.
There exists in our legal system a tension caused by balancing two important but, at times, conflicting rights: the right to freedom of expression versus the right to maintain ones personal reputation and good standing in the community.
For me, one of the most important aspects of the Defamation Bill 2006 is that it brings the Territory in line with the rest of the country. I am a great believer in national uniform schemes. It makes a great deal of sense to me that there be one set of rules instead of eight; it makes life easier for everyone.
There is a great industry involved with information, particularly information dissemination. It is not just hard copy newspapers and magazines. There are a variety of electronic media that disseminate information. Everyone knows that newspapers and televisions stopped being limited to Australia’s state and territory boundaries long ago if, in fact, they ever were. Certainly, the Internet creates all sorts of legal complications, no more so than in the area of defamation.
Mr Gutnick’s case is an excellent example of what the Internet can do to defamation laws. The High Court had to rule on which was the appropriate forum for hearing the case - Victoria or the state of Delaware in the United States. Examples such as this make clear the ridiculousness of eight different defamation regimes across the one country. It is going to be difficult enough with just one.
There has been mention of forum shopping. Honourable members are aware that this is the practice of commencing your proceedings in the most favourable forum available to you. There is nothing wrong with doing this, in my opinion. A lawyer is ethically bound to mount the best case he or she can for their client, and litigation lawyers forever forum shop without leaving the state or territory they may be in. They ask questions such as: ‘Do we run the case in the Magistrates Court, Federal Court, Federal Magistrates Court or Supreme Court? Or: ‘We are in the Supreme Court, we want to try to avoid that judge if possible because he or she historically gives decisions contrary to our client’s interest’. These are legitimate considerations of the litigation lawyer. Any litigation lawyer who is not trying everything they legally can to use every available tactic to get the most favourable outcome for their client is not doing their job properly. The removal of differences between defamation systems reduces the tactics available to people engaged in defamation suits. Forum shopping can accentuate the imbalance created by a difference in financial resources. If one party, usually well resourced, can successfully launch proceedings in a distant jurisdiction, it brings additional pressure to a not-so-well resourced party. This may cause the other party to accept a settlement they might not otherwise have, or have them discontinue their action where they are the plaintiff.
Over the past few years, we have seen several high profile cases fought in the courts of the Australian Capital Territory. The basis for this was, in part at least, because the Australian Capital Territory historically made larger awards where cases were proven. It may have also been seen as a jurisdiction where it was easier to prove the case. A uniform national scheme not only removes many of the perceived advantages of forum shopping, but it also makes it easier for those deciding the cases or deciding the appeals on the decisions.
Law is a pedantic practice. The principle of deciding on the basis of, or with reference to, precedent has been part of our legal tradition since before Magna Carta. A singular difference in a jurisdiction can mean that its body of case law is of limited or no benefit on a particular point. A uniform national legislative framework removes this difficulty.
The bill clarifies the defence of innocent dissemination. This defence already exists under Territory law, but the bill clarifies the operation and extent of the defence. I can safely say that at least every law student in the Territory will be happy about this change. The provision will protect Northern Territory businesses from legal action when they did not know, and could not reasonably be expected to know, what was contained in the publications or material they were distributing. It will go some way toward bringing peace of mind to Northern Territory newsagents, librarians, book store owners, commercial printers and Internet service providers.
Defamation was brought into being to protect personal reputation. The exclusion of large corporations from the ability to sue is in line with this idea of protecting personal reputations. Businesses with 10 employees or less are exempted from the ban on a corporation taking action in defamation. This provides small Northern Territory businesses, many of which are inexplicably linked with the family names and reputations of those who run the business. The exclusion of large corporations from the redress available through defamation laws will, hopefully, prevent them from using it to stifle debate and criticism of company operations. I say ‘hopefully’ because some companies will, no doubt, engage teams of lawyers to analyse the legislation for weaknesses that they can exploit. It is part of the battle that goes on between Parliamentary Counsel and the rest of the legal profession that most of us never see.
The last 50 years has seen a marked increase in the number of multinational corporations, as well as the power and influence that they can bring to bear. If you want examples of pressure that large companies, and even industries, can bring to bear on a lone person or several individuals, just look to the asbestos claims for compensation and the behaviour of James Hardie Corporation. A corporation need never actually initiate action in defamation. The fact that the avenue would be available would be enough of a threat in many instances to stop people exercising the right to speak out.
A further consideration is the wealth of avenues for self-defence that large corporations already have. They can act through advertising, and many employ people to engage in political lobbying. I do not suggest for a moment that anything is illegitimate in these actions per se. My point is that corporations do not need the protection of defamation laws. A conscious decision has been made to prefer the competing interests of freedom of speech.
The provisions of this bill have been analysed and comprehensively considered in the Territory and throughout the rest of the country. This bill is an important reform; its subject matter is important. The right to freedom of speech is considered by many to be one of our fundamental rights. The bill may not have all the answers, and there may even be problems that become apparent through its operation. However, I believe it is a step forward nonetheless. If there are pitfalls, they are ones that those in all jurisdictions will be facing and solving. We, as a country, will have defamation provisions that are consistent.
Madam Speaker, I commend the bill to the Assembly.
Mr WOOD (Nelson): Madam Speaker, I will be brief. I thank the minister’s office for the briefing he enabled us to have the other day. The other person who attended was the member for Braitling. I would like to say a couple of things. In the explanatory statement, it refers to the abolition of the role of juries in defamation proceedings. I said at the briefing that I understand why the government intends to remove that role and that, basically, it has only been used about once in the last 30 years in the Northern Territory. I suppose I could argue the other way that that is a very good reason for leaving it there because it is not doing any harm. However, I argue that if it is not doing any harm, then leave it there and, if there is a need to use it or if a judge believes that it should be used, then it is there if needed. However, to take it out unless it is causing a problem is not the right way to go.
The other area which I would like to touch on relates to an area I raised at the briefing. Clause 24 is the defence of absolute privilege and talks about how, for instance, if something is said in this House that is defamatory, Hansard cannot be charged for printing that particular statement because it comes under this section of the act.
Then you have clause 25 which allows someone else to print matter that was contained in a public document such as the Parliamentary Record. If they were using that for the information of the public or the advancement of education, they could use that as a defence under clause 25 which is ‘Defence for publication of public documents’. However if I, as a politician, said something in here and it is recorded in Hansard, according to the letter the Speaker sent us some time ago regarding the case that was put forward in New Zealand, if I was to walk outside this building and even just affirm to a reporter that I had said it in parliament, then I could be charged, possibly, with defamation. The Speaker’s letter said we should err on the side of caution before we say anything outside this House. I know, of course, that when we say something in this House, it would be good to know that what we said was correct and we were not telling fibs or defaming somebody.
The argument is, of course, that if you said the truth in parliament, then you should not have any problems going outside and saying exactly the same thing if that is what you believe. However, sometimes parliament is used in a manner to say things which are not correct. It may be used as a political tactic to try to drag out some other information that people might be going to get, or used as a brutal hammer to try to destroy someone’s argument. That can be reported by the press because they would just report what is in Hansard. However, for a politician to go outside and say exactly the same thing, then they would be subject to defamation proceedings. Even though I understand there is the defence of truth, as explained to us in the briefing, it seems there is an anomaly, to some extent, that the press can write it and put it in the paper, but the person can say the same thing and can get done for defamation. I raise that as an issue worth bringing to the fore. I am sure the minister can answer that. It may be an area that we have to look at, such as the case in New Zealand, to get some more clarification as to whether the conclusions of that case apply in Australia, knowing that both our forms of legislature are similar. One would then presume that the ruling made in New Zealand is a ruling that would apply to Australia. That certainly is a case that needs to be clarified for our own Legislative Assembly.
In saying all that, I support the bill. I am certainly not a lawyer. I am grateful for things like the explanatory statement. It makes it a lot easier for people like me to have an understanding of what the bill is about. In areas like tort and defamation law, I will leave that up to the lawyers to delve into those strange bits of terminology.
I was pleased to see that there was a section, Part 3, Division 2, called ‘Apologies’. Clause 19 is headed, ‘Effect of apology on liability for defamation’, which provides that an apology made by or on behalf of a person will not constitute an admission of liability and will not be relevant to the defamation of fault or liability in connection with any defamatory matter published by the person. A number of other jurisdictions make provision along these lines under their existing law. However, there is no such provision in the Northern Territory act.
I welcome that inclusion in the act. It is a funny thing, when you put in that little clause, it reminds me, if you have a car accident, the best thing is to say nothing. Even to say you are sorry can sometimes be a problem. Here, obviously, we are allowing people to say they were sorry without that being an admission of liability. That is good. Just from a human point of view, this gives an opportunity to say sorry even though you may have been part of the cause, or said something that you know you should not have said. You are able to say: ‘I did not really mean to say it in that way, and I apologise for it’. Having this in the bill helps that section of the act which is about resolution of civil disputes without litigation, and that is important.
Madam Speaker, I welcome the bill and I am interested to hear what the minister has to say in reply.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I thank members, both for the support they have expressed for this reform and for the quality of their contributions. I believe every one of their comments were very valid, right around the Chamber. The key thing about this is that it is part of a national process. What we are trying to do is to get both uniformity and clarity into defamation law, which is notorious around the country for being, in the past, very opaque, I suppose, and very inconsistent from one jurisdiction to another.
While there will still be different nuances from one jurisdiction to another around the country, the Attorneys-General have determined that we had to have the key elements consistent through Australia, so that there was not a jurisdiction that was sufficiently different to attract forum shopping or create inequities between the way people were treated under the law around Australia, given that we are all one nation. That was a poor choice of words - one country, I should say.
I will deal with some of the points that were raised. I accept what the member for Araluen was saying about caps. There is always going to be a judgment about whether court discretion should prevail in this. However, it really amounted to ‘one in all in’. Some jurisdictions were going to go to a cap and a majority of jurisdictions in our national forum indicated that is where they were going.
I share your misgivings about tort law reform and its outcomes. I am still yet to see the benefits flow through to the consumers of insurance for the reforms that we all initiated nationally. We are still watching closely to see what is happening - not only to the insurance coverage and the cost of insurance, but also the impact on actual numbers of people who have tried to make claims against their insurance cover. We still have to be aware that there needs to be a balance between the individual interests and rights of our citizens and the need to maintain the viability of insurance cover. At the moment, as far as I am concerned, the picture is not overwhelming or, let me put it this way: that there have been beneficial improvements in the insurance cover. Whether that is because of the international cycle of the financial markets or because of the reforms, is yet to be really proven. We are going with the national cap because it simply means that we are not going to attract any untoward attention because we do not have a cap, whereas everyone else does.
The member for Nelson referred to the abolition of juries. The key characteristic of this bill is that we are trying to, wherever possible, make the process simpler and clearer, and with as little cost as possible. Keeping juries is really going against that overall trend of the legislation. It brings complexity in hearing a case that we felt had not been used, except for that one occasion in the history of the Territory. I agree with the logic of what you are saying but, in the overall context of what the bill is trying to do, we felt that if you could simplify anything you should. Having a judge alone make the final determination seemed to us to be a more straightforward process. That is why we decided to have the non-jury alternative. If you looked at the other jurisdictions, some are doing it and some are not. We felt that is a simpler process with the judge overseeing the case and making the determination.
Absolute privilege is absolutely the same as we have had for years, in fact, since the Legislative Assembly started. You say what you want in here on controversial issues and, if the journalists or any of our citizens want to do something with it, they grab the Hansard and use it as they will. Right from the moment I entered parliament, it was drummed into me that you do not go out and repeat stuff that you have said under absolute privilege unless you are absolutely certain that it is not going to attract some litigation. If one of us, in a rush of blood to the brain or error of judgment, comes right out with it on the steps of parliament, then you are into this framework. Basically, if what you are saying is the truth, then you have the defence of proof and the other defences and criteria that are set out in this legislation.
You could say for us nothing has changed; that we know where absolute privilege applies and where it does not apply. Members have to use their judgment on that. This legislation does not impact on that one way or the other, only to the extent that it clarifies a uniform set of defences and other issues that you would be subject to if you did find yourself in a defamation action.
I believe that covers the field. I acknowledge the work done, both at the national level in developing the model bill and, of course, adapting the bill to the decisions we made as a government as to nuances we wanted in the bill to suit Territory conditions.
Motion agreed to; bill read a second time.
Dr TOYNE (Justice and Attorney-General) (by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
ADOPTION OF CHILDREN
AMENDMENT BILL
(Serial 38)
AMENDMENT BILL
(Serial 38)
Continued from 23 February 2006.
Dr LIM (Greatorex): Madam Speaker, the opposition supports this bill. I had the opportunity to receive a briefing from the minister’s office recently which addressed the majority of my concerns. I sought ministerial clarification at the briefing and I look forward to her clarification of the intent of this legislation. While stated in the explanatory notes, it was not clear in the minister’s second reading speech. If the minister can clarify the issues that I raised at the briefing, I will be satisfied. The opposition has no hesitation in supporting the bill.
Mr WOOD (Nelson): Madam Speaker, I only have one small query. I believe you said that, because of the changes to the way the registration of births is done in some countries, it is much quicker than it used to be. The problem is that Australia does not always know that there is a trigger to tell Australia that that has occurred. I am just to trying to find the section where you said in some countries they do not have to tell Australia about that particular person. How will the Territory know? I may have explained myself very poorly there, minister, but my understanding is that it is simply a case that they have sped up the regulations in these countries, which does not necessarily trigger a factor in Australia. How do you know that that has occurred in Australia?
Mr KIELY (Sanderson): Madam Speaker, I speak today on behalf of Territory families who have a son, daughter, brother or sister, who may have been born in and adopted from an overseas country. For some time, I have been in contact with the minister’s office representing the concerns of these families whose children could only be issued with an extract rather than a full Australian birth certificate.
I have been advised by those families, as the minister has already stated in her second reading speech, for a person to establish their identity the primary document is a birth certificate. In this day and age of heightened national security and reliance on fully scrutinised government documentation that establishes one’s identity, the inability or disallowance from obtaining a full birth certificate can have a significant impact on the individual’s ability to obtain such things as a passport, driver’s licence, bank account and so on.
As well, the right to a full birth certificate must be seen as a right of equality. The minister was quite accurate when she said that a full birth certificate gives a child a single universally recognised document that will affirm their birth details and their adoption to their parents. A birth certificate confers dignity and equality of treatment of all children regardless of where they were born.
Some might not consider the changes we are flagging today as being of any major significance in the greater scheme of things, but I am of the belief that all social policy that we deal with in this Assembly is highly important because it always has some effect on the individual. I am, therefore, doubly pleased when we are joined by the opposition in supporting policies which will make our community a more equitable place and, therefore, a better place for all of us.
I am pleased that the opposition supports this bill, although I must admit that it comes as no surprise because the Leader of the Opposition, the member for Araluen, has, to her credit, a strong record of supporting matters of equity regardless of the position and likely political fallout, even if that position is in conflict with other members of her team. Well do I remember - and let me once again take the opportunity to acknowledge and thank the current Leader of the Opposition who was at the time shadow Attorney-General - when she spoke so passionately and forthrightly during the debate in November 2003 on the Law Reform (Gender, Sexuality and De Facto Relationships) Bill, more commonly referred to as the ‘gay law reform’ debate on the unequal treatment of young men in regard to their right to participate in consensual same-sex relationships.
I have had a look at a transcript of an interview the Leader of the Opposition conducted with Julia Christensen on 25 November 2003, when it became widely known that she intended to vote differently than all but one of her CLP colleagues. When asked by the reporter ‘Why have you decided to go with the government on this one?’, the member for Araluen replied:
- As you know, before getting into politics I was a lawyer. As such, I take equality before law pretty seriously. Obviously, I do not speak for the government, but it seems to me that all this legislation is trying to achieve is a measure of equality before the law.
This is the link I wish to make between what we are doing today and what we did then. First, I make this observation: it is a truly significant thing that the desire expressed by the majority of members of the CLP parliamentary team in 2003 to retain entrenched inequality in our community, and to continue to deny a particular cluster of people equality before the law - something that the member for Araluen so rightly railed against - was a precursor to the disunity and, ultimately, the dismal situation where they came back into this Assembly after the last Territory election with a much depleted team, both in numbers and energy.
However, I am left to wonder, somewhat concerned, given the member for Araluen’s recent public posture on a range of issues of equity, if she will ever vote again with her conscience and remain true to her principles as she did before taking on the Opposition Leader’s role.
Madam Speaker, today in this Assembly we will once again achieve equality before the law for a group of Territorians who, previously, did not have the same rights enjoyed by the greater community. I am pleased, particularly with the support of the opposition, to commend this bill to the Assembly and thank the minister on behalf of adoptive families throughout the Territory for introducing and successfully carrying this bill through the somewhat, at times, convoluted legislative process.
Ms LAWRIE (Family and Community Services): Madam Speaker, I acknowledge the bipartisan support that this amendment to the Adoption of Children Act 1994 has received in the Chamber. I thank the shadow minister for his and the opposition’s support.
I also respond to his queries that he, quite appropriately, raised at the briefing he received on the amendments that we have before the Chamber today. His queries, as I understand it, went to two key areas. The first area was the rights of veto of relinquishing parents. The advice I have received from my agency is that, prior to the 1994 legislation, there existed in the Territory Commonwealth legislation that was then commuted to Territory legislation under self-government. Under the old legislation, there were rights of veto that the relinquishing parents had; in effect saying that if an adopted child sought their natural parents, they had on record the right to veto the opportunity for the adopted child to find out who their natural parents were. However, that veto was exercised on a three-yearly basis; it had to be renewed every three years. The advice I have received is that the new Adoption of Children Act in 1994 changed that situation. The 1994 legislation introduced no right of veto. From 1994 onwards, that is still currently going to be the case in the parent act. We are not proposing to change this with the overseas provisions we brought before the House.
Part 6 in the current act contains ‘Access to Information’ provisions. Within that Part 6, section 61 talks about the relinquishing parent, or the adoptive parent and the adoptive child, all having the right to seek information. However, associated with that right to seek information is the mandatory requirement for counselling. Within that mandatory requirement for counselling is a process whereby the expressed views of the relinquishing parent are taken into consideration. There is actually a register of those views of the relinquishing parent. Whilst it is not a register of veto - for example, if a relinquishing parent had said at birth in relinquishing the child, ‘I feel strongly that I do not want to be reunited’ - that would be raised within the mandatory counselling. There is a right each of the parties can exercise in seeking information, but that comes with mandatory counselling. All the issues are brought forward in that mandatory counselling session and assessed and judged, quite appropriately. I did want to touch on that issue for the shadow minister who, quite appropriately, raised it.
Obviously, when you raise the issue of overseas adoption, with that you raise the potential and the concerns around baby smuggling. That is something all nations in the world have great concerns about. In fact, we are not proposing to weaken, through this legislation, the protections to avoid baby smuggling. What we believe these amendments that we bring forward in the House and, hopefully pass today, will do is, in fact, strengthen quite significantly our jurisdiction’s attention to the issue of the Hague Conventions that all nations should be adhering to; to protect the rights of the child and of parents against the horrendous act of baby smuggling. Quite specifically, we raise that and insert into the legislation through the amendments today a reference to our magistracy to take into account those Hague Conventions. They existed anyway, through Commonwealth law through our signing up to that convention. However, what we have done is actually write that into these amendments so that there is a reminder, if you like, to our judicial system in the Northern Territory that they must take into account those quite important conventions. Whilst we have not changed the status, what we have done is indicate, through the amendment, that we are reminding the judiciary to remember the Hague Conventions. We believe that is actually putting in additional layers of protection for both parents overseas and their children. Hopefully, shadow minister, that clears up those queries for you.
Regarding the query that the member for Nelson raised, where he asked how the Territory would know in regard to the final orders for adoption. Increasingly, countries are processing the adoption processes in their own country. What is created through that process is what we call a foreign order. When the adoptive parents come into Australia with their adopted child, they bring their foreign orders with them and they register those foreign orders with our Births, Deaths and Marriages. That is how we would become aware of an adoption process that has occurred overseas. Our legislation makes the registration mandatory rather than a discretionary process for our Registrar of Births, Deaths and Marriages. We really are providing very clear triggers to tighten up on the registry of those foreign orders. We are the first jurisdiction to do that, and our legislation, hopefully, will be used as model legislation right around Australia. Independent member for Nelson, I hope that cleared up your concern.
I thank the member for Sanderson for contributing to the debate. It is a raft of amendments that he has sought for some years. As an active local member, he was approached by constituents who have adopted children from overseas who, in the course of the normal function of life, either went to get a passport or to open a bank account or, indeed, in some instances I have been told of, wanted to get a driver’s licence and could not do so without a full birth certificate. Even though extracts of birth certificates are as equal and evidentiary as full birth certificates, they were not deemed to be so by these various organisations. This led parents of overseas adopted children to come to us with their concerns and say: ‘We know extracts of birth certificates are meant to be of the same evidentiary value as full birth certificates. However, in practice they are not being recognised in that way. Can you please bring forth legislation that the Commonwealth has recommended through parliamentary inquiries be amended into Australian law?’ It started a process that previous ministers for Family and Community Services embarked upon. The member for Sanderson has followed that process through quite earnestly on behalf of his constituents, hence his contribution to the debate today. I thank him for that.
I thank the staff of Family and Community Services. They went into a realm that was new in recognising the change in the way overseas adoptive processes are occurring. They embraced the challenge wholeheartedly and have come forward with very sensible provisions to adapt to the change and to the need we have to give overseas adopted children every right and entitlement they fully deserve here in the Territory. I offer my wholehearted thanks to the staff who have worked hard on this quite tricky legislative process. They have done a very sound job and come up with a raft of provisions that meet the identified need of the community and of the overseas adopted children and their parents, but also enshrine all the safeguards that you would normally look for in legislation. Thanks to the agency and the staff who have worked very long hours bringing this forward.
Motion agreed to; bill read a second time.
Ms LAWRIE (Family and Community Services)(by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
MOTION
Note statement - Disease Control in the Northern Territory
Note statement - Disease Control in the Northern Territory
Continued from 16 February 2006.
Ms LAWRIE (Family and Community Services): Madam Speaker, I support the statement on the Centre for Disease Control from the Minister for Health. The minister has highlighted the very broad scope and value of the work of the Centre for Disease Control. He outlined the work of the Centre for Disease Control as addressing the potential of a pandemic outbreak, in particular, avian flu. It is interesting to note that in the time since the minister gave his statement, there have been new developments across the world with new outbreaks in western Europe, the Middle East and south Asia. However, there has also been some better news here in Australia, with some very positive research results achieved in Melbourne towards the development of a vaccine.
The risk of an outbreak in the Territory is very low but the impact could be great. I congratulate the minister for the work he and his department are doing in ensuring that our preparedness is first class while, at the same time, emphasising that there is no need for panic. Last year, we saw the opposition attempt to scaremonger by suggesting that people should be wary of eating magpie geese. The minister handled these scaremongering attempts very well and, by emphasising the work that is being done and what the risks really are, he helped to avoid the potential panic overreaction. I have great confidence that if this bird flu does appear then we have the expertise to quickly detect, isolate and eradicate the disease.
One area of the work of the Centre for Disease Control that is important to me as Minister for Family and Community Services is the monitoring of sexually transmitted infections, particularly in children. One of my highest priorities, and a very high priority of this government, is to ensure that we have effective and accountable services committed to keeping Territory children safe from neglect, abuse, and exploitation.
When Labor won government in 2001, it is fair to say that the child protection system in the Northern Territory was in considerable disarray, despite the best efforts of the dedicated professionals working in the system. They were under-resourced and overwhelmed. The system was not able to cope with an apparent avalanche of child protection issues. There was a general recognition that the community and professional groups had lost confidence in the capacity of the system to protect children. This lack of community confidence in the system meant that the community was much less likely to report concerns about children.
Against this backdrop, the work of the Centre for Disease Control remains a source of credible information, providing a reliable record of notifications of sexually transmitted infections in children. The public debate set the scene for the government to take up the challenge and embark on a radical rebuilding of the Territory’s child protection system. The work of the Centre for Disease Control contributed to identifying the needs for radical reforms and significant action. To some extent, the independent reporting of the Centre for Disease Control was the ‘canary in the coal mine’. In December 2003, the government launched Building a Better Child Protection System. The most important element of that plan was a commitment to work toward providing a realistic level of funding for child protection services.
As minister, I am very pleased to inform the House that the budget for child protection services has more than tripled since 2001. It is up from $8m under the CLP to more than $24m this year. We have further increases locked into the budget up to 2008 and 2009. Our strong financial management, with three budget surpluses in a row, has given us the capacity to make the investment we need to keep our children safe. Sixty-one new child protection staff were put on just last financial year and we stayed within budget. All we hear from the CLP is that there are too many public servants and that they get paid too much. The government has an opposite view. We strongly believe our child protection workers deserve everything they get.
A second key element of the reform to child protection services was the recognition that an effective approach to child protection requires a team effort. The child protection system needed to bring other players on board and improve working relationships with police, schools, doctors, other health professionals and workers in the non-government sector. In many cases, these were the very stakeholders who had lost faith in the child protection system that was under-resourced and unresponsive. When I look at the system today, I see significant improvements. I certainly see improvements in the relationship with police now that we have invested the money and established a professional dedicated FACS after-hours service. Amazingly, previous governments never saw the need to have a dedicated FACS staff available at night. Apparently, child abuse would only occur between 9 am and 5 pm.
The recent release of a bulletin from the Centre of Disease Control reporting notifications of sexually transmitted infections over the last 10 years has further highlighted how much things have changed. Sadly, the bulletin reveals that over 10 years from 1995 until 2004, there was 1911 cases of sexually transmitted infections in children under 16. What is heartening, however, is that this information can now be dealt with cooperatively to inform both how we respond to individual cases and how we develop preventative initiatives to keep children safe into the future.
I would briefly like to detail the new cooperative arrangements that will, in future, guide the shared responses of police, FACS and clinicians in responding to reports of sexually transmitted infections in children. The guidelines require that clinicians make a report to FACS or the police when there is clear evidence of sexual abuse, when there is reasonable suspicion that sexual abuse is present, when a pregnancy has occurred in a person under 14 years, when sexual activity is occurring in a person under 14 years, when a sexually transmitted infection is diagnosed in a person under 14, and when sexual activity is occurring with any person under the age of 16 not considered mature enough to understand the concept of consent in regard to sexual activity. These guidelines close the loop and ensure that not only does the child get appropriate medical treatment, but that the circumstance of every instance of a child contracting an infection is thoroughly investigated.
I believe that in making the Territory a safer place for children, we have turned the corner. This is because government listens and responds to the advice of professional people, such as the experts working in the Centre for Disease Control. We are encouraging the linkages between the professional groups: clinicians, social workers, teachers, the police and others, to ensure that they have the systems and resources to work effectively together.
Caring for our children is everybody’s business, and I congratulate the staff of the Centre for Disease Control for the way they bring their expertise to protecting the health and the wellbeing of Territory children.
Madam Speaker, I commend the Minister for Health’s statement to the House.
Ms McCARTHY (Arnhem): Madam Speaker, I respond to the ministerial statement on control of disease in the Northern Territory. As the minister has pointed out, it is a subject that is at the forefront of our minds, with the international concern over the avian flu.
In Arnhem, those concerns are very real, as limited resourced outstations alert authorities to the arrival of illegal fishermen off our shores. Just last year, illegal fishing boats were apprehended off the Northern Territory coast. Indeed, in the last couple of weeks, we have again seen what has been happening near Maningrida and in the Gulf of Carpentaria, with the concerns of illegal fishing and other activities in the region.
Indonesia’s attempts to combat the avian flu are being monitored closely in Australia, as it is of wider concern for all state governments in this country and, indeed, the federal government. New funding of $1.15m from the Australian government’s Department of Immigration and Multicultural Affairs will enhance the Northern Territory’s ability to provide health assessments of all illegal boat arrivals, with screenings done in Darwin and Gove. When you have illegal activity or any kind of activities happening just off our coastline - in particular in the Northern Territory - it is heartening to know that steps are being taken to screen these people, and to know that Darwin and Gove will be capable of doing this.
It is especially important for the Anindilyakwa Land Council and Police and Emergency Services on Groote Eylandt, who often are the ones to alert Customs officials to illegal arrivals in the sea surrounding the island. I have been told the story of one large boat that was anchored not far offshore from the Alyangula Recreation Club. At Numbulwar, mimi Henry Nungumajbarr told me just last month the story of how he and sea rangers from the Numbulwar Homelands Resource Centre spotted an illegal fishing vessel in the waters surrounding their traditional lands. mimi Henry told me how Customs officials flew into the region and the boats were burned. The thought of any communicable diseases spreading into any one of our remote communities is frightening. However, we now know that these issues are being dealt with.
Communicable sexually transmitted diseases rates are high. I have been told of the concerns of high rates of sexually transmitted infections in many communities. It may not be a world epidemic like the avian flu, but let us not underestimate the effects of such diseases. We have seen on our television screens the impacts of HIV/AIDS epidemic in Africa, and vigilance against this disease has been needed for decades and is needed still.
Just knowing that the Northern Territory is an important player in the communicable diseases network in Australia is heartening, because coordination for surveillance, prevention and control of communicable diseases is the key to being prepared for any outbreak, regardless of where it comes from or how it begins. This coordination of information is absolutely essential. Constant monitoring and updating of data collected from all medical authorities - be they in remote regions of the Northern Territory, downtown Todd Mall in Alice Springs, or even from the endless queues of GP offices in Darwin – and the sharing of this kind of information is the beginning of any detection of communicable diseases.
The Centre for Disease Control must be congratulated for their vision in establishing the immunisation database. This innovation has brought just rewards for both the CDC and the children of the Northern Territory. The reductions of childhood diseases, such as measles and pneumococcal diseases, clearly indicates the vaccination programs are having an impact. As the Health Minister has stated, the Australian Childhood Immunisation Register for 2005 shows that over 94% of children are fully immunised by their second birthday. This is a remarkable feat, considering the distances around the Northern Territory.
Recently, I travelled throughout Arnhem Land, and found that, as I went from Barunga and Beswick and out to Bulman, the kilometres certainly clocked up on the four-wheel drive. Flying over to Ramingining, Milingimbi, Angurugu, Umbakumba and Bickerton Island, there is a constant sense of realisation of how vast the Northern Territory is. For our communities and health centres and workers to have achieved 94% immunisation is something to really be proud of. I commend the staff right across the Northern Territory for being proactive in preventing a lot of these diseases by immunising our children.
At the same time, I am also acutely aware of the still high mortality rates of indigenous infants from Sudden Infant Death Syndrome in the Northern Territory. Here I can speak from being involved with SIDS and Kids in the Northern Territory. I have mentioned in this parliament how that is an area that we still need to look closely at. I know that the workers of SIDS and Kids are very conscious of the need to get out to provide information to our remote areas about looking after babies and how and where they sleep.
In conclusion, I would like to again reiterate my support for the work the staff at CDC do and acknowledge the Aboriginal Health Workers right across the Northern Territory who put every effort into caring for children in the communities. I speak specifically for my seat of Arnhem. I am acutely aware of Sunrise Health and Miwatj Health and the staff who put in the extra effort, because they are basically concerned, as we all should be, about the future of our children and all the people who live out there.
Ms ANDERSON (Macdonnell): Mr Deputy Speaker, I speak in support of the statement on Communicable Diseases brought to this House by the Minister for Health. The minister spoke about the Northern Territory’s high childhood immunisation rate, now above the national average and the highest for children aged two years in Australia. Of relevance to my electorate of Macdonnell are immunisation rates of Aboriginal children.
I am very grateful to have the opportunity to speak on this debate, as the subject of communicable disease and its prevention is something about which I feel very strongly. During my whole life living in the Aboriginal communities of Central Australia, I have lived with the daily presence of the threat of death to my loved ones from communicable diseases. The reality of this ever-present threat haunts me in a way that I suspect that it haunted the ancestors of most Aboriginal Australians. This threat ceased to hover over most Australians in the period between 1850 and 1950, with the development of great environmental and public health campaigns and reforms of those times, mainly pioneered and implemented by the Labor movement in the cities, towns and villages where nearly all non-Aboriginal Australians lived.
When I go home to Papunya, Hermannsburg or Haasts Bluff, I always hear about more people being sick, and people dying young from preventable diseases. Much of this burden of disease can be sourced back to the poor living conditions in which many of my people still live. Even where good housing has been provided, the pools of infection are often so prevalent that kids cannot avoid picking up the sores and respiratory problems that will underline their chances of living a healthy life to a ripe old age. For example, ear infections spread like wildfire amongst our young children, prejudicing their chances of getting a decent schooling. This, in turn, can mean that they will never get the literacy skills that are needed these days if you are to have a chance of living a healthy life in an individualistic consumer society.
Our opportunities for rectifying these problems are not helped by the incredible deficits that our communities experience in relation to essential services such as good drinking water, collected garbage and sewage disposal systems, the safe shelters that are warm in winter, and real homes that these children need to survive in. However, thanks to the work of many dedicated people, both in government and in community organisations, things are at least starting to improve.
In effect, there have been dramatic improvements in some areas, and the hard work and dedication that has produced these results need to be acknowledged. At one level, the Indigenous Housing Authority of the Northern Territory, IHANT, is doing work on the provision of housing and infrastructure that is really starting to pay off, producing much better results, particularly with the programs involving young, local people in the construction phase. At another level, living skills programs sponsored by IHANT are becoming more professional, and this will have a big impact on how healthy the new houses are for the kids who have to live in them.
Most importantly, there have been effective breakthroughs in some aspects of primary health care at the community service and community clinic level. As the member for Arnhem said, it is the commitment of Aboriginal Health Workers and nurses who are based in these communities that we really have to pay tribute to tonight.
The statistics demonstrate that our investment in child and maternal health is working. This is illustrated by the report on government services released to the public on Monday, 30 June 2006.
Another source of good news about immunisation providing protection from communicable disease comes from unpublished data from the Australian Immunisation Register. This data shows that Northern Territory Aboriginal children aged two and six years are, on average, better immunised than Aboriginal children elsewhere in Australia. Importantly, immunisation rates of Northern Territory Aboriginal children aged six years are around five percentage points higher than the national average for all children of this age. This is a significant achievement for all remote health services, both government run and community controlled.
The Department of Health and Community Services maintains a childhood immunisation database that records vaccinations given to all children in the Northern Territory. A child’s immunisation history is recorded so that, as people move around the Territory and adjacent areas in South Australia, Western Australia and Queensland, health services can quickly find out via a phone call whether any vaccinations are due. Even more importantly, each month the Department of Health and Community Services notifies every remote health service of which children from their community are due for vaccinations. This allows the health service to arrange immunisations for these children when they are due to have it, and with the least impact on a busy health service. It is good that government has recognised the mobility of Aboriginal people and tailored service provisions to take this into account.
The Centre for Disease Control, or CDC, within the Department of Health and Community Services works very closely with staff from the Australian Childhood Immunisation Register. This is crucial as Australian Childhood Immunisation Register staff down south do not have a good understanding of Aboriginal names and places and, without accurate information based on local knowledge, good quality immunisation data is not possible. This then reflects in the Northern Territory immunisation coverage rates that enable Northern Territory Aboriginal medical services and GPs access to Australian government immunisation incentives which are based on immunisation coverage achieved.
What can we say about the impact of these high immunisation rates on child health in the Northern Territory? We can say that these high immunisation coverage rates translate into very low numbers of cases of diseases that are preventable by vaccine. I will give you two recent examples of how the introduction of new vaccine into the Northern Territory immunisation program has reduced disease. In the past, Central Australian Aboriginal children have had the highest rate of invasive pneumococcal disease ever recorded in the world. Even non-Aboriginal children in Central Australia were over three times more likely to develop IPD than children elsewhere in Australia. I can now report that since the pneumococcal vaccine was introduced in 2001, these very high rates have fallen dramatically. The last Central Australian child under five years of age to get invasive pneumococcal disease was in September 2002. Before the introduction of the vaccine, there were 10 to 11 cases of this serious disease in Central Australia each year.
Additionally, many cases of pneumonia are due to pneumococcal bacteria, and not all of these are causes of IPD. Pneumonia is a common reason for children to be admitted to hospital and reducing pneumonia would reduce hospital admissions as well as visits to health services. Once again, I stress the importance of healthy housing for the prevention of pneumonia. The ability to have hot water rather than cold showers, to live in warm houses rather than outside on a cold winter morning, will prevent the occurrence of pneumonia. The Centre for Disease Control is currently involved in the Cooperative Research Centre for Aboriginal Health to investigate the effect of vaccine on the incidence of pneumonia.
The second example is the introduction of the HIB vaccine. Central Australia previously had very high rates of HIB disease, the bacteria a cause of meningitis in babies and also of epiglottitis. Before the introduction of the HIB vaccine ahead of the rest of Australia, the rate of the disease in Northern Territory Aboriginal children was 278 per 100 000. Within three years of the introduction of the vaccine, this has fallen to 37 per 100 000, a reduction of 87%. This rate has continued to fall through the continued effort of our child health program.
Even more pleasing is new data revealed in the 2006 report on government services. Northern Territory children aged 12 to 15 months who are fully immunised increased by 7.7%, between June 2001 and June 2005. These children are immunised against diphtheria, tetanus, whooping cough, polio, HIB and hepatitis B. Northern Territory children aged 24 to 27 months who are fully immunised increased by 10.1% over the same period. These children are immunised against diphtheria, tetanus, whooping cough, polio, HIB and hepatitis B, plus measles, mumps and rubella. This is giving our young people the chance to live healthy, active lives and not to be plagued by acute health conditions that are curable.
However, more needs to be done. We need to improve the provision of information to parents on remote communities. This information needs to be provided in language that people understand because the ability to take preventative measures depends on people being educated about causes of ill health. This, in turn, reduces the demand on hospitals and the health system in general.
Immunisation is recognised to be one of the most cost-effective interventions in health. Childhood immunisation was considered by the US Centre for Disease Control as one of the top 10 public health achievements of the 20th century. The work of the Department of Health and Community Services, ensuring that all Northern Territory children have access to high quality immunisation services, is one of the best things we can provide for our children. When combined with improvements in dust control, water quality, waste disposal and living conditions as we are now slowly beginning to experience in the Northern Territory, the results can be truly significant.
Dr TOYNE (Health): Mr Deputy Speaker, I thank all members for their contributions to this debate on such a very important topic. In both the proactive preventative work that we are doing in the Territory and the preparation for the potential pandemic flu outbreak, this is incredibly important work by an important part of our health system in the Centre of Disease Control and our working health professionals right through the Territory.
The immunisation rates that the member for Macdonnell was just referring to would not be happening if we did not have strong coverage of our remote clinics and health staff, as well as the community health centres in the urban centres. It is a fantastic outcome from a very dedicated group of professionals right throughout the Territory.
I will recap some of the key things mentioned in this statement. It referred to pandemic flu, or the potential for that to occur. As my colleague, the Minister for Family and Community Services quite rightly said, this is a moving process even since I introduced this statement into the House last sittings. There have been new outbreaks of the avian flu, the bird flu, elsewhere in the world. Obviously, we are watching it very closely at the national level to guard against the possibility that it will mutate into a person-to-person virus transmission. We have to be ready if that moment arrives. Hopefully, it will not. There is no imminent risk of pandemic flu in the Northern Territory, but we have to be prepared along with the rest of Australia.
The statement mentioned the need for screening of illegal fishermen. I saw the screening area at the Centre for Disease Control. We now have a good relationship and arrangement with the Commonwealth so that CDC can carry out that very important work in guarding against the importation of new or known diseases into Australia by adequate screening and isolation on first arrival.
My colleague, the Minister for Family and Community Services, covered the issue of sexually transmitted infections. It is very important that she put on the record what the actual meaning is of the numbers of STIs we are seeing, particularly in younger children. It is very easy to jump to conclusions, for one thing, and also to try to make some cheap political capital out of these figures which are very serious and need to be seriously dealt with as a health issue, and as a law enforcement issue if that is evidenced.
What has come through all of these comments and the contributions of my colleagues as well, is how important the research and evidence side of our work is. There was reference made by a member to the immunisation database that the CDC established in the Territory in a very visionary move. It is on that database now that, along with our notifiable diseases arrangements, we can make very clear and reliable statements from the data of immunisation and disease control records about the coverage that we have achieved in children and other age groups within the Northern Territory, and the prevalence and distribution of some of these diseases such as rotovirus, hepatitis or the like.
Aboriginal communities are a particular focus of our work in disease control, both at the level of immunisation and clinical intervention, but also in the environmental health effort in removing hazardous situations that will propagate communicable diseases and their spread through a community.
Lastly, we highlighted the national and international commitment in which CDC is involved, particularly into Aceh, East Timor, and the Pacific.
It seems to be getting to be quite a major task of mine in the sittings to correct all the inaccuracies that the member for Greatorex seems to delight in bringing into these debates. In his contribution, there were quite a number of inaccuracies. He alleged, for example, that the Queensland government has given a guarantee that it will provide antiviral to all Queenslanders in the event of pandemic flu, and ‘why cannot we do the same thing, you gutless government?’ The member for Greatorex’s information is totally incorrect. The most senior Queensland clinicians dealing with the possibility of pandemic flu have informed CDC that there is no such announcement, commitment or guarantee. The NT has access, as do all the other jurisdictions, to the national medicine stockpile that contains four million courses of antivirals, mainly Tamiflu but with some Relenza. This is enough to treat 400 000 cases and protect one million essential service workers for six weeks.
Members may recall that that will allow the essential service workers to, hopefully, contain the spread of the infection while the effort is put into immunisation or vaccination of the general population. That is the plan: to protect the essential service workers to maintain the integrity of community activity, and to isolate and deal with the initial disease outbreaks while a broader effort to protect the population is mobilised. No country in the world has enough antivirals to protect its entire population. In fact, by spending $120m, Australia is in one of the most advanced stages of preparation for any disease outbreak.
I will not deal with the STI statements that the member for Greatorex made, other than to say that my colleague, the Minister for Family and Community Services, has outlined the clinical protocols that are put into place when STIs are detected in young kids, and what judgments are needed from our professional workers in that area.
As usual, he alleged that, somehow, we have denied resources to the Centre for Disease Control. The actuality is that, in 2002-03 there was $15.2m going to the CDC. This current year, there is $17.217m going to CDC, 13% up on the original levels of funding. The Commonwealth funds additional activities for CDC; for example, the money that they receive for the screening of illegal fishermen. There will be some fluctuation, largely concerned with the amount of Commonwealth funding available as programs come and go into that centre. We have certainly maintained fully the support for that area.
The member referred to a number of hepatitis C cases reported in the DHCS Annual Report, and pointed out that there was one case for 2004. Congratulations to the member for Greatorex - he spotted a typo. The actual number of cases for 2004 on page 123 should be 265, the figure 1 in that cell is a typographical error. He went on to make the statement that there was allegedly some inconsistency in the number of hepatitis C cases reported in the department’s annual report. On examination of the Hansard, we believe that the member should be referring to page 42, not page 22. The figures on page 42 are financial year’s statistics, while those on page 123 are calendar year’s statistics, therefore, they naturally will not match up.
We fully agree with what the member is saying about the need for strategies to deal with this hepatitis C disease, which is well known for its fatality rate as it runs its course. What we have done, far from reducing the effort in that area, is increase specialist physicians from 0.3 to 0.8 FTE, and created two 0.5 FTE nursing positions for hepatitis C, one in Darwin and one in Alice Springs. We have worked with the NT AIDS and Hepatitis Council, the general community and prisons to raise awareness on hepatitis C issues. We have needle and syringe programs throughout the Northern Territory, in private pharmacies, community organisation locations - for example, the NTAHC, and in government outlets such as Clinic 34 and the hospitals. All hospitals except RDH ensure 24-hour access to injecting equipment. There is regular training for general practitioners and other health care providers, and there is constant surveillance of notifications and investigation of significant increases, including a revision of the requirements under the Notifiable Diseases Act to allow CDC to gather more information concerning hepatitis C.
Regarding safe sex promotion, the member for Greatorex had the suggestion that the Cuz Congress approach should be extended to the rest of the Northern Territory. Cuz Congress is very much a Central Australian thing and, while certainly it is appropriate to have safe sex promotion throughout the Territory, I doubt that extending the Cuz Congress model would be the most appropriate way to do it.
The CDC will be establishing a sexual health blood-borne virus advisory group to oversee future development in this area. It will bring together representatives from both community controlled and government primary health care agencies, the NTAHC and the Australian government to develop a partnered program in this area.
Finally, the member for Greatorex believes that a rotovirus outbreak should be predictable seeing they are notifiable. We would win the Nobel Prize if the CDC came up with such a thing. The truth of the matter is that the rotovirus outbreaks are getting more and more unpredictable and erratic in where they occur in the Northern Territory and what time of the year they occur. There is no apparent pattern or predicted pattern to that in my discussions with the CDC staff. We are, basically, putting our efforts into a rotovirus vaccine which will be deployed in the Territory in the near future. That is a far better solution than trying to work out how to predict where the rotovirus is going to occur. If we vaccinate the kids, hopefully, it will not occur.
Mr Deputy Speaker, that covers the issues that were raised during the debate. I again thank members for their contribution. I believe that this is a very appropriate topic to engage members on because it has such an important impact on Territorians.
Motion agreed to; statement noted.
MOTION
Note statement - Indigenous Housing
Note statement - Indigenous Housing
Continued from 21 February 2006.
Dr TOYNE (Health): Mr Deputy Speaker, I support the minister’s statement on indigenous housing and also to highlight the importance of the link between housing and health. The link between housing and indigenous health has been formally acknowledged at the National Health Policy level for many years. The National Aboriginal Health Strategy 1989 and the Royal Commission into Aboriginal Deaths in Custody 1991 focused national attention on the relationship between housing and infrastructure and the health and wellbeing of indigenous Australians.
Overcrowding and poor housing conditions were identified by the National Aboriginal Health Strategy 1989 as key contributors to the high rates of infectious diseases suffered by indigenous Australians. While over the last 15 years programs such as the National Aboriginal Health Strategy Environmental Health program have contributed to improvements in housing and infrastructure in indigenous communities, overcrowding and poor dwelling conditions continue to impact on the health of many indigenous Australians.
Infectious diseases such as intestinal and acute respiratory infections continue to be the leading cause of hospitalisation for indigenous infants and children under five years of age in the Northern Territory, with incidence rates many times higher than that for non-indigenous infants and children. The Territory government is investing significant resources into maternal and child health. Early in the first term of government, we committed $2.2m per year to the child health initiative to employ 25 additional child health personnel for remote communities. We are building on this further in our second term. This represents the biggest single boost ever to child health services in remote Territory communities. These additional resources will assist in the monitoring of antenatal and postnatal condition in women, and young children’s health status, and allow for early intervention management once problems are identified.
However, it will not eliminate one of the major causes of transmission of infectious diseases; that is, overcrowded and inadequate housing. Families of 16 to 20, and sometimes more, are forced to live together in overcrowded houses. This overcrowding causes multiple social problems which impact on people’s overall health and wellbeing. It also creates two significant infectious disease health problems. Overcrowded living conditions have been linked to an increase risk of infectious diseases such as meningococcal disease, gastroenteritis, trachoma, conjunctivitis, rheumatic fever, tuberculosis and acute respiratory infections.
Overcrowding in houses places extra strain on health hardware - things such as toilets, taps and sinks, food storage places, washing and cooking facilities. The demands placed on these items due to the overcrowding causes them to wear out much earlier than normal resulting in a further spread of infectious diseases. Research has demonstrated a link between group A streptococcus pyoderma, which are skin sores, and increased number of persons per household. This is particularly pertinent to the NT where the prevalence of skin sores amongst indigenous children has been found to be as high as 70% in some communities. The repercussions of these high rates of skin infections for the health of indigenous Territorians are devastating, with repeated skin infections being linked to an increased risk of renal disease in later life. Rates of end stage renal disease in the indigenous population of the NT are more than 20 times higher than the general Australian population.
While the accepted belief is that group A streptococcus (GAS) pharyngitis, throat infection, alone causes acute rheumatic fever, there is a growing suspicion that GAS pyoderma, skin sores, are also the driving force behind the high rates of acute rheumatic fever in Northern Australian indigenous communities. Acute rheumatic fever is very rare in Australia except amongst the indigenous population. The rates of acute rheumatic fever in the NT are amongst the highest in the world. The Menzies School of Health Research is currently undertaking research to establish conclusively whether GAS skin infection contributes to acute rheumatic fever and, consequently, to rheumatic heart disease. Overcrowding has also been identified as a key contributing factor to the high rates of otitis media amongst indigenous children.
Puggy Hunter, the former Chair of the National Aboriginal Community Control Health Organisation, described otitis media as a disease of poverty that leaves a lasting legacy of educational and social disadvantage. Chronic suppurative otitis media has been found to be as high as 50% in some indigenous communities. Notably the World Health Organisation identifies populations with rates of CSOM greater than 4% as has having a health emergency. The fact that rates of otitis media in indigenous communities are similar to those recorded in developing countries indicates we still have a long way to go.
As outlined in Building Healthier Communities 2004 to 2009, the government has made a commitment to ensuring that all Territorians enjoy long and healthy lives. It is recognised that in order to meet this goal the Department of Health and Community Services cannot work in isolation, and strong partnerships across government and non-government sectors are necessary to improve health outcomes for all Territorians. This is particularly true in relation to improving the substandard living conditions that contribute to the burden of disease for many indigenous Territorians.
The Department of Health and Community Services’ Environmental Health Program has worked closely with the Indigenous Housing Authority of the NT, the Department of Local Government, Housing and Sport, and the Menzies School of Health Research to develop an indigenous community housing survey. The survey is a key in housing management strategy for indigenous communities. The aim of the survey is to identify the maintenance requirements of community-managed houses contributing to improved housing conditions, safety and housing longevity. The survey will be conducted on a biennial basis.
The Environmental Health Program was contracted by the Indigenous Housing Authority of the NT to conduct the inaugural Indigenous Housing Community Survey on all major and minor indigenous communities in the NT, which equated to 160 discrete communities. The majority of outstations were surveyed separately by community development officers with the then Department of Community Development, Sport and Cultural Affairs. The survey commenced in August 2004 and was completed in July 2005. It involved over 20 environmental health officers, as well as numerous indigenous community members. A total of 4316 houses were visited by environmental health officers and of these, 3753 were fully surveyed. This comprises the largest single survey of indigenous community housing in Australia.
An analysis of the survey results from the major and minor communities highlights the continued inadequacy of housing across all indigenous communities. Only 19% of the houses that were fully surveyed were found to be equipped with the necessary infrastructure to enable food to be stored and prepared safely. This is of particular concern, given the high rates of intestinal infections in indigenous children in the Northern Territory. The fact that only 46% of the surveyed housing had adequate facilities for washing people is also very worrying. Only 57% of the houses were found to have functioning washing machines and the other necessary infrastructure to enable residents to easily wash their clothes. While nearly two decades have passed since the UPK report first argued that housing should be designed, constructed and maintained to enable performance of the nine healthy living practices, it is obvious from the results of the Indigenous Community Housing Survey 2004-05 that many indigenous families continue to live in substandard conditions which compromise their ability to protect their health, especially that of their children.
Research of E Walton Hall 2001 indicates that a threshold of housing standards may have to be obtained across the community, or even the region, before substantial health gains are to be made. Individual community houses and communities do not exist in isolation. Environmental and social conditions in one house impact directly on other nearby houses and communities. The Environmental Health Standards for remote communities are an important means of ensuring that all new housing construction on indigenous communities meets an acceptable standard. The Environmental Health Standards principally provides domestic building standards for remote indigenous communities where the Building Code of Australia frequently does not apply. The standards are another example of what can be achieved by intersectorial collaboration.
Department of Health and Community Services’ Environmental Health Program, along with Indigenous Housing, played a leading role in the development of the standards. While the standards do not have a legislative base, they have achieved a high level of acceptance in the building industry and are called on as contractual standards by the Indigenous Housing Authority of the NT and by the National Aboriginal Health Strategy Environmental Health Program.
Environmental health promotion initiatives are another means by which my department is contributing to improve living conditions on indigenous communities. Working, where possible, with community-based environmental health workers, environmental health officers play a leading role in the promotion of hygiene improvements. Both home and personal hygiene have a significant role to play in the prevention of infectious disease transmission. Studies from developing countries have demonstrated a significant reduction in diarrhoeal disease, acute respiratory infections and skin infections when improvements in home and personal hygiene are made.
My department will continue to provide the best health and environmental health services possible for Territorians. However, research shows us that, until we see significant improvements in indigenous housing, we will continue to see high rates of preventable infectious diseases associated with overcrowding.
Mr Deputy Speaker, I support the minister’s statement before the House today.
Mr WOOD (Nelson): Mr Deputy Speaker, I welcome the minister’s report on Aboriginal housing. I say at the outset that fixing the Aboriginal housing issue on its own will not solve the problems that we have. Until we solve problems of employment, education, health, just fixing housing, on its own, will not solve the issues that many Aboriginal communities have at this present time. We have to look at these issues holistically, and we need a coordinated approach to many of these issues. We have groups of people from this parliament going around looking at substance abuse. Anyone knows that when people consume too much alcohol or are destroying their lives with petrol sniffing, there can be some violent outcomes from that. In many cases, that can be taken out on someone’s house. If you have travelled around a number of those communities, you can see that vandalism makes it difficult to keep liveable houses on many of these communities.
There is a whole range of issues related to Aboriginal housing. In making a contribution to add to the minister’s statement, I am going to concentrate on two areas. One is the cost point of view of Aboriginal housing that the minister talked about in his speech. The minister said:
- In 2004, it was estimated that the unmet need for indigenous housing in the Northern Territory was $850m, and nationally at $2.5bn
…
In broad terms, that means we must build 4000 new homes to meet that need.
He went on further to say:
- … our projections are that we will only be able to build approximately 120 new houses a year from 2006 to 2007. At that rate, it will take the Northern Territory 33 years to fulfill current housing needs.
The minister went on to say:
- Mathematics is defeating us now and will continue to do so unless radical changes are enacted. Even on absurdly conservative projections, in 33 years time at the current construction rates, we would still be laden with unmet needs by 16 years - and probably much more than that. In fact, in 33 years time at current new construction rates, our backlog is likely to be 33 years. We face the cascading effect of severely limited resources being swamped by rising needs. We are, indeed, going backwards.
The minister went on further to say:
- In a sense, properly funded housing programs can be transformed into a sort of Marshall plan for the bush.
He went on again to say:
- In my discussions with the new IHANT Board, I raised the issues of escalating costs of remote area housing, as well as the huge difficulties that we face in simultaneously strengthening housing management capacity while, at the same time, increasing the number of houses being built.
That raises the question: why is Aboriginal housing so costly? From my reading of the annual report - and I must admit, the annual report gives me two figures - I estimate that, in the last financial year, 70 new residences and 52 upgrades occurred which, in another part of the annual report, is actually 94 new residences and 22 upgrades. That cost $27.55m. If I divide that by 70 or 94 - I am not sure which is the accurate number for actual houses built - it comes to around an average of $300 000 a house. Notwithstanding most houses are built on land that is owned by Aboriginal people, there is not a land cost factor involved as you would have in Darwin or Palmerston. That is an enormous amount of money for a house to be built. Compare that with renting that house.
I did some figures the other day in respect of the rural area. If I was to buy a block of land worth $150 000 and used my house as collateral, over 30 years I would be paying something like $225 per week. If I wanted to do it over 15 years, I would have to be paying something over $300 per week. That is a pretty substantial amount of money and that would just be for a block of land. If we had to buy a house for $300 000, for most people - especially in Aboriginal communities where the average income would probably be quite considerably lower than you would earn in Darwin or Palmerston - that would be a nigh-on impossible job. The minister might be able to answer the question I raise: have there been some real studies into low cost housing?
I happened to be searching through my files the other day, and I came across this 1981 publication called Pole Frame Structures. This may not apply in parts of the desert because there might not be any trees big enough to build a house. This was brought out by the Conservation Commission, which has a number of house designs in it. I remember one of these was built at Wishart Siding. They are quite liveable houses. They use native timbers and normal construction methods. There is a whole range of designs in here, from small designs where you only have two bedrooms, up to four-bedroom houses. Most of them are open design with plenty of breezeway. These were released by the government in 1981; they are cyclone coded. In fact, there is another book which tells you exactly how to build the house. It tells you what size concrete footings, how to put the beams together, all using poles from native timber. With that, you get a series of detailed plans on how to build a house. These were released in 1981. Obviously, they would have known about cyclones. You get a nice plan and information on how to build a house. All those plans in the book are detailed plans.
These are not houses that you might see in the Bayview canal estate. However, they are decent and reasonable houses that can be built out in communities using native timber. Of course, you have to also have materials for pouring the floor and setting the poles into the ground, and you would need to buy corrugated iron and the claddings for the ceilings and the walls. There is some low-cost housing that was put forward as an option in 1981. They are quite reasonable houses.
I also rang up some kit home people. I rang a company in Brisbane. I thought I had better ring someone in Queensland because they will have an idea about cyclone buildings. I rang this company and they said an average kit home in steel would cost you $60 000 to $70 000. You would double that because you would have to put a floor in and a kitchen and toilet, and those basic requirements for the house. The floor could cost more or less money depending on what part of the Territory you are in, because you have to find some gravel and get cement there to pour the floor. You could also have a floor that was above the ground if you could not build it with concrete. They said: ‘Those houses are quite nice. We do not design houses that are just tin sheds. We design houses that can go in suburbs. They do not require skilled people to put them together. You may be required to have an overseer to make sure they are going up correctly’.
Bathurst Island is extremely short of decent housing. There were nearly all tin sheds at Bathurst Island when I first went there. The Catholic Missions, at that time, imported what they called ACTO demountables. They were demountables that actually locked together with a breezeway. I think they bought 20 and brought them up from Adelaide and put them up as a quick fix to try to get some decent accommodation. Then they started bringing in wooden kit homes from Queensland. Everything in the house was there, and they put them up.
I know the minister has a new body called the IHANT Board, and I am wondering whether that is something the board has looked at. It is no good building $300 000 houses if 90% of the people are still living in shacks and poverty. Let us build a lot more houses for $100 000, $150 000 - a good average house with a shower and toilet and reasonable accommodation - in conjunction with the Aboriginal communities. Sometimes - and I think it still happens - Aboriginal people are not as involved in the design of these houses. I say that because when I went down to Dillinya, Sheila Millar was telling me about those lovely houses they have down there - they are good houses. However, they did not have much say in the design of them. They have a nice breezeway, but you forget when you are down towards Top Springs when the cold winds blow in the Dry Season it makes those houses very cold. She said they were not really involved in the design of those houses.
There must be opportunities for us to try to get better value for dollars. Employment is one. It is going to be much easier to have people working on a kit home than building a house from scratch, or a block design house which would require skilled tradesmen. If you build these log houses, as the introduction to this Pole Frame Structures book says:
- Building does not always have to be a complex and expensive task. This booklet illustrates a range of pole frame structures cheap to build suitable for rural areas. The pole frame design enables the builder to use local timbers eliminating freight. The simplicity of design may also encourage people to build their own structures and avoid labour costs. The designs illustrated comply with the Cyclone Code and have been approved in principle by the Department of Lands. These designs are only a guideline. With pole frame structures, the only limiting factor is your imagination. Pole frame designs can be used for houses, sheds, workshops, tourist and worker accommodation, community halls, cabins and club houses.
There is great potential there to look at other options.
Recently, an Aboriginal lady who lives in Howard Springs came to see me and said that there are other issues that caused problems. If you build a $300 000 house in the eastern Northern Territory towards the Queensland border and, if someone dies, that house could be empty for 12 months or longer. That is another issue. You could put all this money into a house and then it becomes vacant and subject to vandalism or just decays. It is a difficult issue but one that we have to look at. It is something that happens, but it means there is a house that no one is able to live in. I know the sorry business seems to vary from one part of the Territory to another. My experience is more Bathurst Island and Daly River where it was for a short period the house was empty. It is usually smoked and there was song and dance. In the case of Catholic Mission at Daly River, they got a double dose; there was incense as well. That was the system that was used there. In other parts of the Territory, that does not happen. The issue is that houses, basically, stand vacant for a long time. I bring that to your attention as one of the factors.
The other factor the minister has not spoken about in his statement but which has been raised before is the issue of home ownership. This has been an issue that has been on the agenda more since Senator Amanda Vanstone made an announcement about initiatives promoting individual home ownership on indigenous land. I am not here to say one way or the other whether the concepts the federal government are putting forward are the way to go.
What the federal government is proposing came with the changes to the Aboriginal Land Rights (Northern Territory) Act when they were looking at two possibilities for Aboriginal people. One was called the Home Ownership on Indigenous Land program which is for people who live in the town area of an Aboriginal community. Under the program, people can borrow the money they need to buy a house from Indigenous Business Australia. They would pay a deposit and pay the rest over time. Under this program, they will not pay too much money in interest on top of the amount they borrowed in the first place. If they cannot keep up their payments, they might lose their house. The house will not be sold again to anyone who wants to buy it. Instead, the Community Housing Association takes over the house and will own it.
The second program they have is called the Home Purchasing Centre program. This is a program to help people who have been renting a community house for a long time and have been good at paying their rent. They could buy a house from the Community Housing Association for less than the full price. As part of this program, the Community Housing Association will then get extra top-up money from government to build or buy another house to replace the one it sold. There will be quite a few comments about that.
To balance those initiatives from the government, I will also read some comments from the Social Justice Commissioner, Mr Tom Calma. As the member for Brennan would know, he was recently at the Palmerston Indigenous Village and he spoke about the social justice report. He made some comments about Aboriginal ownership of their own homes. In his media release on 5 October it states:
- Aboriginal and Torres Strait Islanders Social Justice Commissioner, Tom Calma, today welcomed initiatives to assist indigenous Australians on communal lands to own their own homes where it is desired by them; however, was concerned that today’s proposal by the federal government could have a significant impact on land held by traditional owners.
The Commissioner said the right to housing is a fundamental human right recognised in numerous international treaties. It ensures that individuals who are homeless, without adequate housing or do not have the resources needed to provide for their own housing needs, are entitled to adequate housing for security and wellbeing.
‘Given the current state of housing in remote indigenous communities, the new home ownership initiative must be additional to the government’s service delivery and housing responsibilities in remote areas – it cannot replace government responsibilities in these communities ...
He went on the say, in another press release which was part of the media pack of the native title report:
I also question the relevance of any leasing proposal because it is already possible to lease indigenous land. To date, this existing option has not improved indigenous economic development.
International research demonstrates that converting indigenous lands under communal title to freehold or leasehold title does not lead to improved outcomes for indigenous peoples, economic or otherwise. In fact, countries that have converted indigenous communal lands to individual leases are reversing these policies.
Then he said:
- My report sets out alternative strategies in Australia and elsewhere to promote economic development and increase home ownership without putting existing rights to land at risk.
He gave these three options:
These options include: setting up indigenous business enterprise arrangements through Shared Responsibility Agreements; extending the Home Ownership Program administered by Indigenous Business Australia; or establishing a ‘good renters program’ to accumulate equity for indigenous communities through rent payments.
Any business enterprise will require government support, but first there is an urgent need to improve infrastructure and resources to remote communities before development can occur.
- The concern from the indigenous community that I’m hearing is that the legitimate issue of home ownership might be used as a Trojan horse for a reallocation of land rights - a taking of rights away from Aboriginal people …
Others also said that you presently were able to lease land from Aboriginal people for things like railway walls, Defence housing, utility stores, pastoral leases, safari hunting, and tourism. There are comments from both sides of the fence on the issue of indigenous ownership of their own houses.
I put forward that we are not going to catch up, as you say, unless you have a Marshall plan, with the number of houses that we really need. We have to look at some other ways of trying to do it. If we really are going to rely on the government to provide every Aboriginal family in Australia with a house, much as it might be a good idea, I do not think it is going to occur in reality. Therefore, you have to look at other alternatives. Can we provide cheaper housing, get better value for the money that we are providing, and give Aboriginal people the opportunity to buy their own house? I know there are many issues with that, but that is good for debate. We need to debate that, to see whether there are ways around that: can people pay their rent as part of purchasing a house?
On the other side of that, if you happen to be leasing your house on Aboriginal land, you actually do not own the house; the community that owns the land owns the house. Therefore, if you stop payment, or you pass away, whose land is it?
There are a lot of issues that need to be sorted out, but it is worth the debate. If we are to make a difference, we have to look at the cost of housing and have to be realistic with the type of housing we put on Aboriginal communities. It is no good having one fantastically luxurious six-bedroom house with all mod cons and 90% of the people still living in poverty. Let us put some medium houses in those communities and get more people out of extreme poverty. At the same time, let us look at the options of whether indigenous people can purchase their homes without losing the communal rights that they have for the land at present.
Mr HENDERSON (Police, Fire and Emergency Services): Mr Deputy Speaker, I support the statement of my colleague, the Housing Minister.
In urban areas of the Territory, running water, electricity and a decent place to live are things we take for granted. However, for many Territorians living in remote areas, this is a dream, not a reality. They live in homes bursting at the seams due to chronic overcrowding and with basic domestic facilities struggling under the weight of that overcrowding. For these Territorians, maintaining basic hygiene and health becomes a daily battle, making it very difficult to focus on things like school attendance, undertaking training or holding a job.
Substandard overcrowded housing is continually identified as the most important structural impediment to indigenous people breaking away from welfare dependence. As my colleague, the Housing Minister, pointed out, there is a crisis point in the Territory in the substandard housing situation in so many of our remote indigenous communities. The figures speak for themselves. Of the close to 60 000 indigenous people living in the Territory, 82% live in rural and remote areas, including 72 recognised communities, and another 800 locations with five to 100 people living in them. Public housing, private rental housing and other mainstream forms of housing support are simply not available for the majority of these places.
In 2001, it was estimated that around a quarter of indigenous households were overcrowded. Our indigenous population had an average household size of 4.6 people, compared to the non-indigenous population of 2.7. The situation has not improved. The social disadvantage of this overcrowding, combined with poor domestic infrastructure, cannot be underestimated. Ensuring remote indigenous families have proper housing is not just a social imperative, it is also the path to a strong and a prosperous future.
Last week in the House, I spoke about what my Department of Business, Economic and Regional Development is doing to support and stimulate regional and indigenous economic development. We have put in place an Indigenous Economic Development Strategy, targeting 13 sectors which present opportunities for remote indigenous Territorians. We have an Indigenous Development Task Force driving this process and working to improve indigenous wealth, employment and entrepreneurial culture. We are seeing some early success stories, with a number of indigenous businesses set up around the Northern Territory, or in the planning processes. However, the harsh reality is that, if we do not get the basics right, how can we expect remote communities to improve their economic lot?
Proper housing is a crucial piece of the puzzle. It must be addressed if economic opportunities are to be fostered, developed and sustained in our remote communities. The direct contribution house construction makes to the creation of job and business opportunities is significant. Experience in North America demonstrated that long-term construction contracts were the most effective mechanisms to develop jobs and business capacity in remote areas.
Through the negotiation of the $250m Indigenous Housing and Infrastructure Agreement 2005 to 2008, the Northern Territory is committed to the construction of 180 new houses a year from 2006-07 - a good start. Under the agreement, a number of existing programs will be pooled from 1 July 2006, including the Aboriginal Rental Housing Program at $20m; Community Housing and Infrastructure Program, almost $40m; the new Aboriginal Housing Strategy; and Healthy Indigenous Housing Initiative, almost $5m. By pooling these programs and the attached funds ensures housing programs are strategic, streamlined and avoiding overlap and duplication. It is a landmark agreement and one the Northern Territory government fully supports. It will ensure we are all travelling in the same direction and working towards the same goal of improving indigenous housing, and doing it in a bipartisan manner.
Importantly, this commitment to improving housing stock in remote areas presents a significant opportunity for local indigenous people to gain real skills and jobs in their own community. Regarding jobs, ongoing housing construction provides a focus for the sort of training that can and should be delivered in remote communities. That work has started, with an employment and training strategy being developed for the indigenous community housing sector, which aligns with our Building Stronger Regions, Stronger Futures Strategy, as well as our Indigenous Economic Development Strategy. As the Housing Minister outlined, this presents an enormous opportunity for indigenous people in increased employment outcomes and the potential to undertake training and apprenticeships that lead to real jobs. These skills will remain valuable once the initial construction phase is over, with repairs and maintenance providing an ongoing vehicle for continuing employment for local people in their own communities.
This strong focus on building up the housing stock in remote communities is more than just jobs. It will lead to an increased indigenous economy and enterprise through housing and construction management. There are a range of housing and construction business models and employment outcomes that can be adopted according to local circumstance, something my department will be working on, including joint ventures, stand-alone Aboriginal business and pooled employment models.
One example that has proved successful is the Central Remote Training Model developed by the former IHANT. Under the model, five remote indigenous communities and one indigenous community in Central Australia are using indigenous building teams to build two houses in each of the six communities. The former IHANT gave a five-year commitment to the program, along with the participating communities. Nineteen apprentices are currently participating in the program, with nine currently working towards completing a Certificate III in General Building and Construction. The remaining 10 are either near the completion of a Certificate II in General Building and Construction or midway through. Nine of the apprentices have been with the program for over 18 months and should complete their structured training program by the end of 2005-06 financial year.
Literacy support is also provided as part of the training. The Central Remote Training and Employment Model will complete its first round of training at the end of the 2005-06 financial year, and the Department of Local Government, Housing and Sport is currently developing the next round which is due to commence at the start of the 2006-07 financial year. Tangentyere Constructions are the project managers for the training construction program and are looking ahead to 2006 and beyond for enterprise opportunities for the building teams in participating communities. A number of other Central Australian communities are interested in participating beyond 30 June 2006, so it appears as if the model will continue to succeed in developing skilled local people into the future.
Where these construction models emerge at a local level, there will be opportunities to take on contracts in neighbouring communities, towns, and even across the Territory. The skills and equipment that will be invested into these projects will also be transferable beyond the construction sector. Other contracting opportunities will emerge in the mining sector, and on road construction and maintenance.
The strategic aligned and bipartisan approach now being taken to tackle the indigenous housing crisis in the Territory is one of the most important ways in which government can have a decisive influence on the regional economy. Not only will it mean a better quality of life for many Territorians currently living in substandard or overcrowded housing, but also provides these people with new training and employment opportunities, as well as potential business ventures. The social and economic benefits are enormous.
This is certainly an issue that, as Minister for Regional Development and indigenous economic development I am absolutely passionate about. If we are looking at the private sector to come in and invest, the reality is that many of these outcomes for indigenous employment and real jobs out on the communities, is an aspiration we should all look and work towards. That is not going to happen overnight. The one area we can have specific and direct influence on is through our own capital works programs. That is something I, and my colleagues, the Minister for Housing and the Minister for Infrastructure and Transport, are working on. We believe that with a real focused effort, working with the Department of Employment, Education and Training, we can really start to sharpen the capital and maintenance spend that we spend in the bush to get much better indigenous employment outcomes. That is something that we are working hard on, as well as looking forward into the future trying to get private sector investment to get other enterprise activities happening in remote communities. I commend my colleague, the Housing Minister for his statement.
I pick up on the comments from the member for Nelson. I agree, and have spoken to the Minister for Housing about it, that we have to get better value for money in the housing spend that we have in the bush - $250m a year. You cannot tell me there are not better economies that we can achieve for the dollars that we have available. I know my colleague, the Housing Minister, is certainly on to this. I agree with the member for Nelson; we have to get better value for money. The cost that we have currently seen for building a three-bedroom house out at Wadeye was something like $460 000 which is just unsustainable. It is ridiculous – nearly $0.5m dollars for one house. We have to get better economies and better outcomes.
I am sure the minister will update us in his response, as well as where the debate goes regarding Aboriginal people being able to own homes on Aboriginal land. It is going to be an interesting debate when it comes on. I am aware in Groote Eylandt, for example, that there are quite a number of indigenous people who work in the mine who would be very keen in that type of investment. Aspirationally, it is something that government, through the land councils and with the Commonwealth government, should look towards. Although there are certainly many issues in regard to how that might be achieved, everybody is at least talking about the crisis in indigenous housing.
I agree with the member for Nelson. There is not going to be $1bn coming from the Commonwealth over the next couple of years to fix this problem. We have to look outside the square. Getting better value for money and getting the private sector investment into these remote communities is something that we have to look at in a very serious and strategic way. We are starting to do that.
Mr Deputy Speaker, I commend the minister on his statement and pledge my support as Regional Development and indigenous economic development minister to working with him in the journey ahead.
Mrs BRAHAM (Braitling): Mr Deputy Speaker, I thank the minister for presenting the statement. You were very honest and open with your comments in it. We all recognise the great need for housing for Aboriginal people, whether they are on the fringes of our towns or in communities. We all understand that lack of housing causes all sorts of social, health and hygiene, and family problems. We do not need to keep on reiterating the problems that lack of housing causes because it has been documented many times and we all know it so well.
I can remember, like you, going cap-in-hand as the Minister for Housing, trying to get more funds out of the Commonwealth, and the struggle to justify and put forward your case. It seems to be a never-ending plea for help. I do not think the Commonwealth has recognised the enormity of the task that they are asking places like the Northern Territory to take on.
You mentioned the IHIA agreement in your paper. It is good to see that there has been a better agreement. There has been too much duplication in the past. We have heard a number of speakers talk about the high cost of houses that have been built. The one that sticks out in my mind is the houses that are built for the NAHS program as compared to the IHANT program. We have to also take to task some of the architects who are putting forward these homes to the Aboriginal communities, which are often unrealistic. We went through a period where we said: ‘You tell us what you want for the design; and let us design something that would make it acceptable for you to live in’. We have always said you should have access to the toilets and the bathroom from the outside. You should not have people walking through your kitchen or your living area to do that. You should have outside cooking facilities so people do not have to tramp in.
I saw a house where there were two families accommodated with a communal living area in the centre, and it was cutting down on costs in that way. There are good designs around. People in the Centre say: ‘Do not just make us a matchbox. If you are going to build us a matchbox, make sure it has verandas all the way around, because shade and breeze is something we need’. That is what we have to do, minister. When we are addressing the high cost of houses, we have to make sure the advice and the people who are designing and building these houses are realistic and sensitive to the needs of Aboriginal people.
I sometimes wonder about the cost. The project managers have made a heap of money in the Territory over the past few years from some of these programs. You really have to question what have they achieved and whether they really helped the situation at all.
Rather than just pouring money back into more homes, we probably need to address some other issues as well. We need to look at housing maintenance and how we can increase the life of the house. We need to have this life skills program we keep talking about so that people can know how to take care of their house; if something breaks down you just do not leave it for a long time, you address it and get it fixed straightaway. I know in Ali Curung they have very simple methods. I have seen their little booklets they have prepared for people in houses on how to clean the toilet and look after your stove. It is simple stuff but it works. It works in that community because they do not just give it to them and say, ‘Here it is’, they work through it with them. We need to, somehow or other, get that education of maintaining the life of the house so that people understand when you go into houses there are certain responsibilities and you will make it a better house to live in if you do certain things. That is not putting Aboriginal people down. It is just commonsense. We see it every day within our suburbs and our town camps.
I hope it is gone now, but there was a fair bit of rorting of the system with housing in the past; a fair bit of nepotism, I suppose. One of the classic examples is the Golden Mile, out from Alice Springs, where houses were built for people who, in fact, worked and lived in town. Suddenly, they had this wonderful property built for them when, in my mind, that was not useful; they were not the people who needed the houses most. That is what you need to identify. If you work for a salary in town and are already living in housing in town, you should not be given another house on a property just 20 km out of town for your private use when there are people screaming for accommodation in more desperate circumstances elsewhere. I hope that is gone. I really do, minister, because I feel as though that was pretty bad.
There is a pipe that takes water from Alice Springs out to these homes; 20 km away. Yet, people who live in the rural suburb of Ilparpa cannot access the town water through that pipe. That is just a terrible waste of money; it is something that should have been thought through because that pipe was installed by ATSIC but was then given to Power and Water. Commonsense would have said if you are going to put a pipeline like that in, then everyone should have been able to access it.
The member for Nelson asked what happens when someone dies or vacates the house. I do not know. I am sure there is an answer. If you work with traditional people and communities so that houses do not stand for long periods of time but, somehow or other, are cleansed in whatever ceremony needs to be done, vacated for a certain period of time, or given to a different family, there probably are solutions. I guess that is something that needs to be talked through. However, it is something that seems to be a waste of resource while we are trying to work out what to do.
We talked about home ownership for Aboriginal people. The member for Nelson mentioned the press release by Senator Amanda Vanstone. I have a little difficulty in thinking that this is practical. The government recognises people wanting to own their own home on indigenous land will require support. Low incomes, high construction costs and lack of commercial finance and banking services are barriers to home ownership. How can someone on welfare benefits afford repayments of large loans? If I was someone living on an Aboriginal community on welfare benefits and people were building me houses, why would I want to change the situation? What incentive is there?
The federal government talked about additional money for programs for people who have been good renters. We know there are people on communities who pay the rent and their homes are maintained, who should have the opportunity to buy. The government talked about the program run by the IBA, under which people can borrow money at low rates. It also talks about the use of CDEP programs to start building houses. However, at the end of the day, will there be lending institutions willing to lend money or will the government have to pick up the tab? Somewhere in my papers, I saw that the federal government would, in fact, establish a bank of money to lend people who are willing to borrow. I cannot see that a bank will lend money to an Aboriginal person if, at the end of the day and they default on the loan, the bank cannot recover anything.
The Aboriginal Land Rights (Northern Territory) Act has, in fact, really tied up the land almost too tightly. We realise that it has, in a way, stymied economic development. Aboriginal people can go in and out of their communities, but a business person can easily have their permit revoked for all sorts of reasons. Therefore, they may not be able to go back in and recover their capital investment. You need to address the problems of the control of Aboriginal land by land councils, and whether they have stymied this development at all. Would a private person risk their money to set up a business that they will be denied access to? That probably equates to lending someone money for a home and not having security of tenure. If the Aboriginal Land Rights (Northern Territory) Act actually meant to make land secure for Aboriginal people, it certainly has done that. However, it has been a bit of an overkill. I do not know whether even the young Aboriginal people respect the land as much as the people who started this movement over 30 years ago. I do not believe they have the respect and association with the land as strongly as their parents and grandparents.
Perhaps it is time we really re-thought how that land act is operating, and whether it could be changed in such a way that it frees up the land so that people can use it to their advantage rather than tying it up. It is just a piece of land. It is interesting - is it not? - when we gave Aboriginals land we thought we were doing a great thing for them. However, we have not stopped the grog runners, the illegal trade of petrol and marijuana, and all that goes on in Aboriginal communities. By doing that, we probably introduced some of the downsides of social life in our community. I am not even sure - and I have thought about it - how on earth you change an act. I know the federal government is talking about allowing this to happen. How can traditional people feel they have not lost control of their land, but allow people to build privately on their land, and say: ‘This is mine, this is not yours’? If the Aboriginal person does own that house, the cultural obligations may be so strong that they might give up in despair.
Minister, if you know the answer to home ownership, we are happy to hear it. I reckon it would be a while before we get anywhere and the take-up will be slow anyway. I do not believe there are a lot of Aboriginal people on communities saying: ‘I want to build my own home’. We need a few to do it first before the take-up occurs.
I am not going to go down the path of public housing in our towns, because I have done that enough times. However, Eric Sultan and his little group in the Aboriginal Housing Information Referral Service - where are they going? Can you tell me if you are going to continue to support them, because the demand on their services has grown as more and more as people take up public housing? They have been asked to do more and more. It is a question that was raised with me the other day. I really need to ask you privately. Perhaps you could give us some sort of answer to give them some feedback, because their task is greater than it was a while ago.
I also need to say something about renal villages. I was pleased to see that the Topsy Smith Hostel has put an application in to expand. Yes, I did notice - I know what you are pointing at now - the comments by the member for Greatorex; that he was objecting to it on the grounds of traffic. It has never been my understanding that Aboriginal hostels have not run their hostels well. I have some in my electorate. I have never had any complaint with them. It is my understanding that many Aboriginal people use taxis or minibuses to visit people in hostels. They even live in the caravan park next door. I honestly do not see it is a problem. It is probably a bit of a furphy that has been perpetuated by, in fact, the member for Greatorex as he probably just does not want that in his electorate. However, it is something that is essential. I have said in this House many times the concerns I have for renal patients who are living in town camps or in other public houses, who get humbugged by visitors, and then almost give up their tenancies, or just go home or end up in a terrible health situation.
Topsy Smith Hostel will not accommodate all our renal patients in Alice Springs, because we all know that it is a growing epidemic. Minister, you and I have talked about other options for renal patients in Alice Springs. I believe it must be a well-managed environment for renal patients to survive. Putting them into a unit in a housing complex often is just a disaster; it is asking them to fail their tenancy. If this government can put money into building a renal hostel, village or complex – whatever - in Alice Springs, you will get my vote even though you are not my electorate.
I realise the CHIP program - all these programs have changed. I had Ingkerreke Outstation Resource Services come to me the other day and say: ‘We do not know what is happening to us’. I have been trying to pursue that over the last couple of days because they have something like 40 small outstations they service, with about 690 people. As they say, if they cannot maintain services to these people, these might be the ones that go into Alice Springs and cause that urban drift. They will not stay out there if they cannot get services such as power and water, etcetera. They also have 90 CDEP employees on their program. That is a lot if they suddenly find that they cannot employ them anymore. I know it is not part of your statement, minister, but if you can give me any indication of where that CHIP funding for the outstation service resources has gone, I would appreciate that as well.
I would like to see Aboriginal people succeed in their tenancies, whether it is on Aboriginal communities or in town. No one wants to see them fail. Yes, I do push hard for evictions when I get complaint after complaint; when it is not working out for someone. However, whatever we do - whether it is putting an Aboriginal family in a community, in a town camp or in a suburb - we need to make sure they have the skills to succeed. Too often, we just throw them in the deep end and then wonder why nothing works for them and all hell breaks loose.
Minister, if you can get the funding out of the Commonwealth, and increase housing for Aboriginal people, we will all commend you and say: ‘Good luck in what you are doing’.
Ms McCARTHY (Arnhem): Mr Deputy Speaker, I support the Housing Minister’s statement on indigenous housing. It is a great honour to hear the words so courageously said in this parliament about the state of indigenous housing in the Northern Territory: courageous, honest, with a desire to succeed and to rise above problems that face Aboriginal people in the Northern Territory and, indeed, right across Australia.
The minister began with looking at the importance of this year regarding historic dates. This year, we remember the Wave Hill walk-off. We also remember the 1976 Aboriginal Land Rights (Northern Territory) Act. What the minister said in his statement; that land rights and the things that go with it such as self-determination, were never backed by a proper commitment to build the capacity of people to take over - in other words, to build the human capital of Aboriginal Territorians. The second thing was that the promise of land rights has never been matched by any coherent attempt to build financial capital on the traditional lands of indigenous Territorian, from either public or private sources.
The minister concluded that ‘the heroism, vision and determination of those leaders of 40 years ago has been allowed to trickle away’. I stand here today to say that I, for one, will not let their memories trickle away. We have a minister of the Northern Territory government who said in this parliament that we are facing an absolute crisis. This statement was from a minister of the Crown, where he went on to say that we need 4000 new houses to meet the needs of Aboriginal people in the Northern Territory. Even if we were able to meet the needs, only 120 new houses could be built from 2006 and 2007 with the current existing funding. At that rate, it would take 33 years to fulfill current housing needs - 33 years! That is not thinking about the other factors. It is based on the assumption that all the houses in these 33 years will not need to be renovated or rebuilt. It is not even taking into account the population increase.
Let me tell you about the population increase. We all in this parliament have all heard what the Australian Bureau of Statistics has said about the population growth in the Northern Territory. The highest growth rate is amongst Aboriginal people in our remote communities across the Northern Territory. If we cannot face the crisis today and work in unison, as a parliament of the Northern Territory, then the crisis is only going to deepen.
We talk about antisocial behaviour, health, and unemployment. All of these things come back to the one thing which is a sense of self - a person knowing where they belong. I ask my fellow members to think for a minute what it has been like, the times when you have been in between houses, trying to find a home. Perhaps some of you have only been homeless, if you like, for a couple of weeks while you have tried to move from one house to another, or rent a house in this area or a flat in that place. Or maybe you were looking for a place for your grown-up children to make sure they are okay now; and can get off to a good start. That sense of self is knowing that you have a place to go home to, where you can sit down and relax, shut the door on what has been either a good day, a not-so-good day, or an end-of-the-world type of a day, and feel at home. What is the saying? A man’s home - a woman’s home - is their castle? Let us not belittle that statement.
I was asked by a federal politician: ‘Where was the best place, if there was so much money that could be given in Aboriginal communities? In what area would you look at putting that money?’ I did not hesitate; I said housing. For every Aboriginal person who is employed on our communities, they carry at least 20 to 22 people on their one salary alone. In those houses, they share with at least up to 10 people, if not 15, which ranges from babies to old people –grandmothers and grandfathers. In Wadeye - and the member for Daly can tell you - the Thamarrurr report identified the housing needs of the people there. That report reflects the same issues, the same crises, affecting our communities rights across the Northern Territory.
When we talk about a crisis in Aboriginal housing, let us also not forget the Aboriginal health workers, the Aboriginal police aides, the Aboriginal teacher’s aides, who ask consistently for a house. They ask for a house so that they can go to work to conduct the very jobs that a non-Aboriginal person in their community can do quite well because they have their own home. Our Aboriginal health workers, police officers and teachers who live in the communities, who grew up in the communities, who try to get ahead in their own community, cannot even have their own home.
Here we have the minister of the Crown saying we have a crisis. We do have a crisis - that will go on and on if we do not support our Housing Minister. By support I mean not just in words, I mean coming together – all parties in the Northern Territory and federally.
The minister talked about the 35 years of underdevelopment in our communities. As I go around the communities of Arnhem, I know how desperate the housing shortage situation is. In Ngukurr, there are just no houses whatsoever for anyone to stay in, and they are screaming for homes there. In Bulman, the houses are so old water just leaks through. In fact, the walls do not even reach up right to the roof. They have stone floors and it is Wet Season time; the rivers are flooded. Is it no wonder that people are sick?
Is it any wonder that people do not care about going to any kind of work when all they have on offer is CDEP? As we have heard in this parliament many times - in fact, the member for Macdonnell said it - why would people get up to go to CDEP? Kids are encouraged to finish high school so they can go on CDEP. We need to have a really good look at all the policies surrounding Aboriginal people in this country and, in particular, in the Northern Territory.
People are feeling very disempowered, neglected, and definitely homeless. What are the consequences of homelessness and overcrowding? We have heard the minister speak about that as well. He said there can be nothing normal about this state of affairs. In particular, the children are the most vulnerable and least responsible for the appalling conditions they face.
Some comments were made here this afternoon about the Aboriginal Land Rights (Northern Territory) Act. I heard that the land was given back to Aboriginal people but it does not seem to have done much good and, perhaps, it stymied development. I would like to put something else on the table here because I do not believe that. The land was not given back; the land was fought for under the Aboriginal Land Rights (Northern Territory) Act. You ask any traditional owner in the Northern Territory about their struggle. They will not say to you: ‘Oh, yes, someone came along and just gave me this land’. The land was fought for, long and hard, under the Aboriginal Land Rights (Northern Territory) Act. When people say land is ‘given’ back, I ask you to think of something. Things are not ‘given’ to Aboriginal people without the other hand of the giver taking something else back. Think about that. The history of this country shows that relationship; there is no question about that. Argue about the history if you like, but talk to any Aboriginal person and they can tell you about their own history - from here, from the heart. They know it and they live it every day of their life.
When we have a minister in our parliament stand up and say we have a crisis, that should ring alarm bells - alarm bells ringing so loudly your head should be hurting; alarm bells that should be ringing so loudly that even all those politicians in Canberra should be hearing it - need to be hearing it.
Just in the last couple of weeks, we saw the magnificent effort of the City of Melbourne and the Commonwealth Games. What brilliant games they were. Our own Danni Miatke and Crystal Attenborough are Territorians whom we can feel absolutely proud of for their efforts in those games. In amidst the discussions - and I am not sure many of you may have seen the opening and the closing ceremonies - there is always commentary. You hear the commentary on the TV or the radio. Listening to the commentators as they are speaking, you see these competitors from a lot of the poorer nations. One of the discussions that took place at around the time of the Commonwealth Games closing involved Reverend Tim Costello talking about the common wealth - this wealth of our nation. I was listening and I thought, yes, yes, that is right. This wealthy nation, that is us, that is Australia; it is where we all call home. The Reverend said: ‘I was watching the games and thinking about these nations that come from South Africa and other places in the Commonwealth that are not so wealthy’. Then he asked listeners to remember the people of Africa. He said, ‘Remember the people of Africa because they are suffering and in deep poverty’. And they are. There is no doubt about that.
However, I would say to Reverend Tim Costello: ‘What about the poverty right here in our own country?’ I would like to say to the Reverend: ‘Speak to your brother who holds the purse strings, to find what can be done to deal with the poverty in this country - poverty that begins first with our houses, with the homelessness of Aboriginal people in the Northern Territory. There is $14bn in surplus in the federal government. Hey, how about sharing a bit of that this way? In fact, share a whole lot of that this way. It would do a tremendous amount of good for the people of the Northern Territory and, no doubt, it would lift the esteem of the Howard government under the eyes of all indigenous people across the country’. They would still have a long way to go though, I am sure, because the poverty we are seeing and the homelessness, comes back to a sense of self and worth in society. The poverty is not just material. Yes, we need more houses and infrastructure, we need better roads to get those houses out there.
When we look at disasters that occur around this nation and overseas, and how quick people are to move to support and help, it is fantastic. That feeling of wanting to help someone in need; it really makes you feel good. So it should, because you want to help someone in need. When these disasters occur, it is so good at how people can come together. It does not matter what colour you are - short or tall, or where you come from. Everyone pulls together to get through this really rough time.
Let me put another thought to you now. That very crisis is occurring here every single day. Where is the hope for all these people out in the remote areas of the Northern Territory? They not only have material poverty, they have political poverty; the ability to speak has been taken away from them. Therefore, they speak to me, the members for Macdonnell and Barkly and all members who go out there. They say: ‘Hey, we need help. What is happening? What is going on? Why are we not being supported through these federal programs that are meant to be out there, working in our community in replacement of what ATSIC used to do?’ There is absolute confusion. Perhaps the greatest poverty after material and political is spiritual poverty - that deep sense of hopelessness, of not knowing what to do.
These houses are in such a state, that if you have 10 to 15 people living in those houses, what happens when you have natural disasters like flooding? Just in the past seven days, we have seen what has happened in Beswick. I certainly know about the Waterhouse River inundating houses there - no children to school, no teachers at school. Teachers have moved into Katherine. Children and their families have moved to higher ground - not in their houses, no, not in their houses. They take the 15 to 20 people who might be in their house, and they go and move in with another 15 to 20 people in their house because the river is rising. They are in desperate need. The crisis they face on a daily level with no houses is compounded when we have natural disasters, events like the Wet Season flooding which we consider normal.
We need to think beyond that. It is not normal for people to be living like this. We have to be creative in the way we attack things. We have to be supportive when the Housing Minister has said what he has. I suggest, concerning the Marshall plan that you have, minister, in trying to pull people together, you definitely have a two-pronged strategy while you are searching for the funding and establishing the Marshall plan and, at the same time, identify the people in need. Identify them in categories as has been raised by the members for Nelson and Braitling. How do you identify the needs? Perhaps that is something that can start happening now. Whether you do it from one to 10, A to D, numbering them in colours as to who is more in need than the next person. At the same time, pull together this Marshall plan.
I feel that this year - 40 years after the Wave Hill walk-off and 30 years since the Aboriginal Land Rights (Northern Territory) Act was implemented - I would like to see that we can walk away knowing that we have contributed to at least a future filled with hope. We can turn this around. We can do it with the goodwill of all people, both in the Northern Territory parliament and in the federal parliament. I am absolutely confident we can do it. Under this Housing Minister, we can most certainly do it. He has an absolute passion for the people of the Northern Territory and, in particular, those people in remote areas and in the Barkly.
I urge the Housing Minister to go to Canberra and formulate this desperately needed Marshall plan for the most impoverished people in this country. If you do not get the support you need for Aboriginal people, for this enormous crisis here which impacts deeply on their health, education and employment, then I say go further. Go further than the federal government if you need to, minister. Go to the United Nations if you have to. Go because you have the absolute support of this parliament that there is a crisis going on in the Northern Territory. I urge you to have the voices of the Aboriginal people of this Northern Territory heard through you.
Ms ANDERSON (Macdonnell): Madam Speaker, I support the statement on indigenous housing brought to this House by the Minister for Housing, and Local Government.
Shelter is one of the most fundamental human needs, and the importance of secure affordable housing cannot be underestimated. Indigenous households are prevented from accessing adequate housing for various reasons including lower labour force participation, low income levels, discrimination, and limited availability and adequacy of housing. Readdressing this situation is a major priority because, as the minister said, good health and diet and the ability to obtain a good education, undertake training, etcetera, all stem from having a safe and secure house.
In Central Australia, the housing need is acute. Twenty percent of families live in half rain water tanks, car bodies and other shelters; 46% of families live in overcrowded houses; 60% of housing stock do not have the facilities necessary for a healthy life. To a considerable degree, this housing crisis has arisen because of a history of policy failure in this area, mainly because of the lack of understanding and will to address this situation.
Contact with Europeans and the establishment of permanent settlements forced the demise of the traditional housing system. In its place, a number of housing systems were developed based on largely non-Aboriginal values and theories of what was good for Aboriginal people. The nett result was a great deal of wasted resources - something that we still see today. In the assimilationist period, housing policy for remote areas was based on the transitional approach where Aboriginal families were to be westernised in stages. Little more than tin huts, these transitional houses were unliveable. A study in 1965 revealed that the inside of transitional houses in Amoonguna was 10 F hotter than outside. In the 1970s, the trend moved the other way, with a number of architects designing experimental houses intended to complement Aboriginal lifestyles, with generally poor results. The Central Australian landscape is littered with the remnants of these designs, like the 50 shelters on the Docker River outstations. These are tin sheds in the shape of a 50 piece that was considered by somebody to be in tune with Aboriginal culture.
Throughout this time, the policy requirement was for Aboriginal people to be consulted in the design of the house. However, in reality, the consultation process was ineffective due to language barriers and the lack of knowledge about housing. The end result was either dog boxes without crucial amenities, or elaborate houses with intricate design details that cost a fortune, like the cyclone-proof NAHS houses that were built for Yuendumu in the middle of the desert. Many of these houses were poorly constructed.
HealthHabitat had found that construction faults are the cause of over a third of indigenous housing failures. Work required due to vandalism, damage, over-use or misuse, accounted for less than 3%. This is particularly important as it confirms similar figures over the last 17 years, and provides hard evidence to contradict the popular opinion the main problem in Aboriginal housing are those using the houses. This data was further verified when IHANT commenced independent construction audits for all new housing. The results were shocking. In nearly all instances, builders had to be recalled to rectify significant construction faults.
The bilateral agreement that was signed between the Northern Territory government and ATSIC on behalf of the Commonwealth government in 1995 was a significant reform that enabled Aboriginal representatives to have real input into the Northern Territory indigenous housing policy for the first time. IHANT did achieve some real reforms in the delivery of indigenous housing, and these reforms can be progressed and further rationalised now that the minister has reconstituted the IHANT Board. I commend the minister for re-establishing IHANT and for the composition of the new board.
One of the major reforms IHANT achieved was the introduction of repairs and maintenance grants to augment rent collected. Without those grants, long periods of inadequate or irregular maintenance just increased the housing maintenance cost. With the R&M grant combined with rent, the communities can avoid major housing failures and extend the life of the house. One of the major achievements was to tie the allocation of R&M money to rents collected. This was an initiative of Aboriginal board members, and reinforces what I was saying about the importance or traditional Aboriginal people being involved in the development of policy. The nett result was a large increase in rents collected.
The challenge for the new IHANT is to further refine policies and to enhance the management capacity of indigenous community housing organisations. Consideration also needs to be given to augmenting the R&M grants to cover the costs arising from the legacy of previous housing policies. Long periods of inadequate or irregular maintenance programs and poor quality of construction have increased the cost and levels of maintenance required in most remote communities. One of the largest imposts arises from the variety of different fixtures and fittings that have been built into houses over the years. For example, a community of 40 houses can end up with 40 different types of taps, 10 different toilet systems and 80 different window sizes. When you consider the expense of tradespeople not being able to fix the problem on their first visit because they do not have the right parts, you begin to understand some of the excessive costs imposed on remote communities.
We heard today in this House from both sides, members talking about the cost of houses in Aboriginal communities. There has been research done on this with the IHANT Board and through HealthHabitat that, quite clearly, shows us that because of the 80 different designs and 80 different parts that were required to fix all these houses, that is where the cost is. However, policy decisions do not incorporate recognition of the effects of the past and the current under-resourcing.
An interesting comparison is the public funds allocated to housing maintenance. This just clarifies what the member for Arnhem just said earlier. In four communities in the Pintubi/Luritja area in 1999-2000, the public monies allocated to the maintenance of public service employee housing - approximately 150 predominantly non-indigenous people - was double that of the public funds allocated to the maintenance of housing for 1300-odd indigenous residents.
IHANT also enabled the development of what the minister referred to as the Central Remote Model. The Central Remote Model was developed by the Central Remote Regional Council because we were concerned about the issues I have been discussing today. The Central Remote Model reformed design and construction of housing in Central Australia, as well as achieving real employment and training outcomes.
In regard to housing design issues, the Central Remote Regional Council established and implemented a small portfolio of high-qualify standard designs aimed at reducing ongoing repairs and maintenance costs. These designs were selected after extensive consultation with all communities and outstations in Central Australia with assistance of Paul Pholeros from HealthHabitat, and IHANT officials. The evaluation done by SGS Economics on the Central Remote Model found that the quality of housing is considered far superior than that provided under the former model, to the point where the economic life expected from the housing is twice as long, and the maintenance costs are projected to be lower in the longer term.
The implementation of the standard design also gave us the opportunity to analyse the cost elements of housing. As a result of this analysis, a new design was developed by Tangentyere Construction, and is currently being trialled at Laramba community. This house is testing alternatives that have been used to replace the most costly element of housing construction. To address your concerns, member for Braitling where, if someone passes away, or if people just move away and leave the house, this house can actually be bolted off and taken somewhere else and just repainted. It is a design that the Aboriginal people really like. The member for Drysdale has seen parts of what Tangentyere is doing with this design in Alice Springs after our committee visited on Friday.
To overcome the difficulties with shoddy construction, we regionalise the construction program, with one project manager being responsible for managing the construction of all new housing construction across Central Australia for a three-year period. When this model was evaluated by SGS Economics, they found savings in administration and consultation costs. With the Central Remote Model, costing equals an average of $15 875 per dwelling compared with a cost of $25 000 to $45 000 per dwelling under the old system. The regionalisation of construction has now been adopted Territory-wide.
The third element of the Central Remote Model is the employment and training program, whereby housing contracts are utilised to provide meaningful training and employment for indigenous people on remote communities. It is one of the most ambitious and forward thinking of our aims, and extends housing delivery beyond the mere supply of housing to the more holistic community capacity building arena.
Coordinated by Tangentyere, five building trainees work with five regional building teams, each comprised of four people. Each team construct two houses per year as part of their training. All trainees undertake Certificate II and III in General Construction, and the trainees are paid full training award wages in accordance with the qualification levels that they achieve. Centralian College provides off-the-job training as they do for mainstream apprentices. This approach has paid dividends because I know of two apprentices who left their communities after completing Certificate II and walked straight into jobs in the construction industry in Darwin and Mt Isa.
For communities, this program has been met with high levels of enthusiasm and has been a key component of instilling a sense of community pride in the housing provided. Furthermore, whereas mainstream builders were failing the construction audits, the trainee constructed houses are of high-quality construction.
Everyone in this House will agree that these are real outcomes, and they were achieved because policies were developed to address the real situation, and not the myths of indigenous housing.
I am very pleased to hear the minister announce progressive expansion of the Central Remote Model across the Northern Territory. I believe it is the model to be built on, because it does extend housing delivery beyond mere supply and is a more holistic community capacity building program. Indeed, I believe that the model has application to a wide variety of services that are currently provided ineffectively and passively to Aboriginal people. Nevertheless, I support the minister when he says that we can continue at current levels of funding to do our best, but we will, ultimately, fail because of the legacy of 35 years of under-expenditure, and the inexorable pressure of future needs.
To that I would add the historical policy failure that I outlined earlier. I join the Minister for Housing in encouraging every member of this House to lobby the Commonwealth to have indigenous housing included as a national priority. With the Commonwealth surplus of $14bn and growing now is the right time for them to help. If now is not the time to address indigenous disadvantage, it never will be. This is crucial for the Northern Territory’s future, and every member needs to give the Housing Minister our 100% support to go to the Commonwealth and get their support to have a look at indigenous housing and other services that we have in Australia. Let us all chip in and address the problem.
Mr McADAM (Housing): Madam Speaker, I thank each and everyone for their very honest, open assessment. They are very committed, passionate and constructive responses to the statement which I presented in February this year. Obviously, I am not in a position tonight to be able to answer all your questions. However, I will give you the assurance that officers from the department - and my own advisors are here; they would have taken down a lot of the notes - will be able to have a look at the transcript of what was said here tonight. I give you the assurance that we will get back to each and every one of you in regard to the issues raised tonight.
I would like to respond to some of the comments made by the member for Greatorex, the shadow minister for Housing. I know that the member for Greatorex is a sincere and well-meaning person. He said, in the first few sentences, ‘What do we do about it?’ - and he talked about ‘together’. That is a basis upon which we can respond in part, and turn some of the issues that are facing indigenous housing across the Northern Territory.
To go to some of the points raised by the member for Greatorex, where he asserted that there was a deterioration in the condition of indigenous houses out in the bush. It is a fair statement to make. However, I believe it is wrong to assert that it is all houses. There are some people out there who show a lot of pride, they care about their houses and they are doing a very good job. It is important to understand that, yes, certainly there are issues of deterioration of the condition of houses but, at the same time, there are equally a large number of indigenous people who absolutely take pride in their house and are doing everything they possibly can to maintain their quality of life.
Some of the other speakers have alluded this evening to the degree and level of confusion out there in the communities regarding the changes since ATSIC. I tend to agree with that because, since becoming minister, I have probably visited something in excess of maybe 12 to 15 communities and I know that there are high levels of confusion, and that people are uncertain. In a way, this gives rise to a vacuum in what has happened over the last few years in developing appropriate responses to programs, particularly in regard to housing.
I can recall, going back over the years, that there have been homemaker-type programs - I guess we call them life skill programs now - that have been operating in the communities. I say to the communities that we would be very interested in having a look at models that communities might want to put up in going back to, perhaps, the old homemaker-type model, where the communities are able to purchase a whole host of cleaning materials, vacuum cleaners, brooms and that sort of stuff.
I have just received a message - excuse me, Madam Speaker. What I am really saying here is that we would very much appreciate responses or submissions from the communities who want to look at innovative, interesting ways of being able to initiate housing programs in the bush. I will say this though: we are not going to entertain motor vehicles or high capital, intensive requests. It has to be realistic and it has to fit in with the community’s capabilities. In that way, I am being positive in the sense of being able to say we are prepared to entertain new options, new ways of providing support to indigenous householders and, particularly, indigenous councils.
The other issue which the member for Greatorex talked about was the condition of public housing in towns. Of course, he is referring to Territory housing stock. I believe that we have to look at new ways to address some of these issues such as the antisocial-type behaviours which emanate from some of the public housing stock. There is overcrowding. However, at the same time, there are some very genuine people in there: people who come from the bush for renal treatment; for social activities; for hospital-type services; and to visit friends. It is important to understand that the aspirations of indigenous people who live out bush are no different to those of non-indigenous people. They deserve the same rights.
Having said that, it is an issue that we deal with on a daily basis. I know that Territory Housing and IHANT have been involved with this as well. I was talking to Tangentyere in regards to the implementation of a life skills program which will apply to the urban living areas, otherwise known as the town camps, in Alice Springs. They are developing a program. The other important thing to understand is that, initially, that program was only to apply to the town camps but now it will also be extended into public housing in Alice Springs.
Tangentyere is very credible, strong organisation which has a lot of capability and capacity to provide life skill programs. In relation to that, in Darwin I met with people from NT Shelter and the Yilli Rreung Housing Association some time back. I invited them to submit models of how they might be able to provide life skill-type support programs to people in public housing. We would also apply that program to those people living in urban areas such as Palmerston village and around Darwin. It is fair to say we are making some inroads on that particular issue. It is not going to be easy. However, by at least applying these approaches, there is a great capacity to do some good for these people.
Whilst we are talking about urban housing - and this is a little off the track - the other thing we have to look at is case management. In regard to Tangentyere, we have to be able to look at a cluster-type model similar to what has occurred in Darwin where there may be a cluster of 10 to 15 houses. Indeed, you might have it in Alice Springs or Katherine. It would be very specific. It would be case managing, providing support to those people who live in those houses. I wanted members to know that they are the sort of things that happen in regard to some of the issues raised by the member for Greatorex.
It is important to understand that the IHANT Board is new and is now an advisory board. I met with them in Tennant Creek towards the end of February. I am very much aware and appreciative of their dedication and commitment. I know that they are going to work very hard to deal with the many issues in indigenous housing. I have spoken to Michael Berto. We have a meeting again; I think it is in April this year. That meeting develop another initiative in indigenous housing. I will get to that in a moment; I just want to give some background.
I agree with the members for Braitling and Greatorex: there is no point in going to Canberra and saying to the Commonwealth government, ‘Last term it was $800m, this year it is $1.2bn’. We have to be able to take a step back. We have to look at the direction in which we are going. We have to be open and honest, as were so many of the speakers here tonight, regarding what we have done in the past. We have to be able to remodel how we provide houses out in the communities, apply some of the policies, and look at the employment and training opportunities. That workshop is going to happen around June this year. I cannot give you many details on it at this time. It will involve a range of people who have been involved in the housing and construction industry, along with architects and indigenous people.
The challenge from the member for Greatorex was to think outside the square. That is exactly what we are going to do. We are going to change a lot of things that have occurred in the past. I am not deriding what has occurred in the past because there have been some massive changes in indigenous housing, particularly in the bush communities. It is a credit to staff in my office and to the IHANT Board. Having said that, we have to be honest and open and change so that we are getting value for money.
The member for Braitling earlier raised an issue about the housing costs and I agree with her; that is the way it is structured. You have project management and a project consultant. There are percentage add-ons in each of those areas. Of course, you have ICHO on the ground. We have to ask ourselves if that is effective, because it is important to understand that there has been a culture build-up within the industry that, if you are going to tender for a government contract - be it Territory Housing stand-alone or any other project by government, and even so in regards to indigenous housing - I have a feeling there is a premium price that applies. There is a percentage put on top because it is a government contract. It is not specific to indigenous housing; it is across the board. We have to do something about it because other members have spoken about the high costs of construction in indigenous communities. It not only applies in indigenous communities, it applies in other communities throughout the Territory. It is something we have to tackle, bearing in mind there has been a massive increase in material costs – steel and cement have gone up. However, at the same time, we have to take a step back and see what we can do.
There were some other matters that were raised by the member for Greatorex. I know the member was a minister for housing for a short period, as was the member for Braitling. However, I have to say I was a little disappointed, not so much in regards with the shadow housing spokesperson raising the issue of 5000 to 7000 people coming into Alice Springs - he had every right to raise it in his speech. However, to raise it in the context that he did in Alice Springs, at a time when Alice Springs was suffering a degree of angst and there was some issues going on in Alice Springs which were very personal to a lot of people. Unfortunately, it got out of hand. I say to the member for Greatorex that we have to be a bit more targeted and sensitive. We have to understand the dynamics happening in Alice Springs. It is important to also understand that Alice Springs is a major regional service centre that provides a whole range of services for something like 260 communities, plus a whole host of cattle stations, mining and roadhouses.
Everyone does come into Alice Springs and they come in for footy, for hospital and a whole lot of reasons – and so they should. Let us leave it at that, but it is very important that we do not highlight this debate in a sense of divisiveness or brewing division between black and white people. There are some big challenges and no one group of people is going to achieve these challenges unless everyone works together. That is, basically, what I said on CAAMA radio this morning. As I say, I do thank sincerely the member for Greatorex for his contribution.
The member for Braitling also raised a number of issues in her contribution. I am not in a position to respond to them all, but to those that I can I will. You asked about Mr Eric Sultan’s program, the Alice Springs Aboriginal Housing Association. I met with Eric last year, and it is a wonderful program. I am reviewing all those programs which are under the Indigenous Housing Advisory Service program. It is not a review to put them under the hammer but to, essentially, have a look at what they are doing. If we can do better, then we would expect them to do better. That was conveyed to Eric at that point in time. We have to re-think how we can utilise and maximise the dollar to provide more resources, and consider whether or not there are better linkages in regards to Territory Housing and Tangentyere. They are the things that we have all to sit down with. This is an exercise that will apply to them. That is where we are.
You also mentioned the renal patients at Topsy Smith Hostel. As you know, the Northern Territory Martin Labor government allocated $300 000, I believe, to purchase the property which was next door to the Topsy Smith Hostel. Of course, you would be aware at the moment they are going through the Development Consent Authority process. I do not think it is appropriate for me to comment, but I support your sentiments of providing extra renal accommodation for people who come to Alice Springs.
Equally, I am also pleased to advise that part of the matter that you raised is that Stuart Lodge, finally, has gone out to a selected tender. Initially, there were some problems associated with an overrun of costs - all these costs are rising - but they have been able to pare the project back to its initial budget allocation. They will be providing approximately 33 beds which will, obviously, be for some renal patients but also some for mums, dads and people coming in from out bush to visit hospital. I hope that alleviates some of those issues.
You also asked a question regarding CHIP funding. My understanding is that there are two components to the CHIP funding bucket. Of course, the Northern Territory has received its component of CHIP money from the Commonwealth. That is a total of $17.3m which is with the new IHANT, as a result of the new bilateral agreement. Of course, the other dollars are for municipal-type services which apply to homelands such as Ingkerreke and other similar organisations. That money remains with the Commonwealth, with FaCSIA. I understand that discussions and negotiations are ongoing in trying to incorporate those dollars as part of this new bilateral agreement. There is something like $400m in essential service upgrades. Of course, we just need to be very certain that what we inherit will be suitable in essential service requirements in the smaller homeland-type communities.
The other question which the member for Braitling raised was the capacity or proposal that might allow indigenous people to be able to purchase houses on indigenous land. As you know, that matter is presently under consideration by the Commonwealth government and, of course, this government. That is as a result of the proposed amendments to the Aboriginal Land Rights (Northern Territory) Act. I cannot say precisely what they are going to be, but I know there was some suggestion by, I think Amanda Vanstone was the minister at the time, that there would be some sort of program which allowed IBA to be able to broker loans on indigenous lands. That is a good move; it has some potential.
It is going to be very difficult for a person on CDEP to actually be able to repay that loan. I guess the question to ask is if Indigenous Business Australia is prepared to do it, why not the ANZ Bank? I raise that because I believe it is an interesting development and something which will gain momentum here in the Northern Territory. It will auger well for people being able to have the opportunity to purchase their houses - not in all communities, but in some it will happen. Also, it will be more applicable in commercial or enterprise development. That is certainly is a step in the right direction …
Madam SPEAKER: Minister, your time has expired.
Ms MARTIN: Madam Speaker, I move an extension of time for the minister, pursuant to Standing Order 77.
Motion agreed to.
Mr McADAM: I will be as quick as I possibly can. I have to pay credit to those people who took the time to speak on this very important subject.
The Minister for Regional Development also highlighted the fact he was looking at options in regional economic outcomes. That is something that interests me because, as I mentioned to you earlier, we were looking at having a workshop - not so much a workshop but a forum; it has not been finalised - in June. There is real capacity here in re-badging it under a regional economic model, without taking away the employment and training opportunities for local indigenous people. As the minister said, if you have $254m that has been allocated over three years then, at the very least, we have to take a step back and ask if we can utilise the $250m better? That is the purpose behind this. The member for Macdonnell referred to Central Remote Regional Model, which is building houses and proving reasonably cost effective. Maybe that is one way of looking at it in developing these regional building teams.
The other thing we have to consider is that, if you have $255m, is there any capacity for manufacturing of kit homes, or modular homes in the Northern Territory? I do not believe you should automatically become reliant on the indigenous housing industry. You have to question if there is any capacity to be able to develop this as a manufacturing industry in its own right, and being able to sell those houses, maybe in Western Australia and Queensland. Who knows? I do not know, but at least we have to challenge ourselves and ask if it is possible. It may well be that it could be a joint venture. It could be a partnership with the private sector in the export of these kit homes, or these modular units, into parts of Asia, South-East Asia, India - who knows? All I am saying is that I believe we have to get out of the mould that has been indigenous housing, focus on it, and broaden it out. We have to be able to provide those economic opportunities. As I say, it is not set in concrete, it is just something that we have to think about.
The member for Nelson mentioned a number of issues. I have probably dealt with some of those during the course of deliberations this evening. If I have not, member for Nelson, then we will certainly be responding in writing. The Minister for Health, rightfully so, highlighted the health implications in regard to the housing numbers, the overcrowding, and the resultant diseases, which makes it very hard for our native people in those houses to be able to function effectively in the community. He referred to an environmental health survey which was undertaken in 4000-odd houses. A very high percentage of those are not suitable. They are the sort of things we have to deal with. It is going to take a whole-of-government approach, and I do appreciate the comments from the Minister for Health.
In conclusion, I hope I have not missed anyone. I thank the member for Arnhem for her open and honest assessment. It is important that people like her, in the position that she is in - and also the member for Macdonnell – can provide that open advice to government, so that we as a government, and you as part of that government, can go forward and make significant changes.
The member for Arnhem mentioned the need for housing for indigenous teachers, health workers, and others. As a government, we have to start thinking about that. Whether we factor it into our existing program, or have a look at other options, that is something I am very conscious of and I know that the government is very conscious of. We will work assiduously to provide that support to people who work out in the bush.
Madam Speaker, in conclusion, I thank all the members for their outstanding contributions. As I said, I will respond to you individually for those matters that you have raised, which I have not addressed.
Motion agreed to; statement noted.
TABLED PAPER
Remuneration Tribunal Determination No 1 of 2006 and Report on Salary, Allowances and Other Benefits to Magistrates
Remuneration Tribunal Determination No 1 of 2006 and Report on Salary, Allowances and Other Benefits to Magistrates
Ms MARTIN (Chief Minister): Madam Speaker, I table the remuneration tribunal report on the salary, allowances and other benefits to Magistrates and Determination No.1 of 2006.
MOTION
Print paper - Remuneration Tribunal Determination No 1 of 2006 and Report on Salary, Allowances and Other Benefits to Magistrates
Print paper - Remuneration Tribunal Determination No 1 of 2006 and Report on Salary, Allowances and Other Benefits to Magistrates
Ms MARTIN (Chief Minister): Madam Speaker, I move the report be printed.
Motion agreed to.
MOTION
Note paper - Remuneration Tribunal Determination No 1 of 2006 and Report on Salary, Allowances and Other Benefits to Magistrates
Note paper - Remuneration Tribunal Determination No 1 of 2006 and Report on Salary, Allowances and Other Benefits to Magistrates
Ms MARTIN (Chief Minister): Madam Speaker, under the Remuneration Tribunal Act, the Remuneration Tribunal is required to at least once a year inquire into and determine the salary, allowances and other benefits that persons are entitled to receive in respect of their service as a magistrate appointed under section 4(3) of the Magistrates Act. Any report or determination must be tabled within six sitting days of receipt by the Administrator, and the Assembly has a further 10 sitting days to disallow all or any part of the determination if it so wishes. The tribunal has now handed down its latest report, Determination No 1 of 2006 for magistrates.
In its report, the tribunal deals with a range of issues including salary levels and the possibility of a salary nexus with judges; travelling allowance rates; superannuation; relocation expenses; and extended usage rights in respect of motor vehicles. The accompanying determination sets new salary rates for the various classes of magistrates and also deals with allowances, travel, vehicles, telephones, leave, superannuation and relocation expenses.
It is appropriate that I do not go into any further details at this point, but allow time for members to consider the report.
Madam Speaker, I move that the Assembly take note of the report, and that I have leave to continue my remarks at a later hour.
Leave granted.
Debate adjourned.
ADJOURNMENT
Ms MARTIN (Chief Minister): Madam Speaker, I move that the Assembly do now adjourn.
I would like to pay tribute to a true Territory treasure. Last week, Mayse Young, outback publican, businesswoman, Pine Creek legend, and Territory pioneer, passed away in the town she loved. She was 93 years old. Mayse was a remarkable woman who led a remarkable life.
Pine Creek was Mayse’s home for the best part of 79 years. She came to the Territory in 1927 from Queensland when her family, the Dowlings, bought the Pine Creek Hotel. Despite growing up in outback camps and living in tents all her young life, the move must have been a momentous one for the family, especially for a young teenage girl. Nevertheless, Mayse’s first impression of the Pine Creek Hotel were overwhelmingly positive. The place seemed like a palace to her and she was especially delighted to have a real bed rather than her usual camp stretcher.
This is from her autobiography No Place for a Woman on the hotel:
- It had an atmosphere of hospitality and bush comfort, a haven of shade and cool refreshments; it was in fact a place where good humour and relaxed company could be found to relieve the isolation and heat of the outback.
That good humour and comfort would continue to be a hallmark of the Pine Creek Hotel.
Mayse married Joe Young in 1933 and gave birth to eight children between 1934 and 1952. During this time, she continued to run the Pine Creek Hotel and, later, the Katherine Hotel.
No Place for a Woman is a great read and created a good deal of interest when it was released. The tale of a young and very beautiful woman living and working in a remote outback pub in the Territory back in the 1920s intrigued many Australians. Indeed, Tom Cole, who worked in the buffalo camps in the late 1920s said of Mayse:
- At the time I thought she was most beautiful young woman I had ever seen - everybody loved her.
Mayse was a true Territory pioneer - a woman of the frontier who made this place her home. She survived bouts of malaria and, to quote from her autobiography - she also survived:
- … the heat, dust and floods of the Territory, the Japanese bombs on Darwin during the war and, later, the devastation wrought by Cyclone Tracy.
Mayse Young was a true Territorian; resilient and strong, and Pine Creek was the only place for this remarkable woman. My condolences and, I am sure, the condolences of this House, go out to her family and many friends and wish them all our very best wishes.
I would like to inform the House about the recent success of our annual product road show; the NT Muster. In February of this year, staff from Tourism NT escorted across Australia 36 tourism operator delegates representing 43 different products and services. They attended trade shows and travel expos in Brisbane, Sydney, Melbourne, Adelaide and Perth.
NT Muster is a priceless opportunity for our tourism operators to talk to retail, wholesale and inbound travel agents. Our objective is to educate the national travel industry about what we have on offer here in the Territory, and ensure they have the skills and knowledge to convert interest in our destination into actual sales and visitors. It also gives an exposure to key visitor markets and allows them to meet and brief the travel media. More importantly, our operators have a valuable opportunity to gain market intelligence directly from those people who are actively selling Territory holidays to their clients.
This year, key decision-makers from Channel 9’s Getaway program and Channel 7’s The Great Outdoors also visited the trade show in Sydney to research story ideas for the coming year. I am told they were particularly taken with the Katherine region and left the trade show with a large number of story ideas. Indeed, they believe sufficient interest was generated which will culminate in a substantial number of people making a trip to the area for filming of several story segments. Importantly, other areas have also been targeted for filming including Kakadu, Uluru and Borroloola.
The success of NT Muster 2006 can be gauged by the number of quality trade professionals who visited our tourism operations during the evening trade event. Nearly 700 travel professionals have received valuable product and destination training, representing a 20% increase on last year’s numbers. Tourism operators who attended NT Muster 2006 were universal in their praise for the show. Indeed, Tourism Top End President, Sylvia Wolf, said this year’s Muster was the best she had attended.
This year more than any other, inquiries appear to be more detailed. I believe this shows a genuine desire by agents to be better equipped to sell the Territory to their clients. Encouragingly, feedback from our retail and wholesale trade partners was that they needed good information due to the rising number of consumers wanting travel information for the Territory. This is important, as it demonstrates our success in marketing the Territory to the rest of Australia. There has been an increase in the desire and intention to visit the Territory. An event such as NT Muster will ensure our travel trade partners have the knowledge and enthusiasm to convert this desire into actual sales. The increase in the numbers of quality trade professionals attending the Muster is indicative of their enthusiasm, understanding and support of our brand development.
In addition to these trade events, three consumer travel expos were held with the specific objective of generating immediate bookings through Territory Discoveries and selective key retail partners. Over 700 consumers visited the two dedicated Northern Territory travel expos held in Brisbane and Sydney. In Melbourne, more than 1000 consumers visited the Northern Territory stand at the Melbourne Holiday and Travel Show. To give you an idea of how successful these expos were, as of last week, around $80 000 worth of bookings and quotes through Territory Discoveries could be directly attributed to these shows.
Surveys have been sent to every agent who attended the NT Muster, as well as to all delegates who took part in the show. Preliminary findings have indicated that the NT Muster is seen as one of the key destination events among our national trade partners and is setting the benchmark for creativity, professionalism and planning.
In the end, the success of the NT Muster comes down to the commitment of our tourism operators and their ability to work together to sell the Territory to the rest of Australia. I would also like to thank David Cox, who is the Manager of Trade and Consumer Services, and his team at Tourism NT for all their hard work in continuing to improve this event each year. I take this opportunity to thank each of the operators involved in the Muster for their hard work. It is in alphabetical order, if the House would bear with me - or if you would rather that I tabled the list.
A member: Table it.
Ms MARTIN: Okay, thank you, I will table that list of our hardworking Territory tourism operators, who range from right around the Northern Territory.
I am also pleased to report that elections for the school leaders - this is electorate-based information - at Stuart Park Primary School and Parap Primary School have been completed and the positions have been filled. At Stuart Park, they recently studied democracy as part of a unit of work, and their school election was a great example of democracy in action. Candidates nominated for election, wrote and delivered speeches, campaigned for votes and waited anxiously for the outcome. I would like to recognise the successful candidates as well as all students who participated in the process.
Stuart Park Primary’s new School Captains are Sally Harding, Bernadette O’Sullivan, Paul Raqiyawa and Bradley Button. House leaders were also elected: for Beagle, Aaron Smith and Annie Piper; Alligator, Asha Nur and Jack McMillan; Moonta, Krista Bridgman and Jordan Williams; and for Sirius, Claire Darben and Ray Riseley. I was lucky enough to attend to award these students with their badges at Stuart Park Primary School’s assembly, which is always a good assembly. I am just amazed when I go to the assembly at how still the students sit. The few hundred who were there - there are about 450 at Stuart Park Primary - sit so quietly and comfortably and enjoy the assemblies. Once the school captains and house leaders are elected, they then take over the running of the assemblies for the year and I am certain they will do a good job.
The day I attended assembly at Stuart Park was Harmony Day. The school received a grant from the Office of Multicultural Affairs to fund their Harmony Day activities, and these included a poetry competition for upper primary students on the theme of Harmony Day, and early childhood students spent the afternoon making friendship banners and chains, tissue paper flowers for friends, Harmony Day cards, dot paintings, as well as painting a mural.
The following students won prizes for their poems: Matthew Button, Madison Williams, Maggie Coggan-Gartlan, Luke Schreurs, Christian Simpson, Zahra Crough-Heaton, Morgan Herlihy, Jessica Bowling, Aaron Smith, Luke Dorwood, Annie Piper, Aleesha Lo, Claire Darben and Aaran Barker. Annie Piper and Claire Darben read their winning poems to the assembly. I was very impressed by their poems, as were the other students - and with their reading of them.
Parap Primary School also recently held elections to choose their student leaders. The students elected their school, house and class student representative council leaders. Under Gayle Cann’s leadership, and with the support of school staff and families, the students worked through the complete electoral processes from nominations to poll declaration. The level of understanding and maturity displayed by the students was described as being remarkable.
I offer my congratulations to all candidates and the students who were elected to office. The school captains are Hannah Cox and Ryan Davis; vice captains, Shari Fuller and Matthew Zarimis. The executive officers are Allicia Cann and Sasha Hanton. House captains for Hudson are captains Sean Hutton and Yuliana Pascoe, vice captains, Dylan Jessop and Jessica Blakey. House captains for Smith are Matthew Zarimis and Allicia Cann, vice captains, Sam West and Antonia Dinoris. House captains for Shears are Hannah Cox and Marcus Gray, vice captains, Connie Marcroft and Kelly Bertei. For Bennet House, the captains were Ryan Davis and Jamilah Allen, vice captains, Kevin Williams-Besy and Tasia Twigg. Congratulations to all of the newly elected school leaders and the best of luck for the year ahead.
Ms CARNEY (Opposition Leader): Mr Acting Deputy Speaker, tonight I will do something I should have done during the last parliamentary sittings; however, for a number of reasons it was not possible. Members will recall during the last parliamentary sittings that there was the launch in one of the lounges on the fourth floor of the book by Peter and Sheila Forrest about Bernie and Aileen Kilgariff called They Started Something. I have to confess that, since the last sittings, I have thoroughly read both volumes of this outstanding publication. I will unashamedly be quoting extracts of the book. I might not always formally, as I usually do, acknowledge the quotations. However, this book is so good, in my view, the whole thing should be read onto the Parliamentary Record. However, there are time constraints.
I wanted to place on the Parliamentary Record some of the contents of the book. In that respect, I am really referring to parts of Volume 2 in particular. The reason for that might seem obvious to some; that is, it refers to much of Bernie Kilgariff’s political career. Of course, all of us here in the Chamber have an interest in politics. I am from Alice Springs; I, therefore, have an interest in all politicians from Alice Springs. I am a member of the CLP; I consequently have a great deal of interest when it comes to politicians from Alice Springs who are members of the CLP.
There is no doubt that Bernie Kilgariff has played a significant role in the development of the Northern Territory over many years. I know that most members of this Assembly know Bernie Kilgariff and, indeed, many met with him when he and Aileen were in the Speaker’s Office during the last sittings.
The publication by Peter and Sheila Forrest will stand forever as a testament to Bern’s contribution. It is widely considered and known to be significant; however, the fact that a book has now been published, of and in itself, bears testimony to the outstanding nature of his contribution and, indeed, the contribution of Aileen as well. As a couple and a partnership, they both have made a significant contribution to the development of the Northern Territory.
In the book, Bernie recalls his early days in Alice Springs when:
- … there was a bitumen road, we were being overtaken by suburbia and we could see that eventually the farm would have to end.
That is a description of Alice Springs, probably 50 or 60 years ago.
At that time, Bern had an idea to build a motel, something relatively new in Alice Springs. In 1959, he built a block of units known as the Oasis Motel. The motel started first with a block of 10 units in 1959 and ended up being 144 units at the end when the Kilgariffs sold it in 1985. The motel, naturally enough, led to other ventures with the well-known Kilgariff trademark, including the Oasis Motel restaurant, the Oasis Service Station and the development of what is known as the Shell Mt Gillen Service Station, later selling out in 1980. Of course, there are also the squash courts, which were built on Gap Road next to the Oasis complex. The development of the Oasis and new accommodation business made a tremendous difference to Alice Springs.
Bern and Aileen are rightly included on any list that anyone can produce of pioneers in Central Australian tourism. Indeed, they are considered the forefathers in Central Australian tourism, not just for their endeavours when it came to the Oasis Motel, but for the passion and vision they both had for the future of Alice Springs.
One example of that is Bern’s contribution to the Central Australian Travel Association. Bern joined that just a few months after it was started, and was at the first meeting of directors when the Central Australian Travel Association became a company in late 1961. Bern served as a director until March 1976 - a significant contribution, both in its longevity and substance. In the 1970s, Bern was so busy that Aileen became an alternative director of the Central Australian Travel Association, and her contributions, as well, were extremely valued by everyone. By this stage, the Northern Territory Tourist Board had taken over the Central Australian Travel Association’s general promotional role, but it remained an active operational company.
That is just a snapshot of one aspect of the Kilgariff’s life and their contribution to the town I now call home. Another important and, yet, very different one is their contribution - and Bern’s contribution in particular - to the growth and development of housing in the Northern Territory. Bern served on the Northern Territory Housing Commission as a member from 1959 to 1972 and was chairman from 1967 until his retirement from the commission in 1972 - once again, a contribution that was lengthy as well as substantial. The emphasis at that time for the Northern Territory Housing Commission was that of providing well-designed, comfortable housing for low-income earners. Bern Kilgariff did everything he could to ensure that such housing was, in fact, provided. What he did not know during his later years on the commission was that it served as a precursor to his role in the Northern Territory Legislative Council.
Bern’s public life began in April 1960 with the Legislative Council of the Northern Territory assembled for the first sitting of the Seventh Council. Bern Kilgariff was sworn into membership of the Council in April 1960, beginning what can only be described as a remarkable 27-year career in representative politics. His career included prominent membership of a group of Legislative Councillors who strove strongly and successfully for the Territory’s constitutional advancement. They are entitled to be called the Northern Territory’s founding fathers.
Membership of the Territory’s first embryonic Cabinet, the Executive Council, was also an honour Bern Kilgariff held. It was a foundational role in the creation of the Country Liberal Party. Bern was elected as the first Speaker of the first fully-elected Legislative Assembly; and was Deputy Leader of the majority party in the Assembly. The more I look at this book; the list just goes on and on and on.
It seems to me that many people new to the Northern Territory know that Bern Kilgariff played a significant role, not only in our constitutional development in addition to his role in the Legislative Assembly, but that they do not always know that he was a Senator. In fact, Bern Kilgariff, was a Senator for the Northern Territory for a significant amount of time. Importantly, during his 27 years of public service as a politician, he never lost an election - an extraordinary milestone on any analysis.
The biography of Peter and Sheila Forrest is significant because it provides an important history of politics in the Northern Territory. It recalls a significant change in the Council with the appointment of three non-official members; Bern Kilgariff being one of them in 1960. At that time, it was the case that the Menzies government was in government in Canberra and they envisaged that the three appointed non-official members would be obliged to the government which appointed them. It was certainly not envisaged that they might align with the elected members at that time. At the outset, the three appointees, one of whom was Bern Kilgariff, made it clear that their votes could not be taken for granted by either the official government members or by the block of elected members who usually combined to create an opposition, bringing with them a new equation to Legislative Council proceedings.
Of those years, Bern says – and I do quote now formally from the biography:
- None of us had gone into Territory politics for the money. All we got was a very small sitting fee and allowances which didn’t go anywhere near meeting the actual costs of travel and accommodation. We all did it because of the dream we had that one day the Territory might achieve constitutional equality with the rest of Australia.
A dream not yet realised; a cause of concern to all of us.
Bern’s membership of the Council through the last 14 years of its existence from the Seventh Council in 1960 through to last in 1974 when the Council was replaced by the fully-elected Legislative Assembly, were characterised by enormous progress in the Northern Territory, widely considered to be the most dynamic years in the Territory’s history.
In 1968, the Council’s composition changed when the three non-official members were replaced by elected members. In the consequent elections of the same year, Bern stood for election to the Council for the seat of Alice Springs. He comfortably won. He was endorsed by the Country Party and campaigned on the slogan, ‘A Centralian for the Centre - put Kilgariff back in the Council’. Bern was now a member of the Country Party formed in Central Australia in 1966, to support the campaign for the election of Sam Calder to the House of Representatives. Bern was instrumental in that party’s formation and in its subsequent evolution into the Country Liberal Party.
It was in 1973, with a fully-elected Legislative Assembly in prospect, the discussions began between the Country and Liberal Parties in the Territory with a view to a fusion to create a single non-Labor party. These discussions were put on a formal basis from September 1973, with a working group comprising senior figures from both sides being formed. In July 1974, the newly-merged Country Liberal Party of the Northern Territory was launched at an inaugural conference held in Alice Springs, which remains a great strength for the Country Liberal Party.
The CLP then went on for the next quarter of a century to become the most successful political party in this country’s history, having held government for such a significant amount of time. In November 1974, Bern was sworn in as Speaker of the Northern Territory’s new fully-elected Legislative Assembly. It was the Assembly’s first sitting day after the election in October of that year, an election which resulted in the CLP capturing 17 of the Assembly’s 19 seats.
Bern resigned as Speaker in 1975 when he was endorsed to run for the Senate, which he knew would amount to being an ambassador for the Northern Territory in Canberra - a role I am sure is continued to be understood by subsequent Territory politicians on both sides of politics. Bern Kilgariff spent 12 years in the Senate and, during that time, served on a host of committees and delegations. In addition, he was the deputy government Whip, then government Whip, for a significant number of years. It can be said that few parliamentarians have ever contributed so fully to their parliament and few electorates have ever been so vigorously served by a politician. That politician was Bern Kilgariff.
In June 1987, Bern attended his last sittings as a Senator, and it was his last day of 27 years of service in the Territory and federal parliaments. He is admired by, I believe, all Territorians on both sides of the political fence and everywhere in between. He is admired as being totally committed to the Territory; he always put the Territory first. Over and above that, he has a large family and a circle of friends which I think is probably bigger than all 25 members of this Assembly.
I know Bern Kilgariff well and have enormous respect for him and Aileen. I see them regularly. I am very proud to say that they are my friends. I admire anyone who makes a significant contribution to the place I call home. For my money, I do not think anyone has made a more significant contribution to Alice Springs or, indeed, the Northern Territory. I am very proud to call Bern Kilgariff a friend.
I wish Bern and Aileen the very best for the future. I am sure that they will look forward to receiving various people’s comments about this fine publication.
Mr STIRLING (Nhulunbuy): Mr Deputy Speaker, the first indigenous owned residential subdivision on traditional Aboriginal land was officially opened by our Housing Minister, Elliot McAdam, in early March in Nhulunbuy. Malpi Village Project is owned by the Rirratjingu people through their business arm, Bunuwal Investments Pty Ltd. The $10.2m Malpi Village came together as a partnership between Alcan Gove, Bunuwal Investments and the Northern Territory government. It is a 32 accommodation unit complex, with the Northern Territory government agreeing to lease 13 over the next 15 years. The federal government and Defence are expected to enter a similar agreement. Units will also be available for private rental to industry.
The village derives its name from the late Roy Marika whose Yolngu name, Malpitjingu means honey bee. I congratulate all those involved in this new initiative. My best wishes go to the Rirratjingu people as they progress through this development.
A delightful four-year-old girl from Yirrkala has been called a hero after assisting a teacher in the preschool when she collapsed and passed out for a short time. Siena Stubbs, daughter of Will and Mirrki Stubbs, on instruction from the teacher once she regained consciousness, organised the other children to sit on the mat and, seeking further direction from the teacher, pushed the chair to the other side of the room to the telephone. Unable to reach phone, Siena used her initiative to push another chair which she could climb on and reach the phone. By coincidence, an incoming call came at that moment and they were alerted to the incident. Siena showed great responsibility and leadership in the situation, and I commend her maturity in remaining calm and helpful to her teacher in classmates during the incident. Well done, Siena. I look forward to seeing her develop as an important future leader in the community.
Buku-Larrnggay Mulka Centre at Yirrkala continues to produce outstanding artists with Araluen Maymuru being selected as a finalist in two categories of the 2006 Northern Territory Young Achiever Awards. Araluen creates her own work through lino cuts, etchings and screen prints, which are sold through the on-line gallery she maintains at Yirrkala. Araluen curated both the Gapan Gallery at the Garma Festival and the Galuku Gallery at the Darwin Botanical Gardens during the Darwin Festival. Will Stubbs, the coordinator of the arts centre said that Araluen has been a joy to watch in taking on greater responsibility to achieve excellence in the world of arts practice and management. Araluen is an inspiration to the young people in the Yirrkala area, and I wish her well for the presentation night in Darwin in April, and her future endeavours within the art world.
The Tribute to Territory Women for 2006 included a local woman from Yirrkala, Djapirri Mununggirritj. Djapirri is a very worthy recipient of this award and is commended for leadership and commitment to Yolngu women. Djapirri was educated through her school years by the Yirrkala mission school. On completion of Year 12, she continued with a commercial traineeship at Nabalco. Djapirri then spent 10 years working for YBE, and five years managing Nambara Arts and Crafts. Deciding to be more involved with her people, Djapirri then took up the position of manager at the women’s resources centre at Yirrkala, and has been instrumental in ensuring programs are delivered in a culturally appropriate manner, budgets adhered to, and reporting requirements met.
Djapirri was also instrumental in establishing Yirrkala women’s Night Patrol and coordinates patrol rosters, participates in patrols and liaises with the police. Djapirri was also the first woman vice chair of the Yirrkala Dhanbul Council and is certainly a role mode for men, women and children in her community. I congratulate Djapirri on her great achievement and recognise the strong commitment she has for her people, always striving to address the issues and impact on the Yirrkala community.
Representatives from Gove Peninsula Surf Life Saving Club took all the honours from the recent Northern Territory Surf Life Saving Awards. Tayla Pollard was awarded the Under 17 Junior Life Saver of the Year. Tayla is on the youth committee, spent over 19 hours on active patrol during 2005-06, and assists with running Nippers. She is currently training for the Bronze Medallion. Over the years, Tayla has earned several awards and levels of competency including SRC, Radio Officer and Champion Female SRC.
Hannah Putland was awarded the Under 19 Life Saver of the Year. Hannah is involved in all aspects of the club and was instrumental in the instigation of the youth committee. She has completed over 27 hours of beach patrol, assists at junior development camps and fundraising functions. Hannah already has her Senior First Aid, Advanced Resuscitation, and radio operator’s qualifications. When not on patrol, you will find Hannah giving water safety lessons for the Under 8 and Under 10 members of the club.
Sally Putland, Hannah’s mother, was awarded Volunteer of the Year. Sally is an active member of the club and one of its quiet achievers. She has the Bronze Medallion, Advanced Resuscitation, Senior First Aid Award, and is the club’s assessor for many of its first aid courses. One of her roles is training for use in the application of Defib equipment. She is keen to increase trainer’s profiles, do officials training, and work at retaining cadets in the club. Sally has spent 64 hours on the beach, 75 hours instructing others, and 25 hours conducting examinations. She also does much of the administration work for the club.
Charles Rue was awarded Surf Life Saver of the Year for the NT. Charles exemplifies the Surf Life Saving movement with his commitment and contribution. Over the years, Charles has qualified for the Bronze Medallion, Senior First Aid and Advanced Resuscitation. He fulfils many roles in the club, including IRB driver, patrol captain, assessor and mentoring junior patrol captains. His time on the beach last year included over 72 hours patrol and 50 hours in instruction and development of club members.
Charles has a commitment to junior development, assisting in conducting Bronze Medallion courses and is always visible with organising and coaching both Nippers and Juniors in water activities for Northern Territory and interstate titles. Winning all four awards is a huge achievement for Gove Surf Life Saving, and I congratulate the recipients on their awards. I thank them for their valuable contribution in keeping our community safe on the beach.
Mrs BRAHAM (Braitling): Mr Acting Deputy Speaker, I speak tonight about the petition that has been circulating around Australia – and I am sure members have received it - urging the federal government to declare Herceptin under the Pharmaceutical Benefit Scheme so that women with breast cancer can access it. The HER 2 positive breast cancer is a particularly aggressive one and, at the moment, there are about 2000 women in Australia who are sufferers. Herceptin benefits this particular cancer and significantly reduces the risk of breast cancer reoccurring. Unfortunately, at the moment, it is not under the PBS scheme and it is not available to women who have early HER 2 breast cancer. It is only available to those women who are in the late stages of this particular breast cancer. It means they have already gone through radium treatment, chemical treatment and, yet, they are only allowed to access it through the PBS in the late stages. It seems ironic that women cannot access it in the early stages.
However, they can access it if they pay for it, and this is the very difficult thing. There is a woman in Alice Springs - I am not sure if there is anyone in Darwin - who has decided to pay for it herself. This particular drug has been trialled and has been shown to be very beneficial. The amount used is dependent on your weight. She estimates the cost to her is $75 000. They have used their credit cards to the limit, used up all their savings, put their house and business on the market, and are going to the bank for loans. It is the most difficult choice a woman or a family has to face. Do they, in fact, spend all their life savings to give this mother a chance to recover from this breast cancer?
Perhaps you can understand the push that has been going on Australia-wide to get the federal minister to actually approve this through the Therapeutic Goods Administration. Professor Richard West, who is the Director of the Sydney Breast Cancer Institute, said that this expensive treatment should be available. He said the delay in not subsidising this new breast cancer drug for women is reprehensible. Although the government regulator is fast-tracking the evaluation of the drug, it still has not been approved by the Therapeutic Goods Administration. Even though the firm, Roche, has submitted clinical evidence and the trials were carried out over 12 months ago, we still cannot get a decision out of the TGA. The government, obviously, cannot make a decision until it receives TGA approval. Therefore, we have this terrible delay that is completely unnecessary.
The worst thing is that, if it is approved by the TGA to go onto the PBS, it means that women such as Raelene Treiss in Alice Springs who is paying for this, may not receive retrospective payment. There is no precedent, according to Tony Abbott, the Health minister, to make back-payments to any patient. He said that has never been set before. He is, obviously, indicating that they probably will not pay women who have already outlaid thousands of dollars if it is ever approved.
I hope all members of this House approach their federal members and see if they can push the approval for this Herceptin drug as fast as possible. There are probably other people like Raelene in the Northern Territory who would like the option of using this drug but, unfortunately, cannot afford it. How many people can afford $75 000 for treatment that they feel will give them a greater chance of recovery and the PBS benefit for Herceptin is being denied them? It really is a very sad case for women to have to face this dilemma. I am not quite sure how a family could afford that amount of money. It is a decision they should not have to take; it should be available to them through the PBS as far as I am concerned.
We have tried all sorts of ways to assist Raelene with the cost. I approached the Minister for Health, asking if he could help with a subsidy. For instance, the drug is bought from south and there is a mark-up on it by the suppliers in the Northern Territory. We asked the minister to, perhaps, subsidise that mark-up. If you add all those mark-ups together, of all the phials that are needed, it would come to about $3600, which would be one treatment for Raelene.
It is hard, because there was going to be some fundraising to assist Raelene with this. However, where do you stop and start with or fundraising for this drug. How many other women would then come? There is no way you could raise anywhere near $70 000 for it. I urge all members to think about the consequences of women who do not have the choice of using that drug. It is expensive but it has been proven in trials to be effective. It is something that I believe the federal government should fast-track.
Ms SCRYMGOUR (Arafura): Mr Acting Deputy Speaker, I pay tribute to a Territorian who contributed an enormous amount to the cultural life of us all. Dr Colin Jack-Hinton, the inaugural Director of the Museum of Arts and Sciences, passed away last Wednesday in New Zealand. His funeral was held this afternoon in New Zealand. Perhaps it was the fervently independent highland Scots from his mother’s side, but for one brought up in an ecclesiastical household, his life was to be far from conventional, ranging from the military to academic life, from accusations of being a spy to dogged battles with government and bureaucracy in pursuit of Aboriginal rights, close links with South-East Asia and the Pacific, and the environmental protection that were far from popular at the time. Somewhere in between all that, he managed to establish the Northern Territory Museum and Art Gallery, organise international boat races, learn six languages, and write scores of books and papers.
Colin Jack-Hinton was born 1 January 1933 in the village of Newchurch on the border of Lancashire and Yorkshire. He had an ordinary education at church elementary and grammar schools, bolstered by extensive reading, especially about Africa and, through his child’s eyes, the exotic east. He remembered spending much of the war years in the cellar avoiding German bombing raids. It included a vivid memory one night of being taken out by his ARP Warden father to witness the distant glow of the fire bombing of Coventry, Manchester, Birmingham and Liverpool. He developed, ‘like most highland Scots, a theological mind - you know, not so much religion but about reality of what life is all about’.
To escape the kinds of professional career expected of him, he joined the Army at 18, serving until 1953 with the Gordon Highlanders, including time as a lieutenant during the Malayan Emergency. It was to be a pivotal experience. ‘Having gone to Malaya, that had really buggered me’, he said, ‘for life because I was so fascinated by the East that it was a complete changing part in my life’.
After second-class honours in History and Politics at King’s College, University of Aberdeen, Jack-Hinton joined the Overseas Civil Service and was posted to Malaita in the Solomon Islands from 1957 to 1959, and as Assistant Secretary to the Western Pacific High Commission. Although he served as a political officer, magistrate and community and agricultural development officer, he was hardly your usual colonial hack. Apart from the politics he never abandoned - and he said: ‘By the time I was 15, I was a dedicated communist. Thank God, the army never discovered that, subsequently, and I fortunately never joined anything’ - there was a growing fascination and engagement with the peoples of the Pacific and South-East Asia. He was subsequently to publish a PhD research on the Solomons, and between 1959 to 1962, joined the Department of Pacific History at the ANU, researching Portuguese maritime expansion from the 16th century.
Now married with two daughters, Jack-Hinton’s life during the 1970s was that of a roving academic, travelling and researching widely in the Pacific and as far a field as Portugal. A stint employed at the University of Singapore from 1962 to 1965 teaching and supervising archaeological sites in the Malaysian Peninsula was brought short. Caught between the paranoia of Lee Kwan Yu and the rise of Sukarno, the tension of konfrontasi led to threats of charges of spying for the British - which he denied - and a quick exit, this time to the Western Australian Museum.
From 1965 to 1969, he worked on Australia’s first professional maritime archaeological projects, retrieving, restoring and displaying Dutch East Indies shipwrecks including early works on the Gilt Dragon, and establishment of the Fremantle Maritime Museum. It was from this experience he garnered the unofficial title of the ‘father of marine archaeology’ in Australia; largely, he said, ‘because no one else had done it before’.
His appointment as inaugural Director of the Northern Territory Museum of Arts and Sciences in 1970 was an inspired choice and followed recommendations urging the establishment of the museum in Darwin at a 1968 conference on prehistoric monuments and antiquities in Australia. However, like so many approaches to the Northern Territory, Jack-Hinton described it as a ‘colony of Canberra’. On many occasions - everything was to be done on a shoestring - his initial operational and collections budget was $3000. Trained by the British Colonial Service, it was a game of poacher turned gamekeeper, as Jack-Hinton was to prove an adept and diligent scrounger of resources locally as well as for his colonial Canberra masters. It was aided by a studied indifference to the bureaucracy. He said: ‘Rules are, in my opinion, created usually by idiots to be administered by idiots and avoided by those who knew what they were doing’.
The initial collection was almost non-existent and was housed in the decaying shell of the old Palmerston Town Hall. Lacking a vehicle, he bought a four-wheel drive and sent the bill to Canberra, much to the horror of the local bureaucrats. Almost certainly illegally, he insured the building and its contents in the name of the museum board - something that was to prove a prescient move. Cyclone Tracy destroyed the building and much of the collection; the insurance pay-out helped rebuild the collection.
Just as importantly, he adopted a ‘boots and all’ approach to the museum and its collection, identifying from the first six months of his tenure the focus of the nation’s only museum in the tropics. Citing its proximity to South-East Asia - Darwin was ‘a South-East Asian city as much as an Australian city in a geographical and …cultural sense’ - a major focus was taken on the art and material culture of the region.
For reasons which now seem obvious but virtually unheard of at the time, Aboriginal arts in northern and Central Australia was to occupy a central role for the museum. Uniquely, for the first time, he recognised the importance of this element of the collection as ‘more than obvious to the Aboriginals themselves … in preserving and regenerating a necessary pride of interest in his own past on the part of an Aborigine … in these dramatic times of cultural change’.
He launched into extensive field trips for the collection on the Tiwi Islands, Gunbalanya and Maningrida, often accompanied by rock art specialist, George Chaloupka. In his turn, Chaloupka, with strong encouragement from Jack-Hinton, began the task of recording over 2000 rock art sites, as well as early work on recording sacred sites - a task taken on a decade later by the Sacred Sites Authority. As an important footnote to the history of central desert art, Jack-Hinton signed off on the delivery of the first three consignments of painted boards from Papunya. Early in the piece, Jack-Hinton realised there was little point in collecting the works of famous European artists. It was not just a matter of prohibitive costs, it was also an issue of the museum’s art collection representing the Northern Territory to the world in ways its indigenous holdings could not.
Between 1980 and 1991, as part of the joint inspiration with internationally respected Australian artists, Frank Hodgkinson, Jack-Hinton hosted an annual artists’ camp in Kakadu. It was not an attempt to establish a 20th century answer to Heidelberg School - far from it – it was an era too far and the artists involved were far too diverse for that. It was to be work inspired by Northern Australia. Led by Hodgkinson for the first half dozen years, the artists’ camp included Clifton Pugh, John Firth-Smith, David Aspden, Tim Storrier and Colin Lancley in the first four years, followed by many others in the succeeding seven including artists from Malaysia, the United Kingdom and Canada. Annual group or one-person shows followed each year and, while some works were required for the museum, many more formed a tradition of donations from artists to the permanent collection.
It was the museum he lived for. Partly as a result of federal finds for rebuilding, partly from the pay-out from his barely-legal Cyclone Tracy insurance payout, mostly by lobbying, Jack-Hinton achieved the seemingly impossible in 1981 with the construction of the museum at Bullocky Point. After initial hostile relations with the then Chief Minister, Paul Everingham, he eventually succeeded in overseeing the opening in September 1981 of the Bullocky Point museum. In celebrating its 25th anniversary later this year, we will not forget Jack-Hinton’s contribution.
Most people who go in for collecting go for small things like stamps or antique pots. With typical extravagance of form and style, Colin Jack-Hinton collected boats - of all shapes and sizes. While doing everything else, Jack-Hinton was quietly collecting his beloved boatshed and what was to become, over time, the Maritime Gallery of the Museum and Art Gallery of the Northern Territory.
With the certain knowledge that the immediate region of south-east eastern Indonesia represented one of the richest traditions of wooden sea-going craft in the world, Colin Jack-Hinton spent 20 years steadily accumulating the collection that, even today, overflows the Maritime Gallery at Bullocky Point. They include everything for fishing boats to boats used by refugees to reach our northern shores.
The Australian Customs Services were a constant target. A new boat would turn up and he would be down there. ‘Yes, Colin, we have been waiting for you’, he would be greeted, with a chance to acquire the latest seizure for the museum. This collection of boats would, ultimately, form the basis of the superb maritime collection at the museum at Bullocky Point which was finally built in 1992. Prior to that, much of it had been stored in the old Parap Picture Theatre.
I have said that Colin Jack-Hinton was a constant resistor of government interference and he said:
- I always felt that I was never really part of government. I have always felt myself as being the museum, in a sense agin government because, unless government was on my side and helping, then I was agin them because they were agin me.
He was to face this in spades in the early 1990s in many ways, especially after the former member for Katherine, Mike Reed, became the Arts minister. In a sense, the culture wars that were played out a decade later in the rest of the nation were played out here in the Territory. The then government sought to remake Jack-Hinton’s vision of a museum and art gallery as an institution that would represent ideas of indigenous and South-East Asian connections, and replace it with a narrow folk museum of the pastoral industry and colonial conquest. Reed stacked the board with the specific intent of removing Colin Jack-Hinton and he, ultimately, achieved Jack-Hinton’s resignation in 1993. The then Arts minister ran an unprincipled campaign of innuendo which he intensified during the period Jack-Hinton was on a well-deserved and long overdue sabbatical. It was something of a tragedy, but one that Jack-Hinton bore with very little apparent ill will - certainly towards his fellow Territorians, no matter what he thought of politicians.
Since then, Colin Jack-Hinton has worked for the myriad of institutions in South-East Asia in areas of museum and marine archaeology. As recently as 2004, he was attending meetings of the Australasian Institute for Marine Archaeology.
George Chaloupka, his collaborator of 35 years, today praised Colin Jack-Hinton. He thanked Colin for allowing him the academic freedom back in the 1970s to give evidence in the Ranger inquiry on behalf of Aboriginal people. Just as importantly, he praised his support for the staff he chose to work with him: ‘He gave us the tools to do the job and then he told us to go ahead and do it’.
In a sense, that sums up Jack-Hinton’s life. In an extraordinary life, he acquired the tools to do an amazing job. He did it for all of us. His contribution and recognition of what he achieved will only gain greater reputation over time. I suspect, had I been the minister for the museum during the term of Colin Jack-Hinton’s tenure, I would have faced a heap of challenges. However, it would have been an incredibly interesting ride and I pay tribute to what he achieved.
Of course, I am acutely aware that his early work took place on the Tiwi Islands, Gunbalanya and Maningrida, not to mention Kakadu - all of which are in my electorate of Arafura. I also pay tribute to Colin Jack-Hinton on behalf of my constituents.
Mr MILLS (Blain): Mr Acting Deputy Speaker, I make my comments initially to call upon the minister for education to explain why he has not acted decisively or swiftly to employ the powers that he has as the minister for Education with regards to the student who threatened to kill a teacher with a knife in a primary school recently. The minister has the power to act decisively. The power is granted in section 28(1) of the Education Act, which states:
Where the minister considers it necessary in the interest of other children attending a government school, the minister may expel a child from the school at which the child is enrolled.
I call for an explanation because, in this section of the act, it describes that this is an action that can be taken by the minister when considered necessary. I argue that it is necessary, and I will attend to that argument.
The reason we must act swiftly and decisively in such matters is because, if we delay, it sends a confusing message to students and their families, and it leaves teachers exposed. When respect for very basic values is violently challenged in the face of young people and students, swift and decisive action must ensue in order to maintain law and order. Most of us would reflect that there was a time when it was shocking for a student to swear or even backchat a teacher. In the past few days, we have had to consider what to make of reports of hundreds of drunken youths attacking police, stoning their vehicles - uninvited, unwelcome guests at a function - and police having to provide protection for ambulance workers who were there to deliver aid to young people. How far have we travelled? What is happening in our community? Then, in the same period, we learn of a primary student threatening to kill a teacher.
This is not a time for the faint-hearted, because our society demands clear and swift response. Government and us as community leaders must understand that fair but firm measures are required to establish a respect for the values and principles that hold our society together. Do not make a mistake. We can easily be distracted by the need of the individual concerned, and provide explanations and deeper understanding as to why someone would do something like that. That is a separate matter and it needs full attention. However, the more important issue is to maintain respect for the values and principles that hold our whole society together. A school is a very important place where those principles, if protected, can result in a tone and quality within a school community that is palpable. People can tell when a school has a sense of order and structure, when a violation is met with strongly and swiftly by the principal. It sends a message to all the others, they will know: ‘we are safe, this is a secure environment’.
There is a confusing response when people learn that a student threatened a teacher with a knife, and threatened to kill. It is little wonder that the number of observers, including the families, are perplexed and troubled by the response.
I urge the minister to reflect upon the need to provide swift action, to provide security in our school environment - not security in a physical sense, but the underlying security in respect for the principles and values that hold our society together. If you respond ambiguously, as I believe has been the case in this instance when the student threatened a teacher with a knife, it diminishes respect for law and it fosters disorder. A tough love approach must be employed in the interests of all other Territory students. Like it or not, parents are accountable for their children’s actions. In this instance, the actions of government and community leaders either strengthen or diminish this fact.
The truth is that many parents find it enormously difficult, for lots of reasons, to accept the weight of responsibility of parenthood. That is precisely where support needs to be delivered. We cannot escape the fact that a parent is responsible. If we start to remove that responsibility from them and provide them with excuses and covering, we disempower them from the very essence of the solution to any problem. It does not exempt us from providing support where it is required, but the support must first be a reinforcement of the principle that a parent is responsible. If a parent is in need, then we supply that need to that point. However, first we must act decisively and without a faint heart, knowing that this is love in action. To speak strongly and clearly and decisively in the presence of a school community, in this instance, establishes order.
I take this opportunity to place on the Parliamentary Record some correspondence I have received recently from people with regard to the Education Department. It is troubling to not allow this debate to enter the most critical of areas; that is, the very quality, nature and tone of the curriculum. We are being required to take a leap of faith based on an assertion ‘do not worry, education standards will improve’. Those who have experience in education are not so confident that education standards will improve. We need further evidence of that.
Anyone who has done any reading or research can confidently say there is little research that supports the proposition that educational standards do improve conclusively. There are some minor improvements with a change of delivery or a style of approach, but significant improvement is not verified by research. If we look internationally and compare education systems, we find that the Australian system has been locked in a particular holding pattern since the 1980s. Unless we start to assess the foundations of our curriculum and our education system, we cannot hope for significant improvement in educational standards.
These comments are starting to be reflected around our community. It is a good thing that people start to think a little deeper about education. Sadly, it is probably a little more than the NT News can bear, running articles of a more weighty nature. The tone of the consultation and the pace at which it has been conducted does not allow time to discuss the more weighty issues, so I take this opportunity to place on the record a letter that was written to the editor but, up to this point, has not been published. It is in response to the NT News Editorial on Monday which said: ‘Middle schooling is in the best interest of all children’.
Jo Vandermark commenced by saying:
- Middle schooling is in the best interest of SOME children, not ALL … Why do we still think that equality means subjecting all children to exactly the same educational experience? Why don’t we learn from the experience of the past?
Victoria once had an excellent network of Junior Technical Colleges. Then the decision was made that all secondary schools had to become comprehensive high schools, irrespective of the differing needs of the students. The result? Alienated students and a work force desperately short of skilled trades people.
New South Wales withstood the abuse of ‘elitism’ and retained its selective high schools alongside its comprehensive schools. The result? The selective high schools not only compete with the private schools in HSC results, they outperform them, with the consequence that working class and migrant children have the chance to gain entry to highly competitive university courses and top professions.
The NT needs high performance schools like Casuarina Secondary College and Darwin High School to enable our academic students to successfully compete for highly contested places at top Australian universities, to avoid driving them into the private school system as has happened in states like Victoria.
Yes, some students benefit from the Middle School model, so by all means provide Middle Schools, but, for other students, this primary school model of generalist teachers and integrated curricula does not meet their need. Academic students require the sequential, cumulative rigour of specialist subjects with teachers who have university degrees in the subjects they are teaching.
To ensure equality of opportunity, we need a diversity of schools to cater for a diversity of students. Ludmilla fulfills a special niche, meeting the needs of the indigenous students from Bagot community as well as the special needs of the transient Defence Force children. The school’s success in this was recognised recently at the National Awards for Quality Schooling presentations in Canberra.
One size does not fit all. Let’s celebrate diversity instead of imposing uniformity.
Well done, Jo. Further to that, the aspect of those schools that allow a focus on academic rigour are important, as are the other schools. We need to have, clearly defined, the alternative pathway with the technical colleges. These sorts of discussions we are not able to have. We are talking more about a ‘let us have a one size fits all’.
I cannot resist in just having this as an e-mail and filing it away. I had this response from a friend who spoke to me of his feelings about this issue. It is only a paragraph, but it is so well crafted that I believe it should live in the Parliamentary Record forever. I will not say who the author of this is because I do not have his permission. These are his words:
- How can the minister justify reorganisation of schools, with an inevitable disruption when he has missed the point: you do not educate with physical structures, but by the interaction of children and teachers, parents and the community. The minister’s case has not been made-out. His approach is like nailing an edict in jelly to a tree, saying, go to the schools of our choice, not yours, and you will be educated better. It is a sad ministerial curriculum of failure without far more time, effort, true consultation and a more pertinent area of education. Pity the Territory ed system.
Mr Acting Deputy Speaker, on that note, I will leave time for others to make their contributions. I hope that the deeper issues undermining this debate are given time to be properly considered. It is a very important time; critical decisions are going to be made. There is a lot of material that needs to be weighed and assessed in a timely manner before we embark on a decision that will affect generations to come.
Mrs AAGAARD (Nightcliff): Mr Acting Deputy Speaker, tonight I would like to, once again, draw the attention of the House to the generosity, vision and sheer inspiration of Mr Tony Milhinhos, a long-term Nightcliff resident and the owner of the Nightcliff Woolworths complex.
Several years ago, I awarded Mr Milhinhos the Nightcliff Citizen of the Year Award for his generosity of spirit and philanthropy. Since that time, he has gone onto much greater heights becoming the Senior Territorian of the Year last year and, more recently, the Senior Australian of the Year. Whilst this recognition is, indeed, high commendation, it is clearly not what motivates Mr Milhinhos. He has exhibited quiet generosity for many years and his good works have only recently come to light through others. Nevertheless, the recognition he has received delights me as, in my eyes, Mr Milhinhos is truly a hero and his good deeds can be an inspiration for us all.
When I first told Mr Milhinhos that I was going to mention him in this Chamber in 2004, he urged me to talk about Autism NT. Tony had only recently come to understand what a challenging condition autism can be for children and their parents, and he had decided he wanted to help. Since that time, Tony has provided free office space to Autism NT at his shopping complex in Nightcliff. The office was opened in May last year and now provides an organisational centre for Autism NT, and a place where people affected by autism can go to seek help and understand, and to access resources. Perhaps even more inspiring than his gift of office space, is Mr Milhinhos’s decision to donate 100% of the profits from his business CTM Refrigeration to Autism NT.
CTM Refrigeration is a home-grown Territory business that designs and constructs commercial coolrooms, refrigerators and airconditioners. I am told they presently build about half the commercial coolrooms and freezers in the Territory; so they are no small operation. CTM’s General Manager is Roy Kingham. Mr Kingham was recruited to head up the business because he has knowledge of both refrigeration and of charities, having previously worked for five years at RSPCA NT. He said the staff of CTM are thrilled to have the opportunity, through Mr Milhinhos, to be working for a business that is helping out some of the Territory’s less fortunate children. Mr Kingham said he knows of no other similar situation in Australia where an entrepreneur has dedicated 100% of a business’s profits to the ongoing support a single charity. Once again, Tony appears to be leading the way in corporate philanthropy and I hope his groundbreaking example is noted by others in the business world.
Whilst the amount of money that Mr Milhinhos has committed to Autism NT is truly significant, Alison Bird - who was originally a volunteer and is now Autism NT’s Executive Officer following Mr Milhinhos’s boost to the organisation - gives thanks for something else; that is, Mr Milhinhos’s understanding. What really touches Alison is the fact that someone who is not immediately affected by autism has the compassion to feel for those who are. She explains that Tony knew very little about the difficulties experienced by the parents of children with autism but, when it was explained to him, he was deeply effected. According to Alison, such sympathy and understanding from the wider community is not always there and this, as much as anything, is what she is grateful to Mr Milhinhos for.
On a more practical level, Alison Bird explains that Tony’s support has enabled a struggling but committed group of concerned parents and professionals to consolidate as an organisation and plan for the future. Autism NT has about 140 members, three-quarters of whom are parents, and about a quarter of whom are health professionals. Alison estimates that there are about 230 children in the NT on the ‘autism spectrum’. Autism NT now offers these parents, health professionals and children a real framework in which to build the support structures, understanding and services they need.
Whilst this speech is in praise of Tony, I am sure that Tony would not like anyone to be under the impression that he has provided a single-handed solution to the challenges of autism in the NT. Far from it. He would be keen to point out that this challenge, like so many others facing us, is bigger than any one person. Tony would point to the family that supports him, especially his wonderful wife, Linda, and daughters. He would also point to the staff of Autism NT, Alison Bird and Pam Young, and to those on the board: Alex Shepherd, Donna Cubillo, Jenny Dignam, Paula Callaghan, Craig Callaghan, Karen Maher, Pam Young and Mike Taylor. He would point to the employees in his businesses and to the customers who support them. Finally, Tony would point to you and me and to all his fellow Territorians.
Perhaps more than anything else, this is what Tony would like to spring from the publicity that his example has generated: a heightened sense of community and of sharing across all spheres of life and from every section of society. He would certainly urge us all to ask ourselves what we could do to help the cause of Autism NT or, perhaps, some other charity.
I also commend the Royal Life Saving Society of Australia NT Branch on the recent launch of the Keep Watch Ambassadors program. The Royal Life Saving Society of Australia is a non-profit volunteer community service organisation that has championed water safety in Australia for over 100 years. Whilst Surf Life Saving Australia takes responsibility for safety on ocean beaches, the Royal Life Saving Society is the principal organisation responsible for the safety on inland waters, in swimming pools and the like. The Royal Life Saving Society’s mission is to prevent the loss of life and injury to the community with an emphasis on the aquatic environment.
The Royal Life Saving Society was originally based on a British model. However, since the 1950s, it has evolved to suit our unique Australian conditions. Today, it leads the way in innovative approaches to water safety training and education.
Despite only being a small branch, Royal Life Saving NT is active. They train swimming instructors, run life saving courses, work with local schools and have a remote pools officer, Mr Mark FitzSimons who, in 2005, clocked up more than 20 000 km visiting the Territory’s more remote communities and instructing them in pool safety.
When we consider the special place that water sports and recreation occupy in the lives of so many Australians and, particularly Territorians, it is not difficult to appreciate the importance of the work done by the Royal Life Saving Society. Nothing underlies this importance more starkly than the disturbing fact that drowning is the No 1 cause of preventable death for children under the age of five in Australia; that, on average, one child dies every week somewhere in Australia due to preventable drowning; and that for each child who drowns, there are at least three near-drownings that require hospitalisation. This is the darker side of Australia’s love affair with the water and one which the Royal Life Saving Society of Australia’s NT Branch is working hard to overcome.
One way that they are doing this is through their Keep Watch program. The Keep Watch program seeks to raise awareness of the need for careful supervision of babies and children around water. Royal Life Saving Society produces Keep Watch education material such as fridge magnets and information sheets in a variety of languages, and has an excellent web site at www.keepwatch.com.au, dedicated to increasing knowledge about how to keep our children safe.
Royal Life Saving Society’s most recent initiative has been the launch of the Keep Watch Ambassadors program. I was very proud to host the launch of this program at Parliament House on 20 February in my role as Speaker. Many of my colleagues from around the Chamber attended the launch, and I understand every member of this Chamber has now become a Territory Keep Watch Ambassador. Congratulations to all members for doing that. Recruiting all the Territory’s MLAs to this cause is a tremendous result for the Royal Life Saving NT staff and their board. I would like to acknowledge those staff - Natasha Fyles, Floss Roberts, Leah Cullen, Jacqui Dobson, Fiona Smith and Mark Simons. The board members are: Randall Cook, Kim Clark, Petina Franklin, Kath Midgley, Jacqueline Clark and Corrine Warhurst. Rob Bradley, the National CEO of Royal Life Saving, and Julie Bower, former National Communications Manager also worked on development of the project. These people’s efforts to safeguard Territory toddlers from preventable harm deserve high commendation. I am sure that all members, as newly-appointed Territory Keep Watch Ambassadors, share my appreciation of the Royal Life Saving Association and the great work they continue to do in the Northern Territory.
I also recognise those young Territorians within the Nightcliff community who have recently been elected as school captains, house captains and SRC representatives in schools in my electorate. Our youth are the greatest expression of Territorians hopes and ambitions for the future, and I am inspired by those amongst them who show the courage and willingness to lead and represent their peers. They are contributing to the strength and wellbeing of their community and deserve our encouragement and support.
Mr Acting Deputy Speaker, I seek leave to have the names of these students incorporated in the Hansard.
Leave granted.
Nightcliff High School:
- School captains: Billy Bouwer, Sophie Henry, Bianca Scrymgour and Michael Tsounias
- SRC members: Billy Bouwer, Sophie Henry, Bianca Scrymgour, Ciewen Taft, Phillip Kappen, Delinda Grant, Keresi Motonicocoka, Shannyce Brabham, Jessica Sargio, Jessica Nicholson, Sam Wauchop, Megan White, Diep Cao, Elise Moran, Lorna Talbot, Isabel Bruekers, Kelise Hampson, Emma McBride, Christopher Neale, Theresa Paterson, and David Creeper.
Essington School:
Year 10 school captains: Kaitlin Golz and Hayden Meyers. Vice captains: Adele Swann and Olivia Meyers.
SRC members: Matthew Owen, Jazzy Hyde, Arthur Huang, Georgie Cleveland, Rory Turner, Caroline Sofatzis, Alec Doogsell, Ruby Donohoe, Jake Syme, Alexandra Presswell, Braeden Hood, Hannah Grant, Dylan Lawrence, Natasha Woodward, Gabriel Haines, Jack Dowd, Bridgette Primmer, Oliver Hill, Stevie Nibbs, Elinor Johnson Leek, Daniel Decurtins, Sam Short, Anna Warner-Collins, Michael Roussos, Grace Haliwell, Jordan Meyers, Alexandra Gregory, Ruby Josif, Yianni Glynatsis, Travis Ryland, Kate Dowd, Courtney Knowler, Freddie Webb, Elliott Hoffmann, and Asha Miller.
Nightcliff Primary School:
House captains: Nick Kontzionis, Emma Labessa, Domon Witte, Caroline Jackson, Alasdair Henderson, Laura Pollock, Dylan Carmody, Lauren Flanegan, Joshua Bailey, Molly Hosking, Fletcher Ellis, Nikola Sellers, Yarran Stewart, Jessica Murray, Bernard Kelly and Maria Mougras.
St Paul’s Primary School:
School captains: Maxine Castillo and Joshua DiLembo.
Both councils have recently held elections in 2006, and I would like to welcome new members and thank those who are leaving. At Nightcliff High School, I would like to welcome Andrea Fulton, Don Fulton and Carol Hitchcock as parent members, Meredith Saunders as a teacher representative, and Kelsey Hampson and Megan White as student representatives.
I would also like to give a particular welcome to Lyn Hollow. Lyn has taken over from Paul Atkinson as Principal of Nightcliff High School in 2006. Lyn was previously Principal at Maningrida CEC where she achieved excellent results. Lyn is a dynamic and energetic person whom I have enjoyed getting to know in the past few months. I am sure that she will do great things at Nightcliff High in 2006 and I look forward to working with her on council. Also thanks to Lindy Coates for her able work as council secretary in 2005. Lindy remains on council as a parent member but has handed the role of secretary to Robin Hansen.
A number of council members from 2005 have retained their positions in 2006. These are: Rosemary Campbell, who will once again serve as chairperson, John Wagner as treasurer, Joy Brabham, Fiona Jackson and Konnie Ketteritzsch as parent members, Val Momuat as teacher representative, and David Creeper as student representative. Thanks are due to each of those people for their continuing contribution to school governance.
Finally, a thank you to those 2005 council members who are departing. The first is Paul Atkinson, who I mentioned before was the departing Principal of Nightcliff High School. He was at the school for three very hard years, during which time there was a lot of turmoil at the school, a lot of things happened. However, he has actually started the school back on to a very good footing and has left the school a much better place. I thank Paul and I wish him all the best for his retirement in Queensland.
I also thank William Bean, Lynne Fry, Martin Bruekers, Delphine Newton, Graeme Chadwick, Anita Jonsberg and Jean Loke. Jean was the Assistant Principal at Nightcliff High School, and she has been promoted to become the Principal at Kalkarindji, and I wish her all the best there.
Moving on to Nightcliff Primary School, congratulations to Danyelle Bodaghi, who has stepped up to the role of council chair after serving as a member in 2005. Thanks also to Murray Fuller for his work as chair in 2005. I am pleased to say that Murray remains on council as a member, and I thank him for his continued contribution. Jane Fuge is now deputy chair, having replaced Anthony Young who has retired from council. Janet Langley has taken over from Michael Storrs as treasurer, and Tracey Miles has replaced Kanchana Bishop as minutes secretary. I must say that the secretaries are the hardest positions to fill in school councils, and I thank Kanchana for her detailed work as a secretary. Others who are joining the council in 2006 are Vicki Nangala-Tippet as the Aboriginal parent representative, Ros Treslove as outside school hours care representative, and Fiona Courtney has also joined the council as a new member. Adrian Curry, Peter Morris, and Deborah West have returned to, once again, serve as council members. Retiring in 2006 are Kanchana Bishop, Kate Fegan, Jill Finch, Pat Fuge, Tara Metcalf, Pam Smith, Anthony Williams and Margaret Young. Thanks to each of them for their contribution to the school and to the council. I wish them and all the schools very well this year.
Dr LIM (Greatorex): Mr Acting Deputy Speaker, I have two issues to raise tonight. The first is a happy occasion where I went to the Ross River Resort for the relaunch of the facility there. I stayed overnight. Some 70 or so people from Alice Springs turned up to the event, many in the tourism industry showing their support for the Ross River Resort. I wish the owners and the managers all the best; that they will be able to keep Ross River Resort open and receive customers for the next two or three years as they continue to grow in their knowledge that they are back in business.
It has been a difficult time for the Ross River Resort. They were opened and then closed for many years and the property deteriorated somewhat. The current managers, John and Heather Wyatt, have been there since June of last year trying to get the property back in order. I will come back to that in a little while.
While I was there, in one of the hotel booklets was a history of the Ross River Homestead which I found very interesting. I thought I should tell some of the stories from that. Ross River Resort homestead is situated about 83 km by road, east-north-east of Alice Springs. It is a little unfortunate. As I was driving there, there was one road sign just on the outskirts of Alice Springs pointing to Ross River. Then there was nothing by the roadside from then for the next 60 km until we came to the Arltunga turn-off where the next sign for Ross River was visible. For a local who knows where Ross River, is it is not a problem. However, for many tourists who would have been driving for over half-an-hour without any indication of whether they were still on the right road, it could be a concern. Imagine if you were an overseas tourist who is not used to bush roads or driving out to the middle of nowhere, where he hardly sees another car or another person - he may feel that he is lost. It would be good if the government could consider putting extra road signs along the way - every 5 km or so - to mark that you are getting closer to Ross River.
The original homestead was thought to have been built around 1909. Other reports suggest it might have been 1898. The homestead was built by Alfred Tabe for Tom Wallis at the time when that whole area was thought to be Love’s Creek Station, part of which was the Ross River homestead. It ran several thousands horses, mainly Clydesdale. When the old man was unable to run the property, he passed it on to his sons, Albert and Frank. The property comprises some 3670 km and now runs mainly shorthorn cattle. The Ross River property consists of 12 000 ha of land.
Alfred Tabe, who is thought to have built the original homestead. lived until 1940. He arrived at Arltunga with his wife, Clara, in 1901 and worked as a foreman at the battery and cyanide works. She died very soon after, unfortunately, and was buried in the Arltunga region. Alfred’s movement was little known after he left Arltunga in 1913.
In June 1911, John Barker and Lewis Bloomfield took over the pastoral lease and they continued to use the station for horse breeding, with the intention of servicing the Indian Remount trade. However, after World War I, the demand for horses diminished and so they shifted to cattle. There are still many feral horses, or brumbies as well call them, running wild on properties like Love’s Creek.
In the early 1920s, in addition to horses and cattle, the property also carried some 700 sheep. However, it was found that the environment was too harsh for the sheep and that was soon abandoned.
It was not until 1937, as a result of a survey, it was discovered that the original homestead was actually built on its neighbouring property, The Gardens Station and not on Love’s Creek Station. To protect the homestead, a small portion of land was sectioned off and transferred to the Bloomfield’s at Love’s Creek.
On 1 July 1943, the pastoral lease was granted to Lewis Alexander Bloomfield. On his death on 20 February 1944, his son, Harry Bloomfield, gave the homestead to Gil and Doug Green. The two brothers worked in the area cutting timber for sleepers for the old Ghan railway line.
In June 1958, Gil and Doug applied for a special purpose lease over the homestead and then converted the whole thing into a tourist destination. The homestead was then called Ross River. The homestead itself was converted for dining and accommodation. Subsequent owners have continued to improve the premises building new cabins, swimming pool, spa, campground and bunkhouses.
The property is currently owned by the Gro-Ruz Pty Ltd. That is the Grollo brothers from Victoria. The managers are now John and Heather Whyatt, and the assistant managers are Alison and Troy Fitzgerald.
The Sunday event was very well attended, as I said. We had a lunchtime barbecue amongst the flies - very friendly flies they were. It was a lovely afternoon. Helicopters were on hand to fly guests around the East MacDonnells. We all make a lot of noise about the West MacDonnells, but the East MacDonnells are equally as wonderful.
I hope many Alice Springs residents, if not other Territorians, will visit Ross River and help it to keep going in the next two years while its resort facilities can be sold on the tourism market overseas. It is a property worth supporting. I encourage Alice Springs to strongly do that. It is a great place. Half-an-hour to 45 minutes drive and you are there in the middle of the bush away from civilisation - no mobile telephones, no TVs, no computers. There is a phone box there if you really want to make contact with civilisation. However, you do not have to. A couple of days at Ross River Homestead will be a great escape for anybody and will allow you to relax, unwind and come away from a long weekend refreshed to start another week’s work.
It can be used for small conferences. They have a small conference room. They could take up to 15 or 18 people and it would be a good place for Cabinet to meet. The government might like to consider that, because they will appreciate that. The Chief Minister, the Minister for Tourism, could have a look at the Ross River Homestead Resort as it is today and assess for herself what a wonderful place it would be - another product that Alice Springs can sell on the tourism market.
In the time I have left, I want to refer to an e-mail that I received this afternoon which was sent to every member of parliament here and also in the federal sphere. It was written by a lady who was on her way from work yesterday afternoon when she came across an indigenous woman standing in the middle of the road slowing down traffic. She slowed down because she thought the woman was going to cross the road. However, as she got closer, the woman hit her side mirror of her car so hard with her hand that the mirror popped and struck the driver’s side window. When she got home, she rang the police. She was still standing out in the front yard to keep an eye on the woman who was, by that time, about two doors away from her own home. She thought nothing more about it and started to unload her car, when she suddenly noticed the woman who she had struck running into her yard, at the same time abusing her.
The woman who was struck said she saw the lady who sent me the e-mail on the phone and, as she said in her own words:
- She just came running (charging) at me like a wild savage and I noticed that she had a metal object raised above her head in a fashion that she was going to use it on me. The metal object turned out to be a very large shifting spanner.
The lady dropped everything and took off; left the car with her handbag and all the other material in it, and ran into the house and locked the door behind her. She then rang the police again and told them what had happened. She said ‘I was in fear of my life’. All she could think of was Anthony Scotty and the unfortunate incident on Gap Road a few years back. Anyway, after speaking to police, she looked out the window and saw the woman sitting across the road from her place just watching her.
She went out and locked the front gate until the police arrived. When the police then interviewed her they she said could press charges or they could return the woman back to her own community. That was what she wanted. She said: ‘Take the woman back to community rather than charging her, because she would then be hanging around the town for longer’, and she did not want that.
The problem is that the woman who was struck by the car now knew where this lady lived. She said it is a real concern for her that her location is now known to this woman. This happened at about 3 pm to 4 pm. She wrote the e-mail because she said and I quote:
- I am informing you all about this incident as I would like to know what is being done about all the antisocial behaviour going on in this town.
This is something that I have raised before. It is not about running down Alice Springs, but to report to government there are significant issues in Alice Springs. I continue the quote:
- I am an Arrernte woman, born in Alice Springs, and have lived here all my 55 years. I grew my family up in the town. We own a house here. We are just ordinary working people. If it wasn’t for my family and friends, I would pack up and leave. I have never seen this town so bad. Every day I hear of crimes being committed and see antisocial behaviour. I know I can’t live in the past, but enough is enough. The politicians are the ones who can change this stuff. Listen to the people! If you don’t do something now, it will be too late and this place will end up a ghost town because decent people will not want to live here. People are already leaving our town in droves!
It is a general complaint. People living in the Alice Springs community want people who visit the town to show respect for the town and for the people living there. It is not much to ask. What this government can do is provide the support for the people in Alice Springs to ensure that they have a peaceful community to live in.
She then said:
- I would never dream of hanging around …
The community this other lady came from:
- … making a nuisance of myself. I don’t come from …
The community:
- … therefore, I won’t hang out there.
I quote again:
- There is only so much Lhere Artepe Aboriginal Corporation can do. They can’t make the laws. They can recommend and work with government but the politicians are the main players in this situation.
Finally, she closed with this line:
- I really hope that my family will not be forced out of our town seeking a better quality of life.
I spoke to her tonight and sought her permission to use her e-mail, and she said: ‘Go ahead, do it’. I know this lady; she is a very decent, upstanding person in Alice Springs. She was moved to this extent where she had to write such an e-mail to us all in this Chamber. They are significant issues and I ask the government to seriously look at this issue. Do not go into denial and say there is nothing wrong with Alice Springs. There are major issues there and it is time to sort it out. If you do not, you will have a lot more hassles than you could ever dream of.
Dr BURNS (Johnston): Mr Acting Deputy Speaker, tonight I would like to speak about Andrea Deegan. At the end of February, Andrea Deegan went on accumulated long service and recreation leave prior to her retirement from the Northern Territory Public Service after 37 years of excellent and dedicated service.
In 1969, Andrea commenced work with the then Commonwealth Department of Mines as a drafting assistant, transferring to the Department of Works a year later. She moved to the Northern Territory Public Service when it came into being, and spent the rest of her working life with the Department of Transport and Works until she proceeded on leave on 24 February this year. Throughout her 37 years in the public service in the Northern Territory, Andrea worked in the areas of Mines, Public Works, Roads Division and the Road Projects Division.
I am reliably informed that Andrea intends to spend more time enjoying her family and young grandchildren. I would like to take this opportunity to wish Andrea and her family all the best for the future, and for a long and happy retirement. I thank her on behalf of the Northern Territory government for your 37 years of service. Andrea, we all wish you the best in retirement.
As we have moved into the school year, I wish all the new members of school councils in my electorate a happy and successful year guiding their respective schools. The school councils are responsible for setting the goals and directions that the school will take in the future. It is a difficult task and it is important to involve the whole community in the decisions that must be made. As well as a majority of parents on the council, the school principal, teacher representatives and representatives of the local community also make up the council. Students are also known to assist the council, especially at Casuarina Senior College in my electorate. All of these people give their time voluntarily, and it is great to see so many willing people dedicated to their children’s education.
Being a member of the school council enables parents to express their own opinion on important school matters. It is a good way to get to know what is going on in the school, especially in relation to your own child or children, and your efforts on the council’s behalf can only benefit your children and the whole school community. It is also a fantastic way to show your children that you are interested in their schooling and progress.
I look forward to attending as many school councils as possible in my electorate this year. There are four new chairs to these school councils: Kelly Anstey at Jingili Primary School; Justin Heath at Wagaman Primary School; Gail Cumming at Moil; and Libby Smith at Casuarina Senior College.
I was delighted to be invited as a guest speaker to the 25th anniversary of the Casuarina Kiwanis Club, held at the Casuarina Club on 15 March. The current President of the Casuarina Kiwanis, Michelle Henderson, put together a fantastic night to which past and present members came along to celebrate. It was also great to see her husband, Ollie Henderson, in attendance, particularly since he had been experiencing some ill health prior to the event.
The Governor of the Australian District, Geoff Holmes and his partner, Kaye, were on their way to the International Kiwanis Conference being held in Taipei, Taiwan and were able to stop off in Darwin to join the Darwin Kiwanis. The governor gave a very inspiring speech on the great works and ambitions of the Kiwanis in Australia and worldwide. The Lieutenant Governor, Phil Hedger, was there, together with the immediate past Lieutenant Governor, Frank Fotiades. My good friend, Noel Land and his family, Marie, Nathan and Alison were also there. It is great to see Noel and his children, Nathan and Alison. There is continuity of service in the Kiwanis, and it is great to see people in service clubs throughout our community. There is a feeling in our community that community service is waning, that younger people are not taking up the challenge. It is great to see in the Kiwanis Club that Noel is taking the lead and Nathan and Alison are also following in their father’s footsteps.
The motto of the Kiwanis is ‘Serving the Children of the World’, and the current emphasis in Darwin is on its Terrific Kids program. It shows children the rewards that come their way if they display community spirit and good citizenship. The Casuarina Kiwanis are very much involved in the projects in East Timor and supporting the citizens of Timor-Leste, particularly with providing cows for milk and a whole range of things for our near neighbours, one of the newest countries in the world.
I commend the Kiwanis. We see them at events throughout the community selling soft drinks and food and I commend them for the hard work they do. They enjoy what they do; service and good fellowship one with the other. They are an organisation that is very worthy of support within our community.
On 18 March, I was invited to join the Multi-Ethnic Social Association to celebrate Family Day at the Darwin Railway Club. It was great to see so many people come together and enjoy a good family time. It was also fantastic to see all the young children up there entertaining, and there are some great entertainers amongst the Filipino community. They start young and they are certainly talented, and give everyone a lot of enjoyment. It was great to see Benita Bernabe in her traditional costume organising the night. Benita, along with many of the ladies there, looked so beautiful in their traditional costumes. I know the Filipino people really value their culture and their family. Judith Bentic does a great job of MC right across a whole range of events, particularly Filipino events. She is such a happy person and adds so much to these functions.
Mr Acting Deputy Speaker, that is all I have to say tonight on events in my electorate. I look forward to reporting in the next sittings of parliament on the goings on in the Johnston electorate.
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Mr KNIGHT (Daly): Mr Acting Deputy Speaker, late last year, I was contacted by the mother of a young man who had been selected in the Northern Territory Under 13s cricket team which was due to compete in a carnival at Cobram in January of this year. This young man is Joel Bock who lives in the Manton area. I was delighted to have a young constituent of mine being selected in the squad, and was more than happy to donate to the cost of Joel attending the carnival. I can advise the House that Joel was top scorer in two of the five games and also took several wickets. We have a budding all rounder emerging in our rural area. I am advised that Joel and the rest of the team enjoyed the tough competition and learnt from the whole experience. Sadly, they did not win any games but I know these young men would have done the Northern Territory proud. I congratulate Joel and the rest of his team mates. We look forward to hearing their names mentioned in glowing terms in the future.
On 4 March, I was proud to be one of the many hundreds of people throughout the Northern Territory who participated in the local Clean Up Australia Day events. Last year, I participated in the Adelaide River clean up, so this year I attended the Batchelor clean up which was attended by 30-odd people. This was a great turnout for a Saturday morning and groups eagerly dispersed around the town, along the Litchfield Park Road and the Batchelor Road towards the Stuart Highway. Although we cleaned up quite a lot of rubbish, by all accounts it was less than the previous year which shows the increasing pride the residents are having in the presentation and image of their clean and green town.
I was fortunate enough to team up with a young lad, Harley Walters. Harley would only be about 13 years old, but he enthusiastically got stuck into his work. I thank the Coomalie Community Government Council and, in particular, Lisa Wain and other staff for their organisation of the event.
I would like to thank and acknowledge the following people who participated in clean up day at Adelaide River: Lisa Wain, Col Wain, Gavin Webb, Clifford Webb, Darcy Webb, Tim Howard, Chris Howard, Ian Fox, Linda Douglas, Kane Douglas, Harley Walters, Sue Bulmer, Sirpa Hopf, Andrea Hopf, Dean Hopf, Rob Lewis, Richard McHale, Richard Skinner, Therese Balanzategui, Steve Pocock, Kelsey Pocock, Wendy Leach, Michael Leishman, Susan Munro, the Ballantyne and Bat families, Kirsty Cunningham, Megan Cunningham and Charmaine Cunningham.
Mr Acting Deputy Speaker, I would like now to talk about a recent trip I made through my electorate. I visited areas on the Western Australian border through to Timber Creek. I firstly visited the Keep River National Park and, in particular, the park rangers at their Ranger Station. I would like to thank rangers Cameron Sharpe, Ross Nowland and Lauren Muenchow for their time to sit down, have a cup of tea and discuss developments in the park and the future needs. I was told about a future platform being constructed this year at Nganalam art site, the upgrades and erosion control at Jarnem walk and the campground, and also another walk upgrade at Jinumum which will take the track up the side of the escarpment. I am encouraged by the work that has been done, but there are great future opportunities that we, as a government, must grasp. I look forward to being joined on another trip by the minister to talk about these opportunities. This is a great park, a unique landscape, virtually untouched and ready for every Territorian to discover.
From Keep River I travelled to Newry Station where I met Aggie, Anna and James who was the head stockman and goes by the name of ‘Choco’. The station manager, Rod McColm and his wife, Alison, were away at the time, but I was more than adequately accommodated by his staff. I do not know what it is about cattle stations, but the energy and life that you see in the people who work there is amazing. Newry is a highly productive Consolidated Pastoral Company station. It holds over 20 000 head of cattle and, last year, it exported 8000, and plans this year to double that export. I would like to thank Aggie, Anna and ‘Choco’ for the lunch they provided. I look forward to coming back for another visit during the Dry Season when they are actually mustering.
My next stop was Kildurk Station and the Mialuni community. I met the school principal, Reg, his wife, and the students. The school has had its ups and downs since a local key elder, who had been advocating the school, died last year. I hope the issues can be worked through, because the school is a great facility.
I would like to thank Duncan Bero and Sammy Humbert for their time and conversation. The station is starting to move ahead but needs to go a lot further. Kildurk Station was a jewel in the Durack pastoral crown. It is great cattle country, and I hope the full holding capacity is created soon. This will bring greater financial returns for the community and more real jobs.
I was able to visit a third cattle station that day, Auvengne Station. I was unable to meet with Allan and Ros Andrews, the management couple; however I did spend some time discussing a range of issues over the back of a Toyota tray back with a station hand Russell ‘Rusty’ Cook. Rusty discussed issues relating from the continued maintenance of remote health, the continued support for the fight against weeds, problems with crocodiles taking cattle, the plagues of wallabies which have infiltrated the cattle station, the need for more stock inspectors, and the need to help with the numeracy and literacy of young Aboriginal blokes coming from Bulla camp who have been working at the cattle station for a number of years.
I applaud the Consolidated Pastoral Company properties for their positive attitude towards attracting and keeping these young Aboriginal men on their stations. These boys are natural stockmen, and I know they enjoy the work. I am still chasing a number of those issues that Rusty raised, and I will be getting back to him.
On 7 March, I travelled to Grove Hill where I met owners and publicans, Mary and Stan. They have owned the property for five years. Mary and Stan used to run a number of tips in Darwin. Mary related to me that one day Stan came home and said that he had decided he wanted to buy a pub. So they bought Grove Hill in 2000. They have done a great job with this pub; it is very unique. I encourage travellers on the Stuart Highway to give themselves an extra few hours to take the detour to Grove Hill. They will not regret it. If you are lucky enough to be there on the last Saturday of each month, they have a free barbecue and I am sure you will enjoy it.
From Grove Hill, I travelled to Brocks Creek Mine to visit staff from GBS Gold, which has taken over the old Northern Gold mineral leases and the Union Reef mill outside Pine Creek. I would like to thank Peter Harris, who gave me a tour of the Brocks Creek Mine and an update on the mining developments which are due to start this year. Peter is another Territory story; a person who came here for a visit and now he has a property in the Darwin rural area and he calls the Northern Territory home.
Another couple who have moved to the Northern Territory are the new owners of Hayes Creek Roadhouse. John Womald and his partner, Rebecca, have owned the roadhouse since November last year. I was delighted to hear of John’s plans to upgrade the car park area, install playground equipment, and extend the shade area for visitors. My children will certainly be waiting for the playground equipment to be built. I am sure the pressure will be on me to stop at the roadhouse every time I travel between Darwin and Katherine. Interestingly, Rebecca is a track horse trainer. I hope to see her services being utilised at either the Pine Creek or Adelaide River race tracks.
I visited the Douglas Daly Research Station not long after that. I met with Peter O’Brien who is the manager, and also members of his staff. Peter was generous enough to give me a tour of the facility. He explained the trials that they are conducting on improved pastures, and their cattle breeding. The research station is having a district farm walk which involves, basically, getting in a bus and travelling around the stations within the Douglas Daly area and seeing what different station managers are doing. That will be happening on 12 April. I hope the minister for Primary Industry and I will be able to attend.
We have some new owners at the Douglas Daly Tourist Park - Jim and Lindy Taylor. They moved from Byron Bay. They certainly got stuck into improving the property at the Douglas Daly. I have a number of issues to chase up with them, all about developing the area. I believe they will do a great job.
On Friday, 10 March, I travelled with the minister for Education to Wadeye community for the Year 12 class of 2005 graduation celebrations of the Lady of the Sacred Heart Thamarrurr Catholic School. This was a momentous occasion and not just a normal Year 12 celebration – it was the first Year 12 celebration. The school has operated for many years from the 1950s and 1960s, when I think it started out on its current site. This is the first time any student has ever graduated from the school. It was certainly a momentous occasion. We were welcomed by the co-principals, Tobias Nganbe and Ann Rebgetz. Ann, as I have mentioned before, has just started at the school.
We had an acknowledgement to country by Theodora Narndu, who is a very prominent, strong Aboriginal lady from Wadeye. The graduates were danced in by the three ceremony groups; the Tjarnpa, Wurlthirri and Lirrga groups. They were danced in by their families. The Tjarnpa group provided a song for us. After that, there were some reflections by a number of people about the journey that the students have had to get to the point of graduating. They were provided by their teacher, Emma Connellan, and Theodora, who was the parent. Theodora’s daughter, Barbara, was a graduating student. It was certainly a good perspective of reflections that they provided. It was great to hear the sincere and encouraging words from the minister, Syd Stirling, about the occasion. He was certainly proud to be there, to witness the first graduation of any students from the OLSH School at Port Keats.
I was truly honoured to be there with him and proud of those girls - because they were all girls. There were only seven of them, but they are the first girls. They are role models now. They were: Suzanne Dodd, Barbara Narndu, Bernadette Munar, Damiscene Narndu, Freda Bunduck, Claudette Bunduck and Dorothy Kintharri. They will always be remembered and, hopefully, we will get a lot more coming through. School always has some challenges. I hope to be working with them in the future to meet those challenges and, next year we will be celebrating more Year 12 students, and an increased enrolment.
Ms McCARTHY (Arnhem): Mr Acting Deputy Speaker, I want to talk about a recent trip I took throughout my electorate of Arnhem. I had the pleasure of taking the Labor Senator for the Northern Territory, Trish Crossin, and her staffer John Prior, with me. We travelled to a number of communities over a week.
We first went to Bulman by charter with Direct Air. We spent some time there and were able to go to the school and talk to the principal, Annette Miller. The Senator had the opportunity to have a look at what was happening at Bulman School and Annette was able to talk to us about where they are positioned. As I have already said before in this parliament, one of the exciting things is the attendance rate at this school. It is such that, for the secondary level of students, they have 13-, 14- and 15-year-olds now staying at Bulman and have had to set up a temporary classroom in the staff room. We know we need to look at what is happening at Bulman. While that is exciting, we want to see if we can accommodate those students in a more appropriate surrounding.
Lazarus Murray was there. He is Bulman council’s chairperson. It was great to see Lazarus. Quite a number of the community turned out to meet the Senator. I would just like to mention a few: Karen Murray, Joanne Forbes, Nancy Murray, Brett Fordham, Shantelle Miller, Lloyd Murray from Bulman, and from Weemol, which is not too far from Bulman, George Jungawungu, Johnny Daly Water, Maggie Chikkappa, Faye Chadum, June Jolly, Phillip Ashley, Robert Rickson Snr and Spencer Martin.
We had quite a time at Bulman and the Senator was certainly able to gain a good insight into what was happening educationally. One of the big things that still seems to be raised, as we go around, is the concerns with their Indigenous Coordination Centre, the ICC. Bulman residents had an opportunity to express their deep concern over their feeling of disempowerment with federal government funding and federal initiatives that are just not reaching on the ground in Bulman.
From there we travelled to Ngukurr and were met by David Shoebridge, the acting CEO at Ngukurr. We thank David for his hospitality taking us around. We had a chance to see the council. David Daniels, who is the chairperson, spoke to us in depth about the concerns at Ngukurr. I thank Bobby Nungumadjbarr, Daphne Daniels, Andrew Roberts, Kevin Rogers, John Rogers and Donald Blitner, also on the council, who attended to talk to us about the concerns that they have in regards to Ngukurr council and the community. That issue was also of the ICC and its absence in shared responsibility agreements that the federal government is so proudly speaking of and advocating across the country. It definitely is just not working and happening on the ground out there.
From there we went to talk to Graeme Matthews, the principal at Ngukurr School and his wife, Denise, who showed me some hospitality while I was there. Graeme spoke passionately about what was happening at his school and we were able to have a look at the classrooms. There is absolutely good news about the attendance rates of children; the numbers are rising dramatically, so much so that there are not enough desks to cater for the students. One classroom, in particular, has 29 students and only 22 desks. These sorts of things both the Senator and I and John Prior took note of. When we were looking at the senior school, again, there is good news because young people are staying on in the community and they are going to school because they have the secondary component there. Resourcing is an important factor that I know the Northern Territory government is very conscious and aware of how we have to catch up with that. This is the result of the good programs that are occurring under the Northern Territory Labor government and, as a result, we are being inundated by all the children who should be and are at school. We need to keep up with that.
We had the chance to speak with Batchelor College students. Sandra Darcy runs Batchelor College at Ngukurr. The students there spoke quite passionately about housing, in particular, and how it was not available; there was not enough housing. We heard first-hand from them about their concerns. They spoke a fair bit about sports, especially women’s sports. These are some of the issues that I will take back to our youth and sport committee; that of women in Ngukurr wanting support for their basketball competition that is happening.
We went along to the Yugul Mangi Women’s Rangers. Cherry Daniels runs the rangers program. She is an amazing woman, an absolute inspiration to all women everywhere. She runs a troop of eight to 10 women who travel in their troop carrier and their boat on the Roper River checking if there are problems or if people need help. They are also very aware of the concerns with illegal fishing and are the eyes and ears, if you like, of Coastwatch when illegal activities occur that are of deep concern to the community. They do not have enough support. They would like a bigger boat and some more vehicles. They are looking at getting two quad bikes because that is a way they can go out bush and keep an eye on some of the areas that they do need, such as the camping hot spots around the region. These women are absolutely inspirational: Felicia Dingul, Jill Daniels, Julie Roy, Callas Tapu, Lewana Daniels, Grace Daniels, Edna Nelson, Julie Nelson, Meray Nelson, Valmay Roberts, and Marian Roberts. They are the women of the Yugul Mangi Women Rangers. The Senator gained a real insight into what was going on with the community.
We travelled from Ngukurr to Numbulwar, and I thank Mark Gardiner and Samuel Ngalmi. Mark is the CEO at Numbulwar Council and Samuel is the president. I thank them for the hospitality and for transporting us around the area when we were in Numbulwar. We went to the Numbulwar Homeland and were able to meet with quite a number of the outstation representatives. I would like to thank Andrew at Numbulwar Homelands for arranging for us to meet with mimi Henry Nungumadjbarr, Bobby Miniyiowan, Wilfred Nungumadjbarr, Don Nundhirribala, Moses Numurrudirdi and also Bob Burrows who is a worker at the homelands. They were all very concerned about the federal government’s moves to take away from the homelands people. Only last year, the former federal Aboriginal Affairs minister said that outstations of fewer than 50 people were just not going to be supported. These people who met with both the Senator and me in Numbulwar expressed grave concerns for their outstation movement and for all the things that they have done. They also raised many questions about the federal government’s planned amendments to the Aboriginal Land Rights (Northern Territory) Act 1976. We spoke quite in depth about those issues, raising also the fact that it is still an unknown; there are many variables. They were very relieved to hear what Senator Trish Crossin had to say regarding federal Labor’s position; that is, that federal Labor is supportive of traditional owners, and wants to know what they think about all these things.
We then went on to Numbulwar School, where there are some great things happening. I would like to mention the names of the women in Numbulwar who are involved with the revitalisation of the Numbulwar language in the school. It is quite exciting; they developed their own programs and teach it to the children. The Senator and I again gained insight into what was happening - quick though that was. The people there are: Susan Murrungu, Jangu Nundhirribala, Madhulugu Nundhirribala, Colleen Murrungun, Faye Manggura, Leonie Murrungun, Mawugumayn Nundhirribala, Dhalajrra Nundhirribala, Dilimbi Nundhirribala, Jessie Nundhirribala and Edwin Rami. These are the women, along with Edwin, who spent some time with us just to go through why it was important for them that language was being taught in the school.
From there we went on to Bickerton Island. I pay special tribute to the schoolteacher on Bickerton Island, Tryna Deslandes who does an amazing job with 25 to 29 students on the island who range from the age of five to 15. Tryna is the only teacher, and she looks after all these age groups as well as being principal, and does the breakfast and the lunch. It is quite extraordinary, the amount of work that is placed on this one person. I will be looking to request that the position for teaching at Bickerton Island goes back to a two teacher school – it is too much. The amazing work that Tryna does should not be taken for granted. She is going on study leave as of June, and I encourage support for Tryna by having a relief teacher working out there supporting her in the next term, and making sure that that position is maintained at the current level. For any future teachers who wish to go to Bickerton, it is great. It is a beautiful island and there are lots of things to do. I know that Tryna will have very encouraging words for any prospective teachers who wish to go there.
From there we flew on to Groote Island. A huge thank you to Graham Phelps who took us around most of the time we were in Groote Island. Graham was certainly a source of inspiration for knowing what was happening in the region, but also valuable in transporting us everywhere. By this time, we had travelled quite some distance and were feeling a little tired. It was great to have Graham to give us that support.
We went to the Anindilyakwa Land Council and I thank Tony Warramurra and Walter Amagula for spending time with me, the Senator and John Prior, to let us know how they are going. There are some exciting plans at the ALC, with their tourist venture for the area of Alyangula. I wish them well.
Then we went on to Umbakumba School. The teacher there, Darren Pitt, is making headway in reviving the school environment since the unfortunate incident late last year against a teacher. I say thank you to Darren and his staff and students for the lunch they provided and the chance to talk about issues that are important to Umbakumba. The issue of teacher housing in the community is an issue I will pursue vigorously on behalf of the teachers wanting to live in Umbakumba instead of travelling from Alyangula. This is something I am acutely aware of and have been for some time, and look forward to pursuing that on their behalf.
At the clinic, a big welcome to nurse Lesley Gay who has taken the posting Umbakumba Clinic. Lesley has arrived from Ti Tree and is looking forward to her time on Groote Eylandt. A big welcome to Lesley.
At Angurugu Council, the Senator and I had the opportunity to meet with the chair, Jabani Lalara. It is always a pleasure to see Jabani and Greg Arnott the council CEO. On this occasion, Greg was off island but I did catch up with him here in Darwin. To the councillors, Jonathon Nungamatbarr, David Durilla and Jackie Amagula, thank you again for your time and expressing your concerns about housing and the federal government’s planned amendments to the Aboriginal Land Rights (Northern Territory) Act.
In the evening, the Senator and John Prior and I were able to enjoy the company of many Alyangula residents at the Alyangula Recreation Club. A very special thank you to Jeff Wood and his staff at the Alyangula Rec Club. You always put on a great gig and you certainly did that night. We were there until fairly late in the night talking to as many people as we could and enjoying the time with residents on Groote Eylandt.
A big thank you to Morris Henry Higgins and Pauline Higgins for the breakfast we had before we flew out. We certainly had an amazing trip and I look forward to again taking Senator Trish Crossin down to south-east of Katherine next week to the Barunga/Beswick area and to Minyerri and Jilkminggan. We look forward to giving a follow-up report on that.
Mr NATT (Drysdale): Mr Acting Deputy Speaker, I had the extreme pleasure of attending a ceremony of recognition at Kormilda College on the 9 March. Kormilda is the first school in the Northern Territory to receive international accreditation from the Council of International Accredited Schools of Australia, or CIASA as it is known. The college, via the school council’s hard work and the previous principal Stephen Kinsella’s foresight, have been working to establish high performances in many areas of focus within the schools administration, facilities, teaching and boarding.
Members of CIASA in Australia visited the school, I understand, when the idea was first being formulated and instructed members of the council and staff on what aspects of the school had to be lifted. The staff and college council members worked extremely hard over a period of about two years to achieve the target set by the council. A group of 14 representatives from CIASA visited and observed several aspects of the college in late August last year. To the joy of the college, the representative group approved of the acceptance of the college into the CIASA family. Mr Richard Tangye, the Chief Executive Officer of the Council of International Schools presented Deputy Chairman of the Kormilda College Board, Mr Kevin Davis, with the accreditation certificate and congratulated the college on a job well done, and for the recognition of being the first school in the NT to receive membership of CIASA.
I would now like to read an excerpt of the speech that acting principal, Julianne Willis, read to the school assembly that morning:
- To achieve our mission, our Strategic Directions document stated that we should use performance targets to help us measure the success of initiatives we undertook; and that any initiatives should represent excellence and best practice. It is this method of school improvement, combined with our mission that has led us to today’s ceremony and a celebration of the achievements of our goals.
The Council of Internationally Accredited School of Australia (CIASA) has been created to work in partnership with the Council of International Schools, an organisation of around 500 schools in approximately 110 countries. It represents many nationalities with varied cultural, religious and linguistic backgrounds and includes universities and colleges to which students from international schools apply.
The criteria used in the review to evaluate performance focuses on all aspects of the school: grounds, buildings, boarding, administration and teaching and learning. All members of the college community were invited to participate. It was a process that was generally inclusive of everyone.
In particular we were commended for:
very extensive counselling resources for students personal, physical, social, emotional and spiritual needs;
a priority given to the development of attractive and functional buildings and grounds.
- At this point I want to pass on the congratulations to all the community for this achievement. Well done.
Twenty-five Australian schools have achieved CIASA accreditation. They are in Victoria, South Australia, the Northern Territory and Queensland. Fourteen more are currently being prepared for team visits. We are the only school in the Territory to receive accreditation.
I would like to congratulate the college on receiving this prestigious award, and also the dedicated efforts the council, staff, students and parents put into in ensuring their community received international recognition.
The accreditation does not stop at receiving a certificate, however. The school must maintain the standard set in years to come, and I am sure this will not be a problem for a dedicated community such as Kormilda. Well done. The Northern Territory is proud of your international acknowledgement. I, as a local member, look forward to working closely with the college in the years to come.
On Tuesday, 7 March, I attended a launch at the Palmerston High School for Palmerston Futures Student Sponsorship Scheme with my colleague, the member for Brennan. The futures program has been running for a couple of years and is strongly supported by the Beacon Foundation. I am sure you have heard of the Beacon Foundation. The foundation is a not-for-profit organisation which has a heavy focus on creating jobs for youth across Australia. Their financial support is funded by donations from local businesses, as well as large strong business communities around our country. It has been operating extremely successfully in several schools around Australia. The aim of the Palmerston futures program is to ensure that all Year 10 students chase a productive pathway and remain engaged in education, training or employment at the completion of their Year 10 studies.
It was extremely pleasing to see many businesses involved in the initiative. Several well-known business people from the Palmerston region, and as far as Winnellie and Darwin, attended the launch and placed their business names on the list to assist the students with their futures.
An initiative such as the futures program enables Year 10 students to start to focus on their future and their job prospects. The program provides: career advice to students; arranges careers talks to student groups; develops links between the high school and businesses to help students find work experience placements; seeks sponsorship from local businesses to support students in school to work transition processes; offers assistance with registration for school-based new apprenticeships; and organises a charter signing ceremony each year where students commit themselves to training, employment or further study over the next two years.
I am looking forward to the 2006 charter signing ceremony at the high school on Wednesday, 5 April.
I acknowledge the Principal of the Palmerston High School, Mr Chris Dias, for his conviction to this process. In particular, I would like to congratulate Mr David Maclean, the Assistant Principal of the senior school. David is the manager of the Palmerston futures scheme and has been the driving force behind the project. He is a very dedicated individual to the future of youth in the Palmerston area. It has been his hard work and diligence to chase sponsors and businesses to support the scheme. Well done, David, you are to be congratulated. I would be remiss not to mention the support of the Palmerston High School Council and, of course, the school staff. It is a wonderful initiative for the youth of Palmerston and their futures.
I had the pleasure a couple of weeks ago of attending a press conference with the Minister for Infrastructure and Transport at M&J Welding in my electorate suburb of Pinelands. M&J Welding received one of the largest steel fabrication contracts ever awarded in the Northern Territory. The contract was awarded by the Sitzler/Barclay Mowlem joint venture, which is building the Darwin convention and exhibition centre as part of the Darwin City Waterfront development. The multimillion dollar contract will result in large subcontracts flowing to other Territory businesses. I would like to congratulate M&J Welding which has won the contract to supply 1100 tonnes of structural steel for the convention and exhibition centre.
Mr Mick Dunne is the Managing Director and owner of M&J Welding. Mick has said he will subcontract to local companies such as OneSteel for steel supply, Precision Drafting, Norblast for painting, and R&S Riggers, as well as local transport and consumable companies. M&J Welding has supplied many of the big projects in the Territory including Robertson Barracks, the original Royal Darwin Hospital and its recent extension, the second stage of Casuarina Shopping Centre, and Palmerston’s Woolworths and Hub projects.
While at the launch, I also talked with Territory Manager of Barclay Mowlem, Mr Dick Guit. He said the joint venture had worked with M&J Welding on several large projects and he had confidence in the company’s ability to supply such development, which demonstrates the capacity of local businesses. He added that their combination of long experience, local knowledge and competitiveness makes companies such as M&J Welding invaluable partners with Barclay Mowlem. Congratulations to Mick and his staff on such a wonderful achievement.
Mick Dunne started his working life at the age of 15 in New South Wales as an apprentice steel fabricator. In 1970, he came to Darwin and worked at various jobs until Christmas 1974, then left for six months. He returned to work as a foreman for a steel fabricator shop in Winnellie, rebuilding Darwin houses for 12 months after Cyclone Tracy fixing smashed rails, stairs and house bearers so new houses could be built without having to replace the underlying structure. Mick then started his own business working long hours from the back of a ute and, from there, started a small workshop in Winnellie. The jobs got bigger as Mick developed a good name for himself in the structural steel fabrication business to a point now where M&J Welding is a recognised player in the construction industry in the Top End. Mick, well done and good luck with the job at hand. It is a great shot in the arm for your company and associated Territory businesses.
Last but not least, I was lucky enough to represent the Police minister in Alice Springs last weekend opening the 2006 Australian Police Golf Championships. The championship is an annual event that has been running now for about 40 years on a rotational basis between states and territories. The previous visit to the Territory was in Darwin in 1998. Alice Springs achieved a bit of a coup because the championships are normally conducted in capital cities. However, on this occasion, the Northern Territory Police Golf Club agreed for the event to be played in Alice. I praise the Northern Territory Police Golf Club for their foresight in the selection of the Alice Springs course. The course is rated 64th of the best courses by Australian Golf and, I understand, is one of the top 10 desert courses in the world.
I had the pleasure to squeeze in nine holes on Friday evening and enjoyed my first walk on the course. The fairways are very tight and do not suit a player such as myself who tends to spray the ball off the tee. I can assure the House that I saw a lot of red dirt, saltbush, rocks and the occasional kangaroo whilst searching for my errant ball. The course is in fantastic condition - an absolute credit to the staff of the course.
Just on 180 players from all around Australia registered to play for the week. Talking with several of them at the opening, they were looking forward to the challenges of the week and, of course, catching up with comrades. Many of the players brought their wives and partners and, while the gents were competing on the greens, the Northern Territory Police Golf Club arranged day trips for partners to very scenic spots in and around Alice.
Many sponsors supported the event and I acknowledge a couple: Lasseter’s Casino, Alice Springs Convention Centre, Imparja TV, the Police Credit Union, Red Centre Office Technology, Alice Springs Golf Club and Bojangles. The major sponsor, Asia Pacific Dunlop, has been the naming rights sponsor for the past five years and they need to be congratulated for their support of the event and the recognition they bestow on the police forces around Australia for the diligent hard work they undertake.
I take this opportunity to recognise Mr Terry O’Brien APM, the President of the Northern Territory Golf Club; Mr Bob Taylor, the Secretary/Treasurer; Rocky Barker, the captain; Superintendent Colin Haymon; retired superintendent Trevor Ball; and Philip Carr, the event coordinator. This committee has put many hours into the organisation of this event to ensure that our visitors had a great week in the Northern Territory; in particular, the Red Centre. Well done, gentleman. I hope everything goes well and thank you for the hard work you have undertaken to paint a great picture of this great Territory of ours.
Motion agreed to; the Assembly adjourned.
Last updated: 04 Aug 2016