2004-11-30
Madam Speaker Braham took the Chair at 10 am.
Madam SPEAKER: Honourable members, I advise you of the presence in the gallery of Kormilda College Year 8 students accompanied by their teacher, Ms Jacelyn Roxburgh. On behalf of all honourable members, I extend a warm welcome to you.
Members: Hear, hear!
Madam SPEAKER: Honourable members, it is with deep regret that I advise you of the death, on 25 November 2004, of the Honourable Justice Steven Bailey, a former officer of the Northern Territory Department of Law and a Justice of the Supreme Court of the Northern Territory.
I will ask honourable members, on completion of the condolence motion, to stand in silence for one minute as a mark of respect. I call on the Chief Minister.
Ms MARTIN (Chief Minister)(by leave): Madam Speaker, I move that this Assembly express its deep regret at the death of Hon Justice Steven Bailey, a Justice of the Supreme Court of the Northern Territory from 1997 and former Director of the Executive and Policy Division of the Northern Territory Department of Law, and place on record its appreciation of his long and distinguished service to the people of the Northern Territory, and further that the Assembly tender its profound sympathy to his family.
Justice Steven Ronald Bailey embarked on a life in the law from a fine academic background. He graduated as a Bachelor of Laws with first class honours, winning the University Medal from the University of London before taking up an academic appointment in Australia. He was a senior tutor in legal studies at the University of Western Australia from 1975 to 1976 and, in 1977, lectured in law at the University of Newcastle in New South Wales.
At Newcastle, Steven Bailey met Jennifer Goldie, the woman who was to become his wife.
After a year in the east, in 1978 Steve accepted a position in the then Department of Law in the Northern Territory where, over the next few years, he gained experience in legislative drafting and in advice in constitutional, administrative and civil law. He was present at the establishment of self-government, working closely with Chief Ministers Paul Everingham and Marshall Perron.
Steve Bailey moved to the Executive and Policy Division of the department in 1979, and acted as Director of Division from 1981 to 1985. Those who worked with Steve Bailey during that period recall him inspiring loyalty and achievement. Two senior Territory lawyers, Nick Mitaros and Neville Henwood, who worked as his articled clerks during that time, attest to Steve’s ability to inspire people.
In 1985, the Bailey family left the Territory when Steve became Senior Crown Counsel in the Hong Kong Prosecutions Division. In 1992, he was promoted to Senior Assistant Crown Prosecutor and appeared at all levels of the Hong Kong court system, from appellate to trial level. He appeared in the Privy Council on several occasions, and prosecuted commercial crime and Bill of Rights issues. In 1994, he was appointed to the Bench of the District Court of Hong Kong, dealing with the bulk of serious crime matters in the then Crown colony.
Rex Wild and Richard Coates recalled one of Steve’s great stories of his days in the mysterious East. Whilst in Hong Kong, he prosecuted members of a triad who had driven into a jewellery shop for a smash and grab, armed with AK47s. Unable to reverse the vehicle out of the shop, they had jumped into a taxi, only to become stuck in a traffic jam. They were promptly surrounded by police and arrested.
In 1997, Steven Bailey became Justice Steven Bailey, returning to the Territory to accept an appointment as a judge of the Supreme Court of the Northern Territory. In 1998, he became a member of the National Steering Committee for the annual National Supreme and Federal Court Judges Conference, and he was Chairman of the Northern Territory Parole Board from 2000. He was highly respected and well liked by members of the Parole Board.
Following e-mail advice from the Chief Executive to all Department of Justice staff of Justice Bailey’s death, Richard Coates has received innumerable messages that reflect their sadness and their fond memories of Justice Bailey as a good man and a fair judge. As a Supreme Court judge, he was popular and fair. Justice Steven Bailey shall be sadly missed by our entire legal fraternity. He was a fine Territorian.
Mr MILLS (Opposition Leader): Madam Speaker, I did not share a friendship or a professional relationship with Justice Bailey, though I am nonetheless privileged to speak today on behalf of the Country Liberal Party to this motion extending our condolences on his passing.
Likewise, I am honoured to be able to recognise the contribution that Justice Bailey has made to the Northern Territory and in particular to the legal profession. On behalf of members on this side of the House, I also wish to extend my commiserations to the family of Justice Bailey.
Justice Steven Bailey was a man who was, sadly, taken before his time. On the basis of his contribution in life thus far, the judicial system and the wider community will be worse off for his passing, as Justice Bailey still had much to offer.
Born in England, Justice Bailey migrated to Australia and came first to the Territory as an aspiring young lawyer in 1978. Although originating from elsewhere, Justice Bailey found a home in the Territory and a lifestyle to which he could easily adapt. In his commitment to the people, the future and to a fair go, there is no doubt that Justice Bailey was truly a committed Territorian.
After being appointed as a Legal Officer after arriving in the Territory, he went on to become Director of the Executive and Policy Division of the Northern Territory Department of Law, a position he held until 1985.
After leaving the Territory to pursue his career in Asia, Steven Bailey returned to Darwin in 1997 and was appointed to the bench of the Supreme Court. The Territory was a place where he felt at home and shared many strong friendships with its people, both from within and outside his profession.
Throughout his career on the bench, Justice Steven Bailey was known as someone who refused to be swayed by populist views and would never shy away from what he believed was right, nor would he be afraid of saying what was right.
I speak for all members on this side of the House when I acknowledge that there could not be many who could be classified as a better judge of what is right and just, and what is not. He had a well deserved reputation for compassion and fairness. Justice Bailey exemplified the ideal temperament of one in such an important and responsible position in the community and, as such, was held in high regard by his work mates and those in the legal profession who appeared before him.
He was also known for his work ethic and, for all of these reasons, the bench will be a lesser place for his passing. If there is one final piece of wisdom that I believe we can take from the late Justice Bailey, it was the advice he was known to give young lawyers. When asked what was the most important thing required to prepare themselves for a successful career in the law, he would answer that above all else, they needed a large dose of commonsense.
This advice was practiced as well as preached by Justice Bailey, as he was always well recognised for his fairness, level headedness and commonsense. As I said, this approach is something that I believe all of us can learn something from when going about our duties in this House.
Justice Bailey was recognised as a committed family man and, again, my condolences go to his wife, Jenny, and the family members he has left behind.
The Country Liberal Party mourns the passing of Justice Steven Bailey and extends its deepest sympathies to his family, friends and colleagues at this time. The opposition supports the motion.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I rise today to pay my respects to an honourable man and a serving Justice of our Supreme Court.
Justice Steven Bailey was appointed as a judge of the Supreme Court of the Northern Territory in 1997. At the time of his appointment, he was a judge of the District Court of Hong Kong, having been appointed to that position in 1994. Steven Bailey had a long and interesting career in the law.
I have read the transcript of the Special Sittings of the Supreme Court of the Northern Territory to welcome the Honourable Justice Bailey to his appointment in 1997. The warmth of the welcome speeches made by parties such as the then Attorney-General and members of the legal profession are testimony to the regard in which he was held by his colleagues and the community. The speech he gave in response is equally illuminating. It tells of his humour, humanity, wit and his love of family. I will share a small extract from that speech:
The Chief Justice said that Justice Bailey was a very hardworking judge and a fair man who gave everyone a chance to be heard. I am informed that Justice Bailey was in fact renowned for his patience in hearing some of the longest criminal trials in the history of the Territory, during which he endured what has been described as the ‘painstaking cross-examination of some of the more eccentric interstate barristers’.
Justice Bailey was also a man of considerable legal skill. He wrote the leading judgment in the case of DPP v WJI on behalf of the court. This judgment was upheld by the High Court of Australia recently and is a testament to the quality of the work of Steve Bailey as a judge.
Justice Bailey was appointed as Chairman of the Parole Board in 2000 and he has done some sterling work for the community in that role. Recently, he presided over the first decision of the Parole Board regarding parole for life sentence prisoners under the new legislative regime. Steve Bailey was highly respected and well liked by members of the Parole Board.
I extend my condolences to the colleagues of Steve Bailey and my deepest sympathy to his family. He was an honourable man who served our community well, and we are saddened by his loss.
Ms CARNEY (Araluen): Madam Speaker, as shadow Attorney-General and on behalf of the opposition, I join with government members to express our condolences to Justice Steven Bailey’s family and friends on his passing. The sentiments expressed by the Attorney-General and the Chief Minister are shared by us, and it is appropriate that this parliament expresses its condolences and sadness on behalf of all Territorians.
I had the pleasure of appearing before Justice Bailey, so I speak not only as shadow Attorney-General, but as a lawyer who appeared before him in the Supreme Court in Alice Springs.
Steven Bailey was a delight to appear before; his manner was relaxed and friendly, but at the same time he was a no-nonsense judge. He was well-known for his sense of humour, commonly referred to as ‘dry’, and his family, friends and members of the legal profession are sure to recount many examples of this well into the future. I have some stories of my own, and although I do not propose to tell them here, I look forward to exchanging them and stories about his dry humour and quick wit with my legal colleagues next week after the Special Sitting of the Supreme Court.
Steven Bailey had a very interesting legal career and the Territory was lucky to get him when, as a relatively young lawyer, he arrived in the Territory in the 1970s. These days, of course, we have many graduates from our own university, but before we bred our local talent, the Territory’s legal profession was built on imported talent from all over Australia and beyond.
Like so many young lawyers, Steven Bailey contributed to the growth of the profession in those relatively early years, and he was part of a small but elite group who achieved judicial office.
His career was interesting not just because he came to the Territory as a young lawyer or because he left legal practice after some years to work as the Director of the Executive and Policy Division in the Department of Law until 1985. It was interesting because when many lawyers, young and not-so-young, leave the Territory, it is usually to return down south. That has been the case for many years and will, no doubt, continue to be case for many more years to come. Going further north, however, was not and is not a common occurrence, but a relatively young and adventurous Steven Bailey left Darwin to pursue his career in Hong Kong, which he did with distinction, serving as Senior Crown Counsel from 1986 to 1992 and Senior Assistant Crown Prosecutor from 1992 to 1994. He clearly did well; he was appointed a Judge of the District Court of Hong Kong.
As we know, Justice Bailey returned to the Territory in 1997 to accept a position as a judge on our Supreme Court, a position he held until his untimely death last week.
Madam Speaker, he served on our highest court with distinction. He was intellectually very quick and agile, both in the criminal and civil jurisdictions. He was widely regarded as firm, but fair. He was well known for his capacity for hard work, and I note that the Chief Justice publicly commented about this last week, remarking that Justice Bailey was usually the first to arrive at Chambers.
Steven Bailey struck me as a very caring man, and that can be seen in his many judgments. I remember reading his sentencing remarks in one case in particular many years ago. It was an especially brutal rape case. His particularly moving sentencing remarks eloquently described the appalling effect of the crime on the victim, illustrated his empathy and sympathy for her and his disdain for these types of crimes. I thought at the time that it said something of the sort of man Steven Bailey was; a compassionate man, a decent man.
Steven Bailey was also a devoted family man who had a number of close friends with whom he regularly enjoyed a very good glass of red. He was also a very popular visitor to Alice Springs, so his consumption of a good red was not confined to the Top End.
Invariably, members of the profession spent time with him, as they do with other judges when on circuit, after court. I recall the first time I met him outside court, and it was in a pub with his close friend, Greg Cavanagh, who was also sitting in Alice Springs at the time. The three of us sat together talking about a range of matters. I could say that we spent our time talking about the law, however, it is more accurate to say that we simply gossipped. We could have sat there for hours, but His Honour had the good sense to know when it was time to leave; the same, however, could not be said about Greg and me.
Lawyers have always talked about judges, sometimes in complimentary terms and sometimes not. It is the nature of the profession. However, what has always and universally been said about Justice Bailey is that he was a pleasure to appear before. In fact, one lawyer said yesterday that he was ‘lovely’ to appear before, a description rarely used to describe one’s appearance before a Supreme Court judge.
Many kind things have been said about Steven Bailey in recent days, and when someone passes away, I suppose that is what we expect. Steven Bailey, though, is something of an exception because what has been said about him in recent days has, in fact, been said about him for many years. That says a great deal about the sort of man he was, and the high regard in which he was held.
The Northern Territory has been well served by Justice Steven Bailey, but it is more accurate, I believe, to say that the Territory is a better place and more enriched as a result of his presence, his role on the Supreme Court and his contribution to our system of justice and its administration. We extend our sympathy to his wife, Jenny, and his children, Tom and Kate. Our prayers are with them.
Mr MALEY (Goyder): Madam Speaker, I rise to place on the record my condolences to Steven Bailey’s family and my respect to him as a person.
I met Justice Bailey in 1997 when he was appointed to the Supreme Court of the Northern Territory. He was a good friend of a then business partner of mine. He struck me as a quiet and decent man who did not mind, as my learned colleague said, a red wine with his mates. We would catch up fairly regularly at the then Petty Sessions establishment and enjoy his company.
He was not a pretentious person; he enjoyed the respect and admiration of his peers. Steven Bailey was a man who could talk and socialise with anyone, and I witnessed that on many occasions.
I also had the privilege of appearing before him in the Supreme Court on many occasions. His elevation to the bench did not change his easy-going attitude. He remained a polite and decent person for his entire time on the bench. The reason for that, I suppose, is obvious: he was already very bright; he did not have to prove anything; he had an excellent grasp of the law; he never missed a trick; he always conducted himself with dignity; he was always polite to counsel; and he treated all those who came before him with dignity.
When the Chief Minister moved this motion, she talked about Justice Steven Bailey being a fine Territorian. Indeed, I support that he was not only a fine Territorian; he was a good bloke and was a great friend.
MOTION
Legal and Constitutional Affairs Committee – Membership
Ms CARNEY (Araluen): Madam Speaker, I present a petition from 427 petitioners praying that a crossing be constructed on Larapinta Drive for the safety of school children. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders. I move that the petition be read.
Mrs BRAHAM (Braitling)(by leave): Mr Deputy Speaker, I present a petition, not conforming with standing orders, from 1144 petitioners relating to midwifery services in the Northern Territory and provision of private maternity services. I move that the petition be read.
Motion agreed to; petition read:
Mr HENDERSON (Asian Relations and Trade): Madam Speaker, the Territory government is proud of the Northern Territory’s strong historical and family ties to China. There are over 4000 Chinese Territorians and their cultural heritage has an important role in the Northern Territory community.
From 24 to 31 October, I was pleased to lead a delegation to China including Anhui, Meizhou, Hong Kong and Shanghai. The delegation included representatives from the Territory’s Chinese community, Darwin Port Corporation, Charles Darwin University and government agencies.
The mission focussed on strengthening and developing cultural links between the Northern Territory and China, promoting business and skilled migration from China to the Territory, and promoting education, tourism and investment opportunities in the Northern Territory.
The flow of migration, education, business and trade between China and the Territory can best be advanced by harnessing the networks between the Territory’s Chinese community and China. The support for the delegation shown by both the Chinese community in the Northern Territory and the government authorities, businesses and people of the regions visited bode well for stronger relationships in the future.
Time does not permit me to detail all of the events during the week-long visit. This report to the Legislative Assembly is a brief outline of the delegation and outcomes.
Around 80% of business and skilled migration applications coming out of China for Australia are from people in Shanghai, making this striving economy a place of real opportunity for links to the Territory.
The delegation visited Shanghai Normal University where five Darwin High School students and one teacher were halfway through a 12 week exchange. It was great to be able to deliver them care packages from their parents, including much needed Vegemite and Tim Tams. The Darwin High students and the school could not say enough about how valuable they were finding their own experience at the school, and the Territory government will certainly be looking at how Territory students can continue to benefit from exchange programs such as this.
I was accompanied by Mr Barry Berwick, CEO of Darwin Port Corporation, to Shanghai’s Waigaoqiao Port. With almost 50 million containers going through the port in a year, Waigaoqiao is the world’s second largest container port. Whilst this is a scale that is well beyond the size of Darwin, there are certainly valuable lessons to be learnt from this port in the running of the Territory’s facilities.
Around 90 Shanghai-based business people and Chinese government officials attended a business networking function with the Territory delegation during which I delivered a presentation on the Territory’s economy, significant projects and major industries.
Meizhou was the ancestral home of many of the Hakka Chinese and Chinese-Timorese in the Territory, and I am proud to say this was the first visit by a government minister from Australia to the city.
I was pleased to sign a Memorandum of Understanding with the Vice Mayor, Mr Zheng Shaowei, seeking to develop business, trade, sporting, education and migration links between the Northern Territory and Meizhou.
The delegation presented a seminar on the Northern Territory which was attended by more than 100 people, including a large contingent of students studying English. I provided a general overview of the Territory and its economy, the AustralAsia Trade Route and our unique lifestyle.
Delegates Mr Pah-Fong Jong and Mr Kivi Lay outlined the history and contribution of the Chinese community to the Territory. Mrs Kerry Moir from the Department of Education outlined the primary and secondary education system in the Territory and the opportunities for overseas students. There was a great deal of interest in the presentation by Mr Dennis Meehan from Charles Darwin University, particularly on the courses available and job opportunities to which they may lead. Mrs Mary Cunningham from DBIRD offered a detailed overview of the migration criteria and sponsorship requirements for the Territory. The seminar was very successful, and I am sure will lead to many new inquiries on opportunities available in the Northern Territory.
The Territory has a close relationship with Anhui Province, with Anhui delegations coming to the Territory on a regular basis. Mining is a huge contributor to the Anhui economy, as it is in the Northern Territory. DBIRD has been working closely with the Anhui Lands and Resources Department on a series of best practice mine management manuals. These manuals, based on Australian standards entitled Best Practice Environmental Management and Mining were launched by Mr Hu Yu Xiang, General Director of the Anhui Department.
I was also pleased to meet with the Vice Governor of Anhui and join with him in signing a friendship and cooperation agreement between our two governments. Of course, it is not just about business and I am pleased to advise that Anhui has committed a team to the Arafura Games in 2005. I have also just received notice that a delegation of government officials from Anhui will be visiting Darwin in December.
Madam Speaker, as I mentioned at the outset, time simply does not allow me to go into further detail on the outcomes of the delegation. If members of parliament or members of the public would like to know more, I certainly encourage them to contact my office and talk to any of the delegates who participated.
This visit could not have been successful without the support and backing of the Chinese community in the Territory, the delegates who participated for all or some of the visit, and the Territorians at heart who now live in China, including Mr CK Wong and Mr Kong Su Jape. I sincerely thank them for all their efforts and support of the important delegation to strengthen community and business links with regional China.
Mr BURKE (Brennan): Madam Speaker, as the minister would be aware, I have only recently come to this portfolio.
When it comes to speaking on Chinese issues, I feel particularly unqualified when I look at my colleague, the member for Greatorex, who is Malaysian-born Chinese. We are very proud of his parliamentary efforts over many years, which brings me to my first point, and I have discussed this with the Leader of the Opposition: I have no doubt that the mission to China was worthwhile and constructive. I am sure he put an enormous amount of effort into it, as we need to, even though some of these things take a long time to reach any tangible fruition in terms of outcomes.
I give an undertaking that a CLP government would take the opposition spokesmen on these visits. It is important that we all …
When it comes to links with Anhui and Meizhou, they have been there for many years and, as the minister pointed out, a large contribution from those areas have been made by the Chinese population in the Northern Territory.
I made a visit to Shenzen, Guangzhou and Beijing when I was Chief Minister, and I am sure the minister experienced the fact that, when it comes to formal dinners, it can be quite laborious. However, it is important that we demonstrate our recognition of the burgeoning economic capacity of China and the way that can impact on a place like the Northern Territory, and we build on the fact that whilst the relationships and …
Madam SPEAKER: Member for Brennan, your time has expired.
Mr BURKE: … exchanges are small, we can build on those in the future.
Mr HENDERSON (Asian Relations and Trade): Madam Speaker, I thank the member for Brennan for his supportive comments. Yes, the Chinese economy is a huge and burgeoning economy and will be very important not only globally, but to our region. It will create enormous opportunities for the Northern Territory, particularly in investment in the resources sector.
The Chief Minister and the member for Barkly have just made a great announcement in relation to the Bootu Creek development and the manganese that will be going to Chinese customers, so that relationship is strong. It is one to which the government is committed. We will continue work with our Chinese community in the Northern Territory and with members of the opposition. I thank the member for Brennan for his support.
Mr AH KIT (Housing): Madam Speaker, I rise to report on the important work currently under way on public housing in Alice Springs.
Public housing is accessed by many of our fellow Territorians. This includes Territorians on low to middle incomes, community sector industry assistance tenants, those experiencing family and social difficulties, including victims of family violence, people with disabilities, and young Territorians making the transition to rental accommodation. Public housing is for Territorians from all walks of life.
Territory Housing is administered through a Government Business Division, which also has responsibility for enabling people to transfer from public to private home ownership or into home ownership for the first time. In many cases, this involves assistance through shared equity schemes whereby there is a partnership between the government and home buyer entertaining the dream of home ownership.
Many people have been able to realise this dream through HomeNorth. Since its revamp on 1 July 2004, 37 Alice Springs families have been assisted to purchase their homes, with $7m in loans provided. This includes five public housing tenants who are now home owners, bringing to 30 the number that has succeeded in making this transition since November 2001.
In Alice Springs alone, a major upgrade of 34 police houses will be completed by 30 June 2005 at a cost of $1.36m. A further 34 houses for other government agencies have also been upgraded at a cost of $1.36m, a total across these two programs of $2.72m. We are reinvesting into Alice Springs through this and the Urban Renewal Program, creating and sustaining local jobs. This has made major inroads following a long period of neglect of public housing assets. Through the Urban Renewal Program over the last 12 months, $1.8m has been spent on improving the standard of public housing dwellings.
I understand the legitimacy of many of the issues that have been raised by the people of Alice Springs living in private and public housing. That is why we are acting and why we will continue to listen. As a result of my recent visit to Alice Springs, I have accelerated the appointment of security patrols for hot spot areas.
I have pleasure in announcing to the House that Tennant Security Services, trading as Shane Ride Securities, will commence patrols tonight. The new security patrol service will target the hot-spot complexes from 6 pm to 7 am - that is, 13 hours a day. A key feature of the service will be that the complainant will be able to make direct contact with the security patrol officers.
Territory Housing will also continue to work closely with the police and the Tangentyere Night Patrol Service to target hot-spot areas.
We recognise that many of our tenants struggle to maintain effective tenancies. Two additional indigenous crime support officers will be in place by January to assist tenants and, where needed, refer them on to suitable support services.
In addition, we will be using interpreters from the Aboriginal Interpreter Service to assist in seeking solutions to issues of unwanted visitors and antisocial behaviour and avoiding housing problems. A community working group has been established to develop a program for Urban Living Skills. A number of community service providers are represented on this group, and we are developing options that will be practical and useful for our tenants.
The Martin government does not step away from the big issues. A case in point is the Keith Lawrie Complex. Under the previous government, this complex, which has been a hot-spot for antisocial behaviour, would have been sold off, as they did in the last four years of their administration, which removed 1760 bedrooms from public tenancy in Alice Springs.
We do not take this approach; we invest in the future. Through the redevelopment of the Keith Lawrie Complex, due to be completed by mid-2005 …
Mr Dunham: We sold them to Territorians, you goose!
Mr AH KIT: … a complete refurbishment of the 32-two bedroom housing complex …
Mr Dunham interjecting.
Madam SPEAKER: Member for Drysdale, order!
Mr AH KIT: … will result in improved public space and security.
As I said, the problems we are facing are problems being faced by the whole community. The vast majority of problems do not spring from residents, but from unwelcome visitors.
As the member for Greatorex and former housing minister said in this place on 30 November 2000:
Madam SPEAKER: Your time has expired, minister. Before we go on, member for Drysdale, withdraw the word ‘goose’.
Mr DUNHAM: Which one?
Madam SPEAKER: Goose.
Mr DUNHAM: I did not say that.
Madam SPEAKER: Yes, you did. Withdraw it.
Mr DUNHAM: If I said ‘goose’, I withdraw it unreservedly, Madam Speaker.
Madam SPEAKER: You did. There is no ‘if’; you did! I warn you straight off that I am going to pull you up every time you do it.
Mr DUNHAM: I withdraw it, Madam Speaker.
Mr ELFERINK (Macdonnell): Madam Speaker, it is no surprise to me that the minister brings this to the House when I have two minutes to respond to what should be a ministerial statement.
The minister has used this farce of ministerial reports to hide behind so he can kill off debate in this House on what is a vital and important issue to the people of Alice Springs.
The minister was not at the public meeting held at Larapinta despite the fact that he was in Alice Springs the very next day. Why was he not there? So he did not have to listen to people who live around the public housing for which he has responsibility. He did not have to hear about people who cannot get their kids to sleep because they are too scared. There are complaints from people whose children still wet the bed because of the noise and social dislocation happening around them. He also did not want to hear that a fellow who has been working his whole life to buy his own home has had $30 000 of the value of that home wiped off his property because of the decisions of this government.
This minister has chosen to use public housing to deal with an issue that he has in the bush. That is, if there are housing shortages in the bush, he encourages people to come into town.
The opposition makes it clear that if we have miscreant tenants who cannot meet the duties that they have, then we will evict those tenants. If hot-spots are identified, we will unashamedly start selling those properties off until those hot-spots disappear, and use the funds for more appropriate purposes.
Madam Speaker, I could go on for at least an hour on this issue. I have two minutes in which to respond. The minister needs to present a ministerial statement on this issue.
Madam SPEAKER: It is a little unfortunate that the member for Braitling cannot respond as well.
Mr AH KIT (Housing): Madam Speaker, it is not my concern if the member for Braitling is not able to respond to this ministerial report. There is no doubt that there are other mechanisms available to members opposite and Independent members if they want to raise the issue of housing.
I had hoped to hear something really sensible from the shadow minister in his response to my report, but I should not have held my breath.
The seeds of the problems we currently face with overcrowding, often poor conditions and antisocial behaviour, were planted over many years. They were planted, at least in part, by the policies of two current politicians who were ministers for housing, and their current spokesman is sowing the same infertile row.
Under the previous government, a total of 622 buildings were sold off in four years. That is a total of 1760 bedrooms. We are working hard to fix the problem; we are listening and acting. If you want to bring on a debate, I welcome it!
Mr VATSKALIS (Mines and Energy): Madam Speaker, I report on concerns that have been raised in relation to the storage of cyanide at the Mt Todd mine. Mt Todd is a decommissioned mine, with a number of problems which we inherited under arrangements negotiated by the former government when the mine stopped operating in June 2000.
In 2001, the bulk of the on-site equipment was sold by the former lease holder’s administrator to AussieQuip Pty Ltd, which continues to dismantle and remove those items from the site. This process is required to be completed by June 2006, and work is currently proceeding in a planned manner.
Included in the equipment purchased by AussieQuip are three large storage tanks, which were used to hold cyanide for processing gold. Two of the tanks still hold a large quantity of cyanide. In keeping with Australian standards for storing such chemicals, the tanks are contained within a concrete bund wall.
I would like to make it clear that no cyanide has escaped from the storage area. Contrary to some alarmist suggestions, it is not physically possible for someone to turn on a tap and allow cyanide to flow into the surrounding area or river systems. Any spills or leaks are contained within the concrete bund wall, which was built specifically for that purpose. In addition, the site is secure and there are two departmental officers stationed on-site.
The effectiveness of that system was demonstrated in March 2003, when the third tank which also contained cyanide at the time, was found to be seeping a small amount of the chemical into the bund. AussieQuip immediately arranged for remedial work by North Australian Laboratories, which specialises in such matters. The cyanide in the bund was treated with hypochlorite, and the remaining cyanide in the tank was pumped into the two other tanks. The site was fully tested and declared clean.
At the same time, North Australian Laboratories scientifically measured the amount of cyanide in the two tanks at 794 000 litres. Since then, the tanks have been regularly monitored and there have been no leaks.
The site was inspected last week by officers from my department, and they have confirmed that there is no evidence of cyanide outside the tanks, and that it is correctly stored in accordance with Australian standards. In addition, visual checks of the tanks’ content confirm that both tanks remain at near full capacity. A scientific survey will be conducted within the next week to confirm the exact volume of cyanide in the tanks.
My department is also negotiating with AussieQuip to determine the most effective method of disposing of the cyanide, and this includes chemically destroying and neutralising the cyanide on-site.
On-site water management has also been an ongoing issue because it is simply not possible to store all the rainwater that falls on the lease in the Wet Season. To minimise the impact of run-off, storm water from critical areas is drained through a series of retention ponds. To maintain the integrity of those structures, some water is released from the pond during the Wet Season. This is done under a Waste Discharge Licence issued by the Department of Infrastructure, Planning and Environment.
I am advised that, from time to time, threshold levels for the receding water of 10 parts per billion of copper above natural back-up levels have been exceeded, but the rapid dissipation of the released water has negated any impact on the integrity of the Edith River ecosystem, which is monitored down stream from the mine by my department. My department will also be establishing an additional monitoring site on the river to provide even better information on the status of the ecosystem.
The traditional owners of the area, the Jawoyn people, are concerned about the rehabilitation and future use of the site, and government shares those concerns. I have asked the department to identify and propose for the government’s consideration the options of determining how the site might be managed in the future. That will allow us to make considered decisions on the basis of facts rather than emotion and hearsay.
Mt Todd is not a pretty site. The fact is government should never have been put in the position of managing what is a private sector responsibility. The government’s role is to regulate mining sites, not to operate them. However, in view of previous decisions, which now see this government burdened with that role, we are working closely with AussieQuip, the Jawoyn and other stakeholders to manage the site in the most responsible and practical manner possible.
Mrs MILLER (Katherine): Madam Speaker, Mt Todd, when it first opened, was the cause of great excitement to the Katherine region and provided a lot of work for local people. It made a huge difference to the region and, when it closed, it was almost a disaster, economically, for Katherine.
The mining company claimed it had gone broke, left Australia and left a huge fiasco. There is a hell of a mess that needs to be cleaned up at Mt Todd. About 12 months ago, I went out to have a look at the site and it is a disaster. It poses a major Wet Season risk and we have already had quite a bit of rain in that area. The environment and down stream area need to be cleaned up. The communities that are going to be affected are of major concern, and of course, are making inquiries with us already as to what we are going to be doing.
My question is: what is the government going to be doing? There is a very serious risk of cyanide, heavy metal and acid water pollution. I would like to know what this government is putting in place to ensure the safety of down stream.
Mr VATSKALIS (Mines and Energy): Madam Speaker, I thank the member for her comments. I agree with her that Mt Todd was and is a disaster. The government has been trying to sort out the mess that the previous government left us.
I want to ask the question: why were the Mt Todd operators, with Mt Todd’s known geology and potential problems with the site, asked only for an environmental bond of $900 000? Alcan and Newmont in the Tanami had to put up an environmental management bond in excess of $20m. Why was Mt Todd given such preferential treatment by the previous government when they knew very well the geology of the place? This government now has to face the problems created by the previous government. We have to pay for it. Every Territorian has to pay to rectify the problems at Mt Todd.
My prediction is that it is not going to be $20m to rectify the situation; it is going to be much more. This is because you did not take appropriate action at the time you granted the licence.
Dr TOYNE (Health): Madam Speaker, I rise to provide a ministerial report on BreastScreen NT services. The Territory opposition raised scurrilous allegations over the closure of the BreastScreen service in Darwin during December 2004 and January 2005. These concerns are ill-founded, and have had the resultant effect of causing anxiety and confusion in the community. So great is that anxiety that BreastScreen NT has been bound to put an advertisement in Northern Territory papers to reassure and to provide accurate information to Territorians about this service. The advertisement was placed in Northern Territory News on 23 and 27 November and it is in today’s Centralian Advocate.
I encourage the opposition Health spokesperson to request briefings when she is uncertain of specific health issues rather than cause unnecessary public confusion, anxiety and concern.
The cause and prevention of breast cancer is not fully understood, and early detection is the best means available to treat cancer and reduce mortality. Screening mammograms are only one method of detection. Others include clinical examination and breast awareness.
BreastScreen NT has been operating as part of a national approach to early detection of breast cancer since 1994. It is an evidence-based population screening program. BreastScreen NT provides free BreastScreening for women between 50 and 59 years who have no breast symptoms or concerns. Women aged 40 to 49 and over 70 years can have a screening mammogram with BreastScreen NT every two years if they want one, although there is no strong evidence to show that screening is an effective tool in finding early breast cancer in these age groups.
Screening is based on a two yearly cycle, and women screened in 2002 are invited to participate this year. Other women in this target age group who have not previously undergone breast screening are also encouraged to attend. Screening takes place in Darwin all year except for the Christmas and New Year period. Many BreastScreen NT staff take annual leave in the quiet Christmas and New Year period so that the screening program is not disrupted in the busier parts of the year.
Since the program commenced many years ago, screening has always ceased over the Christmas period. This year, screening will not be conducted from 22 November to 14 January 2005. Other states also cease screening or reduce to minimal the services offered during this time.
The national accreditation standards for breast screening have an allowable tolerance of three months either side of the woman’s due date for recall. There is no risk arising from the unavailability of screening services over the Christmas period.
Screening takes place in Alice Springs during screening blocks. Alice Springs has received two screening blocks this year and it is planned that three screening blocks will be provided in 2005. The annual number of women screened in Alice Springs has remained relatively stable since 2001. Alice Springs has continued to receive a high quality BreastScreen service.
A visiting BreastScreen service travels to Tennant Creek and Katherine annually and to Nhulunbuy every two years to provide this service. Women from remote communities are included in publicity campaigns and direct mail-outs.
Annual screening results have remained stable since 1999: 4067 in 1999; 4148 in 2000; 4416 in 2001; 4166 in 2002; and 4548 in 2003. Data has not yet been compiled for this year. Of these numbers, approximately 1000 women are screened annually in Alice Springs.
There appears to be some confusion from the opposition about breast screening services and diagnostic services for women with breast symptoms. If a woman has a lump or any other breast symptom or change, she should see a doctor without delay rather than contacting BreastScreen NT. She will be given a referral from a doctor and have a diagnostic breast X-ray to diagnose breast symptoms. The diagnostic services are provided by private imaging facilities for the two larger Territory hospitals. Diagnostic services are available all year round to women of any age, and a Medicare rebate is available.
Madam Speaker, I call on the opposition to be a bit more responsible when they handle public health issues such as breast screening.
Ms CARNEY (Araluen): Madam Speaker, I admire the minister’s courage by talking about what he has, but that is about it. What he said completely misunderstands and demonstrates his misunderstanding about the importance of early detection of breast cancer.
Much of what the minister said cannot be taken seriously, in particular: ‘come and get a briefing’. Well, I did try to get a briefing on 26 October. One hour I was given for health. Where are we? It is 30 November and I have 21 questions still unanswered despite requests for him to do so.
Only this morning I received a response to a request 10 days ago for a briefing about his media release in relation to midwives. You tell me to get a briefing – you give me one!
In relation to BreastScreen NT, minister, in August 2004, you received a letter from a group called Bosom Buddies, a support group for women with breast cancer in Alice Springs. In the letter, which you have, they say, amongst other things:
These women have not even received a reply to this letter. The fact that you stand here today and say: ‘We have put an ad in the Centralian Advocate today’ is a joke. How dare you treat the women of Alice Springs with this sort of contempt.
I remind members of the government that in March 2002, the previous Minister for Health was asked whether she knew that BreastScreen NT was closed from November to late February. She said she knew it had been and that she would do all that she could to ensure that it did not happen again.
It has happened again, and the blatant hypocrisy of the Chief Minister, who shamelessly laps up the publicity in a calendar that is all about the early detection of breast cancer, stands there, says nothing, and allows the Minister for Health to perpetrate this nonsense about causing distress in the community. Well, if any distress has been caused, you have caused it, and you should pull your finger out and fix it.
Mr HENDERSON: A point of order, Madam Speaker!
Madam SPEAKER: Member for Araluen, withdraw that remark. It is unparliamentary.
Ms CARNEY: I am sorry, Madam Speaker, I withdraw that.
Dr TOYNE (Health): Madam Speaker, I remind the member for Araluen that the ultimate form of contempt you can show for Territorians is to deceive them in the way that …
Members interjecting.
Mr DUNHAM: A point of order, Madam Speaker! How dare you make the assumption the member’s contribution was deceptive.
Madam SPEAKER: Yes. Minister, withdraw that. You cannot say that. Withdraw it.
Dr TOYNE: Madam Speaker, I withdraw the word ‘deceit’. I will not withdraw my description of the activities of what the member for Araluen has been doing. She has not been presenting an accurate picture of breast screening services to the electorate.
Mr DUNHAM: A point of order, Madam Speaker! He cannot continue to claim that my colleague has been deceptive.
Madam SPEAKER: Minister, rephrase your comments.
Dr TOYNE: I have said, Madam Speaker, that she is not presenting an accurate picture of the services available to Territorians in this area of service delivery. That is not advancing the cause of public health one iota in the Northern Territory. We are not going to get anywhere with the opposition playing this sort of politics with women’s lives and concerns. She will be judged by what she has done on this issue.
Reports noted pursuant to Sessional Order.
Madam SPEAKER: Members, I will not accept you pointing fingers across the Chamber. When you speak, make it statesman-like, if possible.
Continued from 13 October 2004.
Mr MILLS (Opposition Leader): Madam Speaker, the opposition supports this amendment. I understand it is an extension of a mechanism to amend the Land Register by 12 months as negotiations continue.
Ms MARTIN (AustralAsia Railway): Madam Speaker, I appreciate that the Opposition Leader kept his comments very short. It is a simple amendment that extends the time to amend the Land Register, which is for access and easements for electricity and water for the railway line.
Access and easements were put in place before the construction. As has been shown over the time the rail has been operating, those easements need to be adjusted. That is a process we are working through with private land-holders. We allowed 12 months for that to happen. All those negotiations have not taken place, so it is a logical amendment to have the sunset clause extended by another 12 months to 15 December next year.
I thank the opposition for their support on what is a very simple amendment to the AustralAsia Railway (Special Provisions) Act.
Motion agreed to; bill read a second time.
Ms MARTIN (AustralAsia Railway)(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 14 October 204.
Mr MILLS (Opposition Leader): Madam Speaker, this bill takes me back just shy of 12 months when the first shot was fired in this political battle, and the Prime Minister made his grand statement with regards to superannuation, which flushed out Mr Latham who charged out, after a bit of consideration, and made a matching comment.
All the while, in the Northern Territory, we were mindful that this Chief Minister was preparing to present this to the Northern Territory community, and was rather slow in light of the Prime Minister’s statement and the subsequent response by Mr Latham. Then there was a response from the opposition and, finally, a response from the Chief Minister. It is in looking at this, all that comes back to me.
The opposition has weighed up this bill. There was initially a concern about the definition I of a member being re-elected. We understand that has been clarified. I seek an assurance in the Chamber, Chief Minister, that the matter of definition has been clarified. Also a comment on mechanisms that you have in mind for addressing the two-tier system when there are new members who will enter this Chamber, and probably at this time next year they will be standing here. Could you give us some understanding as to the system that will operate for those new members? With those few comments, the opposition supports the bill.
Ms MARTIN (Chief Minister): Madam Speaker, I thank the opposition for their support and would like to put on the record the sequence of events.
Rather than, as the Opposition Leader said, this being in response to the national debate just under 12 months ago, we indicated in the lead-up to the last election, and I think our commitment was made in about February or March 1999, that we would look at the superannuation arrangements for members because of the cost to taxpayers and because we thought that superannuation should be more in line with what ordinary members of the community receive.
In early 2002, within six months of being in government, I announced that we were undertaking that review. Former Under Treasurer, Ken Clarke, undertook that review for government, and there was a lot of detail examined. The national debate happened while our review was going on. I will say that the review took some time because any changes would be effected after the next election, and we were busy doing a lot of other things, but the review kept moving along.
In February, I tabled the outcome of the review in this House and sought response from members. I thank the member for Nelson for his response. Sadly, we received no other response. We waited for a number of weeks. We contacted the opposition and said: ‘Have you a response?’ No response at all! We were very disappointed that we received no response from the opposition. I would have thought at least there would be some commentary on changes to the superannuation scheme that were being proposed. We waited, and we heard nothing.
I am pleased that we have support for this. As members understand, there will be no changes to current members of the LAMS scheme. For all those sitting in the House, as applies to other schemes around Australia, those who are currently entitled to the benefits of the scheme will remain in the scheme. One of the bills before us today closes that scheme, so there will be no new entrants to the Legislative Assembly Members’ Superannuation Scheme. The new scheme to be introduced is the Contributions Bill, and that is in line with what has happened in other parts of Australia and what is in keeping under the federal government’s Superannuation Guarantee. That is a 9% contribution of basic salary and additional salary if you are a minister, and the ability for up to a 50% salary sacrifice for new members.
It is a scheme that is in keeping with those available to the general community. When the Opposition Leader said that they had weighed up the bill, I hope that meant there was a reasonable examination of what is before us because we were disappointed that there was no response in February.
When I consider that under the previous Chief Minister, the member for Brennan, we as opposition were attacked for daring to suggest that we should have a scheme in line with community expectations, there seems to have been a turnaround in the CLP ranks in relation to support for what we proposed. I remind the opposition of the vehemence that was rained down on the then opposition about daring to say that we should look at a new scheme.
In terms of clarification, I believe in briefings, and I welcome the fact that the opposition did seek briefings. There was a clarification sought in relation to section 27A of the Scheme Closure Bill and that has been sorted through with the opposition, and your reference to section 15 and how that defines who is eligible.
The two-tier system is an issue being faced with benefits for current members as opposed to those for new members after the next election. As members know, our salaries are in nexus with the federal parliament. We understand that the federal parliament will be looking at the difference in the two tiers. Once we are informed of that, we will be able to assess what may need to be changed at a local level.
Currently, we are closing the LAMS scheme; we are introducing a new Contributions Bill, and we will wait to see what happens through the federal system in the difference between those currently in the federal parliament superannuation scheme and those new entrants in to the parliament since the 9 October election. We will look closely at that when they do that work federally.
I thank the opposition for their support of these two bills. It will be welcomed by the community that the superannuation options currently applying to members will not change for sitting members, but new members will be more in line with community expectations. These two bills represent this government delivering on a commitment.
Motion agreed to; bills read a second time.
Ms MARTIN (Chief Minister)(by leave): Madam Speaker, I move that the bills be now read a third time.
Motion agreed to; bills read a third time.
Continued from 14 October 2004.
Dr LIM (Greatorex): Madam Speaker, I join with the minister with a couple of comments. There is no reason for me to go through the history, which the minister did well in his second reading speech. Suffice to say that the previous government closed off NTGPASS in 1999, but with the slight doubt that current employees might be considered still eligible following issues raised by the unions. The government has decided to formally close off the potential loop hole through legislative change.
The opposition supports this process and the government formally funding a test case in the Supreme Court so that we are quite clear as to the eligible employees. There is no issue from the opposition in this regard. We support the government entirely on this amendment.
Mr STIRLING (Treasurer): Madam Speaker, I thank the opposition spokesman for his support. He accurately described the situation when he used the words ‘slight doubt.’ That is an accurate description of the circumstances that confront us now. Whilst that doubt, however slight, exists, so does the potential for someone into the future, maybe many years hence, to raise these matters. Who knows? If a case got up, it would be at great cost to the government of the day to cover all of the costs going back if the scheme was in fact found not to have been closed validly.
The effect of this bill is to remove that slight doubt. In relation to property acquired, the test case will test that. The case will be funded by government in conjunction with the CPSU. The parameters for the case are very clearly defined and will further put to rest any doubts around moves to close the scheme back in 1999 and any questions about just terms compensation.
I thank the opposition for their support of the bill. It is the clearest way for certainty on this. Once the bill is in force, and then later on in the compensation, once the test case has been worked through and a result known, everyone can be comfortable that everything is as it should be.
Motion agreed to; bill read a second time.
Mr STIRLING (Treasurer)(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 14 October 2004.
Ms CARNEY (Araluen): Madam Speaker, I can indicate to the Attorney-General that we are supportive of this bill.
I took the opportunity during the last sittings of criticising, justly, parts of a second reading speech presented in relation to another bill. If something is not right or it warrants criticism, I will not hold back. Equally, in the case of an excellent second reading speech, I am the first person to compliment the author of it. I thank the author because this second reading speech very neatly outlines why it is that the government brings this bill to the House. There is not a lot of point in me rehashing parts of it because, appropriately, it has all been said.
I understand that interested parties and stakeholders are also supportive of the bill, particularly the TCA. I note, however, that the Law Society maintains some concerns it has about the adjudication provisions contained within the bill. The Law Society feels that there is a shortage of appropriate people in the Territory and, for the system to work effectively, more resources have to be provided, such as, for example, enabling people to be brought from south with a view to training Territorians.
I note that the Law Society has maintained these concerns, that it made a submission to government and that at a meeting of the Law Society a week or so ago, it still has these concerns. So the concerns have not been addressed. I would be grateful if the Attorney-General in his reply would try at least to allay the Law Society’s concerns and those that I share with the Law Society. Having said that, we support the bill.
Dr BURNS (Lands and Planning): Madam Speaker, I am pleased to support the Construction Contracts (Security of Payments) Bill. It is a critical step in government’s reforms of the building industry. The package of reforms, and this bill in particular, will bring enormous benefits to subcontractors and employees in the construction industry.
We know that the economy of the Northern Territory is doing particularly well at present, and the latest Sensis report bears that up. Anecdotally, I have confirmed this from talking to many people in the construction industry. They are absolutely flat out so there is a lot of building activity going on.
We are all aware of past years, though, with the collapse of building companies and Di Mella Homes in particular, leaving some subcontractors, all of them small businessmen, in the lurch, some of them $30 000 in the red. For a small business, that is a lot of money. Basically, this is an issue that needed to be addressed because there was an attitude of you-will-get-paid-when-I-am-paid by some of the principal contractors, and sometimes those principal contractors were not getting paid for whatever reason, sometimes they went bust, sometimes there were claims on the property on which the construction was taking place, and it all became very messy.
Another important element is the consultative manner in which this government has approached issues in relation to reform within the construction industry. Later today we will be talking about builder’s licensing and indemnity insurance. That was the subject of discussion in what has become known as the Construction Industry Reference Group, a group I commend for their efforts. They have worked very well over the past year or so. There have been differences of opinion within the group, and with government, but generally there has been an understanding and willingness to talk through the issues confronting the construction industry, and the necessary reforms that are required for the construction industry to move ahead in the Territory. That is what this government is all about: moving the Territory ahead. The Territory is moving ahead under this government in a fantastic way, and we are very proud of that. We will build on that.
Just for the record, I know the minister, in his second reading speech, drew attention to who was on the Construction Industry Reference Group: the Territory Construction Association; Construction Accreditation Limited, or CAL as it is commonly known; the Construction, Forestry, Mining and Energy Union – and they have made a particularly good contribution to the group, and I commend Didge McDonald and Joe Gallagher for their contributions. Much wisdom has come out of this group from partnership with the union. Something this government is proud of is the fact that we listen to the unions. I am proud to say that I have been a unionist for most of my life, and I will continue to be a unionist because I am very proud of it. I come from a family of unionists, but I will not speak about that today.
Mr DUNHAM: A point of order, Madam Speaker! Maybe I am missing something, but I am trying to find the relevance of the minister’s union membership with the bill before us.
Madam SPEAKER: That is a good point. I am sure the minister is going to elaborate on why he has introduced this into the debate.
Dr BURNS: Madam Speaker, I thank the member for his point of order, but I was drawing attention to the fact that this is a government that consults right across an industry sector. We do not exclude unions from our consultation, which, if you talk to unionists, was the practice under the previous government. We enter into constructive dialogue with all segments of the industry. I hope that clarifies it for the member for Drysdale.
Of course, representatives of builders, the Australian Institute of Building Surveyors, the Housing Industry Association, which played a particularly constructive role in these discussions, and the Civil Contractors Association, a relatively new group that were welcomed to the industry reference group.
I also pay due respect and compliments to officers of various agencies that were part of the Industry Reference Group: the Commissioner for Public Employment; the Department of Justice; the Department of Infrastructure, Planning and Environment; the Department of Employment, Education and Training; the Department of Business, Industry and Resource Development; and a member from the Building Practitioners Board and the Building Appeals Board. It was a large group, but it worked very effectively. It was my pleasure, along with other ministers, to attend various meetings of the reference group.
The Construction Contracts (Security of Payment) Bill will ensure a proper payment scheme in accordance with contractual terms between principal construction contractors and their subcontractors, with a rapid adjudication system where disputes arise. The new legislation will streamline payments for subcontractors, and contractual provisions that delay or stop the movement of funds down the contracting chain will be prohibited.
As the minister pointed out, along with this bill is repeal of the Workmen’s Liens Act that dates back to 1893. Under that legislation, often titles would become encumbered by liens and disputes proceeded slowly through the courts. Basically, landowners could be sidelined while there was a dispute between a principal contractor and a subcontractor, and it was all quite elongated and messy. The bill before us today seeks to streamline the processes to ensure that the flow of money according to the contracts that are entered into.
Even if there is a verbal contract, the bill has covered that in that there has been agreement through the industry reference group about what represents a reasonable contract. Those rules will be applied within the adjudication process if there is a dispute. In the event of a dispute, there will be qualified experts who will be registered, and they will be available to adjudicate.
The legislation provides a fair go for all employees in the construction industry, and we believe it is about time, too. The legislation covers mainly civil construction works, however, it will also apply to reclaiming land, installing and removing equipment, supply of goods and services to construction sites, and supply of professional services such as architects and engineers. It will exclude drilling works; that is more in the mining sector. There are some exclusions but it generally applies to the construction sector.
I have already mentioned the practice of people saying: ‘You will get paid when I am paid’, which is a system that can no longer apply. The situation of subcontractors not being paid if the contractor himself has not been paid is no longer on. We are expecting principal contractors to pay their subcontractors. The process has been designed to be simple, cheap and speedy. The most significant element of this legislation, and, indeed, the government’s construction industry reform, as I have said before, is dependent on a very consultative process.
The bill, as the opposition has also acknowledged, enjoys fairly universal support. There is no argument in the industry when it comes to ensuring a fair go for subbies in getting payments that they are rightly owed. There is very little that I can say in addition to what my colleague the Minister for Justice and Attorney-General has already said. I commend this legislation to the House.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I thank the opposition for their support of this bill; it certainly will create benefits for the industry. You could say that it is like unblocking the arteries; it will allow payments to flow through the industry and protect the interests of those who are often at the end of the payment chain so that we are not seeing some of the injustices that have occurred in the Territory in the past. It also prevents the issues of payment blocking up the issues of ownership of property by the use of liens. Quite rightly, it has fairly wide support within the industry.
Dealing with the one point that the member opposite made about the Law Society’s concerns about the availability of adjudicators: yes, we will watch that very closely. Clearly, we would hope that this will be used very rarely, but if it is used and there is a big collapse and there may be a lot of work needed, we will have to look to see that the process is appropriately resourced and respond if we need to by either sourcing people from interstate or having people trained in the Northern Territory. Generally, I have made undertakings in this House on all legislation I have introduced that we will constantly review its operation and I am prepared to introduce further amendments if necessary.
The second reading speech foreshadows that there will be further legislation introduced in respect of repeal of the Workmen’s Liens Act because there are some processes in that act that we want to reshape against subsequent legislation such as the Uncollected Goods Act. We will introduce an amending bill some time early next year, certainly before this act commences on 1 July. We will have the full package in place before this becomes law. That was foreshadowed in the second reading speech. I will certainly provide information to the opposition and other members as soon as we have settled the contents of the amending bill.
Madam Speaker, with those few comments, we will move on.
Motion agreed to; bill read a second time.
Dr TOYNE (Justice and Attorney-General) (by leave): Madam Speaker, I move that the bill now be read a third time.
Motion agreed to; bill read a third time.
Continued from 14 October 2004.
Mr DUNHAM (Drysdale): Madam Speaker, the last bill we discussed was a lift from Western Australia. We have before us another bill that seeks to do things here because it is done elsewhere. In the case of this, there are some very compelling reasons why we should look to register builders. One is that it was a commitment by the Chief Minister, and that is in the second reading speech, that some of the problems of the past would be remedied with a bill of this type; second, there are many people in the building industry calling for it; and third, it may go some way to protecting consumers, which, of course, is the most compelling point of introducing legislation of this type.
The minister, in his second reading speech, talked about the tragedies, and I quote here:
So it is his intention, with a legal instrument of this type, to remedy the problems that came from the collapse of those companies that were mentioned. He went on to talk about consumer protection being provided by home builders that are qualified, experienced and competent.
I could point out to the minister that Bayview, Pricemaster and Di Mella were qualified, experienced and competent. In fact, one of the reasons I know that is that one of those companies built my home. Their collapse was for reasons other than their experience, qualification and competence. Therein lies the problem because the industry has called for portability of these registration devices so that they can go to other states, parade their Northern Territory-recognised registration and be automatically accepted in other jurisdictions as having the competence that they require through their own legislation. It has also seen that this legislation will totally get rid of any problems such as befell Pricemaster, Bayview or Di Mella and because of his extensive consultation, everyone will be happy.
Unfortunately, I do not believe that to be the case. Notwithstanding that, the opposition is of a mind that the government should be given the latitude to implement this device. We would have been looking at similar, though different, legislation from a different point of view.
Nonetheless, the minister has said that with the passage of this bill, those problems will be behind us. We think that is a pretty long bow, but we are quite happy for the minister to use that as the basis upon which he will be judged for the efficacy of this legislation.
Builders’ registration is principally a licensing scheme whereby anyone who wants to set up shop can meet certain minimum qualifications to satisfy the consumer. Obviously, this will be contingent on the complexity and variation of the works outlined. The minister has limited the bill. It will not be, for instance, for works under $12 000, they will be excluded; neither will it be for buildings over three storeys or for units. His rationale for this is that under $12 000, there is plenty of small stuff that can be done and he did not want to inject a level of bureaucracy into that. The bigger buildings are big enough to be able to look after themselves through other processes, for instance a court process, and for home owners, they would have to do a little short ticket of a couple of weeks duration. I assume that 101 Home Building would be something like: ‘Are you sure you want to do this?’, because for a home owner-builder, it would give them the facts of life about indemnity, sub-contract law and various other aspects.
If our intention is to ensure that practitioners are appropriately qualified and able to do the work, there is definitely a period with the implementation of this bill where there is a need for some vigilance on behalf of government because essentially, every player out there will get his licence and a look back will take place after a couple of years to see whether they did the right thing.
Essentially, if the government is of the view that there are plenty of pirates out there who need to be kicked out of the industry, and that has certainly been some of the rhetoric that the minister has come up with, he is …
A member: Wrong.
Mr DUNHAM: Wrong? Well, okay, if there are no pirates out there and if industry is going along well, there is no need for a bill of this type. There has certainly been some public commentary about some of the players that are in the game and whether they are competent and capable, and many of them would become below the benchmark set by Pricemaster, Bayview and Di Mella, all of which were collapses.
If that is the case, this grandfathering or this period of transition to a fully registered scheme is a little bit problematic for government because it is going to require people who have those three elements, they are qualified, experienced and competent, but they may not reach the high standards required for registration. Given that this is going to be different from the CAL scheme, the contractor accreditation scheme, it could well inject another level that some of these builders cannot meet.
The other thing that should be pointed out for this government that is very keen to make sure that if something happens elsewhere, it has to happen here is that these acts have had very mixed success in other jurisdictions. Apart from Queensland, which has a very bureaucratic and one could say expensive capacity to look at this, most of the others have had some serious cracks with these legislative regimes and most of them have only been papered over. To assume that you can introduce legislation of this type and that you will never have problems, one only has to visit recent media reports over the last several years from Victoria and New South Wales to see there has been some spectacular problems.
The reality is that while you can have qualified builders and a benchmark to ascertain whether they are qualified, it does not prevent unscrupulous practices or shoddy workmanship. A very well qualified builder can still produce shoddy work and can engage in unscrupulous practices. These are at the foundation of consumer disquiet. You can have someone with a PhD in carpentry who can still produce a building that you are not satisfied with as a consumer.
The remedial action, too, is an issue of concern, and that is having had someone build something that you do not like, the remediation steps have to be spelt out, not only for the consumer, but for the subcontractor and the person responsible who is going to be the person who is certified as the builder. It has to be set out in a way that makes sure that the consumer is not subsidising shoddy workmanship so if there is a muck-up, and if there is a scheme that is going to pay out, and it is an insurance scheme, you have to be very careful that it does not get a hit and run approach to it where some bad builders come to town with bad practices, leave, and then those doing the right thing find that their premiums, and their sinking funds and their practices that have contributed towards remediation work have not been hit to subsidise their competitors that have come and undercut them.
The other thing is that subcontractors are not covered by this, so it would appear that it sits with the bloke who is supervising the work. Most of the word around town, if you talk to builders, is about the bloke with the ute, the dog and the toolbox. That seems to be a big issue; there is a very highly mobile force of subcontractors, highly skilled, often come from elsewhere, but to pursue some of the work that these people have left behind has been very difficult in this place. In other places, where you have had a very stable work force amongst your tradies, it has not been as difficult, but I suggest that up here, we have had a history of it. It is not something that I am objecting to because it is a great thing to get qualified tradies coming to this place. Many of them stay and became successful businessmen, and we know the names of them. Many also are required. So if there are a couple of hundred electricians sitting twiddling their thumbs in New South Wales, we would love them to hop in their utes and come up here. The issue is not the fact that they are mobile; the issue is that there is a uniqueness, sometimes, about Territory circumstances, where it is fairly difficult to borrow from other jurisdictions.
The other thing about registration schemes is that often the problems come because of liquidation, the death of the builder, or an absconding builder. They are issues that do not go to qualification, experience or competence; they go to financial competence or financial misjudgement. There are stock exchange listed companies that have financial problems befall them. It is not an unreasonable thing to expect that a builder could go into liquidation, they could abscond, they could die. They are three factors that often attend upon unsatisfactory work for consumers.
There are definitely issues with remediation regarding insurance products that are available, in terms of how those products would be dispensed. Again I point the minister to interstate examples where, having had the problem, notwithstanding the licensed accreditation of the builder, there has been great difficulty in accessing these schemes to get the final product done. Access to the scheme is also a big issue for consumer confidence. I hope the minister can spell out the fact that all of those links are evident in his proposal.
In summary, it is the government’s call to introduce a scheme of this type. We would not be including elements of this type, neither do we see this debate as the time to spell out where our differences would be. Suffice to say, give it a shot. If the government believes it will clean up all the problems in the industry, they have several months to the next election. We hope and pray that there will not be any problems in the building industry. In the event there are, let us see this thing on foot, let us see how it works and, if we are proven to be wrong, we will be very pleased to be wrong, that a bill of this type has had the effect that it satisfies the Chief Minister’s lofty ambition of making a commitment to provide protection for home buyers. If this protection is flawless, we will readily stand and applaud the government. In the event that it is not, we will do as we always do: review it on a pragmatic basis to make sure we come with something that does.
Mr ELFERINK (Macdonnell): Madam Speaker, I reinforce some of the comments made by the shadow minister in relation to this issue. Basically, this bill attempts to provide consumer protection. That is essentially what this bill is about. It is worthwhile to examine the thrust of the bill and peruse the second reading speech to inquire as to exactly what the government is trying to achieve and what steps they are taking.
I have no intention to oppose this bill, but it is worthwhile to visit some of the elements of it. The flavour of this bill is such that it is trying to provide a wall, if you like, between shonky operators and consumers.
We have seen several building companies roll over and die in the Northern Territory for various reasons; more often not financial reasons. It is my understanding, on a cursory examination of the bill, that the companies that have rolled over and died would, in every likelihood, have qualified as builders under this bill.
The question is: to what degree do you want to try to protect consumers through this sort of regime? What you are trying to do is basically step in and create a licence. I have a licence to drive a motor car. To that end, I have to prove to the Registrar of Motor Vehicles, and, ultimately, the minister himself, that I am capable of driving that motor car. I am then given a licence to drive upon the road for which the taxpayer pays. Similarly, what this bill is trying to achieve is to create a system where there is effectively a licence given to a builder to build.
As we all know, not everyone who obtains a driver’s licence adheres to the law. Quite regularly, we see people breaking the law. The experience in other states, as I understand it, has been that people who have held licences in the building industry have not always upheld the law. We then come to the next question: how deeply do we want to penetrate into the licensing process as a government? If we take the analogy of car licences even further, in other states where they are increasing penetration, if you like, by governments into what people do with their driver’s licences, certainly, the regime of obtaining a driver’s licence in the Northern Territory over the years has become more and more strict. We have seen the offences policed more tightly, and the testing processes are more rigorous than they have ever been.
If you draw that same parallel to the building industry and develop a system of builders’ licensing, you then ask yourself how deeply government is prepared to penetrate to make sure that there are no offences committed. If you examine this bill, it is fairly cursory in its attempt. Basically, there has to be some sort of declaration that there is a certain amount of liquidity in the building company itself; therefore, it is able to protect its assets through a certain amount of liquid cash, and protect consumers by being able to draw on those assets. The process is not entirely clear to me. How that is going to be done? Is there going to be an independent audit of the building company? In that case, before a licence is issued, do the auditors go in and review the books of the company, or is it done by a system of declaration? Ultimately, is it easily possible for a company, depending on the depth of the auditing that goes on, to create a paper wall in front of the auditors to say: ‘Yes, there is certain amount of liquidity there.’? I question how deeply government is prepared to penetrate.
In the second reading speech, the minister talked about schemes elsewhere. In Queensland there is a re-insurance process through the government whereby they give certain guarantees to customers of building companies that there will be a softer fall if the whole thing should fall over. However, the minister said that the government has consistently given assurances that such an insurance scheme will not be commenced until suitable competitive products are readily available in the Northern Territory. What we have is the government saying we are going to develop a licensing process but we are not really going to underwrite it until we can find a product and there is no guarantee as to when that product will be available and what that product will look like.
The government is trying to play a balancing act here. We intrude to a certain degree and we will see how we go. We intrude to a certain degree and hopefully it is not too onerous on the building industry and they will be happy with it and consumers will at least have the sense that they are protected. However, the ability for a government to control private companies is limited and if they try to increase their control of private companies, you have a certain amount of resistance.
My former father-in-law is a painter and decorator and lives near Atherton in Queensland, in Yungaburra. He has to hold something like 20 individual licences to be a painter and decorator over there and he resents that level of penetration into his job. He spends more time answering questions from various government departments than he does on the job site. He finds it an extremely frustrating process and I cannot say I particularly blame him. However, because the Queensland government chooses to pick up a certain amount of liability, their levels of control are much greater than what is being proposed here.
In short, as I said, I do not oppose this. I simply flag some words of caution into the future. If we do go down this path and remove the risk from the customer – and ultimately, the only place that risk can go is to government - then you are going to see greater and greater penetration into the building industry in policing and regulation, and that will lead to some resentment.
The other thing is of course it needs a bureaucracy to police it. Every law that we pass in this place needs someone to police it, otherwise it is not worth the paper it is printed on. Our experience of the pool fencing legislation demonstrated that people who are supposed to apply regulations do so historically quite fastidiously. In the current environment of liability and such things, you know why they tend to do that as well.
Mine are words of caution. I am certainly not standing in the way of this. However, I do feel that the government would want to be mindful of these issues should they be dissatisfied with what they have in front of us now and choose to go down a more rigorous path because they are playing is a balancing act. Ultimately, I not only feel for customers but also the industry itself, which has to service those customers. I would hate to see an environment evolve over time where only the big players can really get a guernsey because the small players are weighed down too heavily by excessive regulation.
Debate suspended until after Question Time.
Madam SPEAKER: We have a number of visitors with us today, honourable members. In the Speaker’s Gallery, accompanied by Ms Joy Kuhl, are students from the University of the Third Age. On behalf of all members, I extend to you a warm welcome.
In the other gallery, we have St John’s College GAP students. The students have finished Year 12 and have yet to start university. These students are Eva Backes from West Germany, Kristin Dietze from East Germany and Christopher Ennis from the United Kingdom accompanied by Ms Geraldine O’Neill. On behalf of all members, I extend to you a warm welcome; it is nice to see you here.
Members: Hear, hear!
Continued from earlier this day.
Mr WOOD (Nelson): Madam Speaker, whilst I welcome the general thrust of the bill, especially the home warranty insurance, which is long overdue, I do have some concerns about what is not in the bill. I refer especially to the minister’s words when he talked about the recommendations this government has not agreed to, that the remaining recommendations are generally related to expanding the registration system to include others in the building industries who are not the principal residential building contractor. The minister is saying trade contractors will not have to be registered.
Referring to the second reading speech, the minister said that renovations such as re-roofing, bathroom refurbishment and extensions below a certain amount, that is $12 000 proposed at this stage, will not have to be registered. Minister, you say that the primary issue is consumer protection, but, surely, by exempting trade contractors, you have only protected some consumers? Are not all consumers worth protecting? If I own a house in Casuarina near the sea and the roof is getting a bit rusty and needs replacing, that will surely cost a substantial sum of money. If that roof is put on by a trade contractor who does not need to be licensed for the job, what happens if the roof blows off in a big storm? Who pays if that roof damages a neighbouring house and it was found not to have been constructed to Australian standards? What happens if the trade contractor nicks off with my money before the job is completed? Who then pays? Surely there is a case for trade contractors to be licensed. If I have a tiled roof and I would like to replace it with a metal one, that surely will cost considerable money, but the trade contractor does not have to be licensed; I am not protected.
What about bathroom renovations? Yes, a licensed plumber is required to do some of the work, but what about the tiling? Like the new roof, the tiling could be quite a substantial job, depending on the size of the job or the quality of the tiles. Again, if the job was not done according to Australian standards or the tiles were stuck on with Blu Tack instead of tile cement or the tiler, for whatever reason, was unable to finish the job, the protection of being licensed is not there. The cost of the roofing job and the tiling could still be under $12 000.
Another example: a fairly old house, some of the wooden window frames have been suffering from the effects of weather or borers and need replacing, which sounds like my place. You get a trade contractor or a new apprentice from the window frame company to put in new steel window frames. The cost of the job is under $12 000 so it is exempt from this bill. Three months later, when the windows all fall out or the rain keeps coming through the joints, what happens then? If the trade contractor was registered, the home owner would be covered.
Yes, it is a lot of money to build a home, and there is every good reason to protect the consumer, but when you make arbitrary distinctions between what will not be covered under this legislation, you forget the consumer. For many people, $12 000 is a lot of money. If Mr and Mrs Kerfoops had been saving up for a long time to get enough money for a new roof only to find themselves out of pocket because the trade contractor did a shonky job and the government did not require the contractor to be registered, they are not going to be too happy with the government’s promise that the primary issue was consumer protection.
The question that needs to be asked is: why isn’t the government going to licence trade contractors, and why isn’t it willing to give consumer protection, as they said they will? One can only surmise that the reason could be because all the minister said in his second reading speech is that the target audience is the house builder or the unit owner when they are making substantial investment in property.
The examples I have cited, that is fixing the roof or the bathroom, can equate to a substantial amount of money and for some people who may be trying to pay off that very home, $12 000 of repairs to the house may also be a substantial amount of money. The whole thing is even more strange when you know that the peak body for the construction industry says that trade contractors should be licensed. Obviously, that is one of the 11 recommendations that were not accepted by the government. I would be interested to hear details of the recommendations that were rejected.
None of this really tells us why. With an election coming up, is there reluctance by government to upset some people who are trade contractors whose vote may make a big difference to whether a seat is won or lost? My understanding is that many trade contractors would like to be registered, as this would give them a better standing in the community and the marketplace. If that is not the case, it is difficult to understand why the government has gone down this path. It is difficult to believe that it is not really fair dinkum when it says that the primary issue is consumer protection.
Finally, one other point: recently, there was a story regarding a swimming pool builder who had left a trail of not-so-quality pools in his wake. The government, I believe, missed an opportunity to licence swimming pool and spa installers when it introduced this legislation. Now I am told that a pool is not classified as a construction or a building, and so does not require a licensed person to install it. The cost of a pool or spa is fairly considerable and, in some cases, a pool or spa can be installed in a house, so why not licence pool and spa installers? After hearing about all those people who had their fingers burnt by a shoddy builder, you would have thought the government would have seen this as a great opportunity to fix the problem, especially as the primary issue is consumer protection.
Minister, whilst I support the bill, I believe it is only half a bill. I am sure many consumers and builders will be very interested to know when the rest of the bill will come back to this parliament.
Mr VATSKALIS (Mines and Energy): Madam Speaker, I rise to strongly support the amendments to the legislation introduced by my colleague, the member for Johnston.
We all remember, in the past few years, the headlines in the local newspaper about housing companies collapsing, people left with half-built houses, contractors not paid, and I have a couple of these headlines: ‘Building company collapse puts family out on limb’; that was March 1996. ‘Builder Collapse Leaves Half House’; that was in 1996. Again, ‘Family Appeals to Burke Over Collapse’; a headline in April 2000.
We have seen more and more similar situations of building companies collapsing for various reasons, not only because of bad economic times, but also because builders have absconded or gone into liquidation. The result was that many people were left unpaid and many families left with half finished houses, of course, then having to pay their mortgage and having to pay to finish their house. The legislation is introduced to protect the consumer for non-compliance on the house, non-compliance with existing regulations and on completion of the house. Non-compliance refers to the whole house or a bathroom or renovations or additions or to a roof.
As a person who recently went through the experience of renovating, I can sympathise with the trauma of renovating your house. If things go wrong, you find yourself with an unfinished project that you have to find the money to finish yourself or a finished project that does not comply with the regulations. That is the difference: with compliance, anyone who does any renovations, especially renovations like bathrooms or roofs, has to comply with the existing Australian Standard, with the Building Code of Australia and the existing standard. For example, on a roof, they have to comply with the Cyclone Standard because we live in a cyclone area. With the bathroom, we have to comply with the Building Code of Australia because it is deemed as a wet area. For these projects, you have to employ a building certifier who is going to investigate, inspect and, upon completion, to certify that the completed project complies with all relevant standards.
The previous government had a system where people could insure against non-compliance. Unfortunately, that had a flaw. If the builder who was doing your project did not pay any money into the insurance company, TIO, then you were not insured, as some customers discovered with the saga of the units in Cullen Bay.
What the government is trying to do now is to ensure that the consumer is not going to be left out of pocket with a half-finished house; the consumer is not, for any particular reason, having to find the money to pay the mortgage to the bank and to pay for completion of the house.
Prior to the election, we made a commitment that we would introduce builder registration and home warranty insurance. This was our commitment: builder registration and home warranty insurance. We have fulfilled our promise and we are now introducing the amendments to ensure that builder registration comes into effect.
The previous government, despite calls by the public to introduce a system protecting the consumer, steadfastly refused to do anything. In 1996, Fred Finch, the then minister, formed a committee to examine the issue, but the committee seems not to have reported to government on what could be the appropriate action to be taken to ensure that the consumer is protected. Later, in 2000, the then Minister for Lands, Planning and Environment, Tim Baldwin, said that he was putting together a discussion paper. Four months later, the former minister tabled what he called a discussion paper in the Assembly. The CLP discussion paper suggested that home owners should be required to enter into a contract that provided for home work insurance. The problem is that no insurance company will insure any builder who did not have a form of registration, if the builder was not accredited by any government organisation to say that this person was competent to build a house, that the person was not only technically but also financially competent to complete a house. That was the problem. You could not have home work insurance unless you had a system for registration of builders.
We now intend to provide the amendments to establish that builder registration. There are many competent builders around town, builders who not only build domestic dwellings or additions, but who build blocks of units and public works.
Currently, we have the system in the Territory to assess people who want to do government work: CAL. CAL accreditation is an essential step that we have put in place to ensure that people who say they can build a bridge can deliver that bridge for payment by the public purse. People who say they can build a school are assessed to a certain level, and when they tender for a project, we are pretty confident that they can build a school. For public works, we have a system of accreditation that gives us confidence about what people promise to build, they can deliver on time or within the specified parameters. Of course, if these people fail to deliver, then their accreditation is at stake. Many people value that CAL accreditation and quite a few want to increase the accreditation because it gives them the opportunity to tender for bigger and more profitable government projects.
However, in the domestic market, Joe Bloggs could come here from Queensland where he had a fish and chip shop and made quite a bit of money, and begin a building company in the Northern Territory because there were no checks and balances in place. We have had situations where people came here from other states, opened a shop front and decided they wanted to start building houses. When things were good, things were good for everyone because they could build houses and, sometimes, finance one house with the money from the other. However, when things got bad, we had the domino effect. As my colleague, the Minister for Transport and Infrastructure described before, a number of people had their fingers burnt - not only consumers, but also contractors. Quite a few subcontractors, especially from the northern suburbs, were left with unpaid bills.
I personally know quite a few contractors who lost $30 000, $40 000 and $50 000 from situations like the Di Mella collapse. These people are not rich; they rely upon this money to pay their own bills, their suppliers, their workers and to pay their mortgage and their bills. At the same time, I sympathise very much with consumers who lost their houses. When you want to build a house, you pay all the money up-front to your builder. If things go bad, then you are left with nothing.
I was very interested to hear that the opposition reluctantly supports this legislation. It is very good legislation. I know there have been calls by certain quarters of the construction industry to register every subcontractor. However, as I said before, we made a promise to register the primary builder, the person who has the overall responsibility of delivering a house and all the subcontractors. On some occasions, certain subcontractors are already registered in the Territory, like plumbers and electricians who have to comply with certain standards and have to obtain certain licences to be able to work in their profession.
I was interested to hear the comment by the member for Drysdale about how cumbersome and bureaucratic the system is in Queensland. The system in Queensland registers not only the builder, but every subcontractor and some of them have to have two or three or five registrations, but they want to introduce a very similar registration system in the Territory.
I was interested to listen to the Leader of the Opposition being interviewed on the Greek program recently and advising the interviewer that he had no idea about this legislation because this government was secretive and had not provided any information to the opposition. I was so amazed at that statement that I had to call the station and explain clearly how the system works in Australia; that when government introduces legislation into parliament, that legislation sits on the table, everyone has access to it, the opposition has the right to ask for a briefing, and the government has an obligation to provide a detailed briefing. I checked with my colleague’s ministerial office. No member of the opposition sought a briefing, neither had the Leader of the Opposition. The government was not secretive; the opposition was lazy.
What also amazed me was the fact that he was scaremongering the listeners. He was advocating that something terrible would happen if all the Greeks subcontractors had to be licensed. How can you licence these people when they cannot speak proper English? They have not been educated in Australia; they do not know how to sit down and write an exam paper. He is the same person who advocates, and his party advocates, complete registration of subcontractors and here he is on a Greek program scaring all the Green subcontractors saying: ‘This government wants to licence everyone’. No, this government does not want to licence everyone; this government wants to licence only the primary builder who builds the house.
The government has also taken into consideration the special composition of our construction industry. Yes, there are many people in the construction industry who have not graduated from an Australian school or technical college. Yes, there are quite a few people in Darwin and the Northern Territory for whom English is not their first language. Yes, there are many people with English as a second language, and people who have not been to school or technical college but they can build a house and have been building houses in the Territory for the past 40 or 50 years. That is well-known, and it is relevant given the 30th anniversary of Cyclone Tracy this year, that most of the buildings in this city built after Cyclone Tracy were built by people who have English as a second language.
I am not referring only to Greeks; there are many Chinese, Indonesian and Italian subcontractors. They came from their countries illiterate, trying to find a better fortune, find money to bring up their family, and they work in the construction industry. They are people who had years of practice and can build a house.
We do not want to create a bureaucratic nightmare. We want to make things as simple as possible. The reality is that when I contract a builder and I pay money to him, that builder has the responsibility to employ subcontractors who can perform their job properly. If they cannot, that builder is responsible, and if the builder cannot fulfil his contract then he jeopardises his future registration. This is a call for all builders, building companies and building company directors to comply with the conditions of their contract, and with the rules and regulations in place.
This legislation not only protects the consumer and ensures that the house they pay for will be delivered, it provides protection for subcontractors. By providing a registration system for builders, we ensure that only competent builders who have the ability to construct a house and finish the house are registered.
I commend my colleague, the Minister for Transport and Infrastructure, who introduced this legislation to parliament. I was very proud to be the minister who instigated the process, the minister who convened the Construction Industry Reference Group, the minister who asked members of that group to travel throughout the Territory to liaise with the building industry and consumers. I am very pleased to say that when they came back, their advice was that builder registration was the way to go and probably at the second stage or third stage, we should at look at subcontractor registration.
I know there are differences within the construction industry. The TCA advocates the registration of subcontractors and I was amazed to hear the Leader of the Opposition supports that position, but there he was having an interview on the Greek language program, scaring Greek subcontractors by saying that this government wanted to register all subcontractors. That would cause enormous difficulty with them, especially if they could not read or write English.
This is significant legislation. It is part of the construction industry reform that this government is introducing. Safety of payments was the first step. Registration of builders is the second one. Portable long service leave is the third. I am very proud to be a member of the government which provides these reforms to the construction industry.
Mr HENDERSON (Business and Industry): Madam Speaker, I rise in support of this legislation and concur with my colleague, the Minister for Primary Industry and Fisheries, that this is significant legislation and reform.
It is legislation that has been called for by other TCA and other members of the construction industry in the Northern Territory for many years. It is significant because the greatest investment most Territorians will make will be in their own home. Everyone who is buying their home and who is raising their family has dreams and aspirations encompassed in owning their own home.
As my colleague the Minister for Primary Industry and Fisheries demonstrated with a series of press clips and in the second reading speech by the Minister for Transport and Infrastructure, we had a history and litany of builders going to the wall, leaving subcontractors and, most importantly, ordinary Territorians with huge financial losses as a result. First and foremost, the intention of this legislation is consumer protection. As well as this reform, there has been other significant reform affecting the construction industry: security of payments legislation passed earlier today and portability of long service leave for people working in the construction industry are significant reforms affecting the building industry.
Both of my colleagues, the previous minister and the current minister, initiated the Construction Industry Reference Group that included as broad a spectrum of the construction industry as possible to work with government to try and get consensus on the package of legislation and reform measures that government was looking to introduce in conjunction with industry and, in the case of portability of long service leave, with the construction industry union.
The working group has been very successful. One of the reasons it has taken so long to get this legislation into parliament is because everyone has been working in good faith to try to achieve consensus. I pay credit to all members of that Construction Industry Reference Group. They have worked very hard on this and they put a lot of effort into this group. They have lobbied very effectively to advocate the case for members of various associations and industry. I am not going to use the word ‘concessions’ because they were not concessions, but government has amended many of the positions we originally took when framing this legislation as a result of that consultation process. Madam Speaker, I believe we achieved about 90% of the way to consensus, with the main sticking point being the call from the Territory Construction Association for government to go further and extend the licensing scheme to other areas.
At this time, government has no intention of doing that. This is significant reform in a very major sector, virtually a dominant sector, of our economy at a time when the construction industry, thank goodness, is very busy. We believe that these reforms, with the implementation date of 1 January 2006, are enough to keep everyone busy at the time when the industry is very busy and we have to get it right. We will continue to work with the reference group to progress the detail of the reform agenda and the regulatory environment that will support this legislation.
In all of my time in this House and observing politics in the Northern Territory for nearly 22 years, this is the first time a major industry group is calling on the government to introduce more regulation than the government is mindful to do at a particular point in time. Apart from that, I believe we have consensus in most of the other areas.
The contributions from members opposite, I suppose, is the standard fare. The shadow minister ran his usual rhetoric about importing practices from other states and claiming that is the only motivation for this government, to scour the other states looking for legislation that we can import here. He obviously does not get out enough and talk to the people in the shadow portfolio areas for which he is responsible on behalf of the people of the Northern Territory because we have been working very closely with that Construction Industry Reference Group. If the member for Drysdale had bothered to speak to any one of those representatives, he would know that the reform that we are introducing has the support, apart from the one issue of how extensive the licensing regime is, of industry. It certainly has not been at the whim of government to rush out, find legislation and introduce it in the Northern Territory, but that is what we have come to expect from the shadow minister.
Industry deserves better. There is a very important role in the Westminster system for the opposition to scrutinise legislation on behalf of Territorians to ensure that we pass the best legislation possible in this parliament, and 90% of legislation does go through this parliament in an uncontentious way. However, the responsibility of shadow ministers is to get across the legislation, to understand the detail of it, to consult with stakeholders and constituent groups that the legislation may affect, and to inform themselves of the detail of the legislation and what support it has in the broader community, particularly among the people it affects.
No member of the opposition having a briefing from the department on this significant legislative reform is a total abrogation of their responsibility to scrutinise legislation to the people of the Northern Territory. I am absolutely astounded that legislation that affects many thousands of Territorians has gone totally unscrutinised by the shadow spokesperson and members opposite. The member for Macdonnell stated that he has had a cursory look at the bill. Territorians deserve better, and the Leader of the Opposition certainly should be speaking to his colleagues about their responsibilities as shadow ministers.
Coming to the Leader of the Opposition, I was astounded to hear from my colleague, the member for Casuarina, just a couple of days ago that the Leader of the Opposition, without having had a briefing on this very significant legislative reform, skulks onto Greek radio in Darwin and makes outrageous, scaremongering allegations to a significant part of our construction industry, saying that the government is being secretive about this, that we are looking to impose a licensing regime on all contractors and all trades, that we are going to be forcing people to sit exams, and the fact that English is not their first language is going to see those people at a disadvantage. That was an absolutely outrageous, irresponsible scaremongering slight on many people in our community.
I am sure that members of those peak industry bodies, and certainly they will be advised of the Leader of the Opposition’s tactics, will be absolutely outraged at the misinformation and the scaremongering on which the Leader of the Opposition embarked in this case. It does him no credit. I thought he was a more honourable person than espousing absolutely blatant untruths in scaremongering many people in our community. To do that on the back of no briefings, no understanding of the legislation, no discussions with the people it affects, gives the opposition no credibility whatsoever.
The one thing Territorians deserve is that legislation achieves what it sets out to achieve. The government is not making any claims that no builder is ever going to go bankrupt as a result of this legislation. This is not about any guarantees, but it is about better risk management and consumer protection for first home builders in the Northern Territory. It is certainly not about importing legislation from interstate. It has been done with significant consultation with industry.
I put on the record that, although the construction industry is supportive of builder’s licensing, there are many people in the broader supporting industries, on the supply side of the construction industry, and we have a lot of work to do to communicate to people, who see this as unnecessary. I have had meetings with other representative business groups and representatives of small businesses who see this as red tape which is will add costs to an already expensive industry. Although it is supported by industry, there is a sector of the broader business community that see this as government imposing regulations for the sake of it. I have spent a fair bit of my time talking to people about the requirements for this legislation and the work that we have done with industry groups to try to achieve an outcome that meets the desires of government to see enhanced consumer protection without imposing enormous regulatory costs on individual businesses and, therefore, increased costs to consumers.
In closing, Madam Speaker, I commend both ministers who have carriage of this, and particularly the current Minister for Transport and Infrastructure. I also place on the public record that, in the months ahead, as we go down the path of framing the operational and regulatory environment to support this legislation, as we move to the implementation date next year, we will continue to work in partnership with industry. My door is always open to representation. I commend everyone who has been part of the Construction Industry Reference Group, the minister and the staff from the department who have worked so hard on this. I condemn the opposition for their scaremongering and laziness in scrutinising this legislation.
Dr BURNS (Transport and Infrastructure): Madam Speaker, I will try to deal with the offering that each member contributed in this debate. It is a measure of the importance of this debate that there have been quite a number of speakers from both sides.
The last speaker, the member for Wanguri, really highlighted the significance of this legislation. It has been a long time coming and there has been agitation by many people in industry over a significant amount of time. In opposition, the current Chief Minister highlighted the need for this type of legislation and saw the plight of people who had been left high and dry by builders becoming insolvent or, in some cases, disappearing.
The focus, from our side, has always been on residential buildings. I know there has been much debate about whether it should be extended to commercial buildings, or to all trade contractors. I will try to deal with those issues.
From my perspective, this is the right step at the right time. It is a focussed step. Implementing this legislation once it has been passed is quite a big job that lies before us.
Like the previous speaker, I pay tribute to the Construction Industry Reference Group. When I spoke earlier today about surety of payments for subcontractors, I spoke about the composition of the reference group. I won’t repeat that, but it was a very good group of people from industry, unions and, of course, people from government departments providing advice to the reference group. Generally, the reference group was able to come to a consensus view on a whole range of issues. As I said in my second reading speech, there are some issues on which people differ and, no doubt, will continue to differ, namely the extent of the scheme and whether it should include subcontractors. Given that, I commend the Construction Industry Reference Group.
Going through the speakers, the member for Drysdale raised an important issue, which I understood to be questioning access to insurance and implementation of the scheme. Government has given an undertaking that we are not going to be throwing industry to the wolves. We want to see that the marketplace product is viable, that there is competition in the marketplace and reports that I have received as recently as this week are that in the interstate markets, there have been an increasing number of companies offering this sort of insurance. The outlook is bright for competition in the marketplace, but, as government, we have given an undertaking to industry that we are going to be looking for competition in the marketplace before full implementation of the legislation.
Just one point to correct the member for Drysdale: he mentioned that the legislation does not extend to residential buildings over three storeys. In indemnity insurance, that is certainly the case. Industry asked that only a registered builder could build over three storeys for residential buildings, and we acceded and agreed to that. That was one of the elements that the member for Wanguri talked about when he said government has been quite flexible and tried to incorporate the suggestions of industry wherever possible.
The member for Macdonnell talked about the penetration and extent of the legislation in terms of licensing. He seemed to be arguing against further widening of registration to trade contractors, but I may be mistaken about that. I need to read his speech a little more carefully to get the full meaning of what he was talking about.
The member for Nelson raised quite a few issues. He said the scheme should be expanded in the interests of consumer protection and wanted to know the rationale behind why government was licensing the principal contractor but not extending the regime to trade contractors. I did explain before that it was a commitment by this government in opposition that we would introduce this for residential buildings and principal contractors in the first instance because, looking at the costs of building work that the consumer is exposed to in those building works that need a permit, I am advised by the department that 75% of those works is constituted by people building a home. So this scheme really covers 75% of the exposure, if you like, of people in terms of money they might spend on building.
I have said before that we feel that this is a focussed step at this stage. It is quite a lot of work to register builders. It has been estimated that there are probably 200 residential builders in the Northern Territory who will have to be registered. Some of them have already gone through quite a number of steps by becoming accredited through CAL and many of the measures that will be used in the licensing system are already in place with CAL. We would not want to see that duplicated and if people have been able to show their bona fides through a system like CAL, they are well on the way to being registered. However, there are other builders who may not have gone through that exercise and it will take them some time.
We have also indicated that we would have a generous grandfathering aspect to this bill. In other words, if people are operating as principal builders within the Northern Territory building scene and they have a demonstrated history of completion of works and competence in building, we are not looking at putting obstacles in front of them. As my colleague, the member for Casuarina, said, many of these people come from English as a second language background. We do not see the need to put those people through a lot of hoops at this stage in their career, but new people coming into the industry will have to have the background and prove competence to a certain level. That is fair enough.
The member for Nelson raised the issue that if someone has a roof replaced, they are exposed as a consumer. To a large extent, there is already protection for people like that. Any work that requires a building permit does have some degree of scrutiny involved in it and there is some consumer protection in that. The very fact that there are registered builders around and if people have substantial building works that might not be included in this bill, it is really up to the consumer to search around to find a reputable builder and they can be assured if someone is a registered builder that they can carry out certain works to their satisfaction. That is as far as we are going at this stage. We are focussed on residential builders.
The member for Casuarina highlighted the fact that in the Northern Territory construction industry, there have been a number of companies that have gone belly-up, so to speak, owing consumers and subcontractors quite a lot of money. That is something that this bill seeks to address.
It is my understanding that, yes, the previous government was investigating home warranty insurance, indemnity insurance of building, but they did not want to go down the track of licensing. My understanding is that the insurance industry said you cannot have one without the other; you need to have builders licensed before we will even consider insuring them. The approach of the previous government had not borne fruit and was not likely to bear fruit. The two systems have to work together to be viable.
Madam Speaker, I have tried to cover most of what each speaker said. We have made a commitment; consumer protection is at the heart of it. Some people say we should have gone further, but this is a first step and will lead to a residential building industry to ensure that home builders are qualified, experienced and competent and the compulsory insurance aspect of it, home warranty insurance for non-completion or non-compliance of works will be provided by the insurance industry.
There has been considerable consultation and I have already acknowledged that other people have taken different positions on this legislation. I hope now that they will get behind it and support it and that we can look to the next stage because there are two points to be made. First, industry and the community clearly support regulation of the industry and there have been no demands to maintain the status quo of an unregulated industry. This bill is in keeping with expectations of industry and the community and the direction in which they want government to take them.
We have built a regime that can be expanded. The matters under debate are generally covered by regulations and the government has said on many occasions that it is prepared to review the matter after what has been proposed has been operating for a reasonable period of time. Going from an unregulated industry to a regulated one is no easy exercise. That is what has happened in Tasmania. It took them many years. They tried to register everyone at once and it took them somewhere between five and seven years. We need to introduce change at a pace it can be effectively managed by industry and government. We will continue to listen to what the community and industry are saying and respond in an appropriate manner.
We are committed to a smooth transition to introduce a regime of registration and home warranty insurance. It gives consumer protection to the priority areas. We will continue to work with the Construction Industry Reference Group to develop the necessary regulations. These regulations are crucially important to the success of this legislation and we will be working very closely with industry through the reference group. We have already given that undertaking in respect of the regulations.
I am advised that the Building Practitioners Board will need to be restructured, and transitional arrangements for existing builders, processes for the assessment of applications, staff recruitment, fees and funding, will all need to be addressed. Qualifications will need to be determined, and training and education programs developed. Industry will need to make the required applications, restructure businesses if necessary, undergo any training requirements, and budget for the associated costs. I believe it will be worth it. We will have a comprehensive communication strategy, which is being developed, to ensure the whole building and construction industry and the Territory community is fully informed on the progress of implementation of this significant change in the building industry.
I commend speakers in the debate. We are moving into committee stage with this legislation. I can advise members that most of the amendments are centred around drafting and clarification, and some grammatical corrections. Some of them are purely process-type amendments at this stage.
In closing, once again, I compliment the Construction Industry Reference Group. I particularly commend Mr Gerard Butler who chaired the group. I have only heard positive statements about his role and the way he chaired the group. Thank you very much to Mr Butler. I commend the previous minister, and I have certainly built on his work. I hope I have done justice to what you started, member for Casuarina. Finally, I commend the agency officials, particularly Mr Fabio Finocchiaro, and Mr John Gronow, who have helped me all the way along through the process. Some of these things are very complex, and these gentlemen are very learned about the building and construction industry. I am very appreciative of the support and information they have given me. Sometimes it has been a bit too detailed! I have had to ask some questions and they have schooled me along so that I understand what is being put before parliament, and I commend those two gentlemen for that.
Madam Speaker, I commend the bill to the House.
Motion agreed to; bill read a second time.
In committee:
Clauses 1 to 8, by leave, taken together.
Mr ELFERINK: Mr Chairman, I rise to make a couple of comments in relation to this. They are basically targetted at what the Leader of Government Business had to say when he came traipsing in here and said that we have taken no interest, we do not care, rah, rah, rah in relation to the bill. I reject that outright.
The second point is that he will never let a chance go by to belt up on someone, no matter how unreasonable or how hypocritical he is. A classic example is the last General Business Day when not one member of government sought a briefing for the legislation before the House. They dismissed it in the most cursory fashion without addressing any of the issues. They did not care. They were dismissive of the legislation that was before this House at that point. They certainly did not ask any questions. I have not received an e-mail or telephone call at any point in relation to this legislation ...
Mr HENDERSON: A point of order, Mr Chairman!
Mr Elferink: Typical of him, he wants to sit us down and shut us up!
Mr CHAIRMAN: Order! What is your point of order?
Mr HENDERSON: Mr Chairman, we are in the committee stage of the legislation where the opposition or any member of this House has the ability to ask questions regarding various clauses in the bill. This is an interesting debate and the member has an opportunity in the third reading debate to respond to the comments I made in the second reading. However, the committee stage of debate is to be confined to the clauses of the legislation, not observations on the second reading speeches of other members. I urge you to ask the member to confine his comments to the clauses of the bill.
Mr Elferink: Don’t want to hear it, do you?
Mr CHAIRMAN: Order! There is a point of order. My advice to the member for Macdonnell is that you will have a chance in the third reading speech to raise some of those issues you are raising now. Presently, we should confine ourselves to the clauses.
Mr ELFERINK: In that case, I will wait for the third reading. The member will be on notice about it.
Mr Henderson: Good!
Clauses 1 to 8 agreed to.
Clause 9:
Dr BURNS: Mr Chairman, I move amendment 91.1. Proposed subsection (2) is amended to correct a grammatical error, where ‘carried out’ is substituted for ‘carried’.
Amendment agreed to.
Clause 9, as amended, agreed to.
Clauses 10 and 11, by leave, taken together and agreed to.
Clause 12:
Dr BURNS: Mr Chairman, I move amendment 91.2. A new section 24FA is added after the proposed section 24F. It relates to practitioners and provides the option for the Building Practitioners Board to use accreditation agencies to assess applicants for registration or renewal of registration as building practitioners. Before such an option is implemented by regulation, government would need to be satisfied that it was appropriate after consultation with industry. This amendment simply allows this possibility.
Mr ELFERINK: A straightforward question to the minister, Mr Chairman. At what point did he realise that this omission and mistake had been made?
Dr BURNS: I cannot give a definite time or day, but it was in the intervening period between the second reading speech during the last sittings and today. As I said in my wrap-up, member for Macdonnell, it may very well be that there can be some recognition of accreditation that builders already have. Contractor Accreditation Limited is an example, for instance; it is a body that looks at many aspects that would be considered in builders’ registration. So rather than have a system that doubles up, it may very well be that different organisations, with the permission of the builder, give advice about these aspects. In other words, this is simply allowing the capacity to do that and attempting to streamline the process.
Mr ELFERINK: When did the minister become aware of the need for these amendments? When were you told? You do not need to be told when you were told.
Dr BURNS: I am advised by my departmental officers, member for Macdonnell, that they have been aware of this. This is simply giving a legal force or capacity to carry this out. The amendment itself, I think, was handed to me late last week. I was aware that departmental officers had been working on it for some time. I should also point out, member for Macdonnell, that this issue had been subject of discussion within the Construction Industry Reference Group, so it is not something that has popped out of the box, so to speak. It has been discussed at length within the reference group and industry is aware of what it is about.
Mr ELFERINK: Mr Chairman, the reason I raised the issue and asked the minister the question is simply that had I followed the Leader of Government Business’ advice, even if I had sought a briefing until late last week, it would not have been available to me in an updated form. So get your act together.
Amendment agreed to.
Clause 12, as amended, agreed to.
Clause 13 agreed to.
Clause 14:
Dr BURNS: Mr Chairman, I move amendment 91.3 to omit and replace paragraphs. The proposed paragraphs (a) and (b) of section 25A(1) are omitted and replaced by paragraphs (a), (b) and (c).
Paragraphs (a) and (b) are redrafted to improve previous drafting and refer to the non-renewal of registration as well as cancellation or suspension. Paragraph (c) is new and rectifies a previous drafting omission in that at least one director or company nominee referred to in (a) or (b) must reside in the Territory.
Amendment agreed to.
Dr BURNS: Mr Chairman, I move amendment 91.4, which omits paragraphs (a) and (b) of proposed section 25A(2) and substitutes new paragraphs (a), (b) and (c).
These amendments are for the same reason as the amendments to subsection (1) in the previous amendment. The previous amendments, I omitted to say, relate to a company, whereas this amendment deals with just one nominee or director.
Amendment agreed to.
Clause 14, as amended, agreed to.
Clause 15 agreed to.
Proposed new clause 15A:
Dr BURNS: Mr Chairman, I move amendment 91.5 relating to clause 15A, repeal and substitution of section 40. A new clause 15A is inserted in the bill. This repeals and replaces section 40 of the principal act.
It provides that a building certifier or director may rely on a certificate. The existing section 40 allows a building certifier to rely on certification provided by another practitioner such as an engineer when certifying building work. The new section 40 provides for the same and, in addition, that the certifier may rely on an inspection certificate provided by another building certifier. This enables a certifier to engage another certifier to inspect building work on his or her behalf. It is merely streamlining the situation by adding a part that allows one certifier to engage another certifier to inspect a particular work and rely on the report of that certifier.
Proposed new clause 15A agreed to.
Clause 16:
Dr BURNS: Mr Chairman, I move amendment 91.6 to omit a subsection. Subsection (2) of proposed section 48C is omitted. Subsection (3) will be consequently re-numbered as (2). Subsection (2) provides a penalty for making a false statement in a declaration referred to in subsection (1), however, the declaration is made under section 69(1) and the penalty provision properly belongs to that section. This is cleaning up the drafting, in essence, Mr Chairman.
Amendment agreed to.
Dr BURNS: Mr Chairman, I move amendment 91.7. I should point out, before I speak to this amendment, that government had given an undertaking to industry and the reference group to introduce this legislation by the end of the year. I commend the parliamentary drafters for working very hard and getting quite complicated and complex legislation before this House. I ask that members are cognisant of that. I forgot to commend Parliamentary Counsel at the end of my closing in reply.
This amendment deals with clause 16 and omits subsection (2) of proposed section 48G. The reason for the amendment is the same as for the preceding amendment.
Amendment agreed to.
Dr BURNS: I move amendment 91.8, which deals with clause 16 and omits and substitutes words. Subsection (2)(a) of the proposed section 48K is amended to correct a grammatical error and ‘carried out’ is substituted for ‘carry’.
Amendment agreed to.
Clause 16, as amended, agreed to.
Clause 17 agreed to.
Clause 18:
Dr BURNS: Mr Chairman, I move amendment 91.9. The amendment is to correct a previous drafting omission. Proposed section 59(1B) of the principal act should also apply to an owner-builder and the words ‘or owner-builder’ are to be added.
Amendment agreed to.
Clause 18, as amended, agreed to.
Clauses 19 and 20, by leave, taken together and agreed to.
Clause 21:
Dr BURNS: Mr Chairman, I move amendment 91.10, which omits and substitutes words. The amendment is to correct drafting. Proposed section 62(1) of the principal act is amended by omitting words in the future tense and substituting words in the present tense as required in the context.
Amendment agreed to.
Clause 21, as amended, agreed to.
Clause 22:
Dr BURNS: Mr Chairman, I move amendment 91.11, which adds words. The proposed section 63(5) of the principal act is amended by the addition of words. The intention is to require a building certifier to issue an inspection certificate in relation to the inspection of building work only on being satisfied that the work complies with the building regulations. More than one inspection may be undertaken in respect of a stage of construction before the certifier is satisfied that deficiencies have been rectified. Paperwork for the earlier inspection should not be required.
Clause 22, as amended, agreed to.
Clause 23 agreed to.
Clause 24:
Dr BURNS: Mr Chairman, I move amendment 91.12, which inserts a subsection. Clause 24, which amends section 69 of the principal act, is amended to include a new subsection (3) in section 69. Proposed section 69(3) provides a penalty for making a false statement in a declaration made under section 69(1). Simply put, a building certifier may not issue an occupancy permit unless the builder has made a declaration under section 69 that the work has been carried out in accordance with the building permit.
Clause 24, as amended, agreed to.
Clause 25:
Dr BURNS: Mr Chairman, I move amendment 91.13 to insert clause 25A, Building suitable for occupation. A new clause 25A is inserted in the bill. This amends section 70 of the principal act to specify that a building certifier may not issue an occupancy permit unless the building complies with the building regulations as well as being suitable for occupation.
Clause 25, as amended, agreed to.
Clause 26:
Dr BURNS: Mr Chairman, I move amendments 91.14 and 91.15, which omit and substitute words. These are technical drafting corrections only. Clause 26 amends section 71 of the principal act by inserting new paragraphs (aa) and (ab), and corrects the conjunctive ‘and’ at the beginning of existing paragraph (a). These amendments together rectify that.
Clause 26, as amended, agreed to.
Clause 27 agreed to.
Clause 28:
Dr BURNS: Mr Chairman, I move amendment 91.16, which adds words. This is a drafting refinement only. Section 130A(2), inserted in the principal act by clause 28, specifies a building appeal must be commenced within 28 days after the date notice was given of the relevant decision. Section 130A(2) is amended to clarify that an appeal must, as well as being on the approved form, be lodged with the Building Appeals Board before it is regarded as commenced. In other words, there are 28 days and the appeal must be lodged on the approved form with the Building Appeals Board within that period.
Amendment agreed to.
Clause 28, as amended, agreed to.
Clauses 29 and 30, by leave, taken together and agreed to.
Clause 31:
Dr BURNS: Mr Chairman, we are on the home stretch now. I move amendment 91.17, which adds words. This is a drafting refinement only. Words are added to the proposed section 177 to take account of the probability that section 61 referred to in that section is intended to be repealed at the same time that Part 4C, also referred to, is commenced.
Amendment agreed to.
Dr BURNS: Mr Chairman, this is the last amendment. I move amendment 91.18 to omit and substitute a paragraph. This is a drafting refinement only; the intent of the section is not changed.
Amendment agreed to.
Clause 31, as amended, agreed to.
Remainder of the bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Bill reported; report adopted.
Dr BURNS (Transport and Infrastructure): Mr Acting Deputy Speaker, I move that the bill be now read a third time.
Mr ELFERINK (Macdonnell): Mr Acting Deputy Speaker, the Leader of Government Business quite rightly pulled me up a little earlier in relation to the propriety of me making criticisms during the committee stage.
However, the criticism still stands. The Leader of Government Business takes it upon himself to come into this Chamber and lecture members of the opposition on how they should approach their job and, frankly, considering the raft of amendments attached to this bill, a 25-page bill with five pages of amendments, or should I say 18 required amendments, demonstrates that the minister was unprepared.
As the Leader of Government Business, it is much more his job to lead government business and make sure that ministers are across their legislation before they introduce it in this House. It is his job to lecture members opposite as to how they should pursue theirs.
The Leader of Government Business said if you criticise a bill too much, you are being churlish, obstructive and you do not support this or that. He went on the attack that way. If, however, you actually agree with government legislation or say you will not oppose it, you are being lazy. You are damned if you do and damned if you don’t under this minister. What it really demonstrates is that he takes every opportunity he can to score a political point, rather than using this as a House of debate to pursue legislative outcomes. That really is the thrust of the Leader of Government Business. He revels and delights in what he perceives to be shortcomings in members opposite, and remains utterly blind to the shortcomings of legislation introduced by government ministers.
I turn to the second reading speech and there is my briefing. It should be the most comprehensive briefing given to any member in this place. There was nothing particularly confusing or strange about the second reading speech. It was written in plain English and it was comprehensive enough to describe the intent of the bill. It reflected the intent of the bill. Why do I need a briefing beyond that? Does the Leader of Government Business seriously expect me to believe that I need extra briefings because the minister was incapable of producing a second reading speech that made his bill understandable? There was no shortcoming in the minister’s second reading speech. However, as is clearly demonstrated by the raft of amendments of which he became aware late last week, there were shortcomings in the bill that were not covered by the second reading speech. It would not have mattered if I had sought a briefing because the minister was not capable of getting himself across the bill in its entirety until late last week.
Nothing the minister has introduced has demonstrated a change in the government’s position, which is why it has not been particularly opposed, but for the Leader of Government Business to criticise us when, frankly, and dare I say it, this is another area where I might get criticised, the bill itself is a dog’s breakfast. It is just not good enough. If excessive criticism is brought to a bill, the next thing we know we are facing letters from the CEO of the Department of Justice complaining about criticisms of public servants. This minister is trying to position the opposition into a place where we cannot criticise a bill because we are criticising a public servant. If we do criticise a bill, we are being excessively critical of it and if we do not criticise a bill, we are being lazy.
Frankly, the thrust of this from the Leader of Government Business is simply to bludgeon the opposition into a position where he thinks he can scare us off from doing our job. We will do our job and we will do it effectively, a damn sight more effectively I have say, than the minister has in this case with the number of amendments that he has brought to the House today, amendments of which he became aware late last week.
Mr Acting Deputy Speaker, I will not be bludgeoned by the Leader of Government Business. He can whinge and carp as much as he likes about the way the opposition does or does not do its job; but I would suggest that the Leader of Government Business puts his own house in order first.
Motion agreed to; bill read a third time.
Continued from 13 October 2004.
Mrs MILLER (Katherine): Mr Acting Deputy Speaker, any time gene technology comes up in conversation in the public domain, it stimulates heated debate, and it highlights the lack of knowledge of gene technology by most people, and the balance of benefits and disadvantages of gene technology. This legislation will allow the Northern Territory to adopt the uniform national approach for the regulation of genetically modified organisms. I am sure this will be scrutinised by the many people who have strong opinions about gene technology.
At this stage, the only genetically modified crop that we have in the Territory is cotton, which has been the subject of much discussion over the last couple of years, and I have no doubt that it will continue to be so. We have a cotton trial going on in Katherine, as has been mentioned previously in this House. The CLP supports cotton trials and encourages sound scientific reports of these extensive trials. I have read with interest the member for Nelson’s comments and the research he has done on cotton trials. We need to continue to observe and to take stock of what is happening scientifically.
The opposition supports this bill. We have no doubt that the bill will be referred to many times in the future.
Mr WOOD (Nelson): Mr Acting Deputy Speaker, I have a few comments on this bill. I could not resist the opportunity. It seems a bit hypocritical of the government to introduce this bill, even though it is important legislation, especially when you hear the rhetoric coming from the government as it talks in riddles and circles and delves into fits of fantasy when dealing with the issue of GM cotton. After all, the government’s speech about GM cotton used no scientific evidence whatsoever, and to then talk about the role of the Gene Technology Bill and the Office of the Gene Technology Regulator makes me laugh. When the government says no to GM cotton after receiving a report in March from the CSIRO which says it is a safe crop to grow in the north of Australia, and after the Office of Gene Technology has given approval for GM cotton to be grown in trials in Katherine, you have to wonder.
We know the reasons for the government’s objections to cotton are political because the government has never debated the issue of GM cotton using scientific reasoning. The reason it has not done that is because it has none; it has only political reasons. This can be no more demonstrated by the fact that the Labor government of Western Australia is to allow the same GM cotton to be grown on its side of the border in Ord River Stage 2 when, just across an invisible state-territory line, you won’t be allowed to: absolutely brilliant logic, and no science there. It reminds me of other brilliant government decision-making, such as the three different sized railway gauges across our states from which we still suffer.
Yes, minister, you may introduce this nice sounding and important national legislation, but is it really necessary? After all, we do not need this legislation to control gene technology; we already have political technology legislation in place.
Mr KIELY (Sanderson): Mr Acting Deputy Speaker, I rise in support of the Gene Technology Bill. The member for Nelson is right when he talks about the emotion evinced by gene technology, and that is what he contributed: emotion. This bill is not about the introduction of cotton crops to the Territory. It is all about coming into line with the Commonwealth and other jurisdictions as per the agreement in 2000.
Perhaps if the member for Nelson cared to get his head out of the political mire he seems to have it stuck in and have a look at the Explanatory Guide to the Commonwealth Gene Technology Bill 2000, freely available on the web, he would understand what this bill is about.
In the future, there will be a debate about gene technology, but that is not what this bill is about. If he wants to get up and grandstand about gene technology and he wants to grandstand about cotton trials in Katherine and what it means, that is fine …
Mr Wood interjecting.
Mr ACTING DEPUTY SPEAKER: Order!
Mr KIELY: … but let us keep it in the context of the proper bill. No one is denying him the right to debate. No one is denying him the right to free speech. What we are saying is that is not the bill before us. Sure, go ahead and have your little spray about cotton, but it has nothing to do with this bill.
Mr Wood interjecting.
Mr KIELY: That is what it is all about. It is right here in the explanatory guide. Have a look. It is all there. It tells you why this bill is before us. It says, at chapter 8, Model State Legislation:
So you see: we have all these mechanisms in place across the Commonwealth. We are getting all the states to line up so that we have it right all the way across because gene technology is an emotive and an unknown area.
The member for Nelson said Western Australia is doing this and that. Good on them. Tasmania is not, New South Wales is not, Queensland is not.
Mr Wood interjecting.
Mr KIELY: No, no, no. Let me say this about Tasmania: no one knows where gene technology is taking us. Now, he talked about cotton and he said there is no science about it. The trials are not conclusive. We do not know the full facts of whether anything from cotton can get into the food chain. What happens if we get a flood on the cotton farm? Do we know what will happen? No.
Mr Wood interjecting.
Mr KIELY: No, no we do not. There you go! Fairy tales, because there is no science to say it will happen and there is no science to say it won’t happen. What we are saying is that we would like to get the facts and the science. So, member for Nelson, you can parrot on about cotton being great, but we do not have the science to say what is happening. We care for the green image of the Territory, as do Tasmania, New South Wales and Queensland. We will wait.
The other issue is that there is no application before the Gene Technology Regulator to do a controlled release in the Territory. It is all hyperbole. It is all: ‘Let me get on to my hobby horse here and talk about this’. You cannot have your environmental cake and eat it, member for Nelson. You cannot say: ‘I am for the environment. I will protect Majors Creek. I will watch the clean, green image of the Territory’, and then get on this other hobby horse.
There are things coming out of these trials, such as more effective and efficient ways for water release and conservation and grey cropping, and that is good. Let us not chuck the baby out with the bath water. However, there is no proof, there is no science yet to say that all gene technologies and modifications are safe. Let us just wait until we get the science on the table. Let us not be emotive about this, and let us not try to roll in emotion on what is an agreement reached back in 2000.
Member for Nelson, I will happily, as it is pretty clear that you have not had a look and researched it, give you the explanatory guide. I do not think there is a need to table it; it is on the web. I can give you this and I can give you information on how Tasmania handled GM. In Tasmania, they have not introduced legislation about growing cotton. Why? Cotton will not grow there; simple as that. We do not have anything before us to say that GM cotton will be grown in the Territory, so I am not going to be dragged into a debate on that. When the time comes, we will have that debate, member for Nelson. Right now, you can grandstand about it, but the fact is that it is not there, so let us stick with the legislation which is before us, which is all about aligning the states and the Commonwealth pursuant to a previous agreement.
I will not go in to the whole scope of the Commonwealth agreement because it is all there on the net. I do not think there is any need to read it into Hansard; you can go to the web site of the Office of Gene Technology.
Let us concentrate on the bill before us. Let us not get caught up in the trial issue by the release of genetically modified organisms into the environment because that is not what this bill is about. That debate will occur in the future.
Mr Wood: Yes, it is! That is exactly what it is about.
Mr KIELY: No, no, no.
Mr Wood: Read the second reading speech!
Mr KIELY: No. You are trying to rope in cotton, getting on your hobby horse, trying to get some free points. It will not work. Let us stick to the bill before us and get on with the job.
Mr VATSKALIS (Primary Industry and Fisheries): Mr Acting Deputy Speaker, I agree absolutely with the member for Katherine. Every time you mention the words ‘gene technology’, immediately you start a debate about the pros and cons of gene technology and we end up talking about cotton. She was right: this is not about introduction of genetically modified cotton or any other crop in the Territory. This is only part of the process that has been agreed by the Commonwealth, states and territories on how to bring Commonwealth, states and territories’ legislation into line. All of the legislation will be the same so we are not going to have different legislation in Western Australia, the Northern Territory or in New South Wales. It has nothing to do with cotton.
The member for Katherine said the CLP supports the cotton trials in Katherine. So does the Labor government. We are not only learning about cotton, we are learning about other things like irrigation and methods of cultivation, which can be extrapolated to other crops. If the Western Australians want to introduce genetically modified cotton in Western Australia, so be it. It is their state. They make the legislation, it is their right. I should remind you that there is a very strong element that opposes the introduction of GM cotton in the Ord River and that is getting more vocal by the minute.
This, however, has nothing to do with the introduction or not of any genetically modified material in the Territory. It is legislation to streamline our legislation with the legislation of the Commonwealth and the other states. When you look at the legislation, clause 6(1) says that Commonwealth gene technology laws, as enforced from time to time and as modified by or under this act, apply as a law of the Territory. That is what it is all about. The Commonwealth legislation will be exactly the same and will apply to the Territory, and our legislation will be the same as the other states and territories.
As to who is allowed to cultivate GM cotton in the territory or state jurisdictions, that is their business. However, again, the Gene Technology Regulator allows the release of GM cotton in different jurisdictions for trials only, but also gives the right to every state or territory to ban the cultivation and production of GM cotton in their jurisdiction or to declare a moratorium. That is exactly what New South Wales has done recently: put a moratorium on commercial production of GM cotton in that area.
The member for Nelson argued that we do not have any scientific evidence to ban GM cotton in the Territory. New South Wales has cultivated GM cotton for a number of years, and they have taken a step to prohibit the commercial production of GM cotton. The position of our government on GM cotton is clear. We have made repeated statements in parliament. However, this bill is not about GM cotton; this is about streamlining our legislation with other jurisdictions in Australia.
Motion agreed to; bill read a second time.
Mr VATSKALIS (Primary Industry and Fisheries)(by leave): Mr Acting Deputy Speaker, move that the bill be now read a third time.
Mr WOOD (Nelson): Mr Acting Deputy Speaker, I would like to make a couple of quick comments. I understand that the bill seeks to comply with uniform legislation about gene technology and that is very good. My comments today were based on the comments of the minister in the second reading speech in which he referred to cotton growing in the Northern Territory.
I am not a carte blanche supporter of genetic modification. There are so many types of genetic modifications that to say that one is the same as the other demonstrates a lack of understanding of the issue. In fact, genetic modification of cotton relates to a bacteria that is placed in the plant. It is the same bacteria, as I have said before, that you can buy in a packet of Dipel at your local hardware store and spray on your tomatoes.
It is unfair to say that just because I have a belief that some genetic modification of plants will possibly have benefits in a sustainable agricultural economy means that I support GM across the board. That is the last thing I would say. We have to be very careful with genetic modification; it is important that we do. I woke up this morning listening to News Radio and heard a report from England where they have been doing quite a bit of work on GM sugar beet, and looking at resistance to weeds. They reported that, so far, the trials have had no detriment on the environment.
These issues will continue to be raised by the public; they are important decisions. However, I do not believe that we should just hide behind the issue of whether something is necessarily popular or emotive. We have many people in our community in places like the Katherine Research Station who are qualified to deal with crops, have studied crop husbandry, and they do not want to see anything that would cause a disruption or detriment to the environment. They have done a lot of work in areas like the Katherine trials.
At the last sitting of parliament, I presented the findings of the Katherine trials, which, for some reason, did not seem to have been distributed publicly, although they had been released in March. The report showed that there were certainly some advantages in growing genetically modified cotton. That is not to say that we should not have concerns, but what am saying is that if we go down this path, we should tread it wisely. We should use the knowledge we have. We should not necessarily be so scared of it that we are not going to poke our heads above the water.
The debate certainly can become quite heated and controversial, as member for Katherine said. But part of the reason that happens is because if you have a government that has said from day one, regardless of the outcome of our trials, we will not grow cotton, then you have a government that is not going to show a bias by promoting the results of its own trials to people because that will be against the very thing they are trying to stop. All I am hoping is that this debate can be opened up so people will be able to debate it, which is very good, with sound reasoning and knowledge.
I was just looking through the Hansard from the last sittings. I did not see the sound science or reasoning. I heard a lot of emotion and political rhetoric. That is what annoys me. If we are to have a sustainable agricultural economy, we should be looking at all the ways possible to do that.
If we can grow crops without spraying, surely that is better than growing crops with spraying. If we can do that through genetic modification that we can prove will not be a detriment to the environment, why aren’t we looking at that? I am not trying to go down as the great pusher of GM, but I am saying in certain cases – as is the case with cotton – it is a possibility. I am told that this year in Queensland and New South Wales, the amount of GM cotton that will grown will be probably 60% of Bolguard II. They have increased the amount of GM cotton because they see the advantages. It is highly regulated, and that is what I would expect it to be, but it has the potential to reduce the amount of insecticides we are putting into the environment. There are some promising moves in this area that we should look at carefully.
So when I say that I find the government a little bit hypocritical, it is because the government says all these great things about gene technology, but in its heart, it does not really believe it. That is why I felt that I had to say what I did. The government now supports good legislation that will protect the health and safety of people and protect the environment by identifying risks. That is right. We set the trials in Katherine to do exactly that. We have the Office of Gene Technology to make sure that those things will not get out of hand. We have all that information. No matter how much information we have, we say we are not going to grow it, which is a bit hypocritical. We support the systems to make sure it will not affect the environment and, on the other hand, we say that regardless of the trial results, we do not want to do it.
That is why I feel that the minister’s statement on this is hypocritical. I have counteracted by making a cynical response. We have to keep our minds open to this technology. We need to make sure that we do not do anything silly, but if we are to progress as a society, we have to take some risks. Those risks should only be taken with knowledge and wisdom, but we certainly should not be going in the other direction where we just put our heads in the sand and say: ‘No go’.
I support the legislation, as I said, Mr Acting Deputy Speaker, but I find it hard to swallow when it comes from the minister who opposes this type of development in our agricultural economy.
Motion agreed to; bill read a third time.
Continued from 14 October 2004
Dr LIM (Greatorex): Mr Acting Deputy Speaker, I rise to respond to the Treasurer’s Annual Financial Report, which was tabled in October. Interestingly, I spoke with the Treasurer only this morning as to whether this topic would come on today and was assured that it would be on Wednesday. It shows you what sort of government this is; they cannot manage the business of parliament properly. This government does not know how to set up its own agenda.
Anyway, we will proceed with our response to the TAFR without further delay. Reading through the Treasurer’s Annual Financial Report and comparing it with previous documents, while it is well set out now and is easy to compare with previous years because of the way it has been presented, which makes comparison much easier than previously, it shows clearly that this government is awash with money, without a doubt, that has been invested and is earning interest. I will come back to that.
Despite the largesse from the Commonwealth government, this government has done very little with it. It is a government without direction, without planning. In fact, many people have commented that it is government by accident, development by accident and they take all the credit for what has happened around the Territory. Bootu Creek has happened. Terrific! Then they look at something else that has happened and that is terrific. Alcan has happened. That is terrific. They put a claim on it as if it were their project. You could hardly say it is their project. What have they done towards even making sure that the economic environment is there, that these projects can go ahead and survive?
First, let us look at the government forecasts made in various budgets over the last three years. It has forecast annual growth of something like 5% or 6% each year, and yet we know that, come the end of the year, we have had only zero or negative growth or 0.5%, well below what they have forecast.
How, then, do you plan a budget for growth when your forecasts are always way off the mark? You have problems with population growth or population decline would be the way I would put it; the population in the Territory has continued to shrink until the last six months or so. In the last six months, the population growth has been primarily due to what? To births! This increase in numbers will not contribute in any gainful manner to the Territory for at least the next 15 to 16 years.
When you look at employment, it continues to lag well behind the country. Where this government should be promoting employment and population growth, it has been presiding over continuing shrinkage of population in the Territory and opportunities for employment in the Territory. When you talk about closures of shops and offices in the CBDs of Darwin and Alice Springs, this government completely ignores them. When you tell them that they should not be creating a commercial centre away from the CBD, they tell us that we are anti-development. We are saying that it is important to ensure that businesses survive well in the Territory and you do that by creating an environment in the Territory that will allow these people to do business.
Every year, we spend something like $2.5bn. That sort of money should be spent by government to create an environment where every business will prosper, where people will have confidence in the Territory, where they are prepared to buy a new car, extend their work shed, employ more people. That is what the government should be doing. I do not know what they do with the money. If you look at the interest revenue from central holdings that this government has reported in the budgets over various years, in 2001-02 it was $9m; in 2002-03 it was $12.9m; in 2003-04 it was estimated to be $13.8m. What did it get in reality? $30.4m. This is interest revenue, I remind you, and for this financial year, 2004-05, it is anticipated to be $23.3m. $30m interest last financial year, and $23.3m this financial year. To have that sort of interest coming from a bank, you have to have a lot of money sitting in the bank.
The question has to be asked: has the government put away a whole lot of GST money in some hollow log in a bank somewhere and is receiving interest? You have to ask the question because that is the money being reported in the budget each year. When you go back to the 2003-04 interest revenue, they estimated only $13.8m and they received, in reality, $30.4m. That is double the amount in interest alone!
You have to wonder how much capital has been harvested by this government, put away, and then suddenly, over these last few months, seeing it being poured out, as if everyone is having Christmas presents a lot earlier than Christmas day.
When you look at what the government says about where the money has come from, it has a cash surplus of $36m, $60m of improvement on the original budget for 2003-04. It says a lot of that comes from increased GST revenue of some $88.7m. We have been saying that GST has been the greatest windfall that this government has ever had. It is coming in volumes akin to what it was like when money was coming from the federal government to the Northern Territory just after self-government. At that time, the CLP government used the money effectively, put down infrastructure, created employment, and that generated population growth in the Territory. This government has not done that. Instead, they put it away, stash it away, so that they can spend up big just before the election. They have had higher than expected dividends and taxation revenue from all the businesses in town. That has to tell you that maybe this government is one of the highest taxing governments that the Territory has ever had.
Mr Henderson: No, it is not!
Dr LIM: It is. Your tax …
Mr Henderson: Lowest taxing jurisdiction for business in Australia.
Dr LIM: I pick up on that interjection from the Leader of Government Business. He says that this is the lowest taxing jurisdiction in the country. This government keeps saying, year in year out, that we are the lowest taxing government in the nation with the hidden message that we have lots of room to move, and we will now start to knock up the taxes even higher than what they have been in the last three years. When they talk about being the lowest taxing jurisdiction in the nation, they talk about our tax effort, which is not as good as the rest of the states, and we have to increase our tax effort. What does that mean? Yes, this government is going to tax Territorians even more than what they have done already.
What this government really needs to look at in tax effort is that, out of the 200 000 people living in the Territory, are we all paying taxes, or are only a few of us paying taxes at such a high rate that we are in fact generating 90% of the tax effort for the whole of the Territory? This government has to come to terms with the fact that they are the highest taxing government the Territory has ever experienced. It is time to put a hold on it and ensure that the Territorian lifestyle is protected, and let Territorians decide how they are going to spend the money. It is not for this government to dip their hands in their pocket, ripping money out of Territorians, and stashing it away for a rainy day so that they can do something positive for their own political gain.
The TAFR dealt with Commonwealth funding to the Territory, which constitutes about 80% of total Territory revenue, as though we should be apologising for that. If you look back over the development of Australia, the eastern states have all had some 200 years of development and, until about 50 or even 30 years ago, we never talked about cost benefits. The Commonwealth and states would put in funding to build infrastructure at public cost. It has only been within the last 20 years or so that we have had this terminology ‘cost benefit’. Now, everything has to be justified.
When money was being spent in New South Wales, Queensland, Victoria, South Australia, Western Australia, no money was spent in the Territory. In fact, money that should have been spent in the Territory in those days was taken away and spent in the eastern states. Now it is our turn and we should not apologise at any time that we are receiving 80% of our revenue from the Commonwealth. It is our right, our turn, to receive it now and we should be pushing harder than ever to say: ‘You guys have had our money for umpteen decades, now it is our turn to get the money back so that we can develop the infrastructure that we so desperately need’. The CLP did that very well during our years of government when we were receiving federal funding and assistance. This government should be out there lobbying the federal government as strongly as possible to ensure that money keeps coming in.
I have talked about this government being the highest taxing government. All you have to do is look at the real estate industry and how stamp duty collection has been going. The minister admitted that stamp duty collection has been unexpectedly very high. In the dot points here, it says increased taxation revenue of $10m largely from stamp duty on conveyances. The real estate industry had something else to say. I quote this from an article in the NT News real estate guide written by Sue Shearer of REINT, entitled Government has duty to show us the money:
So, you see there has been a huge windfall to this government.
Mr Henderson: How come everyone is leaving?
Dr LIM: The Leader of Government Business is trying to distract me from what I have to say.
The reason property has been changing hands in the Northern Territory is because of southern investors, not because of our population in the Territory or people moving to the Territory to occupy places that have been bought. This is money being sent to the Territory by southern investors because they have found that real estate in southern capitals has come to a plateau and they are not making money from it so they are turning their money here.
That is the problem. This government continues to ignore all that. If the government was serious, with all the money that they have been receiving, they should be pumping it into business and development so that we have the infrastructure for the longer term. Instead, we have seen nothing for it.
In the last two years or so, we have noticed a change in fiscal policy. I wonder why there has been a change. I suggest that perhaps this government has started to see after so many years in government that they started on the wrong foot. It is quite clear from the Fiscal and Economic Outlook, Budget Paper No 2, of this year and I quote the paragraph on page 4:
That is a point I made earlier: they started forecasting a 5% or 6% growth rate when in fact we have about 0.5% or zero or minus 0.5%. I continue the quote:
So it has abandoned that. Unless the government starts looking seriously at how it is going to promote employment and population growth, we are going to be in an ever-tightening downward spiral and getting nowhere.
I want to go back to a comment that was made earlier today about retail trade. The minister for Business said: ‘Our retail trade is up and is fantastic. We have done so well. Sensis have given us such a big boost in praise in how the Northern Territory is doing’. What he does not realise is that seven out of 10 business are still struggling; seven out of 10. That is a lot of businesses not doing well. Unless he can get it past the 50% mark, I don’t think he should be crowing.
The reality is that over the nation, the seasonally adjusted figure for retail trade fell by only 0.7% in October. Guess what the fall was in the Northern Territory? 1.1%. That is an equivalent drop of $1.8m. It comprises a fall in food retailing, clothing, soft goods, household goods, hospitality and services. That is the problem and this government does not recognise it.
If you do not recognise this sort of thing is happening, wearing coloured glasses and trying to see the world in a rosier light, what happens is that you do not manage the economy. You do not see it clearly; you just sit back and say: ‘Oh, well, it will happen because Alcan is going to spend $1bn or the developers of the wharf will spend $1bn and the railway line spent $1bn’. It will all happen not because the government has a focus, but because it happens to be there. Serendipitous may be the right word to use.
Look at building approvals. Total dwelling approvals have come to a plateau and are starting to fall back a little bit. For October 2004 for the nation, it went down 3%. The trend estimate for the Northern Territory was downwards by 4.7%, the third largest fall in Australia behind the ACT and New South Wales. There was also a large fall in the value of total buildings approved.
Is this economy really on the up and up? The answer is: no, it is not. If it is, those figures should not be coming downwards. How is this Treasurer, who seems to be presiding over growth in the economy in the Territory, going to respond to all these downward trends in figures that are readily available to him and his officers? Let us hope that, come the next budget, if we see another one before the next election, there is further change in fiscal policy to ensure that we have a better stimulation of the economy in the Territory.
I said earlier that our tax effort is now well above what we can reasonably expect to pay. If I were in government, I would be starting to think seriously about how we can relieve businesses in the Territory from paying more and more into government coffers.
We are about how to decrease the cost of doing business in the Territory. The cheaper it is to do business in the Territory, the more likely it is that businesses are going to come and invest in the Territory. Until we are prepared to do that, we cannot expect businesses to prosper.
What I can say about the Treasurer’s Annual Financial Report is that it makes it easier to compare this one with the previous one and that makes it more transparent than it has been. However, you still have to plough through a lot of facts and figures to see where things have gone and whether it is right or wrong, and whether the figures add up. I have spoken already about the interest revenue from the Central Holding that has been increased.
Mr Deputy Speaker, I have made enough comment about the state of the economy of the Northern Territory. There are issues that the government needs to look at very closely to ensure that we do not continue to suffer a population loss. We have to ensure that our employment starts to improve; we must turn the corner and we have to do it soon otherwise we will have more difficulties. I hope this government, with all the money that has been put away, can now kick-start some of the businesses in the Territory to ensure that we do not keep going into this downward spiral.
Mr BURKE (Brennan): Mr Deputy Speaker, I want to make a couple of comments about the Treasurer’s Annual Financial Report.
First, it is in a format that is easily understood and that is good. I ask the Treasurer to comment, as a point of clarification for me, on the Auditor-General’s comment that may be a continuation of comments made in the past about a CLP government in the way that the Treasurer’s Annual Financial Report was presented. It would appear from his comments that whilst it is presented fairly in accordance with the Financial Management Act, the Auditor-General says:
That reads to me to mean that the Auditor-General is continuing a criticism of Treasury that he made against the previous CLP government in the way these financial reports were presented. I recall that it was a point of criticism by the then opposition about how the CLP government presented these reports. It seems to me that, now in government, the ALP is swayed to maintain that CLP position. If that is the case, I would like an explanation on it because it seems to be a departure from the position of the then Labor opposition as to how this sort of information should be presented. It certainly appears, in the opinion of the Auditor-General, to be an inappropriate way of presenting the Treasurer’s Annual Financial Report.
It is, as the opposition spokesman said, a report that demonstrates, in all fairness, that the government should get down on its hands and knees and say: ‘Thank you, John Howard’, because it really is a reflection of the economic activity stimulated by the efforts of the federal government over some years now, three terms, reinforcing their support for John Howard at the last election, that has allowed the Northern Territory government to have the flexibility to put monies into programs where they feel those priorities are needed.
On my perusal of the outcomes of the 2003-04 financial year, as reported in this financial report, it indicates that revenue to the Northern Territory government has increased, as stated in a number of areas of this report, primarily because of the GST. This is just one quote amongst many:
The flexibility given to the government in delivering its programs comes primarily from the activity generated through GST, and that activity, on my perusal of the document, shows that at least $88m in additional spending, as forecast in the budget, has been provided to agencies.
You would poll in the same way that we poll. Your polling would be telling you, I am sure, that there are several issues: what is the government doing with all the money it is getting from the GST? How is that translating into jobs for Territorians? How is that translating in assistance to small business in the Northern Territory? How is that translating in getting more skilled workers to the Northern Territory? Most importantly, if we are going to invest in the Territory, in our business or in other developments, we need people in order to get security of that investment, so where is government’s priorities in meeting those parameters?
Frankly, Treasurer, as I look through the results of the 2003-04 financial year actuals, the big spending items seem to be the sorts of things that all governments should do rather than a government that is focussed on achieving those sorts of outcomes. If you look at the big ticket items, there are increases to the Chief Minister’s Department above budget of about $1.5m, and that is attributed to additional marketing of the Territory’s activities. I would call that self-promotion. In this document, it is additional marketing, but no indication as to what outcome has been achieved for that $1.5m extra above budget, and above the significant appropriation of $49m that was given to the Chief Minister’s Department alone in the budget.
Another big ticket item is an additional $7.5m on top of the $28m that was published in the budget for the Tourist Commission. No one denies that the Tourist Commission needed more money. There is no doubt that the opposition supports the additional money. However, we have a right to ask the questions as to what that $7.5m has achieved to secure greater tourist numbers to the Northern Territory.
Unfortunately, the people who suffer seem to be Territorians and, particularly, public servants because where the government has saved money in the Central Holding Authority, we can see that saved money from actuarial reviews of superannuation costs and of workers compensation costs, and increase in the market value of conditions of service reserve investments is shown as a minus, as an additional increase to the market value of conditions of service reserve investments.
I ask the Treasurer to explain that item to me because I do not understand it. However, when it comes to the cost of workers compensation in the future, those costs to government are decreasing considerably. Therefore, someone suffers, and that is the worker in the public service. That has to be seen in the context that the government is probably in a better financial position than it has been for many years as a result of the significant flexibility of the GST. As the opposition spokesman said, in areas such as stamp duty, why isn’t that being passed back to consumers?
The Leader of Government Business stated that Northern Territory government is the lowest taxing jurisdiction in Australia. That might sound good in this Chamber, but if you say that to any businessmen out there, they would not agree with you. It might be a cute statement in here, but it would not fly for five minutes amongst the small business person out there because they do not see it that way at all. It is clearly enunciated at page 14 of the Treasurer’s Annual Financial Report that says that whilst our capacity to tax in comparison to other states is about 79%, our effort in achieving that capacity is 90%. Whilst our capacity to raise own-source revenue in comparison to other states is about 90%, our effort is also 90%.
When it comes to the government getting as much money as it can from the taxpayer, whether it be a small businessman or worker, there is no doubt that, in effort, the government is doing a pretty good job. So you cannot stand up and …
Mr Stirling: Oh, rubbish! Compared to the Australian average! Have a look at it against the Australian average!
Mr BURKE: Okay, you have made some changes. You have made some reductions and you claim that those are massive reductions. The reality is that they are not. They are small changes. There is some small relief in payroll tax, but small. Do not try to suggest that in the last couple of budgets, this Labor government has provided to Territory businesses the lowest taxing regime in Australia because they simply will not wear it. The reason they will not wear it, and it is a fault of this sort of presentation, is that it might look good to compare the Northern Territory with other states, but anyone who would suggest, particularly the Treasurer or any minister, to Territorians that the conditions in the Northern Territory are the same as in other jurisdictions is on the wrong angle.
When it comes to small businesses in the Northern Territory, they would be called micro-businesses down south. We do not have medium businesses in the Northern Territory. If we do, we have very few of what would be classed as medium businesses in a southern jurisdiction. The conditions of business operating in the Northern Territory are entirely different in many respects from the conditions that many businesses operate in down south. We have to be very cognisant of that situation. To suggest to them that because our efforts are on a par with other states, we are doing great is not good enough, particularly when they know that revenue coming through from the GST and investment activity is not being stimulated by this government; it is being stimulated by the confidence that investors who have made big money in southern states have and are now looking for other opportunities. They know that revenue is coming through the government and they want to know how the government is going to help them to ease their business costs.
If one looks at the general government sector taxes, I would have thought that motor vehicle registration fees were a pretty good indicator of economic activity because there is something going wrong. The Treasurer might wish to explain that. On page 117, in 2002-03, motor vehicle registration fees were $38.402m, and they have dropped to $33.612m …
Mr Stirling: You do not remember the $90?
Mr BURKE: … in this 2003-04 period. There must be many vehicles in the Northern Territory being registered interstate, and that comes to me more and more often by way of complaints from businesses that there are too many vehicles running around the Northern Territory that are registered interstate rather than here, and that figure reflects that amount.
Mr Stirling: The $90.
Mr BURKE: Sorry?
Mr Stirling: It is the effect of the $90 coming off.
Mr BURKE: $33m to $38m. You only raised $6m? I thought you were on track to raise about $20m when you cut it out. You only raised $6m in your rego levy?
Mr Stirling: It came off 18 months in and it was supposed to be in for three years.
Mr BURKE: You only raised $6m in your rego levy? Anyway, that aside, if that is the answer, I still believe that businesses are concerned about the number of vehicles that are registered interstate, and stay registered interstate whilst they parade around the Northern Territory. That is something the government needs to look at.
On page 108, in the financial summary, it states that there was an under-expenditure on Commonwealth projects for conservation of natural resources of $6.128m. I wonder if the Treasurer could explain why that under-expenditure occurred.
As I said, in the general expenditure of government, there is no doubt that each of the departments has received significant expenditure above that projected in the budget. I am sure the Treasurer will say: ‘That is the way the government does business. As needs arise, we provide them with more money’. It does not bode well for a government that said when it came to government that if CEOs did not stay within their budgets they would be sacked. Your outcomes show that the published budget really means nothing because the amount of monies that each department is expending over and above that in the budget is upwards of 10% in the case of some agencies.
Another question I will ask the Treasurer that may be easier to answer arises on page 92, Northern Territory Treasury revenue and expenditure. In revenue, it states that there were lower than expected subsidies and grants payments for the Alice Springs convention centre - and I can understand that - first home owner grant, petroleum subsidy and community benefit fund grants. The first home owner grant is reflected as a cost to Treasury. I would have thought that those grants would have been aggregated in the department of Housing. I may be wrong, but I wonder why that line item appears there rather than the business division of Housing, which I thought manages that activity. Certainly, the minister, who gave a statement in this House, was not the Treasurer; it was the minister for Housing when he spoke about those first home owner grants. How that money is apportioned is a question that I have.
With those few comments, and I am sure the Treasurer will happily answer them, I would like to thank the officers involved for the presentation of the Treasurer’s Annual Financial Report. It is undoubtedly a good report from a government perspective of meeting its fiscal strategy. I applaud the government for that, simply with the rider that that applause really should be shared with one John Howard who has given the Northern Territory government the flexibility through the GST to deal with some of the issues that they see as priority.
My disappointment, I emphasise, is that there does not appear to be sufficient money being spent on the areas where I believe priorities really lie. If it comes to infrastructure spending, there does not seem to be anything here to show where the government has committed to infrastructure spending. There are reductions in infrastructure spending based on big projects such as the railway and the port that were committed to under a CLP government, but nothing coming through in commitments by this Labor government. There are no schools being built, but extra money going into things like nurses’ and doctors’ EBAs, additional Aboriginal housing, a large amount of money going into Aboriginal areas, which is fine; I do not begrudge that.
Certainly, one looks to see where an equal effort is being applied to those things that drive the Northern Territory economy because social programs are one thing but, at the end of the day, it is how strong this economy is overall and how small businesses are supported that will see a bright future for everyone.
There is a small amount of money allocated for the Jobs Plan, about $700 000 in total. We hear a lot about the Jobs Plan. I would like to know more detail as to how that will work. When it comes to skilled workers coming to the Northern Territory, I might add that I went to Greece and Kalymnos recently and talked to a number of people including business people. I was surprised to receive a delegation of about 15 people who are workers who want to work in the Northern Territory. I understand that there are some officers in government who may be aware of this. These are people who are prepared to do the hard work, concreting, plastering and roofing, skills that are desperately needed. I know of businesses in the Northern Territory that are prepared to sponsor those workers for up to 12 months or more. The names are there. The people came to see me - not all of them, but some of them. They would be on an aircraft tomorrow to fill those jobs.
When the Northern Territory government says not only are we putting in an effort on jobs and spending millions of dollars promoting the Northern Territory, why don’t you get your focus down to the sort of things that we can do? I would have thought that a submission to the Commonwealth government whereby the Northern Territory government would act as a guarantor to the sponsors that are already there would be in order. I am sure the member for Casuarina would know the names of the businesses that would take those workers tomorrow. Why can’t we get them here?
I am told that the Commonwealth has proposed a policy whereby, when it comes to Greek workers in particular, there are some imposts on them coming to Australia. I would have thought the Northern Territory government would say if we are job hunting for Asians and Irish people in different trades, what is wrong with Greeks? They are the people who have built the construction industries to a large extent. They have not only committed to the Territory’s future in the past, but continue to do it. When it comes to the people who are out there every day of the week doing the really hard work under the really tough conditions …
Mr DEPUTY SPEAKER: Your time has expired, member for Brennan.
Ms CARTER: Mr Deputy Speaker, I move that the member be granted an extension of 10 minutes in order to conclude his remarks.
Motion agreed to.
Mr BURKE: To sum up, people are looking for a government to really put paste on the issues before them. It is one thing to visit other countries and talk about relationships and things in the future, but it is quite another to deal with the issues that are before us today. That is one of them. I ask the Treasurer, when it comes to his portfolio area, to look at that issue and see what can be done to get those workers and others here.
With those few words, I thank the minister for his tabling statement and seek clarification on the issues I raised.
Mr STIRLING (Treasurer): Mr Deputy Speaker, I thank members opposite for their comments. I believe I have rounded up most of the issues raised. I might have missed a couple from the member for Brennan. I would be happy to get a note from him later in respect of a couple that I missed in getting exactly where he was coming from in the report.
The outcome for 2003-04 was a $36m surplus. In Budget 2003, we forecast a $24m deficit, so it was an overall improvement throughout the year of a $60m turnaround, and that surplus was because of an additional $156m in revenue across the board, $89m of it in GST, increased payments through Specific Purpose Grants of $39m, an increase in own-source revenue from Territory taxation of $10m and other receipts, generally sales of goods and services across government, at around $18m.
The increased GST, no secret there, is from higher than anticipated receipts from the GST pool, and it is the accumulation of GST into the pool that determines what states and territories will get when it is distributed to them by the Commonwealth based, of course, on the relativity that they set. That relativity they set costs us $48m in forgone revenue as a result of the last setting of the relativities.
Increased taxation receipts from the Territory are based entirely on increased economic activity in the Territory, because we have cut taxes. We cut the payroll tax rate from 6.5% to 6.2%. We lifted the threshold from $600 000 to $800 000 and, again, on 30 June next year, it will go to $1m. The effect of that is to take out 127 local businesses that had previously been in the payroll tax net. They will be out. They will not pay one cent. Others, those who are still in the net, will receive reductions of up to $20 000 off their payroll tax bill as a result of shifting those thresholds. That means we are the lowest taxing jurisdiction for businesses of 20 or fewer staff, but from 1 July 2005, we will be the lowest taxing jurisdiction on businesses of 40 or fewer staff. That will give us a major competitive edge.
In relation to stamp duty, and the member for Greatorex raised the issue around the Real Estate Institute of the Northern Territory, I said at the time on radio, and I stand by it, that all taxes levied by this government come under review at the time that we look at Budget Cabinet. We look at it from the point of view of effect on the economy, equity and fairness and what can be afforded by way of tax relief.
In relation to stamp duty, we already lifted the threshold for first home owners from $80 000 to $125 000. We introduced the $1500 rebate on the principal place of residence. Since 2002, those measures together have put something like $14m back into the pockets of Territory home purchasers, $14m that would have been spent in the Territory and allowed those people to furnish and fit out their homes. That is $14m sitting in their pockets for spending in the economy rather than accruing to government.
In relation to where this money goes, we did get that last minute payment of $36m in additional GST just a week before our budget came down, and expenditure across 2003-04 was $88m higher than forecast. Now, that money generally went in additional services. We are starting to see the fuller impact of the O’Sullivan police review payments, the extra 200 police coming on; the continuing additional monies into tourism, 7.5 by 10 by 10, that is $27.5m overall; the increases in mental health and child protection within the Health Department; education and training initiatives; the 100 extra nurses and 100 extra teachers.
Of course, the members opposite need to remember that each of our capital works budgets in the three years that we have brought budgets down have been records in their own right. Of course, that takes money.
The Real Estate Institute did make a number of claims, not all of which stack up. I will just pick up a couple. The Real Estate Institute comment was that $644m worth of real estate was transacted in 2002-03, and over $1bn in 2003-04, comparing September 2003 and September 2004, there was a 27% increase from $216m to $275m. From the Australian Valuation Office, the value of sales is collected at the time of settlement and the 2002-03 figure is quite different from that put out by the Real Estate Institute of the Northern Territory.
The figures under the AVO were: 2001-02, $627m; 2002-03, $717m; and 2003-04, $1057m. If you compare the September quarter 2003 with September quarter 2004, the value of sales increased by 22% to $263m. With the exception of 2003-04, conveyance stamp duty collections in the past five years have been relatively steady or in decline as recorded in the 2001-02 year. If you look at 1999-2000, it was $34m; 2000-01, $28m; in 2001-02 it climbed back to $34m; 2002-03, $43m; and 2003-04, $64m.
The Real Estate Institute also said these figures do not include stamp duty received from commercial real estate or pastoral property transactions. In fact, stamp duty on conveyance includes business, pastoral, investment and residential conveyance. It is difficult to classify stamp duty collections between business and non-business conveyances, particularly as a number of residential conveyances can be for investment. Due to the limited number of large commercial transactions separately identifying the sub-categories, you really could breach taxpayer information given our size and the amount of knowledge out there of what goes on.
The Territory collected just over $109m in 2003-04 from stamp duty generally. It consisted of conveyance duty, $64.4m; motor vehicle registration transfer duty, $15.7m; insurance duty, $19.4m; and other duty, $9.8m. The Real Estate Institute said the Territory received $37m from stamp duty on residential sales in 2002-03. Of the $43.2m received in stamp duty from all types of conveyance, only about 65% of that relates to stamp duty on residential property transactions. Therefore, the $37m figure cited by the REINT would assume that 86% of total conveyance stamp duty would be from residential conveyances, so it really over-estimates and overstates the estimate by about a third.
There are a number of inaccuracies in their information that Treasury has identified. We really need to go back to the Real Estate Institute of the Northern Territory and remind them of what we have done. These questions are always under review as we get to Budget Cabinet, and we should show the institute where their figures and the estimates are increased.
The strategy that we continue to apply, in the first place, ensures that we continue to provide sustainable government services. That means repairing damage done to the base of agencies’ budgets by the CLP before we came to office. That is a body of work that still has to go on because there was neglect in those last years of the CLP in relation to properly funding agencies to enable them to do the job with which they are charged. As I said, in 2003-04, for a competitive tax environment we reduced some taxes on business. The full-year effect of the stamp duty reductions has just started to kick in. The taxation reduction effect will, of course, be amplified this year with further changes to payroll tax and other business taxes.
The third point is the prudent management of liabilities; that is, managing the business of government without blowing the bottom line. You have to balance the two. One thing that I am particularly pleased about, because it does point to a bright future, is the way that we have tackled debt by picking up those cash surpluses, by better management of interest payments overall and, through careful planning, we are beginning to have an effect on the bottom line on debt. If the opposition is not grateful for that, well, the community will be and the community into the future, and certainly our children, will be more grateful for it than perhaps we are today.
Nett debt we have managed to reduce by $67m from $1723m in 2002-03 to $1656m in 2003-04. That is not a huge move, but at least a move in the right direction to start eating into that enormous body of debt that underlies everything government does. Nett debt plus employee liabilities has reduced from $3508m in 2002-03 to $3453m in 2003-04. Again, not a huge reduction, but preferable to what I saw in about the 11 years that I was sitting in opposition in this place where we continued to see those figures trending in the wrong direction. It has been a massive job to turn that around. Small those reductions might be but, incrementally, they will add up over time.
I turn to the comments made by the member for Greatorex, and I become annoyed with a couple of generalised and very loose statements that the opposition tends to make from time to time. That is, in the first place, that we are ‘awash with money’ and we ought to be on our hands and knees to the federal government for their largesse. There is no largesse attached to the Howard government. The GST as it is distributed is collected by the Commonwealth and then distributed by the Grants Commission against the relativities. There is no generosity here at all. If the GST is growing, that is because of the housing boom down south, but it is the end result of what is going on in the economy and what is bought and sold.
I will tell you why there is no generosity from the federal government: if people think that the GST revenues have continued to climb, and they have over the first few years of its introduction, you need to step back and have a look at what the federal government is accruing by way of its duties and income taxes because they far outstrip the growth in GST. How do you think Costello is able to announce $5bn and $8bn surpluses? The highest taxing federal government this country has ever seen producing surpluses of that sort of nature.
This is the other line that really gets up my nose: they accuse us of being the highest taxing government and awash with money and we have put it all away. The way we run the books, member for Greatorex, there is no possibility of putting money away. It is transparent. You said yourself, and the member for Brennan said it is a terrific report; at least we can read it and understand it. That is unlike the struggles we used to have when you blokes were in government. There is no ability to put money away for a rainy day. We are on track for a balanced budget. If we were putting money away, we would be on track for a 10, 20, 100 or whatever million dollar surplus that we were tucking away for a rainy day. We are on track for a balanced budget and next year - guess what? - and the year and the year after that, we slip to modest deficits. How can this government be putting money away when we have forecast a balanced budget for this year and modest deficit for the next three years?
If you want to talk about being the highest taxing government, have a look at page 13 in the Treasurer’s Annual Financial Report: taxation revenue per capita, general government, in 2003-04 in New South Wales per capita it was $2225; in Victoria, $2068; Queensland, $1684; Western Australia, $2096; South Australia, $1818; Tasmania, $1322; Australian Capital Territory, $2315. The all states average is $2016. Northern Territory? $1326; $4 per capita ahead of Tasmania.
Members interjecting.
Mr STIRLING: For the sake of four lousy dollars, we are not the lowest taxing jurisdiction in Australia!
It would be worth getting rid of that $4 so that we were the lowest taxing jurisdiction in Australia: $1322, Tasmania; $1326, Northern Territory. Bad, bad, bad by $4 in second place at the lowest, and we can go all the way up to New South Wales at $2225. It is on page 13. Have a read instead of coming in here and shouting across the House about us being the highest taxing government.
Members interjecting.
Mr STIRLING: In 2003-04, Tasmania at $1322 and the Northern Territory at $1326 had the lowest level of taxation revenue per capita of any state or territory in Australia. Of all state jurisdictions, the Territory experienced the smallest increase of taxation revenue per capita from the 2003-04 budget, being more than three times lower than the state aggregate increase.
This can be explained by higher activity in southern property markets relative to the Territory where property activities have been more subdued. In addition, states and territories have pursued tax competitive polices in recent years to attract business investment and population growth. Increases in Territory taxation revenue reflect increased economic activity in the effect of inflation rather than increased tax rates. The chart is there, the state-weighted average. Sitting right up here are ACT and New South Wales right at the top.
Dr Lim interjecting.
Mr STIRLING: The little dark one just above the line is the Northern Territory. Do not come in here with this nonsense of this being the highest taxing government. Look at the federal government for a high taxing government. $8bn surplus; you can ask Costello what he is going to do with the $8bn surplus. Talk about taxes and full of largesse and how generous they are; they are racking up credits like you wouldn’t believe, four and five times what is distributed back to the states through the GST.
Madam Speaker, the member for Brennan pointed to the comments from the Auditor-General. They, of course, have been in these reports since 1999. The issue was debated at the Alice Springs sittings in May last year, if I recall. The same question arose and it is the difference between uniform presentation framework, which we adopt, and AAS31, or the Australian Accounting Standard 31. We have moved a little closer, in relation to how we report everything, to AAS31, but it is still not intended to be possible to tick that off in the way that avoids that opinion or comment from the Auditor-General.
Nonetheless, it is something that has been done since 1999 and will continue to appear in these reports until 2006-07 or until such time as all the jurisdictions in Australia make up their minds in conjunction with federal government as to which format they will adopt. We think that it is probably going to be very close to what we have adopted, so we won’t be making any changes there.
The member for Brennan asked about why the first home owners grant appears under Treasury in the Treasurer’s Annual Financial Report. I am advised that Treasury has always run the first home owners grant, not Housing, so that is why that is there.
There were a couple of other questions raised by the member for Brennan that I did not address. One was the non-expenditure of a Commonwealth grant by one of the agencies, but if he wants to get a note across to me, I will find the reasons and get answers to him on those questions.
In essence, Madam Speaker, ‘awash with money’? No! Largesse of federal government? No! Our genuine right, as is the right of every other state and territory, is to have our proper share of GST. If we want to look at where the largesse is accruing, it is accruing to the federal government by way of their taxation polices on Australians at a massive amount. It sits in Costello’s hands as billion dollar surpluses that could be used, of course, to be further stimulating this country. $48m we lost as a result of the relativities and we have lost that probably for the next five years if we do not get a satisfactory result in relation to the couple of questions that the Treasurer undertook to look at with Northern Territory Treasury and the Commonwealth Grants Commission. They were questions around the amount of interest this government pays on debt and the unique circumstances by which …
Madam SPEAKER: Your time has expired, Treasurer.
Mr STIRLING: … property depreciates. With those remarks, I thank members opposite for their contribution to debate.
Motion agreed to; report noted.
TABLED PAPER
Auditor-General’s Report to the Legislative Assembly:
Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Ltd
Madam SPEAKER: Honourable members, I present the Auditor-General’s Report to the Legislative Assembly: Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Ltd. I call on the Treasurer.
Mr STIRLING (Treasurer): Madam Speaker, I move that the report be printed.
Motion agreed to.
Mr STIRLING (Treasurer): Madam Speaker, I move that the Assembly take note of the report and I seek leave to continue my remarks at a later hour.
Motion agreed to.
Mr AH KIT (Housing): Madam Speaker, I move that the Assembly do now adjourn.
Madam Speaker, it is with great sadness that I rise tonight to advise that a senior elder of the Urapunga and Ngukurr region, Doreen Duncan, passed away on the 17 November at the age of 97 years. Doreen was a highly respected member of her community and will be sadly missed by everyone. Her funeral will be held at Urapunga tomorrow Wednesday, 1 December.
Among her many achievements, Doreen was an important witness in the successful Yutpundji-Djindiwirritj and Minamia Land Claims back in the 1980s.
Doreen is survived by her sons, Arnold, Rodney, Samuel and Dennis and her daughters, Martha, Hanna, Margaret and Rhonda, her many grandchildren and great grandchildren.
I extend my sincere condolences to all family and friends of Doreen. May she rest in peace.
I am also very sad to advise the House that Willie Blitner of Angurugu on Groote Eylandt has also recently passed away following an illness. Willie was only 54 years old.
I got to know Willie really well in my visits over the last nine and a half years, and before that when I was the Director of the Northern Land Council. Willie’s father is Gerry Blitner, a member of the Northern Land Council for many years and a prominent Aboriginal leader. Even through Gerry is in retirement, his advice is still sought by community leaders.
I extend my condolences to Gerry and to Willie’s brothers and sisters, Donny, Alan, who is known to his friends as Zulu, Irma, Wendy, Annie and Neville; his daughters, Camelia, Stephanie and Angela; and his grandchildren, Robert, Shaun, Zacherary, Juan, Briella, Alisha and Jay. May he rest in peace.
Madam Speaker, as this sitting is the last before Christmas, I would like to take the opportunity to wish everyone a Merry Christmas and Happy New Year, and thank them for their efforts over the course of the year.
First to members of the Gumatj and Warumungu peoples who are close friends or family: may your festive season be a safe one and a celebration of family. I would also like to acknowledge Mr Robert Lee, staff and members of the Jawoyn Association in Katherine.
To all the Aboriginal organisations and associations, their members and supporters: keep up the hard work you are all doing. A Merry Christmas and prosperous new year to you all. In fact, let me wish all Territorians a Merry Christmas and a Happy New Year.
To the people of my electorate of Arnhem, I extend special Christmas and new year wishes: Mr Tony Wurrumbarra as the President of the Anindilyakwa Land Council, festive greetings to traditional owners, members and staff of the Anindilyakwa Land Council; Mr Jabani Lalara, Council members, staff and community members of Angurugu; Ms Anne-Marie Lee, community management board and members of Barunga; Ms Maria Farrell, Community Management Board and members of Manyallaluk; Mr Richard Kennedy, Community Management Board and members of Wugularr community; Ms Fay Roberts, Council members, staff and community members of the Jilkminggan; Mr Michael Miller and Sheila Joshua, Council members, staff and community members at Minyerri; Mr Lazarus Murray, Community Management Board and members of Gulin Gulin; Mr John Dalywater, Community Management Board and members of Weemol; Mr Charles Djirarrwuy, Council members, staff and community members of Milingimbi and a special thanks to Alfred, Johnny, Jennifer, Batitji and Ross who have helped me on numerous occasions when I visited Milingimbi as the local member; Mr Wilfred Wurramura, Council members, staff and community members of Milyakburra; Mr Samuel Numamurdirdi, Council members, staff and community members of Numbulwar; Ms Veronica Birrell, Council members, staff and community members of Nyirranggulung Mardrulk Ngadberre Regional Authority, and the communities that have formed Nyirranggulung: Jodetluk, Manyallaluk, Barunga, Wugularr, Weemol, Bulman, Werenbun and outstations; Mr Richard Bandili, Council members, staff and community members of Ramingining community; Mr Claude Mamarika, Council members, staff and community members of Umbakumba community; Mr David Daniels, Council members, staff and members of the Ngukurr, Urapunga and Badawarrka communities; special thanks to Nancy and Grant Burgoyne from Alyangula whose assistance has been invaluable. I trust the coming year will see you and all your families a healthy and prosperous time.
I also extend best wishes and seasons greetings to all the staff at the Legislative Assembly: the Clerk, Ian McNeill, Jane Gunner, Brian Cook, Graham Gadd, Joanne Carbone, the Deputy Clerk, David Horton and Rick Gray, who retired on 18 November 2004, Vicki Long, Mary-Anne Almond and Cherie Thorpe who look after our electorate offices; everyone in Hansard including our Serjeant-at-Arms, Helen Allmich, Sue Gray, Robyn Smith and Elizabeth Olajos; the Building Management mob including Jan Bradley, Alastair Vivian and Phyllis Mitchell; Tara Wearne in Human Resources; Kathy Cercarelli in the Speaker’s Office; Elizabeth Clark for looking after travel; everyone in Committees – Pat Hancock, Terry Hanley, Liz McFarlane, Kim Cowcher; our IT whiz kids Naoko Kitazato, Mike Watson and Matthew Pickering; Steven Stokes and Annette Brown in the Table Office; Brenda Reid, Alice Tsang and Rex Schoolmeester in the Finance office; Sonny Rachman in Registry; Jan Sporn and Anna-Maria Socci in the Parliamentary Information office; Gale Jamieson, Lyn Bond and the hard workers in the Parliamentary Counsel office; also to Derek Stafford, Tony Hume and Tony Hibberd who make sure the building doesn’t fall down around us.
In the spirit of Christmas, I wish my parliamentary colleagues a Merry Christmas and prosperous new year, and I look forward to seeing you in the Chamber in 2005.
Festive greetings to the staff at the Department of Chief Minister including the Cabinet office, especially Julie Nicholson and Nuala Murphy for her work with Community Cabinet.
Merry Christmas to all the security personnel. They do a great job, sometimes under very difficult circumstances. The government car drivers, Gary Wilkshire, Wayne Kessell, John Dinoris, Hardy Dunkel, George Bacic, Thor Schjolden and Bill Harris when he fills in from time to time, thank you for your precision driving skills. And thanks to Cynthia Thompson of Harvey World Travel who organises all my ministerial travel.
Also, best wishes to the staff of my Department of Community Development, Sports and Cultural Affairs, including the Secretariat and Northern Territory Library staff. Thanks, too, and best wishes to the Executive of CDSCA Mike Dillon, the CEO, Sylvia Langford, Dennis Bree, David Coles, Phillip Leslie, Trish Angus and Fiona Chamberlain.
To members of the media here and elsewhere in the Northern Territory, politicians and reporters often have a weird relationship, but at least we have shown we can play darts and lawn bowls together.
And to my hard working staff: first, my gratitude to Phil Powling who looks after my electorate office. Thank you for your hard work this year. Although biased, I have to say I have one of the greatest electorate officers in the Territory.
To Karl Hampton and Mandy Taylor from the Office of Central Australia who look after me with ministerial responsibilities in the Central Australia and Barkly regions, thank you for your continued support and assistance.
To my ministerial staff Jamie Gallacher and Michael Gunner before him, Chips Mackinolty, Jeanie Govan, Kate Worden, Dianne Stanford, Deanna Hampton and my Personal Assistant, Kylie Bell. A special thanks to Danyelle Bodaghi as my hard working departmental Liaison Officer and to Brian Hylands, who temporarily worked as the DLO some months earlier this year.
Finally, I would like to acknowledge the support from my family and children: my wife, Gail, daughters, Ngaree and Trish, who is with us in spirit and my sons, Jonathon and Bardi and grand daughter, Talisha, thank you for your continued love and support.
To everyone I have inadvertently missed out, my apologies, but Merry Christmas and please do have a prosperous new year.
Ms CARTER (Port Darwin): Madam Speaker, in less than one month, Territorians will be commemorating the 30th anniversary of Cyclone Tracy and the devastation that she visited upon this city.
Darwin has a tragic history due to the geography of our town. We are devastated from time to time by cyclones, and, in 1942, World War II. I was not here in 1974 when Tracy struck on Christmas Eve, but I, along with many of us here, cannot ignore the impact that cyclone had on this city and on the Northern Territory as a whole; and the fact that I cannot ignore it indicates the power she had when she struck this town.
We all know the details of the cyclone. The fact that for a day or so before Tracy struck, many people living in this town, as they have subsequently, did not pay much attention to the warnings, did not take it particularly seriously, did not really have a yardstick against which to measure such an event, and just got on with life and the excitement of Christmas coming along.
As we all know, much to everyone’s surprise in this country, Tracy struck with devastating force. The power of her winds were not measured because instruments were broken as a result of the strength of those winds. I am sure all of us have been to the Northern Territory Museum, the Tracy display, stood within it and listened to the sound of a recording of the winds as they struck. I believe that recording came from one of the islands.
It was a pretty scary event and you only have to talk to survivors of Tracy to get their stories and understand how frightened they all were in the face of this cyclone. Not only did Tracy ruin houses, and we only have to look at the paper, the NT News over the last few days, to be reminded of that level of devastation, the fact was that the entire city was damaged and most of it blown away. Not only was there loss of buildings; there was also loss of life, and we will never know exactly how many people were killed by Tracy. There are estimates of the many hundreds of people whose lives were lost, and we will never know that. Also, of course, many pets, loved animals of people, would have been lost in they cyclone. I do not think I have ever heard stories yet about pets, but I am quite sure that many were killed by the cyclone. Treasured possessions were blown away, gardens were completely removed, and buildings were devastated.
The result of the cyclone was that Darwin has been rebuilt into the beautiful city that it is today. That rebuilding has taken on the effect of the development and the enforcement in particular of a cyclone code for our buildings.
Last Thursday night, the member for Nightcliff and I were both in attendance at the Anglican Cathedral in Darwin for the first of the commemorative activities, a dinner. At that dinner, a number of people spoke and one of the things we learnt about was how in 1972 a cyclone called Althea struck Townsville in Queensland. As a result of Althea’s damage, Queensland developed a cyclone code and, very quickly, that was taken on board in the Northern Territory so that by the time Cyclone Tracy struck, the code was already in force and new houses had to be built by the code.
Apparently, quite a few people, prior to the advent of Tracy, in Darwin were somewhat miffed that they were having to do this extensive extra work on their houses such as the way roofs are secured to the rest of the building, and people prior to Tracy were a bit put out by the cost of this. I am quite sure that after Tracy, those who kept their roofs never regretted the extra cost they incurred as a result of the cyclone code building standards. Hopefully, all of us living in the Top End who have to comply with that code will really appreciate it if we ever have to face a cyclone of the nature of Tracy again.
The other thing that happened after Tracy was that many of the people who suffered from it picked up the pieces and moved on. There are many people in Darwin today who have grown as human beings, who have learnt what they can cope with and survive, and have developed admirably as a result of Tracy. It is part of the pride that we have in the Top End when we look at Darwin and see what has been achieved in the last 30 years.
Madam Speaker, in 1978, four years after Tracy struck, I was a student nurse at Southport Hospital in Queensland, and it was the recounting of stories by one of the registered nurses of her Cyclone Tracy experience that lured me to Darwin. So Tracy did have that effect on me because it sounded like such an exciting place to live as she told her story about being under the operating theatre table at the old hospital when the roof blew off and then the wonderful experience she had here as a nurse after Tracy caring for people and coping with what the aftermath brought.
On Thursday night, when I attended the Anglican Cathedral function, a woman named Jacquie Williams read some poems from a book she has written about Tracy. It is called Cyclone Child. It is a most unusual view of the cyclone because this woman had a baby about a week before Tracy struck. She was living in Katherine and came to Darwin to buy some clothes. She was expecting to deliver in Katherine. She was going to buy her maternity set-up and the baby’s set-up. Unfortunately, she went into labour and the baby, whose name is Debbie, was born five weeks premature. She has written a series of poems and, with your indulgence, with a capital ‘I’, I am going to read a few of them because they are quite short and they provide a different perspective of Cyclone Tracy. These are coming from the view of a young mum. She started writing the poems prior to the arrival of Tracy, well prior, and it goes through the whole experience of having a baby. I will spare you my reading of that, but it demonstrates how Tracy just dropped into her life experience.
I am going to start with the first part of the poem called Conversation with My Baby. This was written on 13 December 1974:
I finished working today.
I am expecting you in January.
I love you deeply,
you, alive, in me.
I’ll miss them, when we’re two.
Now we move to Christmas Eve, 24 December, and Jacquie writes:
The next poem is called Wakening. This is now 25 December:
The last poem I will read is called First Hours Alone with Debbie. Members need to be aware that because Debbie was born premature, Jacquie has been quite frustrated and upset by the fact that her baby has been kept in the special care nursery and she has had very limited contact with her. Here is the poem:
Madam Speaker, that is my reflection, with thanks to Jacquie Williams, on Cyclone Tracy, which struck nearly 30 years ago. Here is hoping that it will be at least another 30 years before any of us have the experience of Cyclone Tracy or something similar.
Mr VATSKALIS (Casuarina): Madam Speaker, it is the last sitting week for the year, and I would to reflect back on the year. It has been a very busy year but a very productive year, especially for my electorate. I have worked very hard, and I am very pleased to hear that some of the things I promised to deliver are actually happening, especially looking at the advertisements in the newspaper in the past few weeks for the upgrade of the Nakara Primary School - $1m that I promised - and Alawa Primary School for $1.8m.
In addition to that, we have seen the changes in Royal Darwin Hospital, the decommissioning of the incinerator, and the realignment of Trower Road, and the TV reception, something that frustrates a lot of people in the northern suburbs when they cannot watch the rugby, soccer or AFL without ghosting. I am very pleased to hear that many of these issues have been addressed and rectified.
I believe the only thing that has not been completed is the Skateworld park we promised. That is because the Darwin City Council, which I have approached and discussed the issue with, are conducting a review of the swimming pools and, probably in the next few months, we will resolve this promise and will see another entertainment area for the children in Casuarina.
I always enjoy attending events in my electorate and the high school graduation ceremonies that take place this time of the year. I was very proud to attend Dripstone High School graduation ceremony last Friday, 20 November, to farewell the young men and women who have completed their Year 12 studies. They will be leaving to be find out what real life is all about. It was an outstanding night. I witnessed a significant number of students receive awards for the hard work they have done. I was very pleased to attend and to present some of the awards.
I would like to mention some of the students at Dripstone High School who received awards. The Junior School Award was given to Nomikos Rakkas; the Year 12 Aboriginal and Torres Strait student was Simone Liddy; and the Senior School Dux of Dripstone High School were Christina Darkarakis and Vasilios Magriplis. I was very pleased to present my special award, the Kon Vatskalis Achievement Award to Benjamin Anderson. Dripstone is a microcosm of Darwin, kids from any background, all growing together, studying together. I was very pleased to hear the stories they had to tell about their school days and how they are dreaming about going to university or to work and becoming professionals in different areas in life. I congratulate and wish all the best to the graduates. Good luck to Year 11s who are heading towards Year 12 and graduation.
I also enjoy morning tea with the senior people in my electorate. I know we celebrate Senior Week once a year, but I believe for me every week is senior week, because I have senior villages, nursing homes and many senior citizens in my electorate. I always enjoy going to their home to have a cup of tea or coffee, or invite them to my office to share a cup of tea.
I was very pleased to go to Tambling Terrace Senior Village, a senior village run by the Housing Commission, where a number of senior Territorians enjoy life in very beautiful houses with beautiful surroundings. I was a guest at Mr and Mrs Dogou’s house, in the company of Mr and Mrs Sinclair and other people. We had a fantastic morning tea and Mrs Sinclair took me around and showed me her fantastic garden. It is very difficult to imagine, that in 400 m2 somebody could have a two-bedroom house with a magnificent garden. I jokingly refer to it as the wildlife park, because it is absolutely magnificent - full of trees, flowers, birds and wildlife.
Another social club I enjoy visiting is the Happy Migrant Social Club which meets every Wednesday at Casuarina Library community room. In this group, there are migrants, young and old, who are attending classes, learning English and socialising. The oldest student is an 80-year old Chinese lady who is learning English. I was very pleased to invite them to my office in parliament and have a morning tea on the balcony. They were very impressed with the view. I congratulate Ms Cecilia Raddatz, the coordinator, and Randall, a teacher who teaches English to these migrants. Some of them have just arrived from overseas. They have very limited English skills, but they are very willing to learn English and be part of our community.
I was also very pleased to find out that the Darwin City Council has finally made a decision to close, on a trial basis for three months, a laneway that leads from Jocelyn Park to the Casuarina Bus Depot. In the past few months, it has been the focus of antisocial behaviour. As the police pointed out to me, it is used as an escape route for vandals and juveniles, and there is always trouble when the police pursue them. Finally, after many complaints and letters, Darwin City Council, working together with the Casuarina Shopping Square, decided to close that lane on a trial basis from 7 pm to 6.30 am. Hopefully, that closure will lead to peace and quiet for the residents.
I would like to refer to the point made by the member for Brennan regarding his recent trip to Kalymnos and his meeting with many people from Kalymnos who would like to come to Australia - especially people who are not Australian citizens but would like to migrate permanently or for a short period of time. Migrating to Australia is very difficult because the assessment for migration is very rigorous. You have to have skills in the English language, be qualified in a trade and have people here who support you. Some people from overseas cannot meet the criteria, so they fail the migration requirements.
With regard to skilled migration, I have had a number of Greek people complain to me, not only because they could not bring their relatives to Australia to be employed, but also because they themselves could not employ people. This does not only apply to people from Greece, but also from Germany. To give you an example, a family came to me complaining that they could not bring their cousin to Australia despite the fact that the cousin had a qualification and work experience in Greece because the Commonwealth Overseas Qualifications Office assessed him and rejected him. The excuses for rejecting him were that the documents attached to the application were not original documents, or they would not accept translations done in Greece, or they could not see clearly how he was employed before, which I find very difficult to believe. I will be following it up with our officers here in the Northern Territory as well as the officers in Canberra.
On another occasion a person I know very well wanted to bring a person to work in his factory to cut granite and marble. They found a suitable applicant from Germany, but the requirements for that person to come to Australia were so onerous that the person could not go through and accept the requirements and the obligations put to him to bring somebody from Germany to Australia. It appears that it is very easy to migrate from other countries in the world rather than from the European Community. I find it extraordinary that qualified people, people with experience, are knocked back and that the Commonwealth would not consider that in some countries many people are actually learning a trade by experience rather than going to a trade school or a vocational school.
As I have said before, I am at one with my colleague, the member for Wanguri, the Minister for Business and Industry, because we need skilled people in the Territory. There is a significant lack of skilled people. We have lost many skilled people in the past and we need to bring these people back. If we cannot bring these people back, we need to be able to bring people from overseas either for a limited period of time or for permanent migration. The population of the Territory will grow through migration either from industry or from other countries and we have to work very hard to achieve that. I promise I will be working very closely with my colleague, the member for Wanguri.
With the Christmas period now, I was very pleased recently to launch the annual K-Mart Wishing Tree Appeal at K-Mart in Casuarina Square. The initiative is proudly supported by the Salvation Army and K-Mart. This year the appeal’s theme is ‘Every gift brings a smile’, highlighting the tremendous difference that every gift donated will make to a child this Christmas. The appeal has become an important part of Christmas in Casuarina. To participate, just take a gift tag from the wishing tree, buy a present, attach the gift tag and put it under the tree. It is not necessary to buy a present from K-Mart; you can buy it from wherever you like. The gift will find its way to a child in the Territory and bring a smile to a child’s face on Christmas Day. This year, they are expecting to collect 2 million gifts nationally. Here in the Territory they expect to collect about 3000 gifts. I was very pleased that my sons decided that they wanted to make their own personal donations and I was very pleased to put, on their behalf, two gifts under the tree.
I would also like to send good wishes to Mr and Mrs Hugh and Maidie Roberts who, on 30 December, will be celebrating their 60th wedding anniversary. That will be a wonderful celebration, not only the end of the year, but their 60th wedding anniversary. I congratulate them on their long and happy life.
I would also like to say my Christmas wishes to all the people I know, all the people who work with me, all the people who help me and certainly, Madam Speaker, I would like to extend my best wishes for a very Merry Christmas and a Happy New Year to you and the staff in your office. Thank you for all your help during the year and your tolerance and your patience, especially understanding my accent sometimes.
I extend my best wishes to the Chief Minister and all my friends and colleagues and to the members of the opposition. To the Clerk, Ian McNeill, the Deputy Clerk, David Horton, and all the staff of the Assembly for their hard work; to Mr Graham Gadd and his staff; to Helen Allmich and the Hansard ladies who have developed special skills to interpret and decipher my speeches; to Corporate Services and Ms Vicki Long; to Building Services, and the Committee Staff.
In my ministerial office, the hard working staff, especially Mark Hough, Eunice, Ray, Nicola, Chandra, Jailee and James for the fantastic support throughout the year. To my excellent, fantastic, wonderful, overworked electorate officer, Debbie Rowland who is always there, even on Saturdays and sometimes on Sundays, working very hard and helping my constituents in Casuarina and bossing me around to do things that sometimes I do not find the time to do.
To Andrew and Cheryl Fyles, very good friends, who have been an enormous help throughout the year. To the people in my department, hard working people, people in the Office of Ethnic Affairs, the people in Mines and Energy and Primary Industry and Fisheries who work very hard to achieve the things we want to achieve together. I send my wishes to Mike Burgess, the CEO of my department, to John Carroll, the second in charge; and to Jim Laouris who recently took over Ethnic Affairs, and to all the staff.
To the drivers who respond very quickly to things that can change from one moment to another moment, for their skill, dedication and their hard work. Thank you to the people in Protocol for organising the functions, especially in my portfolio of Ethnic Affairs.
To all the school principals in my electorate, Lyn Elphinstone from Dripstone, Barry Griffin from Nakara, and Sharon Reeve from Alawa; to all the teachers, staff and students at Alawa, Nakara Primary and Dripstone High Schools who do a tremendous job. I look forward to seeing them all bright and happy, ready to start a new year in 2005.
To the police force at Casuarina Police Station, Murray Taylor and Mike Reed and all the police men and women who do a fantastic job in Casuarina. I have seen them on their motorbikes, and on their bikes and foot patrols, and certainly the situation at Casuarina has changed tremendously in the past few years. I congratulate them for an enormous effort and a quick response to any request I make.
To the media, our best wishes for all the good and the bad stories. As my colleague, the member for Arnhem mentioned, we have developed a very strong relationship and we will be celebrating soon at the media parties.
I extend my special wishes to my family, my wife, Margaret, and my children, Alexander and Michael, for their tolerance and patience, especially when Michael sometimes says: ‘And when is going to be the next time that we all sit together as a family to have dinner together?’ after long trips, which actually breaks your heart, but is part of the job.
I extend, at this time of political correctness, my wishes to all Territorians for a very Merry Christmas and a Happy New Year.
I was very disappointed to read in the newspaper the other day that a couple of religious teachers told their children there is no such thing as Father Christmas. Well, Madam Speaker, they are absolutely wrong. There is Father Christmas, or I should say, there was Father Christmas. In Europe, they call him Santa Claus, Father Christmas, Saint Nicholas, but his real name was Saint Basil and he was the Bishop of Caesarea. The story of Father Christmas started many years ago when Caesarea was still a Roman province, and the provincial governor decided to send a big present to the Emperor of Rome and directed every person in his province to donate one of the most valuable things they had, and they had to deposit it in the Royal Treasury by a certain day, which happened to be before the end of the new year.
The people in the area were not very rich, they were very poor, but everybody donated a ring, an earring, a golden coin, so a large amount of gold and jewellery was collected by the Royal Treasury. That night, when the Provincial Governor went to bed, he dreamt that an angel came and warned him that he was going to die because of they way he was treating his people. So the governor, in his fear, the next morning called the Bishop of the city, and the Bishop was Basil, and he told him about his dream. Basil told him that he had to give back all the jewellery to the people. But as there were no receipts or official records he did not know what to do. So he asked the bakers of the town to bake pieces of bread and in each one put one of the golden coins. Next morning, which happened to be 1 January, in front of every door was a piece bread. When the people cut it, they found a golden coin. This tradition is still followed in Greece. Every 1 January, they have Saint Basil’s pie, as they call it, which is a cake with a golden coin in it. So, Madam Speaker, there is Father Christmas, after all.
Dr LIM (Greatorex): Madam Speaker, I would like to report on the trip I recently made to India and Malaysia as part of my attempt to learn more about early childhood education.
Whilst I was in New Delhi, I had a detailed briefing at a round table with the Australian High Commission in India, and received a detailed briefing from Austrade about opportunities in the burgeoning industrialisation of India.
Interestingly, when I was there, the Premier of New South Wales, Bob Carr, was also there and the High Commissioner advised me that two weeks prior to Bob Carr turning up, Mike Rann, the Premier of South Australia had also visited New Delhi and the High Commission. Two weeks before Mike Rann, Peter Beattie, Premier of Queensland, also visited New Delhi and attended briefings at the High Commission. She commented that, with all these leaders of each Australian state coming through, maybe it is time that the Northern Territory also had its ministers attending India. When I asked why the sudden interest in India, and three premiers visiting just about every second week between September and October, the comment made to me was that people in Australia are starting to recognise that India is a burgeoning country with huge growth and growth potential, and Australia has now taken a sudden interest in it. I advise the Minister for Asian Relations and Trade that it is time he cast his eyes across to that part of the world also. It is not that much further from Darwin than Tokyo, for instance.
India’s population is 1.2 billion already, and I suggest to you that, over the next 10 years, it is going to pass China in population growth. It has 16.7% of the world’s population, 54% of whom are less than 25 years of age. The wealth in that country is tremendous while, at the same time, you see immense poverty amongst many of the Indians in the lower caste. It is the world’s second-fastest growing economy with growth rates of about 8%. Although agriculture is the major source of employment, in technology, particularly information technology, it is now very much coming to the fore. India’s foreign exchange reserve is something like $US119bn, with around $US15bn of foreign investment. Between Australia and India, there is significant investment as well, worth about $A1bn in bilateral investment.
When I went to India, I also wanted to look at call centres and what call centres can do for the economy of a country or a community. The Centralian Advocate wrote quite a positive article about my trip, whereas the Northern Territory News decided to give me a bit of slap on the knuckles for even daring to go there to look at that, and was quite disparaging in its comment about my wanting to study the effect of call centres.
I visited a call centre which is part of a business located in Australia to see whether call centres deprive Australians of employment, or whether they generate employment, and to see how they perform their functions. New Delhi has 1000 call centres, ranging from a few seats - which defines the number of operators working at the call centre - to one that has 14 000 seats. Some call centres are there to provide help; a call centre where operators receive calls from all over the world to provide support in IT, answering calls about broken down washing machines to ordering pizzas, or whatever.
There are other types of call centres which are telemarketing centres and, depending on which call centres you talk about, one call centre such as the one which provides a help centre would actually cost jobs outside Australia, whereas a telemarketing call centre would generate jobs in Australia.
I will explain a bit more. Take, for instance, a company like IBM. I know IBM has a call centre in New Delhi. IBM sells computers, calculating machines, and cash registers. If you have a problem with an IBM computer and you need support, you pick up a phone and dial a 1800 number or a 1300 number. That call will be transferred to New Delhi where an IT expert or help person would talk you through the problem. You talk to the person, discuss the issues and, sometimes, they can talk you through your problem over the telephone while you are in front of your computer, and you get your problem sorted out. Or perhaps you want to buy a Dell computer. You ring a 1800 number and you are, in fact, connected not to New Delhi this time, but to Penang, Malaysia, where a salesperson will sell you a Dell computer over the telephone. It is then mailed by air express to your home within a couple of weeks. You have those sorts of call centres where they provide a service.
Obviously, a call centre such as that can be just as easily based in Australia or in India. The reason why businesses have based their call centres in India is because of the cheaper running costs of those call centres. The labour cost is cheaper so your nett employment costs come down. In terms of other business infrastructure such as floor space leased, electronics, etcetera, that would cost more in Australia compared to India. Therefore, you would use India as your base because of the cost effectiveness.
Surprisingly, the cost of a phone call to these call centres is very cheap compared to a local call cost in Australia. Normally, when we pick up a telephone and ring a local number, it will cost anything from 15 to 25 Australian, which works out to be about 15 to 18 US. In India, to make a phone call from New Delhi to Australia would cost about 2 US. It is cheaper to ring into Australia from New Delhi than it is to ring a suburb of Darwin from Darwin. Therefore, from a business point of view, it is cheaper to have a call centre in New Delhi. There is a cost saving, so you have your call centre in a country that has cheaper labour.
Yes, those sorts of call centres will cost jobs for Australia. Is it right or wrong? If it is too expensive, would a business open up a call centre in Australia? If the business will not open up a call centre, how do clients then get service? By mail or other means. Let us all go down to your local retailer who would then provide you with support. Whether it be a computer or something else, you can still go down to your local supplier, I suppose, and get support.
The other type of call centre is a telemarketing call centre. Here there is a significant difference. A company in Australia sets up a call centre in New Delhi. You either purchase a building or lease a floor space. You purchase or set up your own electronic infrastructure, or you lease the equipment for the period of time that you want to use the call centre. Then you employ the staff. The staff are currently being paid almost twice the average wage of a professional working in India. The call centre I visited employed doctors, nurses, and lawyers who had formerly worked for government, because the call centre paid them more in wages than they would be earning working as a professional for government. All the employees in the call centres are university graduates. All the university graduates are looking for employment with a call centre. When you have 1000 call centres that have a few seats to 14 000 seats there are huge openings in India for such employment.
The operators, through an automatic dialler, randomly ring into Australia using the white pages, for instance, and the telephone number is linked to a name and address in the white pages, and talk to the person. A name will flash up on the screen, a standard script would be read out to the person who answers and from there the operator tries to engage the person on the other end of the telephone asking them whether they would be prepared to spend a couple of minutes of their time talking to a salesperson. That is all they want to know. The average call would last for 30 seconds. So an operator in an hour would generate something like 120 calls into Australia at US2 per call. In a day of 8 hours working at 120 calls per hour, you are looking at something, like 900, nearly 1000, calls per person.
If an operator making 1000 calls per day generates even 5% leads for the company - in other words, out of 1000 calls that operator makes that operator can get 50 people saying, ‘Yes, I will talk to you salesman’, that list of 50 would then be transferred immediately to another call centre, this time based in Australia, where a salesperson speaking the Australian vernacular would ring up those 50 leads in the hope that they will be able to convince a few of the 50 leads to buy their product. Out of that 50 they look for about 25% conversion from leads to customers. Once they do that then they get a commission from the company selling that product.
That is how they do it. So that sort of call centre generates jobs for Australians. So before we start saying, ‘No, we must not outsource our call centres to overseas countries’, we need to think about what sort of call centres they are. If it is a call centre that provides services into Australia then I believe there is an issue. Then again, you need to ask the question: if it is too expensive will a business set up a call centre in Australia? The other type of call centre is a telemarketing call centre which generates employment and productivity for this country and perhaps they are the ones that we need to seriously consider as something very positive.
The call centre I looked at was not very large with around 75 seats which telephone only into Australia. For instance, General Electric has 14 000 seats. One-third of them will work one shift that services Australia; the second shift services the United Kingdom and Europe; and the third shift services the United States and the American continent because of the time sequence. That call centre works like a factory for 24 hours; the machinery does not stop. The people change shifts but the electronics keep going 24 hours a day and that is how they generate their income. It is quite amazing to see them at work. It very loud and very noisy, but because of noise cancelling headsets …
Madam SPEAKER: Your time has expired, member for Greatorex.
Mr STIRLING (Nhulunbuy): Madam Speaker, Alcan has announced the signing of a gas agreement with the Blacktip Gas Project for the supply of natural gas to Alcan Gove’s alumina refinery. The signing of the agreement represents significant milestones in the development of the proposed trans-Territory pipeline. Supply of natural gas to Gove will replace imported oil as a primary energy source for the Gove refinery and with the expansion will provide Alcan with an improvement in overall aluminium production costs.
It is expected that the tender process for companies seeking the right to construct, run and maintain the trans-Territory pipeline will be completed during the first quarter of 2005. Alcan’s contribution to the Northern Territory economy was recognised by an NT Export Award. Congratulations to Alcan, which has sustained its export performance over many years in an increasingly competitive alumina market.
Congratulations on the Tidy Town Award recipients recognised recently in an awards ceremony at the yacht club. Receiving awards were the Gove Yacht Club, the Ryffel family, Tom Brown, Rogers Transport, Brambles Gove, Jock Laird and Daniel Yunupingu. These people were all recognised for long standing and significant contributions to litter control in the East Arnhem area.
Nhulunbuy Primary School travelled to Dhalinybuy to participate in a shared sports day recently. I commend the communities for their initiative and focus on cultural sharing. The day is not a competitive sports day; it is an opportunity for students from very different walks of life to mix with each other, share life, make new friends, and fish for barramundi in their favourite waterhole on the Cato River.
Exchanges between schools of Nhulunbuy and Yirrkala Homelands is difficult owing to distance and the expense of travel, but there is a concerted effort to overcome these obstacles and generate greater cohesion between the local schools. Dhalinybuy teacher, Gurumin Marika, is excited about more exchanges, and is looking forward to his students coming to Nhulunbuy to see the town kids at their school. Congratulations to all involved in coordinating the school exchange and promoting an important step of cultural understanding for students both at Dhalinybuy and Nhulunbuy.
Music is a powerful tool and at the Yirrkala CEC, this tool is being used to improve the attendance and teaching outcomes at the school. The year has seen the continued success of the music program which has gained national attention and improved outcomes for student attendance. The program was initially set up by the Yambirrpa School Council, which employed Northern Territory School of Music staff to teach the students instrument skills. Yothu Yindi bass player, Stuey Kellaway, and music teacher, Jo Taranto have seen the students become confident performers and confident song writers in their own right.
Since the program began the students have jammed with well known Australian musicians such as Paul Kelly, David Bridie, Paul Mac, Mandawuy Yunupingu and Peta Morris, to name a few. This year, the school band, consisting of 18 secondary aged boys and girls, travelled to Sydney and country Victoria for a series of well received performances at a host of primary and secondary schools, Deakin University in Geelong and the Sydney Maritime Museum.
Many of the students are enrolled in the Northern Territory Certificate of Education Stage 1 or 2 Music and English, as well as Certificate 1 or 2 in Music Industry Skills, and this trip was incorporated into their studies. Well done to the students for outstanding success on tour and in the classroom, and to the principal, Leon White, teachers, Stuey Kellaway and Jo Taranto, for their initiative in setting up such a fantastic program for the students with such outstanding success.
Marthakal Homelands Resource Centre and Mapuru Food Cooperative have been recognised nationally for its Mapuru Food Cooperative, tagged as an important heart health initiative in the 2004 Heart Foundation Kellogg Local Government Awards. The awards recognise local governments pro-active in community-based initiatives which promote and support cardiovascular disease prevention. This self-help project was started as a way to provide nutritious food for a remote homeland community whose only access to a store was via chartering an aircraft to Elcho Island. It has enabled the homeland’s school teacher and students to develop a curriculum based on planning and running a co-op to develop their literacy, numeracy, health, and enterprise understanding and skills. Mapuru Food Cooperative is an outstanding example of a smart heart health program and has received the national award for the Small Rural and Remote Community Project. Galiwinku will celebrate this project on Thursday when the award will be presented. I wish them well as the project continues to grow, promoting healthier lifestyles within Yolngu communities.
When Community Cabinet came to Nhulunbuy, one of the issues raised was the need for a multicultural committee to be reignited. I am pleased to report the committee was formed under the leadership of Hala Tupou and Gil Avila, and I was indeed privileged to share in an evening of cultural experience last Saturday at the Town Hall. The evening was MC’d by Banambi Wunungmurra who contributed to the evening’s success, and with a smorgasbord of various cultural dishes and entertainment, and a large, appreciative crowd, we look forward to the cultural evenings becoming a regular event. Thanks to Hala Tupou, Gil Avila, Banambi Wunungmurra, and all those involved in providing a great night’s entertainment for the community.
As local member, I take this opportunity to thank the schools, local industries, government departments, Alcan, Yolngu community organisations, and the general public for their valuable contribution to a great region. I wish everyone a safe and happy Christmas.
In addition to the many people from my electorate I wish to acknowledge, I also pay tribute to people with whom I work in my ministerial and parliamentary role. This year, October 27, marked my 14 years as a member of this parliament. I am now the ‘Father of the House’ in the quaint old term of Westminster history. No one of the original members of this Assembly I started with, either on my side or in the opposition, remain from those days, but there are people who do, and I would like to mention some of these tonight: the Clerk, Ian McNeill, a wonderful man. I have had many good hours of advice, Madam Speaker, but many lousy tips! I wish him well for Christmas. The Clerk Assistant, Graham Gadd, is another feature of this place and a top bloke; and Serjeant-at-Arms, Helen Allmich, the second woman in Australia’s history to become serjeant; and the Clerk of Bills and Papers, Steven Stokes, a great footballer and a top bloke.
Someone we do not see in the Chamber, but has been here helping politicians for many years is Gay Lovett from the Parliamentary Library; she is a gem of history and knowledge. Tony Hibberd keeps the lights going and the building ticking over, always with that infectious smile. The Hansard crew – many people from years and years – a happy Christmas to each of them and may Santa bring you articulate debate in 2005. To other parliamentary officials, all the best, and to those who keep the place going and services up to members.
I also thank the security staff – Warren, Esther, Rick, Tarni, Don, Shane and the gang. I pass on seasons greetings to Parliamentary Counsel. Having an activist government is not the best possible outcome for parliamentary drafts folk. Judging by the amount of legislation being attended to this week, it is easy to see just how hard these people work. For my own part, I am particularly grateful for the work done on the Portable Long Service Leave Bill in quick time.
I thank school teachers, school council volunteers and the school administration staff for their continuing dedication to students and to getting education right. As members know, there are always many issues in education. I felt pleased this week to be announcing a pay rise for administrative staff in schools. It is a deserved rise for people who work above and beyond the call. I also thank DEET and WorkSafe staff in offices around the Territory, Chief Executive Peter Plummer and his extensive team, who offer strong support and advice to government. I have now visited around 140 schools across the Territory in all sorts of locations. I have unfailing respect for the job our schools and teachers do.
I thank Jennifer Prince and the staff at Treasury; and Elizabeth Morris and the Racing, Gaming and Licensing staff. Putting the budget together is no mean feat. It is an exhausting and long process. Treasury do that, and advise government across the whole-of-government and they do it in a fine way. Elizabeth was a great pick up for Treasury from the Department of Justice. She has not yet gotten hooked on pokies or having a flutter on the office race horse, but I am sure we are not too far off in getting her down that path.
I thank John Kirwan and his team from the Office of the Commissioner of Public Employment. Again, an incredible bunch of hard working, dedicated public servants, engaged in some quite stressful EBAs at the moment. They have my best wishes for the Christmas period. I wish John Flynn, the Board of TIO, and Mr John Tsoroutos, our dynamic General Manager of TIO, as well as the staff, a prosperous 2005.
The private sector – I hope the economy of the Territory continues its major growth and strengthening in 2005 in the way that 2004 has turned around. To the many business people I meet every year, I wish you well. To business representatives, John Baker, Greg McLaughlin, Kevin Peters, Rick Paul, Ray Walton and Wayne Zerbe, I thank you for your work throughout 2004 and look forward to working closely with you throughout 2005.
I send my Christmas and New Year greetings to the union movement. No doubt, the industrial relations agenda of the Howard government will keep many of us busy throughout 2005. I wish them well in protecting the rights of workers that could be well beyond a wholesale assault past mid-next year, and the Labor government will work alongside them.
I wish to express the thanks of government to all public servants, more than 16 000 staff, almost 2000 of whom are in remote communities, who keep the business of government ticking over efficiently. They have my heartfelt thanks and I hope they have a great Christmas and New Year.
I wish colleagues in the government a well deserved Christmas break and, hopefully, a successful 2005. To opposition members, a Merry Christmas. Thank you, Gary and the drivers for all you do. You do a great job of getting our ministers to all sorts of places where they need to be.
Mr Deputy Speaker, I wish you a wonderful Christmas – a warm one. It will be for Madam Speaker in Central Australia. Thank you to your staff for their ongoing assistance throughout 2004. Member for Nelson, have a great Christmas break. I thank the staff of all ministers’ officers for their help throughout 2004 and wish them all the best for Christmas.
Finally, to my electorate staff, the two Jennys, and my own staff upstairs who work so hard to see me supported at all times; it is genuinely appreciated.
Ms CARNEY (Araluen): Mr Deputy Speaker, I rise to talk about a couple of health issues, one in particular on behalf of a constituent. The government, or government members - I think the Chief Minister and the Health minister - have been sent an e-mail from a Michael Bongiorno in relation to the position he and his wife, Melinda, find themselves in at present.
These people live in Alice Springs and, therefore, if they want elective surgery, are part of the 1400 people in Alice Springs on the waiting list for elective surgery. This figure was confirmed by the Health Department in the last month or so. Interestingly, the Health Department - I think in a media statement - said that there are about 1300 people waiting for elective surgery in Alice Springs. The minister then came out and said it was just in excess of 1400 people. That is an appalling situation. I have been reading through some of the Parliamentary Record and noticed that, when Labor was in opposition, it had much to say about how outrageous it was for people to be on waiting lists for long periods of time. Well, I doubt there has ever been anywhere near that many people.
Mr Bongiorno and his wife were told, very recently by a practitioner at the hospital, that it could take a very long time, indeed, for his wife to have a cataract operation. The Bongiornos speak very highly - as do I - of the hospital staff and were very happy with them. However, they were devastated to hear that the cataract operation could not be done for many months - probably even a year or so. They then needed to have a think about what they were going to do.
I have been advised that these people have now booked a trip to travel south at considerable cost to them. Mrs Bongiorno will be having her cataract operation in about a week. Interestingly, she is a public servant who needs to take five days off her sick leave. The costs of going to Adelaide of course are not covered. It is a cost to government; a cost to all of us, that this woman has to go south. Any government worth its salt strives to ensure that the people it governs have some basic health needs. Fourteen hundred people on a waiting list clearly shows that this government has failed when it comes to health.
I would like to read a couple of extracts from Mr Bongiorno’s letter to the Health Minister and the Chief Minister. He said that, having been advised that there was a minimum wait of three months, and I quote:
Since sending that e-mail dated 26 November, they cannot tolerate it any more and they need to travel south. That is an appalling situation. Interestingly, in reading past Parliamentary Records, the Labor Party has been consistent in the sense that, when in opposition, they opposed the private hospital in Alice Springs - they do so now in government. It is clear that much of the work that comprises elective surgery can be done by specialists. It is generally considered that it is high profit/high turnover, and that private hospitals are well suited to doing this type of work - in a general sense. It, therefore, follows, in my view, that this government should revisit what seems to me is a left-leaning philosophical objection to a private hospital in Alice Springs and should reactivate it.
If this minister, or this government, is serious about health - and all of their press releases assure the readers that they are - then what on earth are they doing about the 1400 people in our town of Alice Springs waiting for elective surgery? It is not good enough. This is at a time when the health budget exceeds - I think it is - $620m and government has been crowing and crowing about the additional expenditure in health which, no doubt, has come as a result of the additional $500m from GST revenue. This government has a lot of money. What is happening to it, where is it going, and why isn’t it helping the people in Alice Springs in my electorate and the likes of Mike and Melinda Bongiorno?
What words of comfort does the minister have to say to others; the bloke with the sore knee, the woman who needs a hip replacement and so on? Under this government they say, ‘Go south because we will not give you a private hospital. Despite having all the money in the world we will not do it for you’. That is an appalling situation, absolutely appalling.
While I am on the subject of the Alice Springs hospital, it is appropriate to not let the minister off the hook regarding the propaganda circus that preceded the announcement of the appointment of two anaesthetists to Alice Springs. There was great fanfare, the minister’s office ensured that local media were all assembled and were told how wonderful it was that two anaesthetists had been appointed. The anaesthetists by the way may, and I stress ‘may’, shorten the waiting list but there are no guarantees in that regard and, in any event, I understand that neither of them are going to start until February.
We, and my predecessor, the member for Port Darwin, have consistently called on government to appoint anaesthetists. The government has flown in local anaesthetists from interstate at a great cost of about $2000 a day from memory, and despite the huge resources of government and despite what the government says is its commitment to health, they have not done it. All of a sudden they got two anaesthetists and of course we welcome their appointment. What we have difficulty with, though, is the politicising of these anaesthetists and their appointments. What happened was that it probably got front page, but the people I spoke to, some of whom work at the hospital, said to me, ‘What is the big deal? That hospital has employed hundreds of anaesthetists over the years’. This is part of a health minister’s job. It is about appointing the right people, getting the right people, skilled people in a health system and in particular our hospitals.
So what might be considered in other jurisdictions as a pretty routine event, namely the appointment of staff that the people of Alice Springs well deserved, was pumped up and puffed up to make it look absolutely miraculous. It is not miraculous that the people of Alice Springs get two anaesthetists. What is miraculous is the way in which the government packaged it to make it appear miraculous. The people of Alice Springs are onto this. They do not tolerate it.
I note the member for Wanguri has wished me a Merry Christmas. Well there are two more days of sittings and I am happy to pick up his interjections. I, unlike some people, am not about to use my time in parliament, for which I am very well paid, to stand here for one out of three nights wishing all and sundry a Merry Christmas when I have the pressing need of constituents who quite rightly contact me and government and I, in line with my duty to them, raise this issue for the benefit of the government. If the member for Wanguri, the Leader of Government Business, Paul Henderson, wants to sit there and wish me a Merry Christmas, and obviously he thinks the health of my constituents is not a very serious matter, I strongly disagree with him, and his behaviour is nothing short of offensive.
I will be wishing Mr and Mrs Bongiorno a Merry Christmas but I am not sure that they are going to have one having had to endure the need to drive south for the very treatment that they expect and deserve from their local hospital. Three years, lots of money, lots of commitment, lots of press releases and these people still have to drive south. This is Alice Springs in 2004, and it is simply appalling.
On the question of health and in a short time I have left, it is appropriate - and I raised it today in reply to a ministerial report about breast screening - for me to repeat the concerns I have in relation to a briefing about health. As members know, I was appointed shadow Health minister five or six weeks ago. We arranged a briefing. I had a briefing via video with the CEO of Health, Mr Robert Griew, and a staffer on 26 October. There was one hour allocated to Health - one hour. At the end of that, I said I had a number of other questions; there were 21 questions. I went back to my office and faxed them to the minister’s office. There was an understanding that not only would my questions be answered, but they would be answered in a timely manner.
I asked for them to be answered in a timely manner, noting that the Minister for Health, who is also Attorney-General, has only recently replied to some of the 71 questions I asked him about the May budget in June. He has answered about 40 or so of them. I gather the remaining 30 might come possibly by Christmas.
However, I asked for a timely response in relation to questions and I do not have a response. These questions were not rocket science. The questions I had left over from the briefing is information that would be routinely provided to any Health minister; simple questions such as: ‘How many hospital beds are there at each hospital in the Northern Territory?’ If the Health minister does not know the answer to that, I am absolutely flabbergasted. I know the minister and his staff and his department know the answer to that, but what is happening is that the minister, and I can only assume his office, are actively and wilfully obstructing me in the performance of my duties.
I am happy to table a list of questions, but they are attached to a media release that went out recently, which was headed: ‘Government makes a farce of its call to ‘get a briefing. I did, but where are the answers?’ Members of the government come in here on a very regular basis and squawk, ‘Get a briefing, get a briefing, get a briefing’. I did try to get a briefing and I do not have the answers. One hour on Health is an appalling allocation of time.
What is worse, though, is that of the pretty basic 21 questions left, I still have not received an answer. I wrote to the Attorney-General on 26 November. The letter was faxed to his office. Among the things I said, after giving the background, was that I am extremely concerned about the time being taken to provide answers. I also said and I quote:
Mr Deputy Speaker, this is a serious issue. This is a government which collectively says that they are open and accountable. Well, the evidence cannot be refuted. They are not open and accountable. They are devious in the way they conduct themselves. When a member of parliament, a shadow Health minister, and indeed in my other capacity as shadow minister for Justice, I want simple answers to simple questions, many of which are asked either, in the case of Justice, on behalf of the members of the legal profession or, in the case of Health, people involved in the Health department who have suggested to me I should ask a question because the answer could be interesting or we don’t even know, so please ask it.
This is an appalling state of affairs as is the 1400 people in Alice Springs waiting for elective surgery. I am not confident that the minister or government will be able to do anything about it, but I heartily urge them to do so.
Mr BONSON (Millner): Mr Deputy Speaker, I rise to thank a few people as we come up to the Christmas period. I take this opportunity to wish everyone a Merry Christmas and a joyous New Year. It has been a great and prosperous past 2004, and I am looking forward to a great 2005.
As many members would know, it is very hard to fulfil your duties without the assistance of many people. Those many people make up a team, and that team is what you are as the local member. Of course, you bring those supporters with you and others come for the ride. But, without those supporters, you cannot be a success.
First of all, my thanks must go to my electorate officer, Steve Brennan, who has done a fantastic job in the two years or so that he has been involved with me as the member for Millner. He works tirelessly. He works weekends, he works long hours, and he enjoys the work that he does. He operates under a lot of pressure, like all of us do in this position, but when we get results, it is very satisfying. I thank Steve for his commitment over the last two years and, as we run into next year, no doubt the workload will get bigger and bigger.
I thank the many volunteers who come in at different times and help me out. Janet Roe donates many hours to my office. She is retired but enjoys contributing to the general goodwill of our community. She is a very one-eyed St Mary’s supporter and has just become a member of the St Mary’s Football Club committee. She often comes in, answers phones, does filing, helps out with the newsletters, and provides genuine advice about what is happening out in the community.
I thank Maureen Hack who is a member of the Coconut Grove Seniors Hall. She often comes in and assists with the many duties that it takes to be the local member, from assisting with names in the newsletter, to letterboxing, to helping out at functions, to identifying and organising people who might be interested in different events.
Auntie Joan Angeles, whom I have known all of my life, is a mad, one-eyed Darwin Football Club Buffaloes supporter. She has lived in the electorate for many years and has been of great assistance to me as a volunteer.
Local identities like Ron Riddle who, over many years has helped Labor candidates ...
Mr Henderson: Hear, hear!
Mr BONSON: ... in Millner. I notice the member for Wanguri, the honourable Paul Henderson, says ‘hear, hear’, because without people like Ron Riddle the Labor Party cannot be a success. He helps out with the letterboxing and any other functions that I am involved in.
I thank my cousin, Anne-Marie McLeod, for the work that she does; answering the phones, filing, and all the work that it takes to make a good running and working office. Ray Dunn, Jean Dempsey, Marian Patterson all provide great work over different periods of time and I wish them and their families a Merry Christmas. I know Marian is an avid football supporter and her son, young Matthew Patterson, is now playing A grade for St Mary’s Football Club. They live in the Millner area, and they do a fantastic job around the area in supporting me and just being a good part of the community.
Michael Cubillo has been one of those tireless workers who often go unthanked in the neighbourhood for things like letterboxing. He does not look for any attention or any reward, but just likes to lend a hand. Michael, to all your family, I wish you a Merry Christmas, and there are number of them who live in the Millner and have been there for many years.
Norm Hoffman and Tania - to you and your kids, thank you for the help and support you give me in the Millner electorate. They are long term residents of Millner and I thank them for the help they give me around the Bagot Community as well.
I thank Ken Jackson from KV Printers for all the good work he does for me with printing and designs and donating material. I thank you for all the effort you have put in over the last year.
Aunty Pat Bonson often comes in and assists in the office, answering phones, doing letterboxes, phone canvassing - all this different type of work that needs to be done as your local member. I would like to thank all of you for the work that you did. Thank you, Aunty Dotty, for coming in and donating your valuable time. My father-in-law, Ziggy Vogt, often drops in and does numerous hours of volunteer work, and I thank him for his effort. I thank my wife, Mona-Lisa, for putting up with me and the long hours that we often have to work. She is very supportive and, with all her local connections around the area, it makes my job much easier.
I would like to wish a number of people a happy Christmas and a Happy New Year. Frank Moukaddem does a fantastic job in Coconut Grove and keeps an eye on the community and gives me informed information and advice on how to become a good local member. I appreciate all the hard work of all the volunteer hours that he puts in. Bronwyn Butler is another person in my electorate who works tirelessly on my behalf and for the Australian Labor Party. We cannot underestimate the work she puts in and the hours she spends above the call of duty.
Big Joe Gallagher is a mad Celtic supporter which I will not hold against him - I must admit I have swung over to following them as well. He does a lot of good work in my area and supports me. John Oliver and his wife are fantastic supporters of mine. I could not do without people like the Olivers, who are genuine, hardworking people who donate hours and hours to my electorate office to make things work, and give up their own private time on weekends to attend barbecues and run sausage sizzles. These people are genuine, hardworking people who really put in a fantastic effort to support me, and I wish them a Merry Christmas and a Happy New Year.
Amanda Rigby has done a fantastic job while in the Millner electorate. I thank Nicole Lewis for the hours that she donates. Peter O’Hagan has been a fantastic supporter of mine and of anyone involved with the Millner electorate. He has fantastic local contacts, and I am sure that he would make a fabulous member for Millner if given the opportunity. Hopefully, he will not get that opportunity for a while! He is the type of person you would love to have assisting you in your area.
Cathy Spurr also lives in the Millner electorate, and does fantastic work ensuring that the Millner electorate is well looked after and represented by a good local member. She does a lot of work keeping me honest. Darryl Spurr donates many hours assisting me behind the scenes. Pat De Ramos-Bremond is a fantastic assistant and works valuable hours that I can only begin to thank her for.
Without characters like Michael Lemon and family, it is not worth representing the people of Millner. Michael does a fantastic job when in town and assists me in becoming a good local member.
Brett Walker also lives in my electorate. I know he has a busy job at the moment, but his support over a long period time is welcomed. As a new member, he was of great assistance and I hope he continues his good work in what he is doing right now in the Millner electorate.
On a sadder note, I would like to talk about a good friend of mine, Michael Edwards. Known to his friends as Wally, he was a great mate. I grew up with him from early high school years – well, even longer; as far as I can remember. His family and his brothers, Tim and Patrick Edwards, I count as good friends. His parents, Stem and Jackie Edwards, are great Territorians, great people. Unfortunately, Wally passed away recently in a car accident. It was a tragic loss for all those who knew this man.
It is surprising how God works in mysterious ways. A month before he passed away he appeared in the local NT News and on the television as a person who heard someone unfortunately getting mugged. He came out of the residence he was in, saw this young fellow running away with this bag, chased him down the road and caught him. This was the type of character Michael ‘Wally’ Edwards was. He was my age, about 33, but he deliberately told the media, both the NT News and the news crews that he was 28 years old. It was like an in-house joke. All of his friends knew his real age and that he was lying about his age but it was one of the last practical jokes he played on the general community. It summed up the man as well.
He was a person who would assist anyone of any walk or background. Michael ‘Wally’ Edwards, it was fair to say, was a very strong character in everything that he did. He had strong views, strong opinions. What I liked about Wally Edwards was he was a very fair man and he treated everyone with respect. I was asked by Stem and Jackie to do the eulogy. But I said to them, ‘Look, to be honest with you, Stem, I couldn’t do the eulogy because I am a bit of big softie.’ I was worried that I would not be able to talk at his funeral without going to tears. I nominated a good friend of ours, Stewie O’Connell and in partnership we came up with a eulogy which hopefully summed Michael ‘Wally’ Edwards.
In the eulogy we said that Wally was the type of person who could be out at a remote pub, sitting with the locals and drinking a beer and communicating at any level. At the same time he could be invited to Parliament House and mix and mingle with people who might come to a function in Parliament House, and anyone in between. That was the type of character he was. He was one of those guys who loved hanging around the locals from all different backgrounds, all different cultures, all different colours, all different walks of life. He enjoyed people’s company.
It is fair to say that he was a great sportsman in his own right, particularly in rugby league, but he also enjoyed Aussie Rules. He enjoyed the physical contest, and the toughness of the challenge of who he was playing against.
Michael ‘Wally’ Edwards was a very tough man, a very physical man. I suppose he came from the old school. The school that said that you stood up for yourself, you spoke your mind, you backed yourself, and your word was your bond. Sadly we lost him only a few weeks ago at 33 years old. The mark of the man was some of the notices placed in the paper; the different types of notices that were published and the number of notices put into the NT News. It was an amazing thing to see.
I attended his funeral and it was probably the largest funeral that I have seen in Darwin. The thing about it is that this man was just a ‘local’ in a literary sense. He was not a dignitary, he was not a multimillionaire. He was just a person, a character who makes up what the Northern Territory is all about. People came from all different walks of life to show their respect to not only him as an individual but to his family, and because they are just great people. And good people you do not find like the Edwards family. Travelling out to Thorak Cemetery I have never seen such a long line of cars attending a funeral in my life, unfortunately, for a sad occasion.
People spoke on his behalf at the funeral and also at the wake. Unfortunately, I could not attend the wake. It was one of the most outstanding wakes anyone could have. As a good friend of ours said, it was unfortunate that the person who would have enjoyed the wake the most could not be there – and that happened to be Michael ‘Wally’ Edwards. There was plenty of singing and dancing and story telling. Michael will be sorely missed by all his mates and friends. We wish all of his family, Stem and Jackie, Tim and Pat, Jodie and daughters, Shailee and Misha, all the very best. We will never forget our good mate, Michael ‘Wally’ Edwards.
Mrs MILLER (Katherine): Mr Deputy Speaker, I, like the member for Araluen, am a little confused because it feels like we are having all the Christmas spirit and it is Tuesday night and I do not feel quite in the Christmas spirit yet.
Tonight, I put on the record my concerns about the announcement that Airnorth will discontinue services through regional Northern Territory and the route which links Darwin, Katherine, Tennant Creek and Alice Springs.
This very important service was first introduced by TAA and Ansett in the mid-1960s with a seven-day parallel service. TAA pulled out of the service in 1980 and Northern Air Charter continued operating for the next 12 months. Ansett revived the services dropped by Northern Air Charter in 1982 and continued until 1990. Airnorth took up from there in 1990 and is still providing the return service 14 years later, albeit scaled down to three days: Monday, Wednesday and Friday.
While this scaled-down service is not as convenient as the previous six-day service, the public has adjusted to it, and it still provides a convenience for Katherine and Tennant Creek. This return air service to regional Northern Territory has never been profitable; we all know that. It has always been a subsidised service. It is one that Katherine and Tennant Creek have benefited from. In the early days, TAA and Ansett were subsidised by their east coast routes, so subsidies have always been integral to the survival of this route.
The RAAF also made a commitment to utilise the passenger service for their personnel, but that has not eventuated to the extent that was first indicated due, in some part, to the size and weight of luggage that RAAF personnel are issued when deployed, and which is not acceptable on the passenger service.
The residents of the Northern Territory who live outside of Darwin are often heard to refer to the Berrimah Line. I can assure you that saying has changed over recent years to now being the ‘Berrimah Wall’, and, unfortunately, the layers of bricks are still going up on that wall.
The government has a responsibility to regional Northern Territory to ensure that at least, the present three return air services are maintained with subsidy by the government. Katherine’s economy has been suffering for some time now, and it was with interest that I listened to the Minister for Business and Industry today report that the economy in the Northern Territory is alive and well. I invite him to come and speak to business in Katherine to find out for himself that all is not as alive and as well as he would like to believe. Katherine needs an injection from this government, not rejection.
The demise of the Airnorth airline facility will indirectly result in losses of 10 to 15 jobs in Katherine, and we can ill-afford that. To give you an example of what will happen, those jobs affected include the airport terminal manager, VIP hire cars, taxi services and refuellers, just to begin.
The cancellation of the airline service will also affect the Health Department with, for example, medical specialist services now having to travel by road to Katherine to treat patients at Katherine Hospital - a step backwards.
Technically, government will be indirectly paying subsidies provided to, for example, the Health department with additional vehicles for travelling, travelling time, air charters when needed, accommodation and the additional time away from their service area in Darwin. All departments that service Katherine from Darwin will be adversely affected.
While I am speaking primarily for Katherine, the cancellation of this air service will have a more significant backward step for Tennant Creek with even further distances to travel.
Mr McAdam interjecting.
Mrs MILLER: Of course, we could overcome all of the isolation challenges of Katherine and Tennant Creek with recognition by this government that regional Northern Territory does exist and is important. Will this Labor government recognise Katherine? Obviously, the member for Barkly has a different opinion. Will this government recognise that we deserve at least three days a week air service and do something about knocking down at least one layer of that darn Berrimah Line brick wall? We need to go further forwards, not take any more steps backwards.
Members interjecting.
Mr DUNHAM (Drysdale): Mr Deputy Speaker, I stand tonight to recognise the life of a man called Noel Lynagh. Noel Lynagh was a public servant of some distinction. He was my direct boss on a couple of occasions when I worked for the Department of Community Development. He was then the Chief Executive Officer of that department and I would say during that time, I came to know Noel pretty well. His passing since the last sittings has now given me the opportunity to read his eulogy, into the Hansard record and I would like to do that in its entirety tonight. It is the eulogy which was delivered at his funeral and I will deliver it unaltered.
I commend Noel’s record to this parliament.
The Department of Community Development has resurrected now under a similar name and a new guise. However, in those days, it embraced welfare, local government, community government, libraries, arts, sport and rec, and corrections, and it was an immense department. Noel sat at the peak of that as the Chief Executive Officer and I was privileged to be a regional officer in a couple of the regions. As a result, I reported directly to Noel Lynagh. I knew him to be a very fair man. He was very down-to-earth in his approach to life. He was well read and, typically for a self-taught man in much of what he had done, he knew his subject matter. He took great time and pains to make sure that he understood the subjects that were on the table.
He was important to us in those early years of self-government because at that time there were many Commonwealth transferees who were called compulsory transferees and we were trying to build our own fledgling local service. It was really good to have people around who had such a wide span of knowledge and experience that could guide us through those early years.
I pay personal tribute to Noel as somebody who worked with him and a tribute as a politician in this place to somebody who helped shaped the foundations of Northern Territory self-governance.
Mrs BRAHAM (Braitling): Mr Deputy Speaker, I rise tonight to acknowledge the wonderful contribution of one of the Alice Springs businessmen who seeks no recognition for what he has done. I only stumbled upon this story by accident but I certainly believe that what he has achieved deserves to be known. I am referring to Damian Ryan. Damian and his brother, Jerome, operate three Kodak Express Camera shops in Alice Springs. He was born in Alice Springs, attended Our Lady Sacred Heart Primary School and went on to Rostrevor College in Adelaide to do his secondary schooling as many young people in Alice Springs have done in the past. He is one of four boys. His mother is Carmel Ryan and his father was the late John Ryan. I know Carmel is very proud of all her boys and what they have achieved.
Mr Deputy Speaker, I do not know whether you have seen these in camera shops or photo shops. It is a month of memories and it costs $5 and you put it on your fridge; you can put a photo in there. It is the memory that sparked Damian. Damian has been in the photographic industry in Alice Springs since 1971 so he has benefited greatly through the work he has done. In 1995, he decided to support a charity in Australia through the photographic industry. His concept was to sell picture frames such as these through photographic stores and donate the money to Alzheimer’s Association of Australia for research purposes.
Although Damian was excited about his idea he received resistance from the industry at first because Alzheimer’s was considered a hidden disease and it certainly did not have the high profile of other conditions. Due to his persistence he finally received support from a small group of industry members and was delighted to see the first Alzheimer’s promotion get off the ground. The result was 500 stores around Australia buying a box of twenty of these frames to sell. All the proceeds go to the Alzheimer’s Association.
Damian launched this project around Australia on World Alzheimer’s Day, 21 September 2002. That first promotion raised $76 000 which went to the Alzheimer’s Association for research. The event last year, in 2003, was run in October, Dementia Month, and it raised $175 000. The results from this year are not in as yet but the selling base is growing and it is hoped to include other retail outlets other than just photography shops. The companies selling this year included Kodak Express, of which he has three in Alice Springs, and there are over 200 chain stores throughout Australia; Ted’s Photographics; Fletchers Photographics; and K-Mart which has 170 stores. So you can see the potential there to grow this concept is quite enormous.
Dementia, which is Alzheimer’s most common form that we know, is the fourth biggest killer of Australians over 65. It is now more common than skin cancer yet it receives significantly less investment in public health initiatives. It is called the health epidemic of the 21st century and that is because we are living longer. However, medical science has yet to discover why or how some people’s brains do not keep pace with their greater longevity. It affects generations of families and extended families, and the grandchild who has spent many wonderful moments with grandma or grandad may no longer be recognised by their grandparents as their memories fades. There are currently 170 000 Australians with dementia.
Recently, I attended the opening of the Hazel Hawke Resource Centre in Alice Springs and it was there that I came across these frames, and I asked the question: ‘What is this all about?’ I discovered that these frames, which raise $5 each time, were initiated by an Alice Springs business person, a wonderful initiative that Damian Ryan introduced. He is president this year of the Australian Photographic Manufacturers Association and he is going to travel to the United States in February next year where he will again promoting this idea of his photo frame memories; the memories that are fading with Alzheimer’s, the memories that we would all love to keep.
Damian, if he is successful, realises that the contribution to research to find out the cause of dementia will be greatly increased, and who knows what the research will achieve for senior Australians in the future? I commend Damian Ryan for his great initiative. I urge all members to support this program. Next time you go into a shop and see one of these frames, please buy it because you will be helping to contribute to research. Damian is another quiet achiever from Alice Springs whose contribution has not been recognised, but he is certainly deserving of our praise and respect.
On another matter, Mr Deputy Speaker, I wish to make comment about the petition I tabled this morning. It had over 1000 signatures gathered in a couple of weeks calling on the government to immediately sort out the mess as regards midwives that has been brought about because of the Health Practitioners Act, which makes it mandatory for all Northern Territory health practitioners to have professional indemnity insurance.
We all know with the debacle of insurance worldwide there is no way independent midwives can obtain this cover. The act effectively outlaws independent midwives, midwifery and home births because a midwife will risk being deregistered if they continue to practice at all. Naturally, midwives and Territory mothers were outraged. It was interesting that I had such a strong group come to my office to ask: ‘What can we do about it?’ That is why we said we would write to the minister but, most of all, we will show the minister that we are really concerned by organising a petition.
Not that many women choose to have their babies at home. Up to the time of the insurance predicament there were about 50 recorded home births a year in the Territory out of a total of 3500. The figure is quite small, but Territory mothers have always wanted to have that choice of home birth if it appears they are going to have a normal, uncomplicated pregnancy. Midwives are very careful to adhere to a stringent Code of Practice and any home birth that looks as though it may be complicated in any way is referred to an obstetrician. The Australian College of Independent Midwives has rigorous policies on transferring clients in circumstances where medical intervention is warranted.
The minister said in his answer during Question Time that he cannot give us any firm date. It is just a little bit unfortunate that when the midwife in Alice Springs rang the Department of Health public servant to ask what was happening, she was told that it would be up to six months before anything was decided. As you can understand, that is far too long. I do not know what mothers who wish to have home births are expected to do. Having a baby is not something you can put off until all this is sorted out. We really need to say to the minister: ‘There have been protocols and guidelines already developed by the Australian College of Midwives. Why don’t you just dust them off, look at them and let’s get on with it?’
Our midwife in Alice Springs who has been affected is Theodora Allan. She has a tremendous reputation in town. She is very professional and has had 10 years experience in many remote and urban locations. Because of the new law, the Nursing and Midwifery Board gave Theo a restricted registration. Then, because she did not receive the notification in time, the board asked her to show cause why she should not be deregistered for assisting in a home birth that took place before she was officially notified of the restricted licence when she still had her normal practising certificate. She has a real dilemma. I believe that the minister is genuine when he said he did not really intend these circumstances to come about. However, we need to address the problem, and whilst we wait for an official start date of the new arrangements, what actually happens to health professionals such as Theo Allan? We all know how difficult it is to recruit and retain good health workers. I suggest the minister makes a special case of providing some sort of interim cover for people like Theo so she can continue her practice and provide this service to the Territory.
We did a lot of research to find out what was happening around the rest of Australia and, I am glad to see that the minister looked at the programs in Western Australia and South Australia. These states offer homebirths in certain districts whilst ensuring adequate insurance cover through the public system. They do not cover all the states, but they do cover quite a few. The Western Australian one is a very successful program, with good outcomes highlighted by reports from department officials analysing the service through home visits, who reported healthy and happy mothers and babies. The program works for a number of reasons. Midwives have good working relationships with obstetricians and doctors. The midwives have long histories and experience in hospital settings and the department of health supports the program and encourages liaison between the midwives and hospitals.
This is just one example of how other governments have addressed this issue and responded to the community needs. There have been scores of reports; even the Senate had an inquiry in 1999 which found there was a growing dissatisfaction with what we call the clinical medical model of childbirth. Not every woman wants to go to that clinical setting of a hospital to have their child; they would much prefer to have it at home. Giving birth is certainly life changing, but a natural event, and it need not be seen as a medical process, so why be hospitalised? Home birthing is not aiming to discredit the good work of our hospitals or our doctors. It is about empowering women to make the right choices and the right to choose where their baby will be born.
I commend the minister in what he has said so far. If it is done correctly, there would certainly be many grateful Territory mothers and families and health professionals. I only hope that the program commences sooner and without unnecessary delay. The minister said this morning he is looking at the end of the year or early January, but I just urge him not to let down those mothers. They cannot wait and hold off their babies while all this is sorted out. Let us not disappoint them. Let us get something in place so that women can have the choice.
Dr BURNS (Johnston): Mr Deputy Speaker, on Friday, 15 October, I attended the inaugural Jingili School community barbecue. Members of the Jingili School committee voted to amend the constitution to include Jingili Kindergarten, Jingili Preschool and the Jingili Primary School in the new Jingili School Community Council. The unanimous vote was a milestone in the history of this fantastic school. I commend Ian Johnson, chair of the previous Jingili Primary School Committee, and all the committees of the respective institutions that now comprise the Jingili School Community Council.
However, that occasion was also marked with the initial farewells to Mim Regan of the preschool, and Julie Cadd of the kindergarten, who will be leaving next month.
Mim Regan started with Jingili in 1975, and has served that particular school community on and off in several capacities until she retires at the end of this semester – almost 21 years of service. Mim has been an integral part of the teaching team at Jingili and, at a rough estimate, has taught about 1000 preschool students. I am sure each one of those students knows and remembers Mim Regan with a lot of affection. She is a very vital, energetic and loving person, and everyone she touches in life holds her in great affection.
This high regard in which Mim is held is evidenced by the number of families who bring their children great distances to attend Jingili Preschool and the high numbers that are present at the preschool. Currently, 83 students are enrolled in this older, more established suburb, and this is unique. Mim had the vision to seize the opportunity to have a school-sponsored child care facility, and this wonderful facility is a testament to that vision and her hard work. Bringing the child care facility and preschool into the Jingili school community is the culmination of Mim’s vision.
When Mim wrote to the school council tendering her resignation, she wrote a letter reflecting on her time at Jingili. When I heard it, I approached Mim and asked her whether it might be all right for me to have this letter incorporated into the Parliamentary Record because it is a record, a history, of the Jingili school community - all the characters, the headmasters, the people who have worked tirelessly over many years within the school councils, and Mim’s general reflection on students in that time, which is a very positive reflection.
Mr Deputy Speaker, I would appreciate that letter, which I have here, being incorporated into the Hansard record.
Leave granted.
Dr BURNS: Thank you. Mim will be a great loss to the preschool, where, as I said before, she has been held in such high regard. She was awarded a National Excellence in Teaching Award after being nominated by the preschool parents. She has also been awarded a Centenary Medal for ‘Significant contribution to Education and the Darwin community’. Both awards were very well deserved.
Sadly, at the same time as Mim’s departure, Julie Cadd from the kindergarten will also be leaving. Julie has been with the kindergarten since its inception, following the closure of the Marrara Family Centre and the opening of the child-care facility at Jingili, bringing together a new facility for Marrara and an experienced child care director at Jingili. Julie’s expert management and hardworking team have made this facility one of the best in the Northern Territory, if not Australia, and this is a credit to Julie. It was great to read out, on behalf of the staff of that facility, the affection and esteem in which they hold Julie. Of course, we all wish her the very best.
Both Mim and Julie share a similar philosophy based on learning through play and their absolute love of children. Julie has considerable experience in child care and is highly regarded in the child care sector. She is always willing to support others and share her experience and knowledge and, along with Mim, this is evidenced by the number of ‘show and tell’ sessions that are regularly held in the facility. It is great to see, when you enter both facilities, the artwork the children have done. The way they engage in play is truly fantastic teaching, and I am sure that the methods of teaching there and the experiences that those children have, are a fantastic foundation for their future education. I am sure, as those children grow older they will look with great affection at the time that they have spent in the Jingili preschool and child-care facilities.
Tonight I would like to speak about Junior Rangers. On 16 October, I was pleased to present the Darwin Region Junior Rangers certificates to some great kids. This occurred at a barbecue at the Botanic Gardens. I was very pleased to attend that barbecue and make the presentation. These Junior Rangers have undertaken a range of activities over the last year, including wildlife studies, nocturnal walks, investigating our coast and wetlands, and learning how to use new technologies such as GPS and GIS systems. It is quite a long list of Junior Rangers receiving the certificates and, similarly, I ask leave to have their names incorporated in the Parliamentary Record.
Leave granted.
Dr BURNS: Thank you, Mr Deputy Speaker. The government is pleased to support this program, and not just because it enables hundreds of kids to have fun. The program has a more important benefit. It teaches our young folk about the importance of the environment, about sustainability, about caring for country. As Junior Rangers, young people are able to experience and learn about our amazing Northern Territory landscapes, and the plants and animals that make their homes here. How lucky we are to have on our doorsteps an environment that people will travel all over the world to see.
The program also benefits our community. It creates role models and peers for kids across the Territory, and encourages them to spend their time in worthwhile, active and educational ways. Most importantly, the Junior Ranger program benefits the environment. Through the program, young people have become – or will become - the guardians and custodians of the bush and everything that lives in it. Most of the Territory is still considered wilderness. We are so lucky to have such a diverse range of ecosystems from our oceans and our waterways to our monsoon forests and ranges. In such a diverse land, every Territorian has a role to play in caring for our country, to show that we all value the land on which we live. The Junior Rangers play the most important role of all: learning about looking after our bush while helping others to learn about it too.
It was great to speak to the parents of these children and hear how enthusiastic and supportive the parents are about this particular project, reinforcing how much these children have learned about the environment, how the children have grown up through taking this course, and with some independence and gaining self confidence. The parents are all for it.
The Junior Ranger program and end of year event was made possible by Dean McAdam, Senior Education Ranger and David Rochford, Education Ranger of Darwin; Kylie Green, Education Ranger, Alice Springs; Bill Binns, Director of Park Management; Brooke Rankmore, tracking activity and BAU, DIPE; Esther McAdam, who did a great work with the barbecue; Paul Munns and the staff of the George Brown Darwin Botanic Gardens; Mignon McHendrie from Wildcare, caring for animals activity; Anastacia Hunt from Wastemaster, recycling activity; Territory Wildlife Park and Darwin District Parks staff; Lisa Lemke; Bob Moore; Paul Cawood; Louise Kean; Pam Wickham; Andrea Hope; Raelee Kerrigan; Mark Ziembicki; Ray Chatto; Brian Kittler, Bureau of Meteorology; Stuart Traynor; Education Unit, Museum and Art Gallery, and Crocodylus Park. Staff behind the scenes who helped with administration, included Vanda Lockley, and there were numerous parents helping with cooking the barbecue, buttering the bread, cleaning up and helping serving food.
Later on, on 16 October, I attended the dinner auction which was a culmination of a very successful Down Syndrome National Awareness Week in the Northern Territory. The dinner auction was attended by 76 people, mostly members of the association and their friends. It was great to attend the dinner and socialise and share a little of the experiences with some really fantastic people. There were a total of 42 items up for auction and, Mr Deputy Speaker, I remember that one of them was yours – I think you had on auction a trip in your ute around your electorate and that was hotly bid for. There were quite a number of members of this Assembly who donated and it was very much appreciated. There were many other items donated by local businesses and individuals. This year, as I said, a new section was introduced to the auction entitled ‘celebrity auction’ where the items were all donated by local public figures. I am assured that this section – well, I know that this section was highly successful, boosting the fundraising considerably and adding to the enjoyment of the evening.
My contribution to the celebrity auction was that I would cook for a dinner party of six and so, with my wife and I, that made eight. I was told by the people who attended that I did cook very well. I hope they were not just being generous in their praise! I did try hard and they seemed to enjoy themselves. I have to thank Theona and Nick Mitaros – Nick was the one who bid for that particular item, Adele Young and Brett Walker, and Neil Phillips and his wife. It was a fantastic night and we enjoyed it greatly.
A member: What did you cook?
Dr BURNS: I cooked Asian style with a whole lot of crabs, some curries and some accompaniments, and I was highly complimented.
Members interjecting.
Dr BURNS: May be next year you can bid for it! Vital funding was raised in a number of ways, including a series of raffle gift baskets during the dinner auction and also through donations from Dripstone High School. Esther Tan, a teacher at Dripstone High School and the parent of a young man with Down Syndrome coordinated the fundraising. Through her skill, staff and students raised in excess of $1500 through donations and raffle ticket purchases. Dripstone High School is recognised as a long-term supporter of the association.
The dinner auction was the culmination of over six months of preparation, with donations being sought from over 500 Northern Territory and national businesses. Approximately 80 sponsors contributed to the success of fundraising efforts, 25 of whom were individuals, with the rest being business donations.
The coordinator of the annual event is Janet Podsiadly, the only employee of the association and she carries out all the organisation required for the night. She is to be highly commended. She says it is a very pleasurable task and praises a wide variety of extremely generous and thoughtful individuals in our local community willing to give their time and services to assist the association.
Janet specifically mentioned some people: Andy Hinks, the auctioneer who donated his time and considerable energy to raise as much money as he could for each auction item. He did a fantastic job; Paul Dale, who is probably known to most of us, was a most entertaining and informative MC for the night; Col Wicking, artist-in-residence, who did on-the-spot caricatures for guests for a $20 donation to the association, and he did at least 20 cartoons on the night; and I have already mentioned Esther Tan and her role.
It is great to know that this annual dinner auction was so successful and that the association intends to hold a similar a dinner auction during Down Syndrome Awareness Week in October 2005. I urge all members here tonight to put up their hand next year as a sponsor for this worthy cause.
Ms MARTIN (Fannie Bay): Mr Deputy Speaker, on 22 and 23 November, last week, Cabinet visited the community of Nauiyu, also known as Daly River, for our ninth Community Cabinet meeting this year. In three and a bit years, there have been 31 Community Cabinets. We were met at the airport by Mark Casey who is the ACPO for the area, as well as President of the Nauiyu Council. Our visit was a wonderful opportunity to meet some of those who live and work in and on the great Daly River and to get a first-hand view of the area.
In my role as Tourism Minister, I met with Carol and Dick Perry of Perry’s on the Daly with Rhonda and Gary Higgins of the Mango Farm, and with Harold Sinclair of Sinclair’s Fishermen’s Retreat. We all enviously found out later that the minister for Infrastructure had spent the previous day with Harold on the river catching large barra. Next time, we will all have to plan our days better. People like the Perry’s, the Higgins’, and the Sinclair’s are certainly people who have made a long-term commitment to the Territory, have been around for a long time and provide great tourist adventures on the Daly.
Minister Scrymgour and I attended the Women’s Forum, with about 30 women from the area. The forum was facilitated by the Office of Women’s Policy and allowed us to appreciate the issues and challenges, as well as the pluses, of living in this area. Among those attending were Val Cowan, Val Sinclair, Amanda Grossett, Junnie Gallway, Carol Perry, Lana Miller, Grace Daly, Beatrice Parry, Anne Carmel Malvien, Marita Sambond, Liz Cameron, Sharon Daly, Lucia Carlingung, Dominica Mollins, Sandra Grenza, and Helen McCarthey. Also there was Miriam-Rose Baumann, and it was a good chance to catch up with Miriam who is the principal of the St Francis Xavier School, and with Biddy Lindsay who is a traditional owner from the Malak Malaks, as well as the redoubtable Norma McLeod from Wooliana.
The forum was held at the Merrepen Arts and Women’s Centre, and a thank you to the Merrepen Arts coordinator, Kate Podger, and her team for their support for the event. It was good to see the Merrepen Gallery again. Kate and young artist, Aaron McTaggart, gave us a tour of the gallery and of the workshops where artists are developing skills in working in glass and in screen printing fabrics.
The work of 10 senior artists from Merrepen Arts and 10 school children is currently on exhibition at the Macquarie Bank ‘Big Tent’ in Sydney. The exhibition has been organised in cooperation with Gunya Tourism to showcase indigenous arts from the Merrepen and Titjakala regions.
Later in the day, after an active day visit related to our various portfolios, ministers converged on the council officers for a meeting between Cabinet and Nauiyu Community Government Council with President, Mark Casey; Vice President, Sharon Daly; and councillors, Andrew McTaggart, Jimmy Numbatu, Greg Warloo and Lana Miller.
A busy but very interesting day ended with a community barbecue, again at the Merrepen Women’s Centre, and catered by Wiki and Neville Bell from the Daly Riverbank Store. About 150 people came along, and it was a chance to meet a wide range of Nauiyu and Wooliana residents and to hear what important matters are for them. We were also joined at the barbecue by a small team from Tracks Dance in Darwin, who were giving workshops at St Francis Xavier and Wooliana Schools. Talking to some of the students, they had a terrific time with the Tracks Dance team.
Mr Deputy Speaker, I finish by saying thank you to the people who helped to make this Cabinet visit so successful, especially Marie and the volunteers at the Leadership Centre. Suzanne and Peter, managers of the Daly River Inn, and their staff who catered for our morning tea and lunches. The Acting Council Clerk, Aileen Dirr and her staff for all their administrative assistance and, of course, Kerry Draper for allowing us to use her vehicle for getting around. Finally, a thank you to the Nauiyu community and the people of the Daly for being so welcoming and generous with their time and resources.
Last month, on 21 October, I had great pleasure in attending the Literary Awards ceremony in Parliament House. The Literary Awards have been going for 20 years this year, and so it was an historic anniversary night. It was also the occasion of the inaugural Chief Minister’s Northern Territory History Book Award. Excellence in Territory history is something that I wish to promote, and this idea came from the historians of our community who wish to recognise and celebrate the work of their colleagues and peers. This first year was certainly an opportunity for celebration. The winner of that Northern Territory History Book Award, for which he received a prize of $1000, was David Bridgman for his book, Acclimatisation Architecture at the Top End of Australia. If anyone is interested in architecture in the Top End, the book is terrific. It has some great pictures, and the words to go with them are very appropriate. It is not too dense in words, but the photos that David has collected really give you an insight into some of the architecture of the Top End. My congratulations to David for winning the first Chief Minister’s History Book Award.
The judges must have had a difficult choice, because the three finalists in this category, the History Book Award, are also noteworthy. They were The Menzies School of Health Research: Establishment, 1978 to 1997 by Dr Brian Reid; Their Way: Towards an Indigenous Warlpiri Christianity by Ivan Jordan; and Tom and Jack, a frontier story by Geraldine Byrne.
After the announcement of the History prize, the ceremony then moved on to the five categories of the Dymocks Northern Territory Literary Awards.
The Kath Manzie Youth Literary Award is sponsored by the Kath Manzie Estate, and this year’s winner was Maya Eamus, who received $600 for her story Lost. The finalists for this award included Justice for Carol by Timothy Bloedorn and Detachment by Sarah Blackwood.
The Arafura Short Story Award, sponsored by Dymocks, was awarded to Andrew McMillan, who received $1000 for his story Who Can Blame Us for That. The finalists in the category included: Freefall by Ruth Davis; A Kingdom for an Eye by Angela Schoen; The Channel Between You and God by Kim Caraher; Protection by Jill Joliffe; and the Pintubi Chip by Jenny Walker and Blair McFarland.
The Aboriginal and Torres Strait Islander Writers’ Award, also sponsored by Dymocks, was awarded to Michael Torres. He received $1000 for his story King of the Mangroves. The finalists in this section included: Alone on the Soaks of Loves Creek by Alec Kruger; My Childhood Story by David Cahill; Untitled by Joe Burton Story; and The Land of Many Races by Murphy Dhayirra Yunupingu. Can I just say on that winning story, King of the Mangroves by Michael Torres, a short excerpt was read, and I encourage everyone to read it. It sounded like the funniest and most apt short story you could imagine and, really, you don’t necessarily think of short stories as being very humorous, but this one certainly was and a deserved winner.
The Red Earth Poetry Award was won by Carmel Williams, who received $1000 for her poem Time to Die. Finalists included: Ganga’s Burning by Sandra Thibodeaux; Night Lights by Judith Steele; Grasping Nothingness by Janice Barr; Dugout Canoe: Bian River, Irian Jaya by Kaye Aldenhoven; The Wasp and the Spider by Tom Dinning; I Remember Me by Sharon Thompson; The City’s Tenant by Clare Mackay; and This Town is too Small by Joe Dutton. Tom Dinning has an interesting story about his story, The Wasp and the Spider. He said: ‘I do two things in life. I do my woodwork …’, and he has beautiful boxes. Both Paul and I know the standard of his beautiful boxes which he is now exporting. He said: ‘While I make my boxes, I write poems’. It is an interesting mixture in his shed.
The Charles Darwin University Essay Award is sponsored by the university. The 2004 winner in this category was David Wise who received $1000 for his essay Where the Shark and the Crocodile Play. Finalists in this award included: The Aboriginal Experience of Formal Education: Participation and Resistance by Jennifer Haydon; and Weeping in the Streets by Jane Clancy.
There are great many people involved in these literary awards, working to make it the success it is. I would especially like to thank the Northern Territory Library and Information Service staff and the Northern Territory Literary Award Committee Members: Ann Ritchie, Chair and Assistant Director Northern Territory Library; Robin Hempel, Secretary and Manager, Reference Services; Mary Anne Butler, Executive Officer, NT Writers’ Centre; Jenny Salt, Minutes and Public Programs Manager; Andrea McKey, Manager, Peter Spillett Library; and Linda Marchesani, Manager, Heritage Services, Northern Territory Library. They are, basically, the team that put together the awards. The judges for the literary awards this year included: Barry Jonsberg, Carmel Gaffney, David Carment, Linden Salter and MaryAnn Bin-Sallik.
The Dymocks Northern Territory Literary Awards publication is thanks to Sue Dibbs, and certificates by ZipPrint.
In addition, support was also provided from the Office of Youth Affairs, Department of the Chief Minister, public libraries, the NT arts community, the CDU staff, Batchelor College staff, Darwin City Council – GRIND, ArtsMark, and the staff from the Department of Employment, Education and Training. Virgin Blue supplied two air fares for youth finalists. Birch Carroll and Coyle supplied 27 movie passes for finalists, and thank you to Ducks Nuts for 25 coupons for free coffee.
In addition, there were a number of people involved in the Chief’s Minister’s Northern Territory History Book Award including heritage service staff Linda Marchesani, Kira Paznikov Barry, and Danielle Chisholm. I would like to thank the Northern Territory Collection Consultative Committee including Vern O’Brien, Brian Reid, Linda Marchesani, Paul Clark, David Carment, Greg Cope, Linda Bell, Ruth Quinn and Ann Ritchie. Mary Anne Butler and Kaye Aldenhoven did a marvellous job reading excerpts from the winning entries. They gave us a wonderful taste of the style and content covered in this rich smorgasbord of talents.
The MCs for the evening were Pete Davies, of Pete and Lisa fame on Mix FM, even though he was battling flu at the time. Pete must have caught the flu in Brisbane when he and Lisa went south to collect their award for Best Live on Air in the regional category in the 2004 Australian Commercial Radio Awards. Lisa was away on holidays taking a well-earned rest, but Ally Crew did a terrific job partnering Pete, and together they kept the pace going throughout the evening.
Finally, I would especially like to acknowledge those who had the very difficult task of judging the Chief Minister’s Northern Territory History Book Award: Professor David Carment, Linda Bell and Linda Marchesani. The night was a celebration of triumph. There were 16 authors for the inaugural Chief Minister’s History Book Award. In total, the award received 197 entrants for Dymocks Northern Territory Literary Awards which was, as I said, celebrating its 20th anniversary. I certainly hope that Territorians are encouraged to enter the literary awards next year. Mr Deputy Speaker, I noticed you went to many things but not the literary awards. Maybe we can look forward to you trying your hand at this skill.
Mr DEPUTY SPEAKER: There is only so much time in a day. I have written poetry.
Ms MARTIN: Oh well, having written poetry, I will expect an entry next. I certainly encourage people who do write to think about entry.
Mr DEPUTY SPEAKER: I support the Palmerston writers.
Ms MARTIN: Excellent. The standard is high, which is great. We certainly demonstrate through the literary awards what a very talented Territory community we are.
Mr DEPUTY SPEAKER: I should say my poem is called I am an MLA.
Ms MARTIN: Oh, be inspired!
Ms LAWRIE (Karama): Mr Deputy Speaker, this evening I give my Christmas adjournment. I recognise the hard work done by many people living in the Karama/Malak suburbs. The heart of our suburban lives is our schools, and I would like to make particular note and congratulate the hardworking members of the school councils and the school staff. There is very strong leadership shown in the schools in my electorate from the wonderful school principals we have. My comments regarding the schools show no particular favouritism. I have several schools in the electorate.
First of all, I want to recognise Karama school. We have had a terrific year this year at Karama school under the guidance of the new principal, Marg Fembrey. Marg had been at Ludmilla and shown tremendous talent in pulling a school community together at Ludmilla, and I have to say that she has excelled in her time at Karama. She is showing very strong leadership and she certainly has the school community working very hard together for the best educational results for the students.
We have a new school council chair this year, Katerina Kouros. Katerina is well known to many parents. She is a tremendous member of our Greek community and a very hard working chairperson for the school. Hardly a day goes by when she is not up at the school performing her duties as chair, and I have to say that school council meetings have been very enjoyable since Katerina has become chair. She is a woman of great magnanimity and she has a wonderful warmth and a wonderful humour and is ideal as school council chair at Karama. She is ably assisted by many wonderful parents there.
I want to recognise the work done by Sharon Stubbs. She is working at the school as an ISA, but as a very active parent at the school as well, Sharon always contributes well at school council. Other council members are Joanne McDonald, Sheree AhSam, and Vickianne Purcell. Vickianne is both a parent and also runs the outside school hours care and the vocation care program at the school, and she is known for her excellence in outside school hours care. She has written a lot of the accreditation for outside school hours care and has done a lot of policy development in this area. I know that she certainly works with other directors of outside school hours care and supports them. Our school community is very happy to have Vickianne running our wonderful program.
Kerry Wetherall and Ankarriyuwu Hill are great parents at the school, very strong leaders also in our ASSPA community. Ankarriyuwu Hill is joined on the ASSPA committee by his wife, Tania Hill, who is very popular in Early Childhood in the preschool section of the school. We have Relma Luta, Joy Shepherd and Glenn Warrior, all very active members of ASSPA and working very hard at the school. I also thank the teachers at the school who do a terrific job working in with the school council. Brigid Schjolden is a wonderful teacher at the school; and the front office expertise of Debbie Harrison is phenomenal. She keeps the accounts going well at the school and single-handedly, I think she has done the fundraising at the school this year. My congratulations to these very hardworking members of Karama Primary School.
Pretty well most of the students who attend Karama Primary go on to attend Sanderson High School. I have the honour of working alongside the member for Sanderson in assisting the Sanderson High School community. Greg Gibbs does a great job there as chair, and he is joined this year by co-chair, Sharon Clark. Denise Thomas does a wonderful job as treasurer and Gayle De La Cruz, a constituent of mine, is very active both in ASSPA and the school council. Gayle can always be relied on to put her shoulder to the wheel and work hard for Sanderson High School. She is joined by her wonderful husband, Gerry De La Cruz, and the pair of them work tirelessly, both for the school council and for ASSPA issues. The main ASSPA representative - and we have been very well represented at Sanderson High School this year - and the chair of ASSPA has been Gail Ah Kit, wife of minister Ah Kit. Gail is a highly accomplished advocate and ASSPA representative.
The principal, Denise Wilkowski, works very hard with the school community. She is ably assisted by great teacher representatives such as Sally Black and Cath Green; and Tom McCall is the epitome really of some of the talent we have amongst our senior high school teachers, someone who certainly puts every effort into encouraging the students and the talent that we have. Doreen Walsh has been very hard working both on ASSPA and the school council for many years. I also congratulate Bronwyn Clee who runs wonderful programs for the school and works very hard to assist and nurture the talent we have amongst our teenagers.
Manunda Terrace Primary School probably had its most award-winning year this year. They won a national literary award, a state recycling award, and it seemed as though the cheques just kept flowing at one stage there. I am very proud of the work done over the last few years and the results that we have seen this year at Manunda Terrace Primary School. It is a fantastic school, the smaller of the schools in my electorate, but a very multicultural school and one that has a very active school council, ably supported by a wonderful staff. The staff put in above and beyond their normal call of duty at that school and they are a shining example of just how a strong and dedicated staff can lead a school into excellence.
I congratulate Terry Quong, the Principal. Dr Terry Quong has been there for the year and he has taken on the role with gusto. He has been a very hard working and engaging principal. I congratulate Terry for the work he has done. He has worked in with his school council. The Chair, Barry Brown, is the epitome of just what you want in a chairperson. He works tirelessly for the school and is on call at any time to assist the school in any way. He really is a terrific leader in our community.
I take my hat off to Mick Keeley, Marg Harmsen, Kathie Snowball, Marily Galt, Peter Evans, Pornthip Moulding and her husband, Keith Moulding, and Finlay Campbell; the teachers, Jan Marie Cooper and Paulina Motlop, are terrific and Raylee Broome is very hard working running that front office. ASSPA at Manunda Terrace are Sharon Haynes, Tania Mick, Paulina Motlop and Angela Bush. They are all excellent examples of just how talented our indigenous members of the community are and how hard working they are.
I congratulate the school council at Holy Family School. They are a lovely, generous school community at Holy Family School. My children attend there. I have the honour as a parent of the school to see on a week by week basis just how hard working the school staff and the school council board are, and the Parents and Friends Association. I have been an active member of the Parents and Friends Association in the past. Due to my busy schedule, basically at the moment I am relied upon to turn up and put my shoulder to the wheel at fundraising events, as with the other schools. I have to say that Marg Hughes, the Principal at the school has had a difficult year in caring for her mother; ably assisted and stepping up into the role of Acting Principal has been the Deputy Principal, Jacqui Thompson. Despite the difficulties faced by Marg in caring for her ailing mother, the school community has been very ably led between Marg Hughes and Jacqui Thompson. I congratulate both of those women for the great job they have done.
Father Luis Rey can always be relied upon. He is an inspiration and a very lovely, spiritual man and a spiritual leader of our community. Certainly, Neil Bain, Gerry Oorloff, Tony Sullivan, Helen McCormack, Michael Guest, Dale Demarco, David Hardy and Sheryl Murray are all wonderful parents at the school who put in and can be called upon not just in their board roles, but in many other ways. They get in and do work for the school.
The Parents and Friends Association members are Sofia Dilshad and Sandra Hartley who have been there for the many years that I have been there - our kids were in transition together; Karen Wright, Louise Lodge, Kerry Schobben and Julie Andrews are all very hard working members of the Parents and Friends and can be relied on at all fundraisers to be there working in the canteen or collecting money at the disco. I congratulate Holy Family School. It is a lovely school.
I would also like to congratulate the senior school in our Catholic gathering, O’Loughlin College. The Principal, Richard Stewart, is a wonderful man and he does a lovely job with O’Loughlin College. They have a very good result for the Years 8, 9 and 10 and, like most smaller schools, they battle to keep the kids from heading off to Casuarina Senior College. I wish them all the best in their endeavours in future years to grow their numbers in Years 11 and 12. I congratulate Richard for his leadership at the school. It is a lovely school community. We have the hard working Chris Kirwan, Glenda Clifford, Norm Richardson and Margaret Flynn, Father Peter Robinson, Tim McClelland, Jenny Black, Mary Ann Skelton, Phillip Nickols and Ian Grazioli are all board members and working very hard.
I have had the pleasure of working with Tina Sacca and the Parents and Friends, and Sandy Kirsopp and Damien Collis are very able helpers there for Tina.
Malak Primary school also had a wonderful year. We have seen the school go from strength to strength this year with the new school principal. Russell Legg, the Principal, came into the school at the start of this year and really strengthened the school. He has done great strategic planning for the school and is very ably assisted by a new school council Chair, who has taken on the job. Lyn Chong, in her first year as school council chair, has just shown that she is a very capable and able strong leader in our community, and attending quite a few school council meetings, she has a lovely wit and an ability to encourage people to speak up. Other members are Chris Kelly, Clair Dodt, and Donna Smith. Donna, I have to say, stands out in her fundraising capabilities. Almost single-handedly she has organised so much fundraising for Malak School and got them a really good result on the dollar for dollar, so good on you Donna.
Gillian Furniss is a woman of great humour and a good secretary. We have Karen Jipp; Loene Wilson; Mark Munnich, the ASSPA chair; Natalie Eerden; Nicky Honan and Paul Quinn - all wonderful teaching staff who have put into the council and put into that strategic planning. We have Shannon Pope; Tamra Tartaglia and Tania Hill, as well as our ASSPA community members, Sue Hancock, Carmel Croydon, Sharna Raye, Vicky Carter, Priscilla Egan, Wendy Franey and Irene Bridges.
Malak School is a school that everyone in Malak can rightly be proud of. It is a beautiful looking school, and it has good educational outcomes. It was showcased by both the Minister for Health and minister for Education last week when they launched the dental services for schools, and it quite deservedly was showcased. It is a great school in our community.
I also acknowledge the work being done at the community level by both Malak and Karama Neighbourhood Watch. Karama Neighbourhood Watch has been led by Ted Dunstan all year as the area coordinator. Ted takes to his role with great gusto. He pops into the office several times a week and discusses Neighbourhood Watch issues with either myself or my electorate officer. Karama Neighbourhood Watch continues to go from strength and strength and is a very active Neighbourhood Watch in the Karama area. I believe the role by Neighbourhood Watch is bearing fruit. We certainly have very low crime rates out in Karama. It is something like four break and enters a month which, compared to some years ago, is incredibly low. The encouragement for Neighbourhood Watch from local residents has been fantastic. So, Ted, I congratulate you for your work, and the regular residents who turn up to Neighbourhood Watch and really put their shoulder to the wheel – they know who they are, I thank them on a regular basis.
Malak Neighbourhood Watch launched this year. Lee Kariko stepped up for the role of area coordinator. He is doing a terrific job ably assisted by his wife, Barbara. They have just had a little baby; that does not seem to have daunted them. Logan is only a few weeks old, yet they are there working hard, and we are organising a great fun day for the Malak residents coming up in December.
There are hard workers who are there every year. Eric Harris continues to be out there in the community as our senior, continuing to help seniors in need, and I take my hat to Eric. He has had a tough year health-wise, but he certainly has not slowed down in his endeavours to help people. I thank the owners of Karama Shopping Centre, the La Pira family. They continue to enhance the shopping centre and work with the traders in the shopping centre to deliver a lovely community asset to our residents. I thank the new manger of Coles, Andrew Parkyn. He has come in with a great deal of vibrancy and has listened to the community and invoked quite a few improvements and enhancements at Coles, and certainly supported fundraising efforts by Neighbourhood Watch. I really do thank Andrew Park for his good endeavours in the Karama community.
Malak, as we know, is undergoing great changes over at Malak shops. Henry and Susannah Yapp are doing a wonderful job as owners of that shopping centre. Beautification there is going to make the world of difference. I thank the Multicultural Council of the Northern Territory for having the faith to move out to Malak and to join the other non-government organisations out there. It really is enhancing our community in Malak; it is looking wonderful.
The police have continued to do a magnificent job in the Karama/Malak area. They work with our community. They are a tremendous force and certainly Territorians have everything to be proud of.
Legislative Assembly staff, I thank you. You work tirelessly, certainly the Table Office, the Clerk’s Office staff, Corporate Services, Parliamentary Services area, the Library; they all do a great job to support us members.
I thank my electorate officers for their hard work this year. Nicole Lewis went on to better and bigger things in the department and I am sure she is going gang-busters there. I have had some temporaries come in, Chrissy, Caroline and Kate, you have been fantastic. I want to thank my mother, Dawn Lawrie, who stepped in at the last minute to work in my electorate office for me. She has been an enormous help while I went off to have my third child, Zac Pigot.
I cannot let the year end without thanking people who have been phenomenally important in my life just recently, particularly my midwife, Kathy Colbert. Thank you, Kathy. You have been amazing and supportive through my birthing process of Zac. Thank you, Dr Margaret O’Brien, for stepping in and helping us in our hour of need for Zac’s birth. Royal Darwin Hospital, you have everything to be proud of. You have an amazing maternity staff on the sixth floor. They are wonderful, every one of them. I was there for a week and they were fantastic.
Finally, to my family: to my husband, Tim Pigot, thank you for being so understanding when this job takes me away from the family all the time, and to my daughters, Jhenne and Bronte, who are getting used to a life of politics. Merry Christmas to one and all!
Mr KIELY (Sanderson): Mr Deputy Speaker, tonight I acknowledge the wonderful work that is going on at Sanderson High School, and to make mention of the Year 12 award ceremony for 2004 which I had the pleasure to attend and present an award, along with the member for Karama, who I have the great pleasure of sharing the Sanderson electorate with - the students and the catchment from her electorate and the Sanderson electorate all combined. She is a great assistant to the school and to the students. The minister, Hon Syd Stirling, also enjoys the company of the Sanderson school, and takes every opportunity to get to their awards.
It was a significant night, particularly for around the 40-odd students who are graduating, and who were receiving an award for 2004. I will run through the list because it is important that they are placed on the record. They were Graiza Abellanosa, Jaye Ah Mat, Phillip Ah Wong, Fahad Alam, Rachael Ayers, Brent Bound, Jonathan Carr, Hayley Darben, Sarah Dempsey, Helen Dietrich, Nativity Dunbar, Jasmine Featherstone, Claudia Freitas, John Ginis, Brock Hall, Melissa Harris, Damien Heath, Ying Jin, Tara Liddy, Anikita May, Renn McCormack, Rebecca Michels, Hayley Miles, Sophia Moffatt, Aeyasha Mohammed, Timothy Nicolson, Simon Nuttall, Robert Pocock, Chloe Rawhiti, Kyle Rayfield, Briohny Reynolds, Sarah Richard-Preston, Ryan Smith, Ebony Smith, Rebecca Stevens, Robert Sykes, Jaymee Taylor, Caleb Wanganeen and Tara Wilson.
This is just one step in the great journey of life that these young students are leaving and going on to. Some will be going into the work force, some will be going on to university, others will be travelling. The whole world is before them, and it is a marvellous journey that they will be embarking on. The significance of this stage in their life is best summed up by the school principal, Ms Denise Wilkowski, who gave the following speech on the night. I would like to quote it verbatim into Hansard because it really hits the nail on the head as far as the feelings for this particular group of young Darwinites is. This is from Denise Wilkowski:
That was a pretty significant speech by the principal and it shows the caring and the love, and I use the word meaningfully, the love that the principal has for these students as they leave the environment of Sanderson High School. I know that the principal, Denise Wilkowski, does feel a sense of loss and a sense of joy when her students pass through Year 12, because it is a great time for them.
As I said, it was an awards night and I would like to go through some of those now.
The personal best medallions for 2004 went to Graiza Abellanosa, Jonathon Carr, Melissa Harris, Jin Ying, Tara Liddy, Anikita May, Aeyasha Mohommed, Anthoula Mpilias, Tim Nicolson, Robert Pocock, Chloe Rawhiti, Kyle Rayfield, Briohny Reynolds, Sarah Richard-Preston, and Tara Wilson. Congratulations to those individuals for the best personal medallions. I had the special pleasure of awarding the Stage 2 service award, and this is the fourth year that I have sponsored this award in my capacity as the member for Sanderson. It was a great pleasure to do so as I fully recognise the incredible amount of work that the Sanderson staff undertook to get the youth to where they are. I also recognise that the students needed to give their studies their best shot, and on the night it recognises the work and accomplishments of all concerned; and that is not forgetting the parents who are important in the process.
I was pleased to give the individual award to a young woman who had been a student at Sanderson High for five years of her secondary education. She has become increasingly self-assured. Through her persistence and tenacity she has achieved commendable academic and personal growth. She displayed maturity and independence throughout the year, and single-handedly on many occasions organised fundraising events for the Stage 2 awards dinner. These included a barbeque at the swimming carnival, several car washes - very active indeed; and this particular individual worked tirelessly on these occasions and committed to helping others and supporting those around her. The recipient for this year’s award was Briohny Reynolds. She looked to be a youth with a great future ahead of her, very, very mature for her years. I wish her all the luck and it is an award well deserved.
On the night, there were also other awards. There was the Aboriginal and Torres Strait Islander award which is the highest achieving indigenous student which was Tara Liddy. The Aboriginal and Torres Strait Islander awards for the high achievements were Jasmine Featherstone, Pebert Pocock, and Anikita May. The 2004 Caltex Best All Round award was taken out by Timothy Nicolson. The Sanderson High School Council award for highest achieving student was Tara Liddy. The Sanderson High School Council award for high achievement was Graiza Abellanosa and Chloe Rawhiti.
The Board of Studies awards for indigenous achiever for Year 12 2004 was a bit of a double because recipient was Tara Liddy. What a fantastic student. Tara has a very quiet, organised, mature approach to her studies, and utilised her study lines very effectively to complete her Stage 2 exams in the high school. Towards the end of September, when students were finalising work submissions for Year 12, Tara broke her ankle and was away from school for around four to five weeks. During this difficult time, Tara completed all of her pieces from home. She also undertook a visual arts course by correspondence and her work has also been selected for display at the Northern Territory Museum and Art Gallery from 4 March to 26 April 2005. That was a fantastic effort by Tara. Not only did she pick up the school council award for the highest achieving student as an indigenous student, but also the overall. Fantastic personal achievement for her and it speaks volumes for the efforts of the school staff over there, to work with her to get her there.
Mr Deputy Speaker, I must make mention that there are a couple of students who are actually young mothers, and this is fantastic, that young women who have had the joy of having a child are still able to concentrate, know the value of the studies, and that the school could work with these young mothers and assist them through their own hard work, to get through and achieve their Stage 2 is just a simple statement of high achievement for the Sanderson High School.
I look forward in the years to come to working with Sanderson High School. The Principal and the staff are doing a fabulous job. Their work for the youth in Sanderson cannot be overstated. They do a wonderful job. I was there last week as well for a morning tea with all the teachers, and let me say what a fine body of staff it is. They are all committed, absolutely no doubt about it. They will be back next year, and I will be there next year. I look forward to hopefully being there this time next year and also being present for the awards.
Congratulations once again to the awardees. Make the best of what lies ahead of you. I am sure that on behalf of all member of the Legislative Assembly, we wish you well in your future years and your future endeavours.
Motion agreed to; the Assembly adjourned.
VISITORS
Madam SPEAKER: Honourable members, I advise you of the presence in the gallery of Kormilda College Year 8 students accompanied by their teacher, Ms Jacelyn Roxburgh. On behalf of all honourable members, I extend a warm welcome to you.
Members: Hear, hear!
STATEMENT BY SPEAKER
Death of Hon Justice Steven Bailey
Death of Hon Justice Steven Bailey
Madam SPEAKER: Honourable members, it is with deep regret that I advise you of the death, on 25 November 2004, of the Honourable Justice Steven Bailey, a former officer of the Northern Territory Department of Law and a Justice of the Supreme Court of the Northern Territory.
I will ask honourable members, on completion of the condolence motion, to stand in silence for one minute as a mark of respect. I call on the Chief Minister.
CONDOLENCE MOTION
The Honourable Justice Steven Bailey
The Honourable Justice Steven Bailey
Ms MARTIN (Chief Minister)(by leave): Madam Speaker, I move that this Assembly express its deep regret at the death of Hon Justice Steven Bailey, a Justice of the Supreme Court of the Northern Territory from 1997 and former Director of the Executive and Policy Division of the Northern Territory Department of Law, and place on record its appreciation of his long and distinguished service to the people of the Northern Territory, and further that the Assembly tender its profound sympathy to his family.
Justice Steven Ronald Bailey embarked on a life in the law from a fine academic background. He graduated as a Bachelor of Laws with first class honours, winning the University Medal from the University of London before taking up an academic appointment in Australia. He was a senior tutor in legal studies at the University of Western Australia from 1975 to 1976 and, in 1977, lectured in law at the University of Newcastle in New South Wales.
At Newcastle, Steven Bailey met Jennifer Goldie, the woman who was to become his wife.
After a year in the east, in 1978 Steve accepted a position in the then Department of Law in the Northern Territory where, over the next few years, he gained experience in legislative drafting and in advice in constitutional, administrative and civil law. He was present at the establishment of self-government, working closely with Chief Ministers Paul Everingham and Marshall Perron.
Steve Bailey moved to the Executive and Policy Division of the department in 1979, and acted as Director of Division from 1981 to 1985. Those who worked with Steve Bailey during that period recall him inspiring loyalty and achievement. Two senior Territory lawyers, Nick Mitaros and Neville Henwood, who worked as his articled clerks during that time, attest to Steve’s ability to inspire people.
In 1985, the Bailey family left the Territory when Steve became Senior Crown Counsel in the Hong Kong Prosecutions Division. In 1992, he was promoted to Senior Assistant Crown Prosecutor and appeared at all levels of the Hong Kong court system, from appellate to trial level. He appeared in the Privy Council on several occasions, and prosecuted commercial crime and Bill of Rights issues. In 1994, he was appointed to the Bench of the District Court of Hong Kong, dealing with the bulk of serious crime matters in the then Crown colony.
Rex Wild and Richard Coates recalled one of Steve’s great stories of his days in the mysterious East. Whilst in Hong Kong, he prosecuted members of a triad who had driven into a jewellery shop for a smash and grab, armed with AK47s. Unable to reverse the vehicle out of the shop, they had jumped into a taxi, only to become stuck in a traffic jam. They were promptly surrounded by police and arrested.
In 1997, Steven Bailey became Justice Steven Bailey, returning to the Territory to accept an appointment as a judge of the Supreme Court of the Northern Territory. In 1998, he became a member of the National Steering Committee for the annual National Supreme and Federal Court Judges Conference, and he was Chairman of the Northern Territory Parole Board from 2000. He was highly respected and well liked by members of the Parole Board.
Following e-mail advice from the Chief Executive to all Department of Justice staff of Justice Bailey’s death, Richard Coates has received innumerable messages that reflect their sadness and their fond memories of Justice Bailey as a good man and a fair judge. As a Supreme Court judge, he was popular and fair. Justice Steven Bailey shall be sadly missed by our entire legal fraternity. He was a fine Territorian.
Mr MILLS (Opposition Leader): Madam Speaker, I did not share a friendship or a professional relationship with Justice Bailey, though I am nonetheless privileged to speak today on behalf of the Country Liberal Party to this motion extending our condolences on his passing.
Likewise, I am honoured to be able to recognise the contribution that Justice Bailey has made to the Northern Territory and in particular to the legal profession. On behalf of members on this side of the House, I also wish to extend my commiserations to the family of Justice Bailey.
Justice Steven Bailey was a man who was, sadly, taken before his time. On the basis of his contribution in life thus far, the judicial system and the wider community will be worse off for his passing, as Justice Bailey still had much to offer.
Born in England, Justice Bailey migrated to Australia and came first to the Territory as an aspiring young lawyer in 1978. Although originating from elsewhere, Justice Bailey found a home in the Territory and a lifestyle to which he could easily adapt. In his commitment to the people, the future and to a fair go, there is no doubt that Justice Bailey was truly a committed Territorian.
After being appointed as a Legal Officer after arriving in the Territory, he went on to become Director of the Executive and Policy Division of the Northern Territory Department of Law, a position he held until 1985.
After leaving the Territory to pursue his career in Asia, Steven Bailey returned to Darwin in 1997 and was appointed to the bench of the Supreme Court. The Territory was a place where he felt at home and shared many strong friendships with its people, both from within and outside his profession.
Throughout his career on the bench, Justice Steven Bailey was known as someone who refused to be swayed by populist views and would never shy away from what he believed was right, nor would he be afraid of saying what was right.
I speak for all members on this side of the House when I acknowledge that there could not be many who could be classified as a better judge of what is right and just, and what is not. He had a well deserved reputation for compassion and fairness. Justice Bailey exemplified the ideal temperament of one in such an important and responsible position in the community and, as such, was held in high regard by his work mates and those in the legal profession who appeared before him.
He was also known for his work ethic and, for all of these reasons, the bench will be a lesser place for his passing. If there is one final piece of wisdom that I believe we can take from the late Justice Bailey, it was the advice he was known to give young lawyers. When asked what was the most important thing required to prepare themselves for a successful career in the law, he would answer that above all else, they needed a large dose of commonsense.
This advice was practiced as well as preached by Justice Bailey, as he was always well recognised for his fairness, level headedness and commonsense. As I said, this approach is something that I believe all of us can learn something from when going about our duties in this House.
Justice Bailey was recognised as a committed family man and, again, my condolences go to his wife, Jenny, and the family members he has left behind.
The Country Liberal Party mourns the passing of Justice Steven Bailey and extends its deepest sympathies to his family, friends and colleagues at this time. The opposition supports the motion.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I rise today to pay my respects to an honourable man and a serving Justice of our Supreme Court.
Justice Steven Bailey was appointed as a judge of the Supreme Court of the Northern Territory in 1997. At the time of his appointment, he was a judge of the District Court of Hong Kong, having been appointed to that position in 1994. Steven Bailey had a long and interesting career in the law.
I have read the transcript of the Special Sittings of the Supreme Court of the Northern Territory to welcome the Honourable Justice Bailey to his appointment in 1997. The warmth of the welcome speeches made by parties such as the then Attorney-General and members of the legal profession are testimony to the regard in which he was held by his colleagues and the community. The speech he gave in response is equally illuminating. It tells of his humour, humanity, wit and his love of family. I will share a small extract from that speech:
- At the risk of sounding like a recipient of the Oscar for the Best Movie of the Year, I would also like to thank
my wife, Jennifer, and our two children, Tom and Kate. I am blessed with a marvellous family who, on a daily
basis, never let me forget. Despite my august position, I suffer the same human deficiencies as everyone else
and I still have to empty the dishwasher and take out the garbage.
I sincerely thank them for their total support and encouragement. I am confident that they will save me from
the tendency to ‘judgitis’. As some of you may know, this is a serious affliction in which the victim develops
an irrational belief in the absolute correctness of his own views.
The Chief Justice said that Justice Bailey was a very hardworking judge and a fair man who gave everyone a chance to be heard. I am informed that Justice Bailey was in fact renowned for his patience in hearing some of the longest criminal trials in the history of the Territory, during which he endured what has been described as the ‘painstaking cross-examination of some of the more eccentric interstate barristers’.
Justice Bailey was also a man of considerable legal skill. He wrote the leading judgment in the case of DPP v WJI on behalf of the court. This judgment was upheld by the High Court of Australia recently and is a testament to the quality of the work of Steve Bailey as a judge.
Justice Bailey was appointed as Chairman of the Parole Board in 2000 and he has done some sterling work for the community in that role. Recently, he presided over the first decision of the Parole Board regarding parole for life sentence prisoners under the new legislative regime. Steve Bailey was highly respected and well liked by members of the Parole Board.
I extend my condolences to the colleagues of Steve Bailey and my deepest sympathy to his family. He was an honourable man who served our community well, and we are saddened by his loss.
Ms CARNEY (Araluen): Madam Speaker, as shadow Attorney-General and on behalf of the opposition, I join with government members to express our condolences to Justice Steven Bailey’s family and friends on his passing. The sentiments expressed by the Attorney-General and the Chief Minister are shared by us, and it is appropriate that this parliament expresses its condolences and sadness on behalf of all Territorians.
I had the pleasure of appearing before Justice Bailey, so I speak not only as shadow Attorney-General, but as a lawyer who appeared before him in the Supreme Court in Alice Springs.
Steven Bailey was a delight to appear before; his manner was relaxed and friendly, but at the same time he was a no-nonsense judge. He was well-known for his sense of humour, commonly referred to as ‘dry’, and his family, friends and members of the legal profession are sure to recount many examples of this well into the future. I have some stories of my own, and although I do not propose to tell them here, I look forward to exchanging them and stories about his dry humour and quick wit with my legal colleagues next week after the Special Sitting of the Supreme Court.
Steven Bailey had a very interesting legal career and the Territory was lucky to get him when, as a relatively young lawyer, he arrived in the Territory in the 1970s. These days, of course, we have many graduates from our own university, but before we bred our local talent, the Territory’s legal profession was built on imported talent from all over Australia and beyond.
Like so many young lawyers, Steven Bailey contributed to the growth of the profession in those relatively early years, and he was part of a small but elite group who achieved judicial office.
His career was interesting not just because he came to the Territory as a young lawyer or because he left legal practice after some years to work as the Director of the Executive and Policy Division in the Department of Law until 1985. It was interesting because when many lawyers, young and not-so-young, leave the Territory, it is usually to return down south. That has been the case for many years and will, no doubt, continue to be case for many more years to come. Going further north, however, was not and is not a common occurrence, but a relatively young and adventurous Steven Bailey left Darwin to pursue his career in Hong Kong, which he did with distinction, serving as Senior Crown Counsel from 1986 to 1992 and Senior Assistant Crown Prosecutor from 1992 to 1994. He clearly did well; he was appointed a Judge of the District Court of Hong Kong.
As we know, Justice Bailey returned to the Territory in 1997 to accept a position as a judge on our Supreme Court, a position he held until his untimely death last week.
Madam Speaker, he served on our highest court with distinction. He was intellectually very quick and agile, both in the criminal and civil jurisdictions. He was widely regarded as firm, but fair. He was well known for his capacity for hard work, and I note that the Chief Justice publicly commented about this last week, remarking that Justice Bailey was usually the first to arrive at Chambers.
Steven Bailey struck me as a very caring man, and that can be seen in his many judgments. I remember reading his sentencing remarks in one case in particular many years ago. It was an especially brutal rape case. His particularly moving sentencing remarks eloquently described the appalling effect of the crime on the victim, illustrated his empathy and sympathy for her and his disdain for these types of crimes. I thought at the time that it said something of the sort of man Steven Bailey was; a compassionate man, a decent man.
Steven Bailey was also a devoted family man who had a number of close friends with whom he regularly enjoyed a very good glass of red. He was also a very popular visitor to Alice Springs, so his consumption of a good red was not confined to the Top End.
Invariably, members of the profession spent time with him, as they do with other judges when on circuit, after court. I recall the first time I met him outside court, and it was in a pub with his close friend, Greg Cavanagh, who was also sitting in Alice Springs at the time. The three of us sat together talking about a range of matters. I could say that we spent our time talking about the law, however, it is more accurate to say that we simply gossipped. We could have sat there for hours, but His Honour had the good sense to know when it was time to leave; the same, however, could not be said about Greg and me.
Lawyers have always talked about judges, sometimes in complimentary terms and sometimes not. It is the nature of the profession. However, what has always and universally been said about Justice Bailey is that he was a pleasure to appear before. In fact, one lawyer said yesterday that he was ‘lovely’ to appear before, a description rarely used to describe one’s appearance before a Supreme Court judge.
Many kind things have been said about Steven Bailey in recent days, and when someone passes away, I suppose that is what we expect. Steven Bailey, though, is something of an exception because what has been said about him in recent days has, in fact, been said about him for many years. That says a great deal about the sort of man he was, and the high regard in which he was held.
The Northern Territory has been well served by Justice Steven Bailey, but it is more accurate, I believe, to say that the Territory is a better place and more enriched as a result of his presence, his role on the Supreme Court and his contribution to our system of justice and its administration. We extend our sympathy to his wife, Jenny, and his children, Tom and Kate. Our prayers are with them.
Mr MALEY (Goyder): Madam Speaker, I rise to place on the record my condolences to Steven Bailey’s family and my respect to him as a person.
I met Justice Bailey in 1997 when he was appointed to the Supreme Court of the Northern Territory. He was a good friend of a then business partner of mine. He struck me as a quiet and decent man who did not mind, as my learned colleague said, a red wine with his mates. We would catch up fairly regularly at the then Petty Sessions establishment and enjoy his company.
He was not a pretentious person; he enjoyed the respect and admiration of his peers. Steven Bailey was a man who could talk and socialise with anyone, and I witnessed that on many occasions.
I also had the privilege of appearing before him in the Supreme Court on many occasions. His elevation to the bench did not change his easy-going attitude. He remained a polite and decent person for his entire time on the bench. The reason for that, I suppose, is obvious: he was already very bright; he did not have to prove anything; he had an excellent grasp of the law; he never missed a trick; he always conducted himself with dignity; he was always polite to counsel; and he treated all those who came before him with dignity.
When the Chief Minister moved this motion, she talked about Justice Steven Bailey being a fine Territorian. Indeed, I support that he was not only a fine Territorian; he was a good bloke and was a great friend.
MOTION
Legal and Constitutional Affairs Committee – Membership
- Motion agreed to.
PETITIONS
Larapinta Drive - Construction of a Pedestrian Crossing
Larapinta Drive - Construction of a Pedestrian Crossing
Ms CARNEY (Araluen): Madam Speaker, I present a petition from 427 petitioners praying that a crossing be constructed on Larapinta Drive for the safety of school children. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders. I move that the petition be read.
- Motion agreed to; petition read:
To the Speaker and members of the Legislative Assembly in parliament assembled, the humble petition of the
undersigned citizens of the Northern Territory showeth: three primary schools are located near the western
side of Larapinta Drive in Alice Springs. Larapinta Drive is a busy main road, which many young school
children need to cross in order to get to school. Concerns exist for the safety of young children crossing this
road. Parents, friends and other concerned citizens believe that a crossing should be constructed on
Larapinta Drive, near Bradshaw Drive and Diarama Village in the interests of children’s safety.
Your petitioners therefore pray that the Legislative Assembly construct a crossing on Larapinta Drive near
Bradshaw Drive and Diarama Village in Alice Springs and, your petitioners, as in duty bound, will ever pray.
Midwifery Services in NT
Mrs BRAHAM (Braitling)(by leave): Mr Deputy Speaker, I present a petition, not conforming with standing orders, from 1144 petitioners relating to midwifery services in the Northern Territory and provision of private maternity services. I move that the petition be read.
Motion agreed to; petition read:
- Your petitioners therefore humbly pray the Northern Territory government urgently extend professional
indemnity cover for midwives who wish to practice in private settings as a temporary measure until a
more permanent resolution is established. We further pray the Northern Territory government will
urgently review the provision of private maternity services in metropolitan and regional localities of the
Northern Territory with the aim of ensuring safe and affordable maternity care, including child birth, to
Territorian mothers in their homes as a matter of their choice.
Your petitioners, as in duty bound, will ever pray.
MINISTERIAL REPORTS
Government Delegation to China
Government Delegation to China
Mr HENDERSON (Asian Relations and Trade): Madam Speaker, the Territory government is proud of the Northern Territory’s strong historical and family ties to China. There are over 4000 Chinese Territorians and their cultural heritage has an important role in the Northern Territory community.
From 24 to 31 October, I was pleased to lead a delegation to China including Anhui, Meizhou, Hong Kong and Shanghai. The delegation included representatives from the Territory’s Chinese community, Darwin Port Corporation, Charles Darwin University and government agencies.
The mission focussed on strengthening and developing cultural links between the Northern Territory and China, promoting business and skilled migration from China to the Territory, and promoting education, tourism and investment opportunities in the Northern Territory.
The flow of migration, education, business and trade between China and the Territory can best be advanced by harnessing the networks between the Territory’s Chinese community and China. The support for the delegation shown by both the Chinese community in the Northern Territory and the government authorities, businesses and people of the regions visited bode well for stronger relationships in the future.
Time does not permit me to detail all of the events during the week-long visit. This report to the Legislative Assembly is a brief outline of the delegation and outcomes.
Around 80% of business and skilled migration applications coming out of China for Australia are from people in Shanghai, making this striving economy a place of real opportunity for links to the Territory.
The delegation visited Shanghai Normal University where five Darwin High School students and one teacher were halfway through a 12 week exchange. It was great to be able to deliver them care packages from their parents, including much needed Vegemite and Tim Tams. The Darwin High students and the school could not say enough about how valuable they were finding their own experience at the school, and the Territory government will certainly be looking at how Territory students can continue to benefit from exchange programs such as this.
I was accompanied by Mr Barry Berwick, CEO of Darwin Port Corporation, to Shanghai’s Waigaoqiao Port. With almost 50 million containers going through the port in a year, Waigaoqiao is the world’s second largest container port. Whilst this is a scale that is well beyond the size of Darwin, there are certainly valuable lessons to be learnt from this port in the running of the Territory’s facilities.
Around 90 Shanghai-based business people and Chinese government officials attended a business networking function with the Territory delegation during which I delivered a presentation on the Territory’s economy, significant projects and major industries.
Meizhou was the ancestral home of many of the Hakka Chinese and Chinese-Timorese in the Territory, and I am proud to say this was the first visit by a government minister from Australia to the city.
I was pleased to sign a Memorandum of Understanding with the Vice Mayor, Mr Zheng Shaowei, seeking to develop business, trade, sporting, education and migration links between the Northern Territory and Meizhou.
The delegation presented a seminar on the Northern Territory which was attended by more than 100 people, including a large contingent of students studying English. I provided a general overview of the Territory and its economy, the AustralAsia Trade Route and our unique lifestyle.
Delegates Mr Pah-Fong Jong and Mr Kivi Lay outlined the history and contribution of the Chinese community to the Territory. Mrs Kerry Moir from the Department of Education outlined the primary and secondary education system in the Territory and the opportunities for overseas students. There was a great deal of interest in the presentation by Mr Dennis Meehan from Charles Darwin University, particularly on the courses available and job opportunities to which they may lead. Mrs Mary Cunningham from DBIRD offered a detailed overview of the migration criteria and sponsorship requirements for the Territory. The seminar was very successful, and I am sure will lead to many new inquiries on opportunities available in the Northern Territory.
The Territory has a close relationship with Anhui Province, with Anhui delegations coming to the Territory on a regular basis. Mining is a huge contributor to the Anhui economy, as it is in the Northern Territory. DBIRD has been working closely with the Anhui Lands and Resources Department on a series of best practice mine management manuals. These manuals, based on Australian standards entitled Best Practice Environmental Management and Mining were launched by Mr Hu Yu Xiang, General Director of the Anhui Department.
I was also pleased to meet with the Vice Governor of Anhui and join with him in signing a friendship and cooperation agreement between our two governments. Of course, it is not just about business and I am pleased to advise that Anhui has committed a team to the Arafura Games in 2005. I have also just received notice that a delegation of government officials from Anhui will be visiting Darwin in December.
Madam Speaker, as I mentioned at the outset, time simply does not allow me to go into further detail on the outcomes of the delegation. If members of parliament or members of the public would like to know more, I certainly encourage them to contact my office and talk to any of the delegates who participated.
This visit could not have been successful without the support and backing of the Chinese community in the Territory, the delegates who participated for all or some of the visit, and the Territorians at heart who now live in China, including Mr CK Wong and Mr Kong Su Jape. I sincerely thank them for all their efforts and support of the important delegation to strengthen community and business links with regional China.
Mr BURKE (Brennan): Madam Speaker, as the minister would be aware, I have only recently come to this portfolio.
When it comes to speaking on Chinese issues, I feel particularly unqualified when I look at my colleague, the member for Greatorex, who is Malaysian-born Chinese. We are very proud of his parliamentary efforts over many years, which brings me to my first point, and I have discussed this with the Leader of the Opposition: I have no doubt that the mission to China was worthwhile and constructive. I am sure he put an enormous amount of effort into it, as we need to, even though some of these things take a long time to reach any tangible fruition in terms of outcomes.
I give an undertaking that a CLP government would take the opposition spokesmen on these visits. It is important that we all …
- Members interjecting.
When it comes to links with Anhui and Meizhou, they have been there for many years and, as the minister pointed out, a large contribution from those areas have been made by the Chinese population in the Northern Territory.
I made a visit to Shenzen, Guangzhou and Beijing when I was Chief Minister, and I am sure the minister experienced the fact that, when it comes to formal dinners, it can be quite laborious. However, it is important that we demonstrate our recognition of the burgeoning economic capacity of China and the way that can impact on a place like the Northern Territory, and we build on the fact that whilst the relationships and …
Madam SPEAKER: Member for Brennan, your time has expired.
Mr BURKE: … exchanges are small, we can build on those in the future.
Mr HENDERSON (Asian Relations and Trade): Madam Speaker, I thank the member for Brennan for his supportive comments. Yes, the Chinese economy is a huge and burgeoning economy and will be very important not only globally, but to our region. It will create enormous opportunities for the Northern Territory, particularly in investment in the resources sector.
The Chief Minister and the member for Barkly have just made a great announcement in relation to the Bootu Creek development and the manganese that will be going to Chinese customers, so that relationship is strong. It is one to which the government is committed. We will continue work with our Chinese community in the Northern Territory and with members of the opposition. I thank the member for Brennan for his support.
Public Housing, Alice Springs
Mr AH KIT (Housing): Madam Speaker, I rise to report on the important work currently under way on public housing in Alice Springs.
Public housing is accessed by many of our fellow Territorians. This includes Territorians on low to middle incomes, community sector industry assistance tenants, those experiencing family and social difficulties, including victims of family violence, people with disabilities, and young Territorians making the transition to rental accommodation. Public housing is for Territorians from all walks of life.
Territory Housing is administered through a Government Business Division, which also has responsibility for enabling people to transfer from public to private home ownership or into home ownership for the first time. In many cases, this involves assistance through shared equity schemes whereby there is a partnership between the government and home buyer entertaining the dream of home ownership.
Many people have been able to realise this dream through HomeNorth. Since its revamp on 1 July 2004, 37 Alice Springs families have been assisted to purchase their homes, with $7m in loans provided. This includes five public housing tenants who are now home owners, bringing to 30 the number that has succeeded in making this transition since November 2001.
In Alice Springs alone, a major upgrade of 34 police houses will be completed by 30 June 2005 at a cost of $1.36m. A further 34 houses for other government agencies have also been upgraded at a cost of $1.36m, a total across these two programs of $2.72m. We are reinvesting into Alice Springs through this and the Urban Renewal Program, creating and sustaining local jobs. This has made major inroads following a long period of neglect of public housing assets. Through the Urban Renewal Program over the last 12 months, $1.8m has been spent on improving the standard of public housing dwellings.
I understand the legitimacy of many of the issues that have been raised by the people of Alice Springs living in private and public housing. That is why we are acting and why we will continue to listen. As a result of my recent visit to Alice Springs, I have accelerated the appointment of security patrols for hot spot areas.
I have pleasure in announcing to the House that Tennant Security Services, trading as Shane Ride Securities, will commence patrols tonight. The new security patrol service will target the hot-spot complexes from 6 pm to 7 am - that is, 13 hours a day. A key feature of the service will be that the complainant will be able to make direct contact with the security patrol officers.
Territory Housing will also continue to work closely with the police and the Tangentyere Night Patrol Service to target hot-spot areas.
We recognise that many of our tenants struggle to maintain effective tenancies. Two additional indigenous crime support officers will be in place by January to assist tenants and, where needed, refer them on to suitable support services.
In addition, we will be using interpreters from the Aboriginal Interpreter Service to assist in seeking solutions to issues of unwanted visitors and antisocial behaviour and avoiding housing problems. A community working group has been established to develop a program for Urban Living Skills. A number of community service providers are represented on this group, and we are developing options that will be practical and useful for our tenants.
The Martin government does not step away from the big issues. A case in point is the Keith Lawrie Complex. Under the previous government, this complex, which has been a hot-spot for antisocial behaviour, would have been sold off, as they did in the last four years of their administration, which removed 1760 bedrooms from public tenancy in Alice Springs.
We do not take this approach; we invest in the future. Through the redevelopment of the Keith Lawrie Complex, due to be completed by mid-2005 …
Mr Dunham: We sold them to Territorians, you goose!
Mr AH KIT: … a complete refurbishment of the 32-two bedroom housing complex …
Mr Dunham interjecting.
Madam SPEAKER: Member for Drysdale, order!
Mr AH KIT: … will result in improved public space and security.
As I said, the problems we are facing are problems being faced by the whole community. The vast majority of problems do not spring from residents, but from unwelcome visitors.
As the member for Greatorex and former housing minister said in this place on 30 November 2000:
- The majority of public housing tenants act and manage their tenancies responsibly.
Madam SPEAKER: Your time has expired, minister. Before we go on, member for Drysdale, withdraw the word ‘goose’.
Mr DUNHAM: Which one?
Madam SPEAKER: Goose.
Mr DUNHAM: I did not say that.
Madam SPEAKER: Yes, you did. Withdraw it.
Mr DUNHAM: If I said ‘goose’, I withdraw it unreservedly, Madam Speaker.
Madam SPEAKER: You did. There is no ‘if’; you did! I warn you straight off that I am going to pull you up every time you do it.
Mr DUNHAM: I withdraw it, Madam Speaker.
Mr ELFERINK (Macdonnell): Madam Speaker, it is no surprise to me that the minister brings this to the House when I have two minutes to respond to what should be a ministerial statement.
The minister has used this farce of ministerial reports to hide behind so he can kill off debate in this House on what is a vital and important issue to the people of Alice Springs.
The minister was not at the public meeting held at Larapinta despite the fact that he was in Alice Springs the very next day. Why was he not there? So he did not have to listen to people who live around the public housing for which he has responsibility. He did not have to hear about people who cannot get their kids to sleep because they are too scared. There are complaints from people whose children still wet the bed because of the noise and social dislocation happening around them. He also did not want to hear that a fellow who has been working his whole life to buy his own home has had $30 000 of the value of that home wiped off his property because of the decisions of this government.
This minister has chosen to use public housing to deal with an issue that he has in the bush. That is, if there are housing shortages in the bush, he encourages people to come into town.
The opposition makes it clear that if we have miscreant tenants who cannot meet the duties that they have, then we will evict those tenants. If hot-spots are identified, we will unashamedly start selling those properties off until those hot-spots disappear, and use the funds for more appropriate purposes.
Madam Speaker, I could go on for at least an hour on this issue. I have two minutes in which to respond. The minister needs to present a ministerial statement on this issue.
Madam SPEAKER: It is a little unfortunate that the member for Braitling cannot respond as well.
Mr AH KIT (Housing): Madam Speaker, it is not my concern if the member for Braitling is not able to respond to this ministerial report. There is no doubt that there are other mechanisms available to members opposite and Independent members if they want to raise the issue of housing.
I had hoped to hear something really sensible from the shadow minister in his response to my report, but I should not have held my breath.
The seeds of the problems we currently face with overcrowding, often poor conditions and antisocial behaviour, were planted over many years. They were planted, at least in part, by the policies of two current politicians who were ministers for housing, and their current spokesman is sowing the same infertile row.
Under the previous government, a total of 622 buildings were sold off in four years. That is a total of 1760 bedrooms. We are working hard to fix the problem; we are listening and acting. If you want to bring on a debate, I welcome it!
Cyanide Storage, Mt Todd Mine
Mr VATSKALIS (Mines and Energy): Madam Speaker, I report on concerns that have been raised in relation to the storage of cyanide at the Mt Todd mine. Mt Todd is a decommissioned mine, with a number of problems which we inherited under arrangements negotiated by the former government when the mine stopped operating in June 2000.
In 2001, the bulk of the on-site equipment was sold by the former lease holder’s administrator to AussieQuip Pty Ltd, which continues to dismantle and remove those items from the site. This process is required to be completed by June 2006, and work is currently proceeding in a planned manner.
Included in the equipment purchased by AussieQuip are three large storage tanks, which were used to hold cyanide for processing gold. Two of the tanks still hold a large quantity of cyanide. In keeping with Australian standards for storing such chemicals, the tanks are contained within a concrete bund wall.
I would like to make it clear that no cyanide has escaped from the storage area. Contrary to some alarmist suggestions, it is not physically possible for someone to turn on a tap and allow cyanide to flow into the surrounding area or river systems. Any spills or leaks are contained within the concrete bund wall, which was built specifically for that purpose. In addition, the site is secure and there are two departmental officers stationed on-site.
The effectiveness of that system was demonstrated in March 2003, when the third tank which also contained cyanide at the time, was found to be seeping a small amount of the chemical into the bund. AussieQuip immediately arranged for remedial work by North Australian Laboratories, which specialises in such matters. The cyanide in the bund was treated with hypochlorite, and the remaining cyanide in the tank was pumped into the two other tanks. The site was fully tested and declared clean.
At the same time, North Australian Laboratories scientifically measured the amount of cyanide in the two tanks at 794 000 litres. Since then, the tanks have been regularly monitored and there have been no leaks.
The site was inspected last week by officers from my department, and they have confirmed that there is no evidence of cyanide outside the tanks, and that it is correctly stored in accordance with Australian standards. In addition, visual checks of the tanks’ content confirm that both tanks remain at near full capacity. A scientific survey will be conducted within the next week to confirm the exact volume of cyanide in the tanks.
My department is also negotiating with AussieQuip to determine the most effective method of disposing of the cyanide, and this includes chemically destroying and neutralising the cyanide on-site.
On-site water management has also been an ongoing issue because it is simply not possible to store all the rainwater that falls on the lease in the Wet Season. To minimise the impact of run-off, storm water from critical areas is drained through a series of retention ponds. To maintain the integrity of those structures, some water is released from the pond during the Wet Season. This is done under a Waste Discharge Licence issued by the Department of Infrastructure, Planning and Environment.
I am advised that, from time to time, threshold levels for the receding water of 10 parts per billion of copper above natural back-up levels have been exceeded, but the rapid dissipation of the released water has negated any impact on the integrity of the Edith River ecosystem, which is monitored down stream from the mine by my department. My department will also be establishing an additional monitoring site on the river to provide even better information on the status of the ecosystem.
The traditional owners of the area, the Jawoyn people, are concerned about the rehabilitation and future use of the site, and government shares those concerns. I have asked the department to identify and propose for the government’s consideration the options of determining how the site might be managed in the future. That will allow us to make considered decisions on the basis of facts rather than emotion and hearsay.
Mt Todd is not a pretty site. The fact is government should never have been put in the position of managing what is a private sector responsibility. The government’s role is to regulate mining sites, not to operate them. However, in view of previous decisions, which now see this government burdened with that role, we are working closely with AussieQuip, the Jawoyn and other stakeholders to manage the site in the most responsible and practical manner possible.
Mrs MILLER (Katherine): Madam Speaker, Mt Todd, when it first opened, was the cause of great excitement to the Katherine region and provided a lot of work for local people. It made a huge difference to the region and, when it closed, it was almost a disaster, economically, for Katherine.
The mining company claimed it had gone broke, left Australia and left a huge fiasco. There is a hell of a mess that needs to be cleaned up at Mt Todd. About 12 months ago, I went out to have a look at the site and it is a disaster. It poses a major Wet Season risk and we have already had quite a bit of rain in that area. The environment and down stream area need to be cleaned up. The communities that are going to be affected are of major concern, and of course, are making inquiries with us already as to what we are going to be doing.
My question is: what is the government going to be doing? There is a very serious risk of cyanide, heavy metal and acid water pollution. I would like to know what this government is putting in place to ensure the safety of down stream.
Mr VATSKALIS (Mines and Energy): Madam Speaker, I thank the member for her comments. I agree with her that Mt Todd was and is a disaster. The government has been trying to sort out the mess that the previous government left us.
I want to ask the question: why were the Mt Todd operators, with Mt Todd’s known geology and potential problems with the site, asked only for an environmental bond of $900 000? Alcan and Newmont in the Tanami had to put up an environmental management bond in excess of $20m. Why was Mt Todd given such preferential treatment by the previous government when they knew very well the geology of the place? This government now has to face the problems created by the previous government. We have to pay for it. Every Territorian has to pay to rectify the problems at Mt Todd.
My prediction is that it is not going to be $20m to rectify the situation; it is going to be much more. This is because you did not take appropriate action at the time you granted the licence.
BreastScreen NT Service
Dr TOYNE (Health): Madam Speaker, I rise to provide a ministerial report on BreastScreen NT services. The Territory opposition raised scurrilous allegations over the closure of the BreastScreen service in Darwin during December 2004 and January 2005. These concerns are ill-founded, and have had the resultant effect of causing anxiety and confusion in the community. So great is that anxiety that BreastScreen NT has been bound to put an advertisement in Northern Territory papers to reassure and to provide accurate information to Territorians about this service. The advertisement was placed in Northern Territory News on 23 and 27 November and it is in today’s Centralian Advocate.
I encourage the opposition Health spokesperson to request briefings when she is uncertain of specific health issues rather than cause unnecessary public confusion, anxiety and concern.
The cause and prevention of breast cancer is not fully understood, and early detection is the best means available to treat cancer and reduce mortality. Screening mammograms are only one method of detection. Others include clinical examination and breast awareness.
BreastScreen NT has been operating as part of a national approach to early detection of breast cancer since 1994. It is an evidence-based population screening program. BreastScreen NT provides free BreastScreening for women between 50 and 59 years who have no breast symptoms or concerns. Women aged 40 to 49 and over 70 years can have a screening mammogram with BreastScreen NT every two years if they want one, although there is no strong evidence to show that screening is an effective tool in finding early breast cancer in these age groups.
Screening is based on a two yearly cycle, and women screened in 2002 are invited to participate this year. Other women in this target age group who have not previously undergone breast screening are also encouraged to attend. Screening takes place in Darwin all year except for the Christmas and New Year period. Many BreastScreen NT staff take annual leave in the quiet Christmas and New Year period so that the screening program is not disrupted in the busier parts of the year.
Since the program commenced many years ago, screening has always ceased over the Christmas period. This year, screening will not be conducted from 22 November to 14 January 2005. Other states also cease screening or reduce to minimal the services offered during this time.
The national accreditation standards for breast screening have an allowable tolerance of three months either side of the woman’s due date for recall. There is no risk arising from the unavailability of screening services over the Christmas period.
Screening takes place in Alice Springs during screening blocks. Alice Springs has received two screening blocks this year and it is planned that three screening blocks will be provided in 2005. The annual number of women screened in Alice Springs has remained relatively stable since 2001. Alice Springs has continued to receive a high quality BreastScreen service.
A visiting BreastScreen service travels to Tennant Creek and Katherine annually and to Nhulunbuy every two years to provide this service. Women from remote communities are included in publicity campaigns and direct mail-outs.
Annual screening results have remained stable since 1999: 4067 in 1999; 4148 in 2000; 4416 in 2001; 4166 in 2002; and 4548 in 2003. Data has not yet been compiled for this year. Of these numbers, approximately 1000 women are screened annually in Alice Springs.
There appears to be some confusion from the opposition about breast screening services and diagnostic services for women with breast symptoms. If a woman has a lump or any other breast symptom or change, she should see a doctor without delay rather than contacting BreastScreen NT. She will be given a referral from a doctor and have a diagnostic breast X-ray to diagnose breast symptoms. The diagnostic services are provided by private imaging facilities for the two larger Territory hospitals. Diagnostic services are available all year round to women of any age, and a Medicare rebate is available.
Madam Speaker, I call on the opposition to be a bit more responsible when they handle public health issues such as breast screening.
Ms CARNEY (Araluen): Madam Speaker, I admire the minister’s courage by talking about what he has, but that is about it. What he said completely misunderstands and demonstrates his misunderstanding about the importance of early detection of breast cancer.
Much of what the minister said cannot be taken seriously, in particular: ‘come and get a briefing’. Well, I did try to get a briefing on 26 October. One hour I was given for health. Where are we? It is 30 November and I have 21 questions still unanswered despite requests for him to do so.
Only this morning I received a response to a request 10 days ago for a briefing about his media release in relation to midwives. You tell me to get a briefing – you give me one!
In relation to BreastScreen NT, minister, in August 2004, you received a letter from a group called Bosom Buddies, a support group for women with breast cancer in Alice Springs. In the letter, which you have, they say, amongst other things:
- For the whole of 2002 and 2003, the service in Alice Springs was operated intermittently.
- She would find the door closed and the lights out.
These women have not even received a reply to this letter. The fact that you stand here today and say: ‘We have put an ad in the Centralian Advocate today’ is a joke. How dare you treat the women of Alice Springs with this sort of contempt.
I remind members of the government that in March 2002, the previous Minister for Health was asked whether she knew that BreastScreen NT was closed from November to late February. She said she knew it had been and that she would do all that she could to ensure that it did not happen again.
It has happened again, and the blatant hypocrisy of the Chief Minister, who shamelessly laps up the publicity in a calendar that is all about the early detection of breast cancer, stands there, says nothing, and allows the Minister for Health to perpetrate this nonsense about causing distress in the community. Well, if any distress has been caused, you have caused it, and you should pull your finger out and fix it.
Mr HENDERSON: A point of order, Madam Speaker!
Madam SPEAKER: Member for Araluen, withdraw that remark. It is unparliamentary.
Ms CARNEY: I am sorry, Madam Speaker, I withdraw that.
Dr TOYNE (Health): Madam Speaker, I remind the member for Araluen that the ultimate form of contempt you can show for Territorians is to deceive them in the way that …
Members interjecting.
Mr DUNHAM: A point of order, Madam Speaker! How dare you make the assumption the member’s contribution was deceptive.
Madam SPEAKER: Yes. Minister, withdraw that. You cannot say that. Withdraw it.
Dr TOYNE: Madam Speaker, I withdraw the word ‘deceit’. I will not withdraw my description of the activities of what the member for Araluen has been doing. She has not been presenting an accurate picture of breast screening services to the electorate.
Mr DUNHAM: A point of order, Madam Speaker! He cannot continue to claim that my colleague has been deceptive.
Madam SPEAKER: Minister, rephrase your comments.
Dr TOYNE: I have said, Madam Speaker, that she is not presenting an accurate picture of the services available to Territorians in this area of service delivery. That is not advancing the cause of public health one iota in the Northern Territory. We are not going to get anywhere with the opposition playing this sort of politics with women’s lives and concerns. She will be judged by what she has done on this issue.
Reports noted pursuant to Sessional Order.
STATEMENT BY SPEAKER
Chamber Etiquette
Chamber Etiquette
Madam SPEAKER: Members, I will not accept you pointing fingers across the Chamber. When you speak, make it statesman-like, if possible.
AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) AMENDMENT BILL
(Serial 258)
(Serial 258)
Continued from 13 October 2004.
Mr MILLS (Opposition Leader): Madam Speaker, the opposition supports this amendment. I understand it is an extension of a mechanism to amend the Land Register by 12 months as negotiations continue.
Ms MARTIN (AustralAsia Railway): Madam Speaker, I appreciate that the Opposition Leader kept his comments very short. It is a simple amendment that extends the time to amend the Land Register, which is for access and easements for electricity and water for the railway line.
Access and easements were put in place before the construction. As has been shown over the time the rail has been operating, those easements need to be adjusted. That is a process we are working through with private land-holders. We allowed 12 months for that to happen. All those negotiations have not taken place, so it is a logical amendment to have the sunset clause extended by another 12 months to 15 December next year.
I thank the opposition for their support on what is a very simple amendment to the AustralAsia Railway (Special Provisions) Act.
Motion agreed to; bill read a second time.
Ms MARTIN (AustralAsia Railway)(by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
LEGISLATIVE ASSEMBLY MEMBERS’ SUPERANNUATION CONTRIBUTIONS BILL
(Serial 256)
LEGISLATIVE ASSEMBLY MEMBERS’ SUPERANNUATION AMENDMENT
(SCHEME CLOSURE) BILL
(Serial 257)
(Serial 256)
LEGISLATIVE ASSEMBLY MEMBERS’ SUPERANNUATION AMENDMENT
(SCHEME CLOSURE) BILL
(Serial 257)
Continued from 14 October 204.
Mr MILLS (Opposition Leader): Madam Speaker, this bill takes me back just shy of 12 months when the first shot was fired in this political battle, and the Prime Minister made his grand statement with regards to superannuation, which flushed out Mr Latham who charged out, after a bit of consideration, and made a matching comment.
All the while, in the Northern Territory, we were mindful that this Chief Minister was preparing to present this to the Northern Territory community, and was rather slow in light of the Prime Minister’s statement and the subsequent response by Mr Latham. Then there was a response from the opposition and, finally, a response from the Chief Minister. It is in looking at this, all that comes back to me.
The opposition has weighed up this bill. There was initially a concern about the definition I of a member being re-elected. We understand that has been clarified. I seek an assurance in the Chamber, Chief Minister, that the matter of definition has been clarified. Also a comment on mechanisms that you have in mind for addressing the two-tier system when there are new members who will enter this Chamber, and probably at this time next year they will be standing here. Could you give us some understanding as to the system that will operate for those new members? With those few comments, the opposition supports the bill.
Ms MARTIN (Chief Minister): Madam Speaker, I thank the opposition for their support and would like to put on the record the sequence of events.
Rather than, as the Opposition Leader said, this being in response to the national debate just under 12 months ago, we indicated in the lead-up to the last election, and I think our commitment was made in about February or March 1999, that we would look at the superannuation arrangements for members because of the cost to taxpayers and because we thought that superannuation should be more in line with what ordinary members of the community receive.
In early 2002, within six months of being in government, I announced that we were undertaking that review. Former Under Treasurer, Ken Clarke, undertook that review for government, and there was a lot of detail examined. The national debate happened while our review was going on. I will say that the review took some time because any changes would be effected after the next election, and we were busy doing a lot of other things, but the review kept moving along.
In February, I tabled the outcome of the review in this House and sought response from members. I thank the member for Nelson for his response. Sadly, we received no other response. We waited for a number of weeks. We contacted the opposition and said: ‘Have you a response?’ No response at all! We were very disappointed that we received no response from the opposition. I would have thought at least there would be some commentary on changes to the superannuation scheme that were being proposed. We waited, and we heard nothing.
I am pleased that we have support for this. As members understand, there will be no changes to current members of the LAMS scheme. For all those sitting in the House, as applies to other schemes around Australia, those who are currently entitled to the benefits of the scheme will remain in the scheme. One of the bills before us today closes that scheme, so there will be no new entrants to the Legislative Assembly Members’ Superannuation Scheme. The new scheme to be introduced is the Contributions Bill, and that is in line with what has happened in other parts of Australia and what is in keeping under the federal government’s Superannuation Guarantee. That is a 9% contribution of basic salary and additional salary if you are a minister, and the ability for up to a 50% salary sacrifice for new members.
It is a scheme that is in keeping with those available to the general community. When the Opposition Leader said that they had weighed up the bill, I hope that meant there was a reasonable examination of what is before us because we were disappointed that there was no response in February.
When I consider that under the previous Chief Minister, the member for Brennan, we as opposition were attacked for daring to suggest that we should have a scheme in line with community expectations, there seems to have been a turnaround in the CLP ranks in relation to support for what we proposed. I remind the opposition of the vehemence that was rained down on the then opposition about daring to say that we should look at a new scheme.
In terms of clarification, I believe in briefings, and I welcome the fact that the opposition did seek briefings. There was a clarification sought in relation to section 27A of the Scheme Closure Bill and that has been sorted through with the opposition, and your reference to section 15 and how that defines who is eligible.
The two-tier system is an issue being faced with benefits for current members as opposed to those for new members after the next election. As members know, our salaries are in nexus with the federal parliament. We understand that the federal parliament will be looking at the difference in the two tiers. Once we are informed of that, we will be able to assess what may need to be changed at a local level.
Currently, we are closing the LAMS scheme; we are introducing a new Contributions Bill, and we will wait to see what happens through the federal system in the difference between those currently in the federal parliament superannuation scheme and those new entrants in to the parliament since the 9 October election. We will look closely at that when they do that work federally.
I thank the opposition for their support of these two bills. It will be welcomed by the community that the superannuation options currently applying to members will not change for sitting members, but new members will be more in line with community expectations. These two bills represent this government delivering on a commitment.
Motion agreed to; bills read a second time.
Ms MARTIN (Chief Minister)(by leave): Madam Speaker, I move that the bills be now read a third time.
Motion agreed to; bills read a third time.
SUPERANNUATION AMENDMENT BILL
(Serial 255)
(Serial 255)
Continued from 14 October 2004.
Dr LIM (Greatorex): Madam Speaker, I join with the minister with a couple of comments. There is no reason for me to go through the history, which the minister did well in his second reading speech. Suffice to say that the previous government closed off NTGPASS in 1999, but with the slight doubt that current employees might be considered still eligible following issues raised by the unions. The government has decided to formally close off the potential loop hole through legislative change.
The opposition supports this process and the government formally funding a test case in the Supreme Court so that we are quite clear as to the eligible employees. There is no issue from the opposition in this regard. We support the government entirely on this amendment.
Mr STIRLING (Treasurer): Madam Speaker, I thank the opposition spokesman for his support. He accurately described the situation when he used the words ‘slight doubt.’ That is an accurate description of the circumstances that confront us now. Whilst that doubt, however slight, exists, so does the potential for someone into the future, maybe many years hence, to raise these matters. Who knows? If a case got up, it would be at great cost to the government of the day to cover all of the costs going back if the scheme was in fact found not to have been closed validly.
The effect of this bill is to remove that slight doubt. In relation to property acquired, the test case will test that. The case will be funded by government in conjunction with the CPSU. The parameters for the case are very clearly defined and will further put to rest any doubts around moves to close the scheme back in 1999 and any questions about just terms compensation.
I thank the opposition for their support of the bill. It is the clearest way for certainty on this. Once the bill is in force, and then later on in the compensation, once the test case has been worked through and a result known, everyone can be comfortable that everything is as it should be.
Motion agreed to; bill read a second time.
Mr STIRLING (Treasurer)(by leave): Madam Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) BILL
(Serial 259)
(Serial 259)
Continued from 14 October 2004.
Ms CARNEY (Araluen): Madam Speaker, I can indicate to the Attorney-General that we are supportive of this bill.
I took the opportunity during the last sittings of criticising, justly, parts of a second reading speech presented in relation to another bill. If something is not right or it warrants criticism, I will not hold back. Equally, in the case of an excellent second reading speech, I am the first person to compliment the author of it. I thank the author because this second reading speech very neatly outlines why it is that the government brings this bill to the House. There is not a lot of point in me rehashing parts of it because, appropriately, it has all been said.
I understand that interested parties and stakeholders are also supportive of the bill, particularly the TCA. I note, however, that the Law Society maintains some concerns it has about the adjudication provisions contained within the bill. The Law Society feels that there is a shortage of appropriate people in the Territory and, for the system to work effectively, more resources have to be provided, such as, for example, enabling people to be brought from south with a view to training Territorians.
I note that the Law Society has maintained these concerns, that it made a submission to government and that at a meeting of the Law Society a week or so ago, it still has these concerns. So the concerns have not been addressed. I would be grateful if the Attorney-General in his reply would try at least to allay the Law Society’s concerns and those that I share with the Law Society. Having said that, we support the bill.
Dr BURNS (Lands and Planning): Madam Speaker, I am pleased to support the Construction Contracts (Security of Payments) Bill. It is a critical step in government’s reforms of the building industry. The package of reforms, and this bill in particular, will bring enormous benefits to subcontractors and employees in the construction industry.
We know that the economy of the Northern Territory is doing particularly well at present, and the latest Sensis report bears that up. Anecdotally, I have confirmed this from talking to many people in the construction industry. They are absolutely flat out so there is a lot of building activity going on.
We are all aware of past years, though, with the collapse of building companies and Di Mella Homes in particular, leaving some subcontractors, all of them small businessmen, in the lurch, some of them $30 000 in the red. For a small business, that is a lot of money. Basically, this is an issue that needed to be addressed because there was an attitude of you-will-get-paid-when-I-am-paid by some of the principal contractors, and sometimes those principal contractors were not getting paid for whatever reason, sometimes they went bust, sometimes there were claims on the property on which the construction was taking place, and it all became very messy.
Another important element is the consultative manner in which this government has approached issues in relation to reform within the construction industry. Later today we will be talking about builder’s licensing and indemnity insurance. That was the subject of discussion in what has become known as the Construction Industry Reference Group, a group I commend for their efforts. They have worked very well over the past year or so. There have been differences of opinion within the group, and with government, but generally there has been an understanding and willingness to talk through the issues confronting the construction industry, and the necessary reforms that are required for the construction industry to move ahead in the Territory. That is what this government is all about: moving the Territory ahead. The Territory is moving ahead under this government in a fantastic way, and we are very proud of that. We will build on that.
Just for the record, I know the minister, in his second reading speech, drew attention to who was on the Construction Industry Reference Group: the Territory Construction Association; Construction Accreditation Limited, or CAL as it is commonly known; the Construction, Forestry, Mining and Energy Union – and they have made a particularly good contribution to the group, and I commend Didge McDonald and Joe Gallagher for their contributions. Much wisdom has come out of this group from partnership with the union. Something this government is proud of is the fact that we listen to the unions. I am proud to say that I have been a unionist for most of my life, and I will continue to be a unionist because I am very proud of it. I come from a family of unionists, but I will not speak about that today.
Mr DUNHAM: A point of order, Madam Speaker! Maybe I am missing something, but I am trying to find the relevance of the minister’s union membership with the bill before us.
Madam SPEAKER: That is a good point. I am sure the minister is going to elaborate on why he has introduced this into the debate.
Dr BURNS: Madam Speaker, I thank the member for his point of order, but I was drawing attention to the fact that this is a government that consults right across an industry sector. We do not exclude unions from our consultation, which, if you talk to unionists, was the practice under the previous government. We enter into constructive dialogue with all segments of the industry. I hope that clarifies it for the member for Drysdale.
Of course, representatives of builders, the Australian Institute of Building Surveyors, the Housing Industry Association, which played a particularly constructive role in these discussions, and the Civil Contractors Association, a relatively new group that were welcomed to the industry reference group.
I also pay due respect and compliments to officers of various agencies that were part of the Industry Reference Group: the Commissioner for Public Employment; the Department of Justice; the Department of Infrastructure, Planning and Environment; the Department of Employment, Education and Training; the Department of Business, Industry and Resource Development; and a member from the Building Practitioners Board and the Building Appeals Board. It was a large group, but it worked very effectively. It was my pleasure, along with other ministers, to attend various meetings of the reference group.
The Construction Contracts (Security of Payment) Bill will ensure a proper payment scheme in accordance with contractual terms between principal construction contractors and their subcontractors, with a rapid adjudication system where disputes arise. The new legislation will streamline payments for subcontractors, and contractual provisions that delay or stop the movement of funds down the contracting chain will be prohibited.
As the minister pointed out, along with this bill is repeal of the Workmen’s Liens Act that dates back to 1893. Under that legislation, often titles would become encumbered by liens and disputes proceeded slowly through the courts. Basically, landowners could be sidelined while there was a dispute between a principal contractor and a subcontractor, and it was all quite elongated and messy. The bill before us today seeks to streamline the processes to ensure that the flow of money according to the contracts that are entered into.
Even if there is a verbal contract, the bill has covered that in that there has been agreement through the industry reference group about what represents a reasonable contract. Those rules will be applied within the adjudication process if there is a dispute. In the event of a dispute, there will be qualified experts who will be registered, and they will be available to adjudicate.
The legislation provides a fair go for all employees in the construction industry, and we believe it is about time, too. The legislation covers mainly civil construction works, however, it will also apply to reclaiming land, installing and removing equipment, supply of goods and services to construction sites, and supply of professional services such as architects and engineers. It will exclude drilling works; that is more in the mining sector. There are some exclusions but it generally applies to the construction sector.
I have already mentioned the practice of people saying: ‘You will get paid when I am paid’, which is a system that can no longer apply. The situation of subcontractors not being paid if the contractor himself has not been paid is no longer on. We are expecting principal contractors to pay their subcontractors. The process has been designed to be simple, cheap and speedy. The most significant element of this legislation, and, indeed, the government’s construction industry reform, as I have said before, is dependent on a very consultative process.
The bill, as the opposition has also acknowledged, enjoys fairly universal support. There is no argument in the industry when it comes to ensuring a fair go for subbies in getting payments that they are rightly owed. There is very little that I can say in addition to what my colleague the Minister for Justice and Attorney-General has already said. I commend this legislation to the House.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, I thank the opposition for their support of this bill; it certainly will create benefits for the industry. You could say that it is like unblocking the arteries; it will allow payments to flow through the industry and protect the interests of those who are often at the end of the payment chain so that we are not seeing some of the injustices that have occurred in the Territory in the past. It also prevents the issues of payment blocking up the issues of ownership of property by the use of liens. Quite rightly, it has fairly wide support within the industry.
Dealing with the one point that the member opposite made about the Law Society’s concerns about the availability of adjudicators: yes, we will watch that very closely. Clearly, we would hope that this will be used very rarely, but if it is used and there is a big collapse and there may be a lot of work needed, we will have to look to see that the process is appropriately resourced and respond if we need to by either sourcing people from interstate or having people trained in the Northern Territory. Generally, I have made undertakings in this House on all legislation I have introduced that we will constantly review its operation and I am prepared to introduce further amendments if necessary.
The second reading speech foreshadows that there will be further legislation introduced in respect of repeal of the Workmen’s Liens Act because there are some processes in that act that we want to reshape against subsequent legislation such as the Uncollected Goods Act. We will introduce an amending bill some time early next year, certainly before this act commences on 1 July. We will have the full package in place before this becomes law. That was foreshadowed in the second reading speech. I will certainly provide information to the opposition and other members as soon as we have settled the contents of the amending bill.
Madam Speaker, with those few comments, we will move on.
Motion agreed to; bill read a second time.
Dr TOYNE (Justice and Attorney-General) (by leave): Madam Speaker, I move that the bill now be read a third time.
Motion agreed to; bill read a third time.
BUILDING AMENDMENT BILL
(Serial 260)
(Serial 260)
Continued from 14 October 2004.
Mr DUNHAM (Drysdale): Madam Speaker, the last bill we discussed was a lift from Western Australia. We have before us another bill that seeks to do things here because it is done elsewhere. In the case of this, there are some very compelling reasons why we should look to register builders. One is that it was a commitment by the Chief Minister, and that is in the second reading speech, that some of the problems of the past would be remedied with a bill of this type; second, there are many people in the building industry calling for it; and third, it may go some way to protecting consumers, which, of course, is the most compelling point of introducing legislation of this type.
The minister, in his second reading speech, talked about the tragedies, and I quote here:
- … names like Pricemaster, Bayview and Di Mella in our recent history immediately come to mind.
So it is his intention, with a legal instrument of this type, to remedy the problems that came from the collapse of those companies that were mentioned. He went on to talk about consumer protection being provided by home builders that are qualified, experienced and competent.
I could point out to the minister that Bayview, Pricemaster and Di Mella were qualified, experienced and competent. In fact, one of the reasons I know that is that one of those companies built my home. Their collapse was for reasons other than their experience, qualification and competence. Therein lies the problem because the industry has called for portability of these registration devices so that they can go to other states, parade their Northern Territory-recognised registration and be automatically accepted in other jurisdictions as having the competence that they require through their own legislation. It has also seen that this legislation will totally get rid of any problems such as befell Pricemaster, Bayview or Di Mella and because of his extensive consultation, everyone will be happy.
Unfortunately, I do not believe that to be the case. Notwithstanding that, the opposition is of a mind that the government should be given the latitude to implement this device. We would have been looking at similar, though different, legislation from a different point of view.
Nonetheless, the minister has said that with the passage of this bill, those problems will be behind us. We think that is a pretty long bow, but we are quite happy for the minister to use that as the basis upon which he will be judged for the efficacy of this legislation.
Builders’ registration is principally a licensing scheme whereby anyone who wants to set up shop can meet certain minimum qualifications to satisfy the consumer. Obviously, this will be contingent on the complexity and variation of the works outlined. The minister has limited the bill. It will not be, for instance, for works under $12 000, they will be excluded; neither will it be for buildings over three storeys or for units. His rationale for this is that under $12 000, there is plenty of small stuff that can be done and he did not want to inject a level of bureaucracy into that. The bigger buildings are big enough to be able to look after themselves through other processes, for instance a court process, and for home owners, they would have to do a little short ticket of a couple of weeks duration. I assume that 101 Home Building would be something like: ‘Are you sure you want to do this?’, because for a home owner-builder, it would give them the facts of life about indemnity, sub-contract law and various other aspects.
If our intention is to ensure that practitioners are appropriately qualified and able to do the work, there is definitely a period with the implementation of this bill where there is a need for some vigilance on behalf of government because essentially, every player out there will get his licence and a look back will take place after a couple of years to see whether they did the right thing.
Essentially, if the government is of the view that there are plenty of pirates out there who need to be kicked out of the industry, and that has certainly been some of the rhetoric that the minister has come up with, he is …
A member: Wrong.
Mr DUNHAM: Wrong? Well, okay, if there are no pirates out there and if industry is going along well, there is no need for a bill of this type. There has certainly been some public commentary about some of the players that are in the game and whether they are competent and capable, and many of them would become below the benchmark set by Pricemaster, Bayview and Di Mella, all of which were collapses.
If that is the case, this grandfathering or this period of transition to a fully registered scheme is a little bit problematic for government because it is going to require people who have those three elements, they are qualified, experienced and competent, but they may not reach the high standards required for registration. Given that this is going to be different from the CAL scheme, the contractor accreditation scheme, it could well inject another level that some of these builders cannot meet.
The other thing that should be pointed out for this government that is very keen to make sure that if something happens elsewhere, it has to happen here is that these acts have had very mixed success in other jurisdictions. Apart from Queensland, which has a very bureaucratic and one could say expensive capacity to look at this, most of the others have had some serious cracks with these legislative regimes and most of them have only been papered over. To assume that you can introduce legislation of this type and that you will never have problems, one only has to visit recent media reports over the last several years from Victoria and New South Wales to see there has been some spectacular problems.
The reality is that while you can have qualified builders and a benchmark to ascertain whether they are qualified, it does not prevent unscrupulous practices or shoddy workmanship. A very well qualified builder can still produce shoddy work and can engage in unscrupulous practices. These are at the foundation of consumer disquiet. You can have someone with a PhD in carpentry who can still produce a building that you are not satisfied with as a consumer.
The remedial action, too, is an issue of concern, and that is having had someone build something that you do not like, the remediation steps have to be spelt out, not only for the consumer, but for the subcontractor and the person responsible who is going to be the person who is certified as the builder. It has to be set out in a way that makes sure that the consumer is not subsidising shoddy workmanship so if there is a muck-up, and if there is a scheme that is going to pay out, and it is an insurance scheme, you have to be very careful that it does not get a hit and run approach to it where some bad builders come to town with bad practices, leave, and then those doing the right thing find that their premiums, and their sinking funds and their practices that have contributed towards remediation work have not been hit to subsidise their competitors that have come and undercut them.
The other thing is that subcontractors are not covered by this, so it would appear that it sits with the bloke who is supervising the work. Most of the word around town, if you talk to builders, is about the bloke with the ute, the dog and the toolbox. That seems to be a big issue; there is a very highly mobile force of subcontractors, highly skilled, often come from elsewhere, but to pursue some of the work that these people have left behind has been very difficult in this place. In other places, where you have had a very stable work force amongst your tradies, it has not been as difficult, but I suggest that up here, we have had a history of it. It is not something that I am objecting to because it is a great thing to get qualified tradies coming to this place. Many of them stay and became successful businessmen, and we know the names of them. Many also are required. So if there are a couple of hundred electricians sitting twiddling their thumbs in New South Wales, we would love them to hop in their utes and come up here. The issue is not the fact that they are mobile; the issue is that there is a uniqueness, sometimes, about Territory circumstances, where it is fairly difficult to borrow from other jurisdictions.
The other thing about registration schemes is that often the problems come because of liquidation, the death of the builder, or an absconding builder. They are issues that do not go to qualification, experience or competence; they go to financial competence or financial misjudgement. There are stock exchange listed companies that have financial problems befall them. It is not an unreasonable thing to expect that a builder could go into liquidation, they could abscond, they could die. They are three factors that often attend upon unsatisfactory work for consumers.
There are definitely issues with remediation regarding insurance products that are available, in terms of how those products would be dispensed. Again I point the minister to interstate examples where, having had the problem, notwithstanding the licensed accreditation of the builder, there has been great difficulty in accessing these schemes to get the final product done. Access to the scheme is also a big issue for consumer confidence. I hope the minister can spell out the fact that all of those links are evident in his proposal.
In summary, it is the government’s call to introduce a scheme of this type. We would not be including elements of this type, neither do we see this debate as the time to spell out where our differences would be. Suffice to say, give it a shot. If the government believes it will clean up all the problems in the industry, they have several months to the next election. We hope and pray that there will not be any problems in the building industry. In the event there are, let us see this thing on foot, let us see how it works and, if we are proven to be wrong, we will be very pleased to be wrong, that a bill of this type has had the effect that it satisfies the Chief Minister’s lofty ambition of making a commitment to provide protection for home buyers. If this protection is flawless, we will readily stand and applaud the government. In the event that it is not, we will do as we always do: review it on a pragmatic basis to make sure we come with something that does.
Mr ELFERINK (Macdonnell): Madam Speaker, I reinforce some of the comments made by the shadow minister in relation to this issue. Basically, this bill attempts to provide consumer protection. That is essentially what this bill is about. It is worthwhile to examine the thrust of the bill and peruse the second reading speech to inquire as to exactly what the government is trying to achieve and what steps they are taking.
I have no intention to oppose this bill, but it is worthwhile to visit some of the elements of it. The flavour of this bill is such that it is trying to provide a wall, if you like, between shonky operators and consumers.
We have seen several building companies roll over and die in the Northern Territory for various reasons; more often not financial reasons. It is my understanding, on a cursory examination of the bill, that the companies that have rolled over and died would, in every likelihood, have qualified as builders under this bill.
The question is: to what degree do you want to try to protect consumers through this sort of regime? What you are trying to do is basically step in and create a licence. I have a licence to drive a motor car. To that end, I have to prove to the Registrar of Motor Vehicles, and, ultimately, the minister himself, that I am capable of driving that motor car. I am then given a licence to drive upon the road for which the taxpayer pays. Similarly, what this bill is trying to achieve is to create a system where there is effectively a licence given to a builder to build.
As we all know, not everyone who obtains a driver’s licence adheres to the law. Quite regularly, we see people breaking the law. The experience in other states, as I understand it, has been that people who have held licences in the building industry have not always upheld the law. We then come to the next question: how deeply do we want to penetrate into the licensing process as a government? If we take the analogy of car licences even further, in other states where they are increasing penetration, if you like, by governments into what people do with their driver’s licences, certainly, the regime of obtaining a driver’s licence in the Northern Territory over the years has become more and more strict. We have seen the offences policed more tightly, and the testing processes are more rigorous than they have ever been.
If you draw that same parallel to the building industry and develop a system of builders’ licensing, you then ask yourself how deeply government is prepared to penetrate to make sure that there are no offences committed. If you examine this bill, it is fairly cursory in its attempt. Basically, there has to be some sort of declaration that there is a certain amount of liquidity in the building company itself; therefore, it is able to protect its assets through a certain amount of liquid cash, and protect consumers by being able to draw on those assets. The process is not entirely clear to me. How that is going to be done? Is there going to be an independent audit of the building company? In that case, before a licence is issued, do the auditors go in and review the books of the company, or is it done by a system of declaration? Ultimately, is it easily possible for a company, depending on the depth of the auditing that goes on, to create a paper wall in front of the auditors to say: ‘Yes, there is certain amount of liquidity there.’? I question how deeply government is prepared to penetrate.
In the second reading speech, the minister talked about schemes elsewhere. In Queensland there is a re-insurance process through the government whereby they give certain guarantees to customers of building companies that there will be a softer fall if the whole thing should fall over. However, the minister said that the government has consistently given assurances that such an insurance scheme will not be commenced until suitable competitive products are readily available in the Northern Territory. What we have is the government saying we are going to develop a licensing process but we are not really going to underwrite it until we can find a product and there is no guarantee as to when that product will be available and what that product will look like.
The government is trying to play a balancing act here. We intrude to a certain degree and we will see how we go. We intrude to a certain degree and hopefully it is not too onerous on the building industry and they will be happy with it and consumers will at least have the sense that they are protected. However, the ability for a government to control private companies is limited and if they try to increase their control of private companies, you have a certain amount of resistance.
My former father-in-law is a painter and decorator and lives near Atherton in Queensland, in Yungaburra. He has to hold something like 20 individual licences to be a painter and decorator over there and he resents that level of penetration into his job. He spends more time answering questions from various government departments than he does on the job site. He finds it an extremely frustrating process and I cannot say I particularly blame him. However, because the Queensland government chooses to pick up a certain amount of liability, their levels of control are much greater than what is being proposed here.
In short, as I said, I do not oppose this. I simply flag some words of caution into the future. If we do go down this path and remove the risk from the customer – and ultimately, the only place that risk can go is to government - then you are going to see greater and greater penetration into the building industry in policing and regulation, and that will lead to some resentment.
The other thing is of course it needs a bureaucracy to police it. Every law that we pass in this place needs someone to police it, otherwise it is not worth the paper it is printed on. Our experience of the pool fencing legislation demonstrated that people who are supposed to apply regulations do so historically quite fastidiously. In the current environment of liability and such things, you know why they tend to do that as well.
Mine are words of caution. I am certainly not standing in the way of this. However, I do feel that the government would want to be mindful of these issues should they be dissatisfied with what they have in front of us now and choose to go down a more rigorous path because they are playing is a balancing act. Ultimately, I not only feel for customers but also the industry itself, which has to service those customers. I would hate to see an environment evolve over time where only the big players can really get a guernsey because the small players are weighed down too heavily by excessive regulation.
Debate suspended until after Question Time.
VISITORS
Madam SPEAKER: We have a number of visitors with us today, honourable members. In the Speaker’s Gallery, accompanied by Ms Joy Kuhl, are students from the University of the Third Age. On behalf of all members, I extend to you a warm welcome.
In the other gallery, we have St John’s College GAP students. The students have finished Year 12 and have yet to start university. These students are Eva Backes from West Germany, Kristin Dietze from East Germany and Christopher Ennis from the United Kingdom accompanied by Ms Geraldine O’Neill. On behalf of all members, I extend to you a warm welcome; it is nice to see you here.
Members: Hear, hear!
BUILDING AMENDMENT BILL
(Serial 260)
(Serial 260)
Continued from earlier this day.
Mr WOOD (Nelson): Madam Speaker, whilst I welcome the general thrust of the bill, especially the home warranty insurance, which is long overdue, I do have some concerns about what is not in the bill. I refer especially to the minister’s words when he talked about the recommendations this government has not agreed to, that the remaining recommendations are generally related to expanding the registration system to include others in the building industries who are not the principal residential building contractor. The minister is saying trade contractors will not have to be registered.
Referring to the second reading speech, the minister said that renovations such as re-roofing, bathroom refurbishment and extensions below a certain amount, that is $12 000 proposed at this stage, will not have to be registered. Minister, you say that the primary issue is consumer protection, but, surely, by exempting trade contractors, you have only protected some consumers? Are not all consumers worth protecting? If I own a house in Casuarina near the sea and the roof is getting a bit rusty and needs replacing, that will surely cost a substantial sum of money. If that roof is put on by a trade contractor who does not need to be licensed for the job, what happens if the roof blows off in a big storm? Who pays if that roof damages a neighbouring house and it was found not to have been constructed to Australian standards? What happens if the trade contractor nicks off with my money before the job is completed? Who then pays? Surely there is a case for trade contractors to be licensed. If I have a tiled roof and I would like to replace it with a metal one, that surely will cost considerable money, but the trade contractor does not have to be licensed; I am not protected.
What about bathroom renovations? Yes, a licensed plumber is required to do some of the work, but what about the tiling? Like the new roof, the tiling could be quite a substantial job, depending on the size of the job or the quality of the tiles. Again, if the job was not done according to Australian standards or the tiles were stuck on with Blu Tack instead of tile cement or the tiler, for whatever reason, was unable to finish the job, the protection of being licensed is not there. The cost of the roofing job and the tiling could still be under $12 000.
Another example: a fairly old house, some of the wooden window frames have been suffering from the effects of weather or borers and need replacing, which sounds like my place. You get a trade contractor or a new apprentice from the window frame company to put in new steel window frames. The cost of the job is under $12 000 so it is exempt from this bill. Three months later, when the windows all fall out or the rain keeps coming through the joints, what happens then? If the trade contractor was registered, the home owner would be covered.
Yes, it is a lot of money to build a home, and there is every good reason to protect the consumer, but when you make arbitrary distinctions between what will not be covered under this legislation, you forget the consumer. For many people, $12 000 is a lot of money. If Mr and Mrs Kerfoops had been saving up for a long time to get enough money for a new roof only to find themselves out of pocket because the trade contractor did a shonky job and the government did not require the contractor to be registered, they are not going to be too happy with the government’s promise that the primary issue was consumer protection.
The question that needs to be asked is: why isn’t the government going to licence trade contractors, and why isn’t it willing to give consumer protection, as they said they will? One can only surmise that the reason could be because all the minister said in his second reading speech is that the target audience is the house builder or the unit owner when they are making substantial investment in property.
The examples I have cited, that is fixing the roof or the bathroom, can equate to a substantial amount of money and for some people who may be trying to pay off that very home, $12 000 of repairs to the house may also be a substantial amount of money. The whole thing is even more strange when you know that the peak body for the construction industry says that trade contractors should be licensed. Obviously, that is one of the 11 recommendations that were not accepted by the government. I would be interested to hear details of the recommendations that were rejected.
None of this really tells us why. With an election coming up, is there reluctance by government to upset some people who are trade contractors whose vote may make a big difference to whether a seat is won or lost? My understanding is that many trade contractors would like to be registered, as this would give them a better standing in the community and the marketplace. If that is not the case, it is difficult to understand why the government has gone down this path. It is difficult to believe that it is not really fair dinkum when it says that the primary issue is consumer protection.
Finally, one other point: recently, there was a story regarding a swimming pool builder who had left a trail of not-so-quality pools in his wake. The government, I believe, missed an opportunity to licence swimming pool and spa installers when it introduced this legislation. Now I am told that a pool is not classified as a construction or a building, and so does not require a licensed person to install it. The cost of a pool or spa is fairly considerable and, in some cases, a pool or spa can be installed in a house, so why not licence pool and spa installers? After hearing about all those people who had their fingers burnt by a shoddy builder, you would have thought the government would have seen this as a great opportunity to fix the problem, especially as the primary issue is consumer protection.
Minister, whilst I support the bill, I believe it is only half a bill. I am sure many consumers and builders will be very interested to know when the rest of the bill will come back to this parliament.
Mr VATSKALIS (Mines and Energy): Madam Speaker, I rise to strongly support the amendments to the legislation introduced by my colleague, the member for Johnston.
We all remember, in the past few years, the headlines in the local newspaper about housing companies collapsing, people left with half-built houses, contractors not paid, and I have a couple of these headlines: ‘Building company collapse puts family out on limb’; that was March 1996. ‘Builder Collapse Leaves Half House’; that was in 1996. Again, ‘Family Appeals to Burke Over Collapse’; a headline in April 2000.
We have seen more and more similar situations of building companies collapsing for various reasons, not only because of bad economic times, but also because builders have absconded or gone into liquidation. The result was that many people were left unpaid and many families left with half finished houses, of course, then having to pay their mortgage and having to pay to finish their house. The legislation is introduced to protect the consumer for non-compliance on the house, non-compliance with existing regulations and on completion of the house. Non-compliance refers to the whole house or a bathroom or renovations or additions or to a roof.
As a person who recently went through the experience of renovating, I can sympathise with the trauma of renovating your house. If things go wrong, you find yourself with an unfinished project that you have to find the money to finish yourself or a finished project that does not comply with the regulations. That is the difference: with compliance, anyone who does any renovations, especially renovations like bathrooms or roofs, has to comply with the existing Australian Standard, with the Building Code of Australia and the existing standard. For example, on a roof, they have to comply with the Cyclone Standard because we live in a cyclone area. With the bathroom, we have to comply with the Building Code of Australia because it is deemed as a wet area. For these projects, you have to employ a building certifier who is going to investigate, inspect and, upon completion, to certify that the completed project complies with all relevant standards.
The previous government had a system where people could insure against non-compliance. Unfortunately, that had a flaw. If the builder who was doing your project did not pay any money into the insurance company, TIO, then you were not insured, as some customers discovered with the saga of the units in Cullen Bay.
What the government is trying to do now is to ensure that the consumer is not going to be left out of pocket with a half-finished house; the consumer is not, for any particular reason, having to find the money to pay the mortgage to the bank and to pay for completion of the house.
Prior to the election, we made a commitment that we would introduce builder registration and home warranty insurance. This was our commitment: builder registration and home warranty insurance. We have fulfilled our promise and we are now introducing the amendments to ensure that builder registration comes into effect.
The previous government, despite calls by the public to introduce a system protecting the consumer, steadfastly refused to do anything. In 1996, Fred Finch, the then minister, formed a committee to examine the issue, but the committee seems not to have reported to government on what could be the appropriate action to be taken to ensure that the consumer is protected. Later, in 2000, the then Minister for Lands, Planning and Environment, Tim Baldwin, said that he was putting together a discussion paper. Four months later, the former minister tabled what he called a discussion paper in the Assembly. The CLP discussion paper suggested that home owners should be required to enter into a contract that provided for home work insurance. The problem is that no insurance company will insure any builder who did not have a form of registration, if the builder was not accredited by any government organisation to say that this person was competent to build a house, that the person was not only technically but also financially competent to complete a house. That was the problem. You could not have home work insurance unless you had a system for registration of builders.
We now intend to provide the amendments to establish that builder registration. There are many competent builders around town, builders who not only build domestic dwellings or additions, but who build blocks of units and public works.
Currently, we have the system in the Territory to assess people who want to do government work: CAL. CAL accreditation is an essential step that we have put in place to ensure that people who say they can build a bridge can deliver that bridge for payment by the public purse. People who say they can build a school are assessed to a certain level, and when they tender for a project, we are pretty confident that they can build a school. For public works, we have a system of accreditation that gives us confidence about what people promise to build, they can deliver on time or within the specified parameters. Of course, if these people fail to deliver, then their accreditation is at stake. Many people value that CAL accreditation and quite a few want to increase the accreditation because it gives them the opportunity to tender for bigger and more profitable government projects.
However, in the domestic market, Joe Bloggs could come here from Queensland where he had a fish and chip shop and made quite a bit of money, and begin a building company in the Northern Territory because there were no checks and balances in place. We have had situations where people came here from other states, opened a shop front and decided they wanted to start building houses. When things were good, things were good for everyone because they could build houses and, sometimes, finance one house with the money from the other. However, when things got bad, we had the domino effect. As my colleague, the Minister for Transport and Infrastructure described before, a number of people had their fingers burnt - not only consumers, but also contractors. Quite a few subcontractors, especially from the northern suburbs, were left with unpaid bills.
I personally know quite a few contractors who lost $30 000, $40 000 and $50 000 from situations like the Di Mella collapse. These people are not rich; they rely upon this money to pay their own bills, their suppliers, their workers and to pay their mortgage and their bills. At the same time, I sympathise very much with consumers who lost their houses. When you want to build a house, you pay all the money up-front to your builder. If things go bad, then you are left with nothing.
I was very interested to hear that the opposition reluctantly supports this legislation. It is very good legislation. I know there have been calls by certain quarters of the construction industry to register every subcontractor. However, as I said before, we made a promise to register the primary builder, the person who has the overall responsibility of delivering a house and all the subcontractors. On some occasions, certain subcontractors are already registered in the Territory, like plumbers and electricians who have to comply with certain standards and have to obtain certain licences to be able to work in their profession.
I was interested to hear the comment by the member for Drysdale about how cumbersome and bureaucratic the system is in Queensland. The system in Queensland registers not only the builder, but every subcontractor and some of them have to have two or three or five registrations, but they want to introduce a very similar registration system in the Territory.
I was interested to listen to the Leader of the Opposition being interviewed on the Greek program recently and advising the interviewer that he had no idea about this legislation because this government was secretive and had not provided any information to the opposition. I was so amazed at that statement that I had to call the station and explain clearly how the system works in Australia; that when government introduces legislation into parliament, that legislation sits on the table, everyone has access to it, the opposition has the right to ask for a briefing, and the government has an obligation to provide a detailed briefing. I checked with my colleague’s ministerial office. No member of the opposition sought a briefing, neither had the Leader of the Opposition. The government was not secretive; the opposition was lazy.
What also amazed me was the fact that he was scaremongering the listeners. He was advocating that something terrible would happen if all the Greeks subcontractors had to be licensed. How can you licence these people when they cannot speak proper English? They have not been educated in Australia; they do not know how to sit down and write an exam paper. He is the same person who advocates, and his party advocates, complete registration of subcontractors and here he is on a Greek program scaring all the Green subcontractors saying: ‘This government wants to licence everyone’. No, this government does not want to licence everyone; this government wants to licence only the primary builder who builds the house.
The government has also taken into consideration the special composition of our construction industry. Yes, there are many people in the construction industry who have not graduated from an Australian school or technical college. Yes, there are quite a few people in Darwin and the Northern Territory for whom English is not their first language. Yes, there are many people with English as a second language, and people who have not been to school or technical college but they can build a house and have been building houses in the Territory for the past 40 or 50 years. That is well-known, and it is relevant given the 30th anniversary of Cyclone Tracy this year, that most of the buildings in this city built after Cyclone Tracy were built by people who have English as a second language.
I am not referring only to Greeks; there are many Chinese, Indonesian and Italian subcontractors. They came from their countries illiterate, trying to find a better fortune, find money to bring up their family, and they work in the construction industry. They are people who had years of practice and can build a house.
We do not want to create a bureaucratic nightmare. We want to make things as simple as possible. The reality is that when I contract a builder and I pay money to him, that builder has the responsibility to employ subcontractors who can perform their job properly. If they cannot, that builder is responsible, and if the builder cannot fulfil his contract then he jeopardises his future registration. This is a call for all builders, building companies and building company directors to comply with the conditions of their contract, and with the rules and regulations in place.
This legislation not only protects the consumer and ensures that the house they pay for will be delivered, it provides protection for subcontractors. By providing a registration system for builders, we ensure that only competent builders who have the ability to construct a house and finish the house are registered.
I commend my colleague, the Minister for Transport and Infrastructure, who introduced this legislation to parliament. I was very proud to be the minister who instigated the process, the minister who convened the Construction Industry Reference Group, the minister who asked members of that group to travel throughout the Territory to liaise with the building industry and consumers. I am very pleased to say that when they came back, their advice was that builder registration was the way to go and probably at the second stage or third stage, we should at look at subcontractor registration.
I know there are differences within the construction industry. The TCA advocates the registration of subcontractors and I was amazed to hear the Leader of the Opposition supports that position, but there he was having an interview on the Greek language program, scaring Greek subcontractors by saying that this government wanted to register all subcontractors. That would cause enormous difficulty with them, especially if they could not read or write English.
This is significant legislation. It is part of the construction industry reform that this government is introducing. Safety of payments was the first step. Registration of builders is the second one. Portable long service leave is the third. I am very proud to be a member of the government which provides these reforms to the construction industry.
Mr HENDERSON (Business and Industry): Madam Speaker, I rise in support of this legislation and concur with my colleague, the Minister for Primary Industry and Fisheries, that this is significant legislation and reform.
It is legislation that has been called for by other TCA and other members of the construction industry in the Northern Territory for many years. It is significant because the greatest investment most Territorians will make will be in their own home. Everyone who is buying their home and who is raising their family has dreams and aspirations encompassed in owning their own home.
As my colleague the Minister for Primary Industry and Fisheries demonstrated with a series of press clips and in the second reading speech by the Minister for Transport and Infrastructure, we had a history and litany of builders going to the wall, leaving subcontractors and, most importantly, ordinary Territorians with huge financial losses as a result. First and foremost, the intention of this legislation is consumer protection. As well as this reform, there has been other significant reform affecting the construction industry: security of payments legislation passed earlier today and portability of long service leave for people working in the construction industry are significant reforms affecting the building industry.
Both of my colleagues, the previous minister and the current minister, initiated the Construction Industry Reference Group that included as broad a spectrum of the construction industry as possible to work with government to try and get consensus on the package of legislation and reform measures that government was looking to introduce in conjunction with industry and, in the case of portability of long service leave, with the construction industry union.
The working group has been very successful. One of the reasons it has taken so long to get this legislation into parliament is because everyone has been working in good faith to try to achieve consensus. I pay credit to all members of that Construction Industry Reference Group. They have worked very hard on this and they put a lot of effort into this group. They have lobbied very effectively to advocate the case for members of various associations and industry. I am not going to use the word ‘concessions’ because they were not concessions, but government has amended many of the positions we originally took when framing this legislation as a result of that consultation process. Madam Speaker, I believe we achieved about 90% of the way to consensus, with the main sticking point being the call from the Territory Construction Association for government to go further and extend the licensing scheme to other areas.
At this time, government has no intention of doing that. This is significant reform in a very major sector, virtually a dominant sector, of our economy at a time when the construction industry, thank goodness, is very busy. We believe that these reforms, with the implementation date of 1 January 2006, are enough to keep everyone busy at the time when the industry is very busy and we have to get it right. We will continue to work with the reference group to progress the detail of the reform agenda and the regulatory environment that will support this legislation.
In all of my time in this House and observing politics in the Northern Territory for nearly 22 years, this is the first time a major industry group is calling on the government to introduce more regulation than the government is mindful to do at a particular point in time. Apart from that, I believe we have consensus in most of the other areas.
The contributions from members opposite, I suppose, is the standard fare. The shadow minister ran his usual rhetoric about importing practices from other states and claiming that is the only motivation for this government, to scour the other states looking for legislation that we can import here. He obviously does not get out enough and talk to the people in the shadow portfolio areas for which he is responsible on behalf of the people of the Northern Territory because we have been working very closely with that Construction Industry Reference Group. If the member for Drysdale had bothered to speak to any one of those representatives, he would know that the reform that we are introducing has the support, apart from the one issue of how extensive the licensing regime is, of industry. It certainly has not been at the whim of government to rush out, find legislation and introduce it in the Northern Territory, but that is what we have come to expect from the shadow minister.
Industry deserves better. There is a very important role in the Westminster system for the opposition to scrutinise legislation on behalf of Territorians to ensure that we pass the best legislation possible in this parliament, and 90% of legislation does go through this parliament in an uncontentious way. However, the responsibility of shadow ministers is to get across the legislation, to understand the detail of it, to consult with stakeholders and constituent groups that the legislation may affect, and to inform themselves of the detail of the legislation and what support it has in the broader community, particularly among the people it affects.
No member of the opposition having a briefing from the department on this significant legislative reform is a total abrogation of their responsibility to scrutinise legislation to the people of the Northern Territory. I am absolutely astounded that legislation that affects many thousands of Territorians has gone totally unscrutinised by the shadow spokesperson and members opposite. The member for Macdonnell stated that he has had a cursory look at the bill. Territorians deserve better, and the Leader of the Opposition certainly should be speaking to his colleagues about their responsibilities as shadow ministers.
Coming to the Leader of the Opposition, I was astounded to hear from my colleague, the member for Casuarina, just a couple of days ago that the Leader of the Opposition, without having had a briefing on this very significant legislative reform, skulks onto Greek radio in Darwin and makes outrageous, scaremongering allegations to a significant part of our construction industry, saying that the government is being secretive about this, that we are looking to impose a licensing regime on all contractors and all trades, that we are going to be forcing people to sit exams, and the fact that English is not their first language is going to see those people at a disadvantage. That was an absolutely outrageous, irresponsible scaremongering slight on many people in our community.
I am sure that members of those peak industry bodies, and certainly they will be advised of the Leader of the Opposition’s tactics, will be absolutely outraged at the misinformation and the scaremongering on which the Leader of the Opposition embarked in this case. It does him no credit. I thought he was a more honourable person than espousing absolutely blatant untruths in scaremongering many people in our community. To do that on the back of no briefings, no understanding of the legislation, no discussions with the people it affects, gives the opposition no credibility whatsoever.
The one thing Territorians deserve is that legislation achieves what it sets out to achieve. The government is not making any claims that no builder is ever going to go bankrupt as a result of this legislation. This is not about any guarantees, but it is about better risk management and consumer protection for first home builders in the Northern Territory. It is certainly not about importing legislation from interstate. It has been done with significant consultation with industry.
I put on the record that, although the construction industry is supportive of builder’s licensing, there are many people in the broader supporting industries, on the supply side of the construction industry, and we have a lot of work to do to communicate to people, who see this as unnecessary. I have had meetings with other representative business groups and representatives of small businesses who see this as red tape which is will add costs to an already expensive industry. Although it is supported by industry, there is a sector of the broader business community that see this as government imposing regulations for the sake of it. I have spent a fair bit of my time talking to people about the requirements for this legislation and the work that we have done with industry groups to try to achieve an outcome that meets the desires of government to see enhanced consumer protection without imposing enormous regulatory costs on individual businesses and, therefore, increased costs to consumers.
In closing, Madam Speaker, I commend both ministers who have carriage of this, and particularly the current Minister for Transport and Infrastructure. I also place on the public record that, in the months ahead, as we go down the path of framing the operational and regulatory environment to support this legislation, as we move to the implementation date next year, we will continue to work in partnership with industry. My door is always open to representation. I commend everyone who has been part of the Construction Industry Reference Group, the minister and the staff from the department who have worked so hard on this. I condemn the opposition for their scaremongering and laziness in scrutinising this legislation.
Dr BURNS (Transport and Infrastructure): Madam Speaker, I will try to deal with the offering that each member contributed in this debate. It is a measure of the importance of this debate that there have been quite a number of speakers from both sides.
The last speaker, the member for Wanguri, really highlighted the significance of this legislation. It has been a long time coming and there has been agitation by many people in industry over a significant amount of time. In opposition, the current Chief Minister highlighted the need for this type of legislation and saw the plight of people who had been left high and dry by builders becoming insolvent or, in some cases, disappearing.
The focus, from our side, has always been on residential buildings. I know there has been much debate about whether it should be extended to commercial buildings, or to all trade contractors. I will try to deal with those issues.
From my perspective, this is the right step at the right time. It is a focussed step. Implementing this legislation once it has been passed is quite a big job that lies before us.
Like the previous speaker, I pay tribute to the Construction Industry Reference Group. When I spoke earlier today about surety of payments for subcontractors, I spoke about the composition of the reference group. I won’t repeat that, but it was a very good group of people from industry, unions and, of course, people from government departments providing advice to the reference group. Generally, the reference group was able to come to a consensus view on a whole range of issues. As I said in my second reading speech, there are some issues on which people differ and, no doubt, will continue to differ, namely the extent of the scheme and whether it should include subcontractors. Given that, I commend the Construction Industry Reference Group.
Going through the speakers, the member for Drysdale raised an important issue, which I understood to be questioning access to insurance and implementation of the scheme. Government has given an undertaking that we are not going to be throwing industry to the wolves. We want to see that the marketplace product is viable, that there is competition in the marketplace and reports that I have received as recently as this week are that in the interstate markets, there have been an increasing number of companies offering this sort of insurance. The outlook is bright for competition in the marketplace, but, as government, we have given an undertaking to industry that we are going to be looking for competition in the marketplace before full implementation of the legislation.
Just one point to correct the member for Drysdale: he mentioned that the legislation does not extend to residential buildings over three storeys. In indemnity insurance, that is certainly the case. Industry asked that only a registered builder could build over three storeys for residential buildings, and we acceded and agreed to that. That was one of the elements that the member for Wanguri talked about when he said government has been quite flexible and tried to incorporate the suggestions of industry wherever possible.
The member for Macdonnell talked about the penetration and extent of the legislation in terms of licensing. He seemed to be arguing against further widening of registration to trade contractors, but I may be mistaken about that. I need to read his speech a little more carefully to get the full meaning of what he was talking about.
The member for Nelson raised quite a few issues. He said the scheme should be expanded in the interests of consumer protection and wanted to know the rationale behind why government was licensing the principal contractor but not extending the regime to trade contractors. I did explain before that it was a commitment by this government in opposition that we would introduce this for residential buildings and principal contractors in the first instance because, looking at the costs of building work that the consumer is exposed to in those building works that need a permit, I am advised by the department that 75% of those works is constituted by people building a home. So this scheme really covers 75% of the exposure, if you like, of people in terms of money they might spend on building.
I have said before that we feel that this is a focussed step at this stage. It is quite a lot of work to register builders. It has been estimated that there are probably 200 residential builders in the Northern Territory who will have to be registered. Some of them have already gone through quite a number of steps by becoming accredited through CAL and many of the measures that will be used in the licensing system are already in place with CAL. We would not want to see that duplicated and if people have been able to show their bona fides through a system like CAL, they are well on the way to being registered. However, there are other builders who may not have gone through that exercise and it will take them some time.
We have also indicated that we would have a generous grandfathering aspect to this bill. In other words, if people are operating as principal builders within the Northern Territory building scene and they have a demonstrated history of completion of works and competence in building, we are not looking at putting obstacles in front of them. As my colleague, the member for Casuarina, said, many of these people come from English as a second language background. We do not see the need to put those people through a lot of hoops at this stage in their career, but new people coming into the industry will have to have the background and prove competence to a certain level. That is fair enough.
The member for Nelson raised the issue that if someone has a roof replaced, they are exposed as a consumer. To a large extent, there is already protection for people like that. Any work that requires a building permit does have some degree of scrutiny involved in it and there is some consumer protection in that. The very fact that there are registered builders around and if people have substantial building works that might not be included in this bill, it is really up to the consumer to search around to find a reputable builder and they can be assured if someone is a registered builder that they can carry out certain works to their satisfaction. That is as far as we are going at this stage. We are focussed on residential builders.
The member for Casuarina highlighted the fact that in the Northern Territory construction industry, there have been a number of companies that have gone belly-up, so to speak, owing consumers and subcontractors quite a lot of money. That is something that this bill seeks to address.
It is my understanding that, yes, the previous government was investigating home warranty insurance, indemnity insurance of building, but they did not want to go down the track of licensing. My understanding is that the insurance industry said you cannot have one without the other; you need to have builders licensed before we will even consider insuring them. The approach of the previous government had not borne fruit and was not likely to bear fruit. The two systems have to work together to be viable.
Madam Speaker, I have tried to cover most of what each speaker said. We have made a commitment; consumer protection is at the heart of it. Some people say we should have gone further, but this is a first step and will lead to a residential building industry to ensure that home builders are qualified, experienced and competent and the compulsory insurance aspect of it, home warranty insurance for non-completion or non-compliance of works will be provided by the insurance industry.
There has been considerable consultation and I have already acknowledged that other people have taken different positions on this legislation. I hope now that they will get behind it and support it and that we can look to the next stage because there are two points to be made. First, industry and the community clearly support regulation of the industry and there have been no demands to maintain the status quo of an unregulated industry. This bill is in keeping with expectations of industry and the community and the direction in which they want government to take them.
We have built a regime that can be expanded. The matters under debate are generally covered by regulations and the government has said on many occasions that it is prepared to review the matter after what has been proposed has been operating for a reasonable period of time. Going from an unregulated industry to a regulated one is no easy exercise. That is what has happened in Tasmania. It took them many years. They tried to register everyone at once and it took them somewhere between five and seven years. We need to introduce change at a pace it can be effectively managed by industry and government. We will continue to listen to what the community and industry are saying and respond in an appropriate manner.
We are committed to a smooth transition to introduce a regime of registration and home warranty insurance. It gives consumer protection to the priority areas. We will continue to work with the Construction Industry Reference Group to develop the necessary regulations. These regulations are crucially important to the success of this legislation and we will be working very closely with industry through the reference group. We have already given that undertaking in respect of the regulations.
I am advised that the Building Practitioners Board will need to be restructured, and transitional arrangements for existing builders, processes for the assessment of applications, staff recruitment, fees and funding, will all need to be addressed. Qualifications will need to be determined, and training and education programs developed. Industry will need to make the required applications, restructure businesses if necessary, undergo any training requirements, and budget for the associated costs. I believe it will be worth it. We will have a comprehensive communication strategy, which is being developed, to ensure the whole building and construction industry and the Territory community is fully informed on the progress of implementation of this significant change in the building industry.
I commend speakers in the debate. We are moving into committee stage with this legislation. I can advise members that most of the amendments are centred around drafting and clarification, and some grammatical corrections. Some of them are purely process-type amendments at this stage.
In closing, once again, I compliment the Construction Industry Reference Group. I particularly commend Mr Gerard Butler who chaired the group. I have only heard positive statements about his role and the way he chaired the group. Thank you very much to Mr Butler. I commend the previous minister, and I have certainly built on his work. I hope I have done justice to what you started, member for Casuarina. Finally, I commend the agency officials, particularly Mr Fabio Finocchiaro, and Mr John Gronow, who have helped me all the way along through the process. Some of these things are very complex, and these gentlemen are very learned about the building and construction industry. I am very appreciative of the support and information they have given me. Sometimes it has been a bit too detailed! I have had to ask some questions and they have schooled me along so that I understand what is being put before parliament, and I commend those two gentlemen for that.
Madam Speaker, I commend the bill to the House.
Motion agreed to; bill read a second time.
In committee:
Clauses 1 to 8, by leave, taken together.
Mr ELFERINK: Mr Chairman, I rise to make a couple of comments in relation to this. They are basically targetted at what the Leader of Government Business had to say when he came traipsing in here and said that we have taken no interest, we do not care, rah, rah, rah in relation to the bill. I reject that outright.
The second point is that he will never let a chance go by to belt up on someone, no matter how unreasonable or how hypocritical he is. A classic example is the last General Business Day when not one member of government sought a briefing for the legislation before the House. They dismissed it in the most cursory fashion without addressing any of the issues. They did not care. They were dismissive of the legislation that was before this House at that point. They certainly did not ask any questions. I have not received an e-mail or telephone call at any point in relation to this legislation ...
Mr HENDERSON: A point of order, Mr Chairman!
Mr Elferink: Typical of him, he wants to sit us down and shut us up!
Mr CHAIRMAN: Order! What is your point of order?
Mr HENDERSON: Mr Chairman, we are in the committee stage of the legislation where the opposition or any member of this House has the ability to ask questions regarding various clauses in the bill. This is an interesting debate and the member has an opportunity in the third reading debate to respond to the comments I made in the second reading. However, the committee stage of debate is to be confined to the clauses of the legislation, not observations on the second reading speeches of other members. I urge you to ask the member to confine his comments to the clauses of the bill.
Mr Elferink: Don’t want to hear it, do you?
Mr CHAIRMAN: Order! There is a point of order. My advice to the member for Macdonnell is that you will have a chance in the third reading speech to raise some of those issues you are raising now. Presently, we should confine ourselves to the clauses.
Mr ELFERINK: In that case, I will wait for the third reading. The member will be on notice about it.
Mr Henderson: Good!
Clauses 1 to 8 agreed to.
Clause 9:
Dr BURNS: Mr Chairman, I move amendment 91.1. Proposed subsection (2) is amended to correct a grammatical error, where ‘carried out’ is substituted for ‘carried’.
Amendment agreed to.
Clause 9, as amended, agreed to.
Clauses 10 and 11, by leave, taken together and agreed to.
Clause 12:
Dr BURNS: Mr Chairman, I move amendment 91.2. A new section 24FA is added after the proposed section 24F. It relates to practitioners and provides the option for the Building Practitioners Board to use accreditation agencies to assess applicants for registration or renewal of registration as building practitioners. Before such an option is implemented by regulation, government would need to be satisfied that it was appropriate after consultation with industry. This amendment simply allows this possibility.
Mr ELFERINK: A straightforward question to the minister, Mr Chairman. At what point did he realise that this omission and mistake had been made?
Dr BURNS: I cannot give a definite time or day, but it was in the intervening period between the second reading speech during the last sittings and today. As I said in my wrap-up, member for Macdonnell, it may very well be that there can be some recognition of accreditation that builders already have. Contractor Accreditation Limited is an example, for instance; it is a body that looks at many aspects that would be considered in builders’ registration. So rather than have a system that doubles up, it may very well be that different organisations, with the permission of the builder, give advice about these aspects. In other words, this is simply allowing the capacity to do that and attempting to streamline the process.
Mr ELFERINK: When did the minister become aware of the need for these amendments? When were you told? You do not need to be told when you were told.
Dr BURNS: I am advised by my departmental officers, member for Macdonnell, that they have been aware of this. This is simply giving a legal force or capacity to carry this out. The amendment itself, I think, was handed to me late last week. I was aware that departmental officers had been working on it for some time. I should also point out, member for Macdonnell, that this issue had been subject of discussion within the Construction Industry Reference Group, so it is not something that has popped out of the box, so to speak. It has been discussed at length within the reference group and industry is aware of what it is about.
Mr ELFERINK: Mr Chairman, the reason I raised the issue and asked the minister the question is simply that had I followed the Leader of Government Business’ advice, even if I had sought a briefing until late last week, it would not have been available to me in an updated form. So get your act together.
Amendment agreed to.
Clause 12, as amended, agreed to.
Clause 13 agreed to.
Clause 14:
Dr BURNS: Mr Chairman, I move amendment 91.3 to omit and replace paragraphs. The proposed paragraphs (a) and (b) of section 25A(1) are omitted and replaced by paragraphs (a), (b) and (c).
Paragraphs (a) and (b) are redrafted to improve previous drafting and refer to the non-renewal of registration as well as cancellation or suspension. Paragraph (c) is new and rectifies a previous drafting omission in that at least one director or company nominee referred to in (a) or (b) must reside in the Territory.
Amendment agreed to.
Dr BURNS: Mr Chairman, I move amendment 91.4, which omits paragraphs (a) and (b) of proposed section 25A(2) and substitutes new paragraphs (a), (b) and (c).
These amendments are for the same reason as the amendments to subsection (1) in the previous amendment. The previous amendments, I omitted to say, relate to a company, whereas this amendment deals with just one nominee or director.
Amendment agreed to.
Clause 14, as amended, agreed to.
Clause 15 agreed to.
Proposed new clause 15A:
Dr BURNS: Mr Chairman, I move amendment 91.5 relating to clause 15A, repeal and substitution of section 40. A new clause 15A is inserted in the bill. This repeals and replaces section 40 of the principal act.
It provides that a building certifier or director may rely on a certificate. The existing section 40 allows a building certifier to rely on certification provided by another practitioner such as an engineer when certifying building work. The new section 40 provides for the same and, in addition, that the certifier may rely on an inspection certificate provided by another building certifier. This enables a certifier to engage another certifier to inspect building work on his or her behalf. It is merely streamlining the situation by adding a part that allows one certifier to engage another certifier to inspect a particular work and rely on the report of that certifier.
Proposed new clause 15A agreed to.
Clause 16:
Dr BURNS: Mr Chairman, I move amendment 91.6 to omit a subsection. Subsection (2) of proposed section 48C is omitted. Subsection (3) will be consequently re-numbered as (2). Subsection (2) provides a penalty for making a false statement in a declaration referred to in subsection (1), however, the declaration is made under section 69(1) and the penalty provision properly belongs to that section. This is cleaning up the drafting, in essence, Mr Chairman.
Amendment agreed to.
Dr BURNS: Mr Chairman, I move amendment 91.7. I should point out, before I speak to this amendment, that government had given an undertaking to industry and the reference group to introduce this legislation by the end of the year. I commend the parliamentary drafters for working very hard and getting quite complicated and complex legislation before this House. I ask that members are cognisant of that. I forgot to commend Parliamentary Counsel at the end of my closing in reply.
This amendment deals with clause 16 and omits subsection (2) of proposed section 48G. The reason for the amendment is the same as for the preceding amendment.
Amendment agreed to.
Dr BURNS: I move amendment 91.8, which deals with clause 16 and omits and substitutes words. Subsection (2)(a) of the proposed section 48K is amended to correct a grammatical error and ‘carried out’ is substituted for ‘carry’.
Amendment agreed to.
Clause 16, as amended, agreed to.
Clause 17 agreed to.
Clause 18:
Dr BURNS: Mr Chairman, I move amendment 91.9. The amendment is to correct a previous drafting omission. Proposed section 59(1B) of the principal act should also apply to an owner-builder and the words ‘or owner-builder’ are to be added.
Amendment agreed to.
Clause 18, as amended, agreed to.
Clauses 19 and 20, by leave, taken together and agreed to.
Clause 21:
Dr BURNS: Mr Chairman, I move amendment 91.10, which omits and substitutes words. The amendment is to correct drafting. Proposed section 62(1) of the principal act is amended by omitting words in the future tense and substituting words in the present tense as required in the context.
Amendment agreed to.
Clause 21, as amended, agreed to.
Clause 22:
Dr BURNS: Mr Chairman, I move amendment 91.11, which adds words. The proposed section 63(5) of the principal act is amended by the addition of words. The intention is to require a building certifier to issue an inspection certificate in relation to the inspection of building work only on being satisfied that the work complies with the building regulations. More than one inspection may be undertaken in respect of a stage of construction before the certifier is satisfied that deficiencies have been rectified. Paperwork for the earlier inspection should not be required.
Clause 22, as amended, agreed to.
Clause 23 agreed to.
Clause 24:
Dr BURNS: Mr Chairman, I move amendment 91.12, which inserts a subsection. Clause 24, which amends section 69 of the principal act, is amended to include a new subsection (3) in section 69. Proposed section 69(3) provides a penalty for making a false statement in a declaration made under section 69(1). Simply put, a building certifier may not issue an occupancy permit unless the builder has made a declaration under section 69 that the work has been carried out in accordance with the building permit.
Clause 24, as amended, agreed to.
Clause 25:
Dr BURNS: Mr Chairman, I move amendment 91.13 to insert clause 25A, Building suitable for occupation. A new clause 25A is inserted in the bill. This amends section 70 of the principal act to specify that a building certifier may not issue an occupancy permit unless the building complies with the building regulations as well as being suitable for occupation.
Clause 25, as amended, agreed to.
Clause 26:
Dr BURNS: Mr Chairman, I move amendments 91.14 and 91.15, which omit and substitute words. These are technical drafting corrections only. Clause 26 amends section 71 of the principal act by inserting new paragraphs (aa) and (ab), and corrects the conjunctive ‘and’ at the beginning of existing paragraph (a). These amendments together rectify that.
Clause 26, as amended, agreed to.
Clause 27 agreed to.
Clause 28:
Dr BURNS: Mr Chairman, I move amendment 91.16, which adds words. This is a drafting refinement only. Section 130A(2), inserted in the principal act by clause 28, specifies a building appeal must be commenced within 28 days after the date notice was given of the relevant decision. Section 130A(2) is amended to clarify that an appeal must, as well as being on the approved form, be lodged with the Building Appeals Board before it is regarded as commenced. In other words, there are 28 days and the appeal must be lodged on the approved form with the Building Appeals Board within that period.
Amendment agreed to.
Clause 28, as amended, agreed to.
Clauses 29 and 30, by leave, taken together and agreed to.
Clause 31:
Dr BURNS: Mr Chairman, we are on the home stretch now. I move amendment 91.17, which adds words. This is a drafting refinement only. Words are added to the proposed section 177 to take account of the probability that section 61 referred to in that section is intended to be repealed at the same time that Part 4C, also referred to, is commenced.
Amendment agreed to.
Dr BURNS: Mr Chairman, this is the last amendment. I move amendment 91.18 to omit and substitute a paragraph. This is a drafting refinement only; the intent of the section is not changed.
Amendment agreed to.
Clause 31, as amended, agreed to.
Remainder of the bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Bill reported; report adopted.
Dr BURNS (Transport and Infrastructure): Mr Acting Deputy Speaker, I move that the bill be now read a third time.
Mr ELFERINK (Macdonnell): Mr Acting Deputy Speaker, the Leader of Government Business quite rightly pulled me up a little earlier in relation to the propriety of me making criticisms during the committee stage.
However, the criticism still stands. The Leader of Government Business takes it upon himself to come into this Chamber and lecture members of the opposition on how they should approach their job and, frankly, considering the raft of amendments attached to this bill, a 25-page bill with five pages of amendments, or should I say 18 required amendments, demonstrates that the minister was unprepared.
As the Leader of Government Business, it is much more his job to lead government business and make sure that ministers are across their legislation before they introduce it in this House. It is his job to lecture members opposite as to how they should pursue theirs.
The Leader of Government Business said if you criticise a bill too much, you are being churlish, obstructive and you do not support this or that. He went on the attack that way. If, however, you actually agree with government legislation or say you will not oppose it, you are being lazy. You are damned if you do and damned if you don’t under this minister. What it really demonstrates is that he takes every opportunity he can to score a political point, rather than using this as a House of debate to pursue legislative outcomes. That really is the thrust of the Leader of Government Business. He revels and delights in what he perceives to be shortcomings in members opposite, and remains utterly blind to the shortcomings of legislation introduced by government ministers.
I turn to the second reading speech and there is my briefing. It should be the most comprehensive briefing given to any member in this place. There was nothing particularly confusing or strange about the second reading speech. It was written in plain English and it was comprehensive enough to describe the intent of the bill. It reflected the intent of the bill. Why do I need a briefing beyond that? Does the Leader of Government Business seriously expect me to believe that I need extra briefings because the minister was incapable of producing a second reading speech that made his bill understandable? There was no shortcoming in the minister’s second reading speech. However, as is clearly demonstrated by the raft of amendments of which he became aware late last week, there were shortcomings in the bill that were not covered by the second reading speech. It would not have mattered if I had sought a briefing because the minister was not capable of getting himself across the bill in its entirety until late last week.
Nothing the minister has introduced has demonstrated a change in the government’s position, which is why it has not been particularly opposed, but for the Leader of Government Business to criticise us when, frankly, and dare I say it, this is another area where I might get criticised, the bill itself is a dog’s breakfast. It is just not good enough. If excessive criticism is brought to a bill, the next thing we know we are facing letters from the CEO of the Department of Justice complaining about criticisms of public servants. This minister is trying to position the opposition into a place where we cannot criticise a bill because we are criticising a public servant. If we do criticise a bill, we are being excessively critical of it and if we do not criticise a bill, we are being lazy.
Frankly, the thrust of this from the Leader of Government Business is simply to bludgeon the opposition into a position where he thinks he can scare us off from doing our job. We will do our job and we will do it effectively, a damn sight more effectively I have say, than the minister has in this case with the number of amendments that he has brought to the House today, amendments of which he became aware late last week.
Mr Acting Deputy Speaker, I will not be bludgeoned by the Leader of Government Business. He can whinge and carp as much as he likes about the way the opposition does or does not do its job; but I would suggest that the Leader of Government Business puts his own house in order first.
Motion agreed to; bill read a third time.
GENE TECHNOLOGY (NORTHERN TERRITORY) BILL
(Serial 249)
(Serial 249)
Continued from 13 October 2004.
Mrs MILLER (Katherine): Mr Acting Deputy Speaker, any time gene technology comes up in conversation in the public domain, it stimulates heated debate, and it highlights the lack of knowledge of gene technology by most people, and the balance of benefits and disadvantages of gene technology. This legislation will allow the Northern Territory to adopt the uniform national approach for the regulation of genetically modified organisms. I am sure this will be scrutinised by the many people who have strong opinions about gene technology.
At this stage, the only genetically modified crop that we have in the Territory is cotton, which has been the subject of much discussion over the last couple of years, and I have no doubt that it will continue to be so. We have a cotton trial going on in Katherine, as has been mentioned previously in this House. The CLP supports cotton trials and encourages sound scientific reports of these extensive trials. I have read with interest the member for Nelson’s comments and the research he has done on cotton trials. We need to continue to observe and to take stock of what is happening scientifically.
The opposition supports this bill. We have no doubt that the bill will be referred to many times in the future.
Mr WOOD (Nelson): Mr Acting Deputy Speaker, I have a few comments on this bill. I could not resist the opportunity. It seems a bit hypocritical of the government to introduce this bill, even though it is important legislation, especially when you hear the rhetoric coming from the government as it talks in riddles and circles and delves into fits of fantasy when dealing with the issue of GM cotton. After all, the government’s speech about GM cotton used no scientific evidence whatsoever, and to then talk about the role of the Gene Technology Bill and the Office of the Gene Technology Regulator makes me laugh. When the government says no to GM cotton after receiving a report in March from the CSIRO which says it is a safe crop to grow in the north of Australia, and after the Office of Gene Technology has given approval for GM cotton to be grown in trials in Katherine, you have to wonder.
We know the reasons for the government’s objections to cotton are political because the government has never debated the issue of GM cotton using scientific reasoning. The reason it has not done that is because it has none; it has only political reasons. This can be no more demonstrated by the fact that the Labor government of Western Australia is to allow the same GM cotton to be grown on its side of the border in Ord River Stage 2 when, just across an invisible state-territory line, you won’t be allowed to: absolutely brilliant logic, and no science there. It reminds me of other brilliant government decision-making, such as the three different sized railway gauges across our states from which we still suffer.
Yes, minister, you may introduce this nice sounding and important national legislation, but is it really necessary? After all, we do not need this legislation to control gene technology; we already have political technology legislation in place.
Mr KIELY (Sanderson): Mr Acting Deputy Speaker, I rise in support of the Gene Technology Bill. The member for Nelson is right when he talks about the emotion evinced by gene technology, and that is what he contributed: emotion. This bill is not about the introduction of cotton crops to the Territory. It is all about coming into line with the Commonwealth and other jurisdictions as per the agreement in 2000.
Perhaps if the member for Nelson cared to get his head out of the political mire he seems to have it stuck in and have a look at the Explanatory Guide to the Commonwealth Gene Technology Bill 2000, freely available on the web, he would understand what this bill is about.
In the future, there will be a debate about gene technology, but that is not what this bill is about. If he wants to get up and grandstand about gene technology and he wants to grandstand about cotton trials in Katherine and what it means, that is fine …
Mr Wood interjecting.
Mr ACTING DEPUTY SPEAKER: Order!
Mr KIELY: … but let us keep it in the context of the proper bill. No one is denying him the right to debate. No one is denying him the right to free speech. What we are saying is that is not the bill before us. Sure, go ahead and have your little spray about cotton, but it has nothing to do with this bill.
Mr Wood interjecting.
Mr KIELY: That is what it is all about. It is right here in the explanatory guide. Have a look. It is all there. It tells you why this bill is before us. It says, at chapter 8, Model State Legislation:
- As referenced through the guide, the Commonwealth Gene Technology Bill 2000 is only one component
of the national scheme for gene technology. Each state and territory will also enact legislation that is
essentially the same as Commonwealth legislation.
So you see: we have all these mechanisms in place across the Commonwealth. We are getting all the states to line up so that we have it right all the way across because gene technology is an emotive and an unknown area.
The member for Nelson said Western Australia is doing this and that. Good on them. Tasmania is not, New South Wales is not, Queensland is not.
Mr Wood interjecting.
Mr KIELY: No, no, no. Let me say this about Tasmania: no one knows where gene technology is taking us. Now, he talked about cotton and he said there is no science about it. The trials are not conclusive. We do not know the full facts of whether anything from cotton can get into the food chain. What happens if we get a flood on the cotton farm? Do we know what will happen? No.
Mr Wood interjecting.
Mr KIELY: No, no we do not. There you go! Fairy tales, because there is no science to say it will happen and there is no science to say it won’t happen. What we are saying is that we would like to get the facts and the science. So, member for Nelson, you can parrot on about cotton being great, but we do not have the science to say what is happening. We care for the green image of the Territory, as do Tasmania, New South Wales and Queensland. We will wait.
The other issue is that there is no application before the Gene Technology Regulator to do a controlled release in the Territory. It is all hyperbole. It is all: ‘Let me get on to my hobby horse here and talk about this’. You cannot have your environmental cake and eat it, member for Nelson. You cannot say: ‘I am for the environment. I will protect Majors Creek. I will watch the clean, green image of the Territory’, and then get on this other hobby horse.
There are things coming out of these trials, such as more effective and efficient ways for water release and conservation and grey cropping, and that is good. Let us not chuck the baby out with the bath water. However, there is no proof, there is no science yet to say that all gene technologies and modifications are safe. Let us just wait until we get the science on the table. Let us not be emotive about this, and let us not try to roll in emotion on what is an agreement reached back in 2000.
Member for Nelson, I will happily, as it is pretty clear that you have not had a look and researched it, give you the explanatory guide. I do not think there is a need to table it; it is on the web. I can give you this and I can give you information on how Tasmania handled GM. In Tasmania, they have not introduced legislation about growing cotton. Why? Cotton will not grow there; simple as that. We do not have anything before us to say that GM cotton will be grown in the Territory, so I am not going to be dragged into a debate on that. When the time comes, we will have that debate, member for Nelson. Right now, you can grandstand about it, but the fact is that it is not there, so let us stick with the legislation which is before us, which is all about aligning the states and the Commonwealth pursuant to a previous agreement.
I will not go in to the whole scope of the Commonwealth agreement because it is all there on the net. I do not think there is any need to read it into Hansard; you can go to the web site of the Office of Gene Technology.
Let us concentrate on the bill before us. Let us not get caught up in the trial issue by the release of genetically modified organisms into the environment because that is not what this bill is about. That debate will occur in the future.
Mr Wood: Yes, it is! That is exactly what it is about.
Mr KIELY: No, no, no.
Mr Wood: Read the second reading speech!
Mr KIELY: No. You are trying to rope in cotton, getting on your hobby horse, trying to get some free points. It will not work. Let us stick to the bill before us and get on with the job.
Mr VATSKALIS (Primary Industry and Fisheries): Mr Acting Deputy Speaker, I agree absolutely with the member for Katherine. Every time you mention the words ‘gene technology’, immediately you start a debate about the pros and cons of gene technology and we end up talking about cotton. She was right: this is not about introduction of genetically modified cotton or any other crop in the Territory. This is only part of the process that has been agreed by the Commonwealth, states and territories on how to bring Commonwealth, states and territories’ legislation into line. All of the legislation will be the same so we are not going to have different legislation in Western Australia, the Northern Territory or in New South Wales. It has nothing to do with cotton.
The member for Katherine said the CLP supports the cotton trials in Katherine. So does the Labor government. We are not only learning about cotton, we are learning about other things like irrigation and methods of cultivation, which can be extrapolated to other crops. If the Western Australians want to introduce genetically modified cotton in Western Australia, so be it. It is their state. They make the legislation, it is their right. I should remind you that there is a very strong element that opposes the introduction of GM cotton in the Ord River and that is getting more vocal by the minute.
This, however, has nothing to do with the introduction or not of any genetically modified material in the Territory. It is legislation to streamline our legislation with the legislation of the Commonwealth and the other states. When you look at the legislation, clause 6(1) says that Commonwealth gene technology laws, as enforced from time to time and as modified by or under this act, apply as a law of the Territory. That is what it is all about. The Commonwealth legislation will be exactly the same and will apply to the Territory, and our legislation will be the same as the other states and territories.
As to who is allowed to cultivate GM cotton in the territory or state jurisdictions, that is their business. However, again, the Gene Technology Regulator allows the release of GM cotton in different jurisdictions for trials only, but also gives the right to every state or territory to ban the cultivation and production of GM cotton in their jurisdiction or to declare a moratorium. That is exactly what New South Wales has done recently: put a moratorium on commercial production of GM cotton in that area.
The member for Nelson argued that we do not have any scientific evidence to ban GM cotton in the Territory. New South Wales has cultivated GM cotton for a number of years, and they have taken a step to prohibit the commercial production of GM cotton. The position of our government on GM cotton is clear. We have made repeated statements in parliament. However, this bill is not about GM cotton; this is about streamlining our legislation with other jurisdictions in Australia.
Motion agreed to; bill read a second time.
Mr VATSKALIS (Primary Industry and Fisheries)(by leave): Mr Acting Deputy Speaker, move that the bill be now read a third time.
Mr WOOD (Nelson): Mr Acting Deputy Speaker, I would like to make a couple of quick comments. I understand that the bill seeks to comply with uniform legislation about gene technology and that is very good. My comments today were based on the comments of the minister in the second reading speech in which he referred to cotton growing in the Northern Territory.
I am not a carte blanche supporter of genetic modification. There are so many types of genetic modifications that to say that one is the same as the other demonstrates a lack of understanding of the issue. In fact, genetic modification of cotton relates to a bacteria that is placed in the plant. It is the same bacteria, as I have said before, that you can buy in a packet of Dipel at your local hardware store and spray on your tomatoes.
It is unfair to say that just because I have a belief that some genetic modification of plants will possibly have benefits in a sustainable agricultural economy means that I support GM across the board. That is the last thing I would say. We have to be very careful with genetic modification; it is important that we do. I woke up this morning listening to News Radio and heard a report from England where they have been doing quite a bit of work on GM sugar beet, and looking at resistance to weeds. They reported that, so far, the trials have had no detriment on the environment.
These issues will continue to be raised by the public; they are important decisions. However, I do not believe that we should just hide behind the issue of whether something is necessarily popular or emotive. We have many people in our community in places like the Katherine Research Station who are qualified to deal with crops, have studied crop husbandry, and they do not want to see anything that would cause a disruption or detriment to the environment. They have done a lot of work in areas like the Katherine trials.
At the last sitting of parliament, I presented the findings of the Katherine trials, which, for some reason, did not seem to have been distributed publicly, although they had been released in March. The report showed that there were certainly some advantages in growing genetically modified cotton. That is not to say that we should not have concerns, but what am saying is that if we go down this path, we should tread it wisely. We should use the knowledge we have. We should not necessarily be so scared of it that we are not going to poke our heads above the water.
The debate certainly can become quite heated and controversial, as member for Katherine said. But part of the reason that happens is because if you have a government that has said from day one, regardless of the outcome of our trials, we will not grow cotton, then you have a government that is not going to show a bias by promoting the results of its own trials to people because that will be against the very thing they are trying to stop. All I am hoping is that this debate can be opened up so people will be able to debate it, which is very good, with sound reasoning and knowledge.
I was just looking through the Hansard from the last sittings. I did not see the sound science or reasoning. I heard a lot of emotion and political rhetoric. That is what annoys me. If we are to have a sustainable agricultural economy, we should be looking at all the ways possible to do that.
If we can grow crops without spraying, surely that is better than growing crops with spraying. If we can do that through genetic modification that we can prove will not be a detriment to the environment, why aren’t we looking at that? I am not trying to go down as the great pusher of GM, but I am saying in certain cases – as is the case with cotton – it is a possibility. I am told that this year in Queensland and New South Wales, the amount of GM cotton that will grown will be probably 60% of Bolguard II. They have increased the amount of GM cotton because they see the advantages. It is highly regulated, and that is what I would expect it to be, but it has the potential to reduce the amount of insecticides we are putting into the environment. There are some promising moves in this area that we should look at carefully.
So when I say that I find the government a little bit hypocritical, it is because the government says all these great things about gene technology, but in its heart, it does not really believe it. That is why I felt that I had to say what I did. The government now supports good legislation that will protect the health and safety of people and protect the environment by identifying risks. That is right. We set the trials in Katherine to do exactly that. We have the Office of Gene Technology to make sure that those things will not get out of hand. We have all that information. No matter how much information we have, we say we are not going to grow it, which is a bit hypocritical. We support the systems to make sure it will not affect the environment and, on the other hand, we say that regardless of the trial results, we do not want to do it.
That is why I feel that the minister’s statement on this is hypocritical. I have counteracted by making a cynical response. We have to keep our minds open to this technology. We need to make sure that we do not do anything silly, but if we are to progress as a society, we have to take some risks. Those risks should only be taken with knowledge and wisdom, but we certainly should not be going in the other direction where we just put our heads in the sand and say: ‘No go’.
I support the legislation, as I said, Mr Acting Deputy Speaker, but I find it hard to swallow when it comes from the minister who opposes this type of development in our agricultural economy.
Motion agreed to; bill read a third time.
MOTION
Note Paper - Treasurer’s Annual Financial Report, 30 June 2004
Note Paper - Treasurer’s Annual Financial Report, 30 June 2004
Continued from 14 October 2004
Dr LIM (Greatorex): Mr Acting Deputy Speaker, I rise to respond to the Treasurer’s Annual Financial Report, which was tabled in October. Interestingly, I spoke with the Treasurer only this morning as to whether this topic would come on today and was assured that it would be on Wednesday. It shows you what sort of government this is; they cannot manage the business of parliament properly. This government does not know how to set up its own agenda.
Anyway, we will proceed with our response to the TAFR without further delay. Reading through the Treasurer’s Annual Financial Report and comparing it with previous documents, while it is well set out now and is easy to compare with previous years because of the way it has been presented, which makes comparison much easier than previously, it shows clearly that this government is awash with money, without a doubt, that has been invested and is earning interest. I will come back to that.
Despite the largesse from the Commonwealth government, this government has done very little with it. It is a government without direction, without planning. In fact, many people have commented that it is government by accident, development by accident and they take all the credit for what has happened around the Territory. Bootu Creek has happened. Terrific! Then they look at something else that has happened and that is terrific. Alcan has happened. That is terrific. They put a claim on it as if it were their project. You could hardly say it is their project. What have they done towards even making sure that the economic environment is there, that these projects can go ahead and survive?
First, let us look at the government forecasts made in various budgets over the last three years. It has forecast annual growth of something like 5% or 6% each year, and yet we know that, come the end of the year, we have had only zero or negative growth or 0.5%, well below what they have forecast.
How, then, do you plan a budget for growth when your forecasts are always way off the mark? You have problems with population growth or population decline would be the way I would put it; the population in the Territory has continued to shrink until the last six months or so. In the last six months, the population growth has been primarily due to what? To births! This increase in numbers will not contribute in any gainful manner to the Territory for at least the next 15 to 16 years.
When you look at employment, it continues to lag well behind the country. Where this government should be promoting employment and population growth, it has been presiding over continuing shrinkage of population in the Territory and opportunities for employment in the Territory. When you talk about closures of shops and offices in the CBDs of Darwin and Alice Springs, this government completely ignores them. When you tell them that they should not be creating a commercial centre away from the CBD, they tell us that we are anti-development. We are saying that it is important to ensure that businesses survive well in the Territory and you do that by creating an environment in the Territory that will allow these people to do business.
Every year, we spend something like $2.5bn. That sort of money should be spent by government to create an environment where every business will prosper, where people will have confidence in the Territory, where they are prepared to buy a new car, extend their work shed, employ more people. That is what the government should be doing. I do not know what they do with the money. If you look at the interest revenue from central holdings that this government has reported in the budgets over various years, in 2001-02 it was $9m; in 2002-03 it was $12.9m; in 2003-04 it was estimated to be $13.8m. What did it get in reality? $30.4m. This is interest revenue, I remind you, and for this financial year, 2004-05, it is anticipated to be $23.3m. $30m interest last financial year, and $23.3m this financial year. To have that sort of interest coming from a bank, you have to have a lot of money sitting in the bank.
The question has to be asked: has the government put away a whole lot of GST money in some hollow log in a bank somewhere and is receiving interest? You have to ask the question because that is the money being reported in the budget each year. When you go back to the 2003-04 interest revenue, they estimated only $13.8m and they received, in reality, $30.4m. That is double the amount in interest alone!
You have to wonder how much capital has been harvested by this government, put away, and then suddenly, over these last few months, seeing it being poured out, as if everyone is having Christmas presents a lot earlier than Christmas day.
When you look at what the government says about where the money has come from, it has a cash surplus of $36m, $60m of improvement on the original budget for 2003-04. It says a lot of that comes from increased GST revenue of some $88.7m. We have been saying that GST has been the greatest windfall that this government has ever had. It is coming in volumes akin to what it was like when money was coming from the federal government to the Northern Territory just after self-government. At that time, the CLP government used the money effectively, put down infrastructure, created employment, and that generated population growth in the Territory. This government has not done that. Instead, they put it away, stash it away, so that they can spend up big just before the election. They have had higher than expected dividends and taxation revenue from all the businesses in town. That has to tell you that maybe this government is one of the highest taxing governments that the Territory has ever had.
Mr Henderson: No, it is not!
Dr LIM: It is. Your tax …
Mr Henderson: Lowest taxing jurisdiction for business in Australia.
Dr LIM: I pick up on that interjection from the Leader of Government Business. He says that this is the lowest taxing jurisdiction in the country. This government keeps saying, year in year out, that we are the lowest taxing government in the nation with the hidden message that we have lots of room to move, and we will now start to knock up the taxes even higher than what they have been in the last three years. When they talk about being the lowest taxing jurisdiction in the nation, they talk about our tax effort, which is not as good as the rest of the states, and we have to increase our tax effort. What does that mean? Yes, this government is going to tax Territorians even more than what they have done already.
What this government really needs to look at in tax effort is that, out of the 200 000 people living in the Territory, are we all paying taxes, or are only a few of us paying taxes at such a high rate that we are in fact generating 90% of the tax effort for the whole of the Territory? This government has to come to terms with the fact that they are the highest taxing government the Territory has ever experienced. It is time to put a hold on it and ensure that the Territorian lifestyle is protected, and let Territorians decide how they are going to spend the money. It is not for this government to dip their hands in their pocket, ripping money out of Territorians, and stashing it away for a rainy day so that they can do something positive for their own political gain.
The TAFR dealt with Commonwealth funding to the Territory, which constitutes about 80% of total Territory revenue, as though we should be apologising for that. If you look back over the development of Australia, the eastern states have all had some 200 years of development and, until about 50 or even 30 years ago, we never talked about cost benefits. The Commonwealth and states would put in funding to build infrastructure at public cost. It has only been within the last 20 years or so that we have had this terminology ‘cost benefit’. Now, everything has to be justified.
When money was being spent in New South Wales, Queensland, Victoria, South Australia, Western Australia, no money was spent in the Territory. In fact, money that should have been spent in the Territory in those days was taken away and spent in the eastern states. Now it is our turn and we should not apologise at any time that we are receiving 80% of our revenue from the Commonwealth. It is our right, our turn, to receive it now and we should be pushing harder than ever to say: ‘You guys have had our money for umpteen decades, now it is our turn to get the money back so that we can develop the infrastructure that we so desperately need’. The CLP did that very well during our years of government when we were receiving federal funding and assistance. This government should be out there lobbying the federal government as strongly as possible to ensure that money keeps coming in.
I have talked about this government being the highest taxing government. All you have to do is look at the real estate industry and how stamp duty collection has been going. The minister admitted that stamp duty collection has been unexpectedly very high. In the dot points here, it says increased taxation revenue of $10m largely from stamp duty on conveyances. The real estate industry had something else to say. I quote this from an article in the NT News real estate guide written by Sue Shearer of REINT, entitled Government has duty to show us the money:
- In the financial year 2002-03, over $644m worth of real estate was transacted. That means that the
NT government received $37m from consumers in stamp duty payments.
In 2003-04, over $1bn was transacted, with consumers paying over $70m in stamp duty to the
NT government.
Comparisons can now be made with the 2003 and 2004 September quarters, which show a 27 per cent
increase in real estate transactions - $216m in September 2003 and $275m for September 2004.
What a windfall from consumers for the NT government.
These figures do not include stamp duty received from commercial real estate or pastoral property
transactions.
So, you see there has been a huge windfall to this government.
Mr Henderson: How come everyone is leaving?
Dr LIM: The Leader of Government Business is trying to distract me from what I have to say.
The reason property has been changing hands in the Northern Territory is because of southern investors, not because of our population in the Territory or people moving to the Territory to occupy places that have been bought. This is money being sent to the Territory by southern investors because they have found that real estate in southern capitals has come to a plateau and they are not making money from it so they are turning their money here.
That is the problem. This government continues to ignore all that. If the government was serious, with all the money that they have been receiving, they should be pumping it into business and development so that we have the infrastructure for the longer term. Instead, we have seen nothing for it.
In the last two years or so, we have noticed a change in fiscal policy. I wonder why there has been a change. I suggest that perhaps this government has started to see after so many years in government that they started on the wrong foot. It is quite clear from the Fiscal and Economic Outlook, Budget Paper No 2, of this year and I quote the paragraph on page 4:
- Since the formulation of the 2003-04 Budget, three key fiscal challenges have led to the government
revising the Fiscal Strategy first developed for the 2002-03 Budget. Firstly, the Territory economy,
although showing clear signs of recovery in 2003-04, has not recovered as quickly as first anticipated.
That is a point I made earlier: they started forecasting a 5% or 6% growth rate when in fact we have about 0.5% or zero or minus 0.5%. I continue the quote:
- Therefore, the government has departed from its previously announced strategy to provide additional
support and stimulus for economic growth, both by increasing spending and by reducing taxes …
So it has abandoned that. Unless the government starts looking seriously at how it is going to promote employment and population growth, we are going to be in an ever-tightening downward spiral and getting nowhere.
I want to go back to a comment that was made earlier today about retail trade. The minister for Business said: ‘Our retail trade is up and is fantastic. We have done so well. Sensis have given us such a big boost in praise in how the Northern Territory is doing’. What he does not realise is that seven out of 10 business are still struggling; seven out of 10. That is a lot of businesses not doing well. Unless he can get it past the 50% mark, I don’t think he should be crowing.
The reality is that over the nation, the seasonally adjusted figure for retail trade fell by only 0.7% in October. Guess what the fall was in the Northern Territory? 1.1%. That is an equivalent drop of $1.8m. It comprises a fall in food retailing, clothing, soft goods, household goods, hospitality and services. That is the problem and this government does not recognise it.
If you do not recognise this sort of thing is happening, wearing coloured glasses and trying to see the world in a rosier light, what happens is that you do not manage the economy. You do not see it clearly; you just sit back and say: ‘Oh, well, it will happen because Alcan is going to spend $1bn or the developers of the wharf will spend $1bn and the railway line spent $1bn’. It will all happen not because the government has a focus, but because it happens to be there. Serendipitous may be the right word to use.
Look at building approvals. Total dwelling approvals have come to a plateau and are starting to fall back a little bit. For October 2004 for the nation, it went down 3%. The trend estimate for the Northern Territory was downwards by 4.7%, the third largest fall in Australia behind the ACT and New South Wales. There was also a large fall in the value of total buildings approved.
Is this economy really on the up and up? The answer is: no, it is not. If it is, those figures should not be coming downwards. How is this Treasurer, who seems to be presiding over growth in the economy in the Territory, going to respond to all these downward trends in figures that are readily available to him and his officers? Let us hope that, come the next budget, if we see another one before the next election, there is further change in fiscal policy to ensure that we have a better stimulation of the economy in the Territory.
I said earlier that our tax effort is now well above what we can reasonably expect to pay. If I were in government, I would be starting to think seriously about how we can relieve businesses in the Territory from paying more and more into government coffers.
We are about how to decrease the cost of doing business in the Territory. The cheaper it is to do business in the Territory, the more likely it is that businesses are going to come and invest in the Territory. Until we are prepared to do that, we cannot expect businesses to prosper.
What I can say about the Treasurer’s Annual Financial Report is that it makes it easier to compare this one with the previous one and that makes it more transparent than it has been. However, you still have to plough through a lot of facts and figures to see where things have gone and whether it is right or wrong, and whether the figures add up. I have spoken already about the interest revenue from the Central Holding that has been increased.
Mr Deputy Speaker, I have made enough comment about the state of the economy of the Northern Territory. There are issues that the government needs to look at very closely to ensure that we do not continue to suffer a population loss. We have to ensure that our employment starts to improve; we must turn the corner and we have to do it soon otherwise we will have more difficulties. I hope this government, with all the money that has been put away, can now kick-start some of the businesses in the Territory to ensure that we do not keep going into this downward spiral.
Mr BURKE (Brennan): Mr Deputy Speaker, I want to make a couple of comments about the Treasurer’s Annual Financial Report.
First, it is in a format that is easily understood and that is good. I ask the Treasurer to comment, as a point of clarification for me, on the Auditor-General’s comment that may be a continuation of comments made in the past about a CLP government in the way that the Treasurer’s Annual Financial Report was presented. It would appear from his comments that whilst it is presented fairly in accordance with the Financial Management Act, the Auditor-General says:
- In my opinion, the Treasurer's Annual Financial Statement does not present fairly in accordance with
applicable accounting standards and other mandatory professional reporting requirements in Australia
the financial position of the Northern Territory government as at 30 June 2004, its financial performance
and its cash flows for the year then ended.
That reads to me to mean that the Auditor-General is continuing a criticism of Treasury that he made against the previous CLP government in the way these financial reports were presented. I recall that it was a point of criticism by the then opposition about how the CLP government presented these reports. It seems to me that, now in government, the ALP is swayed to maintain that CLP position. If that is the case, I would like an explanation on it because it seems to be a departure from the position of the then Labor opposition as to how this sort of information should be presented. It certainly appears, in the opinion of the Auditor-General, to be an inappropriate way of presenting the Treasurer’s Annual Financial Report.
It is, as the opposition spokesman said, a report that demonstrates, in all fairness, that the government should get down on its hands and knees and say: ‘Thank you, John Howard’, because it really is a reflection of the economic activity stimulated by the efforts of the federal government over some years now, three terms, reinforcing their support for John Howard at the last election, that has allowed the Northern Territory government to have the flexibility to put monies into programs where they feel those priorities are needed.
On my perusal of the outcomes of the 2003-04 financial year, as reported in this financial report, it indicates that revenue to the Northern Territory government has increased, as stated in a number of areas of this report, primarily because of the GST. This is just one quote amongst many:
- There has been an improvement in the cash outcome of $60m. This improvement is largely the result of
additional GST revenue of $89m and specific purpose payments of $39m offset by new expenditure
initiatives and the onpassing of additional specific purpose payments.
The flexibility given to the government in delivering its programs comes primarily from the activity generated through GST, and that activity, on my perusal of the document, shows that at least $88m in additional spending, as forecast in the budget, has been provided to agencies.
You would poll in the same way that we poll. Your polling would be telling you, I am sure, that there are several issues: what is the government doing with all the money it is getting from the GST? How is that translating into jobs for Territorians? How is that translating in assistance to small business in the Northern Territory? How is that translating in getting more skilled workers to the Northern Territory? Most importantly, if we are going to invest in the Territory, in our business or in other developments, we need people in order to get security of that investment, so where is government’s priorities in meeting those parameters?
Frankly, Treasurer, as I look through the results of the 2003-04 financial year actuals, the big spending items seem to be the sorts of things that all governments should do rather than a government that is focussed on achieving those sorts of outcomes. If you look at the big ticket items, there are increases to the Chief Minister’s Department above budget of about $1.5m, and that is attributed to additional marketing of the Territory’s activities. I would call that self-promotion. In this document, it is additional marketing, but no indication as to what outcome has been achieved for that $1.5m extra above budget, and above the significant appropriation of $49m that was given to the Chief Minister’s Department alone in the budget.
Another big ticket item is an additional $7.5m on top of the $28m that was published in the budget for the Tourist Commission. No one denies that the Tourist Commission needed more money. There is no doubt that the opposition supports the additional money. However, we have a right to ask the questions as to what that $7.5m has achieved to secure greater tourist numbers to the Northern Territory.
Unfortunately, the people who suffer seem to be Territorians and, particularly, public servants because where the government has saved money in the Central Holding Authority, we can see that saved money from actuarial reviews of superannuation costs and of workers compensation costs, and increase in the market value of conditions of service reserve investments is shown as a minus, as an additional increase to the market value of conditions of service reserve investments.
I ask the Treasurer to explain that item to me because I do not understand it. However, when it comes to the cost of workers compensation in the future, those costs to government are decreasing considerably. Therefore, someone suffers, and that is the worker in the public service. That has to be seen in the context that the government is probably in a better financial position than it has been for many years as a result of the significant flexibility of the GST. As the opposition spokesman said, in areas such as stamp duty, why isn’t that being passed back to consumers?
The Leader of Government Business stated that Northern Territory government is the lowest taxing jurisdiction in Australia. That might sound good in this Chamber, but if you say that to any businessmen out there, they would not agree with you. It might be a cute statement in here, but it would not fly for five minutes amongst the small business person out there because they do not see it that way at all. It is clearly enunciated at page 14 of the Treasurer’s Annual Financial Report that says that whilst our capacity to tax in comparison to other states is about 79%, our effort in achieving that capacity is 90%. Whilst our capacity to raise own-source revenue in comparison to other states is about 90%, our effort is also 90%.
When it comes to the government getting as much money as it can from the taxpayer, whether it be a small businessman or worker, there is no doubt that, in effort, the government is doing a pretty good job. So you cannot stand up and …
Mr Stirling: Oh, rubbish! Compared to the Australian average! Have a look at it against the Australian average!
Mr BURKE: Okay, you have made some changes. You have made some reductions and you claim that those are massive reductions. The reality is that they are not. They are small changes. There is some small relief in payroll tax, but small. Do not try to suggest that in the last couple of budgets, this Labor government has provided to Territory businesses the lowest taxing regime in Australia because they simply will not wear it. The reason they will not wear it, and it is a fault of this sort of presentation, is that it might look good to compare the Northern Territory with other states, but anyone who would suggest, particularly the Treasurer or any minister, to Territorians that the conditions in the Northern Territory are the same as in other jurisdictions is on the wrong angle.
When it comes to small businesses in the Northern Territory, they would be called micro-businesses down south. We do not have medium businesses in the Northern Territory. If we do, we have very few of what would be classed as medium businesses in a southern jurisdiction. The conditions of business operating in the Northern Territory are entirely different in many respects from the conditions that many businesses operate in down south. We have to be very cognisant of that situation. To suggest to them that because our efforts are on a par with other states, we are doing great is not good enough, particularly when they know that revenue coming through from the GST and investment activity is not being stimulated by this government; it is being stimulated by the confidence that investors who have made big money in southern states have and are now looking for other opportunities. They know that revenue is coming through the government and they want to know how the government is going to help them to ease their business costs.
If one looks at the general government sector taxes, I would have thought that motor vehicle registration fees were a pretty good indicator of economic activity because there is something going wrong. The Treasurer might wish to explain that. On page 117, in 2002-03, motor vehicle registration fees were $38.402m, and they have dropped to $33.612m …
Mr Stirling: You do not remember the $90?
Mr BURKE: … in this 2003-04 period. There must be many vehicles in the Northern Territory being registered interstate, and that comes to me more and more often by way of complaints from businesses that there are too many vehicles running around the Northern Territory that are registered interstate rather than here, and that figure reflects that amount.
Mr Stirling: The $90.
Mr BURKE: Sorry?
Mr Stirling: It is the effect of the $90 coming off.
Mr BURKE: $33m to $38m. You only raised $6m? I thought you were on track to raise about $20m when you cut it out. You only raised $6m in your rego levy?
Mr Stirling: It came off 18 months in and it was supposed to be in for three years.
Mr BURKE: You only raised $6m in your rego levy? Anyway, that aside, if that is the answer, I still believe that businesses are concerned about the number of vehicles that are registered interstate, and stay registered interstate whilst they parade around the Northern Territory. That is something the government needs to look at.
On page 108, in the financial summary, it states that there was an under-expenditure on Commonwealth projects for conservation of natural resources of $6.128m. I wonder if the Treasurer could explain why that under-expenditure occurred.
As I said, in the general expenditure of government, there is no doubt that each of the departments has received significant expenditure above that projected in the budget. I am sure the Treasurer will say: ‘That is the way the government does business. As needs arise, we provide them with more money’. It does not bode well for a government that said when it came to government that if CEOs did not stay within their budgets they would be sacked. Your outcomes show that the published budget really means nothing because the amount of monies that each department is expending over and above that in the budget is upwards of 10% in the case of some agencies.
Another question I will ask the Treasurer that may be easier to answer arises on page 92, Northern Territory Treasury revenue and expenditure. In revenue, it states that there were lower than expected subsidies and grants payments for the Alice Springs convention centre - and I can understand that - first home owner grant, petroleum subsidy and community benefit fund grants. The first home owner grant is reflected as a cost to Treasury. I would have thought that those grants would have been aggregated in the department of Housing. I may be wrong, but I wonder why that line item appears there rather than the business division of Housing, which I thought manages that activity. Certainly, the minister, who gave a statement in this House, was not the Treasurer; it was the minister for Housing when he spoke about those first home owner grants. How that money is apportioned is a question that I have.
With those few comments, and I am sure the Treasurer will happily answer them, I would like to thank the officers involved for the presentation of the Treasurer’s Annual Financial Report. It is undoubtedly a good report from a government perspective of meeting its fiscal strategy. I applaud the government for that, simply with the rider that that applause really should be shared with one John Howard who has given the Northern Territory government the flexibility through the GST to deal with some of the issues that they see as priority.
My disappointment, I emphasise, is that there does not appear to be sufficient money being spent on the areas where I believe priorities really lie. If it comes to infrastructure spending, there does not seem to be anything here to show where the government has committed to infrastructure spending. There are reductions in infrastructure spending based on big projects such as the railway and the port that were committed to under a CLP government, but nothing coming through in commitments by this Labor government. There are no schools being built, but extra money going into things like nurses’ and doctors’ EBAs, additional Aboriginal housing, a large amount of money going into Aboriginal areas, which is fine; I do not begrudge that.
Certainly, one looks to see where an equal effort is being applied to those things that drive the Northern Territory economy because social programs are one thing but, at the end of the day, it is how strong this economy is overall and how small businesses are supported that will see a bright future for everyone.
There is a small amount of money allocated for the Jobs Plan, about $700 000 in total. We hear a lot about the Jobs Plan. I would like to know more detail as to how that will work. When it comes to skilled workers coming to the Northern Territory, I might add that I went to Greece and Kalymnos recently and talked to a number of people including business people. I was surprised to receive a delegation of about 15 people who are workers who want to work in the Northern Territory. I understand that there are some officers in government who may be aware of this. These are people who are prepared to do the hard work, concreting, plastering and roofing, skills that are desperately needed. I know of businesses in the Northern Territory that are prepared to sponsor those workers for up to 12 months or more. The names are there. The people came to see me - not all of them, but some of them. They would be on an aircraft tomorrow to fill those jobs.
When the Northern Territory government says not only are we putting in an effort on jobs and spending millions of dollars promoting the Northern Territory, why don’t you get your focus down to the sort of things that we can do? I would have thought that a submission to the Commonwealth government whereby the Northern Territory government would act as a guarantor to the sponsors that are already there would be in order. I am sure the member for Casuarina would know the names of the businesses that would take those workers tomorrow. Why can’t we get them here?
I am told that the Commonwealth has proposed a policy whereby, when it comes to Greek workers in particular, there are some imposts on them coming to Australia. I would have thought the Northern Territory government would say if we are job hunting for Asians and Irish people in different trades, what is wrong with Greeks? They are the people who have built the construction industries to a large extent. They have not only committed to the Territory’s future in the past, but continue to do it. When it comes to the people who are out there every day of the week doing the really hard work under the really tough conditions …
Mr DEPUTY SPEAKER: Your time has expired, member for Brennan.
Ms CARTER: Mr Deputy Speaker, I move that the member be granted an extension of 10 minutes in order to conclude his remarks.
Motion agreed to.
Mr BURKE: To sum up, people are looking for a government to really put paste on the issues before them. It is one thing to visit other countries and talk about relationships and things in the future, but it is quite another to deal with the issues that are before us today. That is one of them. I ask the Treasurer, when it comes to his portfolio area, to look at that issue and see what can be done to get those workers and others here.
With those few words, I thank the minister for his tabling statement and seek clarification on the issues I raised.
Mr STIRLING (Treasurer): Mr Deputy Speaker, I thank members opposite for their comments. I believe I have rounded up most of the issues raised. I might have missed a couple from the member for Brennan. I would be happy to get a note from him later in respect of a couple that I missed in getting exactly where he was coming from in the report.
The outcome for 2003-04 was a $36m surplus. In Budget 2003, we forecast a $24m deficit, so it was an overall improvement throughout the year of a $60m turnaround, and that surplus was because of an additional $156m in revenue across the board, $89m of it in GST, increased payments through Specific Purpose Grants of $39m, an increase in own-source revenue from Territory taxation of $10m and other receipts, generally sales of goods and services across government, at around $18m.
The increased GST, no secret there, is from higher than anticipated receipts from the GST pool, and it is the accumulation of GST into the pool that determines what states and territories will get when it is distributed to them by the Commonwealth based, of course, on the relativity that they set. That relativity they set costs us $48m in forgone revenue as a result of the last setting of the relativities.
Increased taxation receipts from the Territory are based entirely on increased economic activity in the Territory, because we have cut taxes. We cut the payroll tax rate from 6.5% to 6.2%. We lifted the threshold from $600 000 to $800 000 and, again, on 30 June next year, it will go to $1m. The effect of that is to take out 127 local businesses that had previously been in the payroll tax net. They will be out. They will not pay one cent. Others, those who are still in the net, will receive reductions of up to $20 000 off their payroll tax bill as a result of shifting those thresholds. That means we are the lowest taxing jurisdiction for businesses of 20 or fewer staff, but from 1 July 2005, we will be the lowest taxing jurisdiction on businesses of 40 or fewer staff. That will give us a major competitive edge.
In relation to stamp duty, and the member for Greatorex raised the issue around the Real Estate Institute of the Northern Territory, I said at the time on radio, and I stand by it, that all taxes levied by this government come under review at the time that we look at Budget Cabinet. We look at it from the point of view of effect on the economy, equity and fairness and what can be afforded by way of tax relief.
In relation to stamp duty, we already lifted the threshold for first home owners from $80 000 to $125 000. We introduced the $1500 rebate on the principal place of residence. Since 2002, those measures together have put something like $14m back into the pockets of Territory home purchasers, $14m that would have been spent in the Territory and allowed those people to furnish and fit out their homes. That is $14m sitting in their pockets for spending in the economy rather than accruing to government.
In relation to where this money goes, we did get that last minute payment of $36m in additional GST just a week before our budget came down, and expenditure across 2003-04 was $88m higher than forecast. Now, that money generally went in additional services. We are starting to see the fuller impact of the O’Sullivan police review payments, the extra 200 police coming on; the continuing additional monies into tourism, 7.5 by 10 by 10, that is $27.5m overall; the increases in mental health and child protection within the Health Department; education and training initiatives; the 100 extra nurses and 100 extra teachers.
Of course, the members opposite need to remember that each of our capital works budgets in the three years that we have brought budgets down have been records in their own right. Of course, that takes money.
The Real Estate Institute did make a number of claims, not all of which stack up. I will just pick up a couple. The Real Estate Institute comment was that $644m worth of real estate was transacted in 2002-03, and over $1bn in 2003-04, comparing September 2003 and September 2004, there was a 27% increase from $216m to $275m. From the Australian Valuation Office, the value of sales is collected at the time of settlement and the 2002-03 figure is quite different from that put out by the Real Estate Institute of the Northern Territory.
The figures under the AVO were: 2001-02, $627m; 2002-03, $717m; and 2003-04, $1057m. If you compare the September quarter 2003 with September quarter 2004, the value of sales increased by 22% to $263m. With the exception of 2003-04, conveyance stamp duty collections in the past five years have been relatively steady or in decline as recorded in the 2001-02 year. If you look at 1999-2000, it was $34m; 2000-01, $28m; in 2001-02 it climbed back to $34m; 2002-03, $43m; and 2003-04, $64m.
The Real Estate Institute also said these figures do not include stamp duty received from commercial real estate or pastoral property transactions. In fact, stamp duty on conveyance includes business, pastoral, investment and residential conveyance. It is difficult to classify stamp duty collections between business and non-business conveyances, particularly as a number of residential conveyances can be for investment. Due to the limited number of large commercial transactions separately identifying the sub-categories, you really could breach taxpayer information given our size and the amount of knowledge out there of what goes on.
The Territory collected just over $109m in 2003-04 from stamp duty generally. It consisted of conveyance duty, $64.4m; motor vehicle registration transfer duty, $15.7m; insurance duty, $19.4m; and other duty, $9.8m. The Real Estate Institute said the Territory received $37m from stamp duty on residential sales in 2002-03. Of the $43.2m received in stamp duty from all types of conveyance, only about 65% of that relates to stamp duty on residential property transactions. Therefore, the $37m figure cited by the REINT would assume that 86% of total conveyance stamp duty would be from residential conveyances, so it really over-estimates and overstates the estimate by about a third.
There are a number of inaccuracies in their information that Treasury has identified. We really need to go back to the Real Estate Institute of the Northern Territory and remind them of what we have done. These questions are always under review as we get to Budget Cabinet, and we should show the institute where their figures and the estimates are increased.
The strategy that we continue to apply, in the first place, ensures that we continue to provide sustainable government services. That means repairing damage done to the base of agencies’ budgets by the CLP before we came to office. That is a body of work that still has to go on because there was neglect in those last years of the CLP in relation to properly funding agencies to enable them to do the job with which they are charged. As I said, in 2003-04, for a competitive tax environment we reduced some taxes on business. The full-year effect of the stamp duty reductions has just started to kick in. The taxation reduction effect will, of course, be amplified this year with further changes to payroll tax and other business taxes.
The third point is the prudent management of liabilities; that is, managing the business of government without blowing the bottom line. You have to balance the two. One thing that I am particularly pleased about, because it does point to a bright future, is the way that we have tackled debt by picking up those cash surpluses, by better management of interest payments overall and, through careful planning, we are beginning to have an effect on the bottom line on debt. If the opposition is not grateful for that, well, the community will be and the community into the future, and certainly our children, will be more grateful for it than perhaps we are today.
Nett debt we have managed to reduce by $67m from $1723m in 2002-03 to $1656m in 2003-04. That is not a huge move, but at least a move in the right direction to start eating into that enormous body of debt that underlies everything government does. Nett debt plus employee liabilities has reduced from $3508m in 2002-03 to $3453m in 2003-04. Again, not a huge reduction, but preferable to what I saw in about the 11 years that I was sitting in opposition in this place where we continued to see those figures trending in the wrong direction. It has been a massive job to turn that around. Small those reductions might be but, incrementally, they will add up over time.
I turn to the comments made by the member for Greatorex, and I become annoyed with a couple of generalised and very loose statements that the opposition tends to make from time to time. That is, in the first place, that we are ‘awash with money’ and we ought to be on our hands and knees to the federal government for their largesse. There is no largesse attached to the Howard government. The GST as it is distributed is collected by the Commonwealth and then distributed by the Grants Commission against the relativities. There is no generosity here at all. If the GST is growing, that is because of the housing boom down south, but it is the end result of what is going on in the economy and what is bought and sold.
I will tell you why there is no generosity from the federal government: if people think that the GST revenues have continued to climb, and they have over the first few years of its introduction, you need to step back and have a look at what the federal government is accruing by way of its duties and income taxes because they far outstrip the growth in GST. How do you think Costello is able to announce $5bn and $8bn surpluses? The highest taxing federal government this country has ever seen producing surpluses of that sort of nature.
This is the other line that really gets up my nose: they accuse us of being the highest taxing government and awash with money and we have put it all away. The way we run the books, member for Greatorex, there is no possibility of putting money away. It is transparent. You said yourself, and the member for Brennan said it is a terrific report; at least we can read it and understand it. That is unlike the struggles we used to have when you blokes were in government. There is no ability to put money away for a rainy day. We are on track for a balanced budget. If we were putting money away, we would be on track for a 10, 20, 100 or whatever million dollar surplus that we were tucking away for a rainy day. We are on track for a balanced budget and next year - guess what? - and the year and the year after that, we slip to modest deficits. How can this government be putting money away when we have forecast a balanced budget for this year and modest deficit for the next three years?
If you want to talk about being the highest taxing government, have a look at page 13 in the Treasurer’s Annual Financial Report: taxation revenue per capita, general government, in 2003-04 in New South Wales per capita it was $2225; in Victoria, $2068; Queensland, $1684; Western Australia, $2096; South Australia, $1818; Tasmania, $1322; Australian Capital Territory, $2315. The all states average is $2016. Northern Territory? $1326; $4 per capita ahead of Tasmania.
Members interjecting.
Mr STIRLING: For the sake of four lousy dollars, we are not the lowest taxing jurisdiction in Australia!
It would be worth getting rid of that $4 so that we were the lowest taxing jurisdiction in Australia: $1322, Tasmania; $1326, Northern Territory. Bad, bad, bad by $4 in second place at the lowest, and we can go all the way up to New South Wales at $2225. It is on page 13. Have a read instead of coming in here and shouting across the House about us being the highest taxing government.
Members interjecting.
Mr STIRLING: In 2003-04, Tasmania at $1322 and the Northern Territory at $1326 had the lowest level of taxation revenue per capita of any state or territory in Australia. Of all state jurisdictions, the Territory experienced the smallest increase of taxation revenue per capita from the 2003-04 budget, being more than three times lower than the state aggregate increase.
This can be explained by higher activity in southern property markets relative to the Territory where property activities have been more subdued. In addition, states and territories have pursued tax competitive polices in recent years to attract business investment and population growth. Increases in Territory taxation revenue reflect increased economic activity in the effect of inflation rather than increased tax rates. The chart is there, the state-weighted average. Sitting right up here are ACT and New South Wales right at the top.
Dr Lim interjecting.
Mr STIRLING: The little dark one just above the line is the Northern Territory. Do not come in here with this nonsense of this being the highest taxing government. Look at the federal government for a high taxing government. $8bn surplus; you can ask Costello what he is going to do with the $8bn surplus. Talk about taxes and full of largesse and how generous they are; they are racking up credits like you wouldn’t believe, four and five times what is distributed back to the states through the GST.
Madam Speaker, the member for Brennan pointed to the comments from the Auditor-General. They, of course, have been in these reports since 1999. The issue was debated at the Alice Springs sittings in May last year, if I recall. The same question arose and it is the difference between uniform presentation framework, which we adopt, and AAS31, or the Australian Accounting Standard 31. We have moved a little closer, in relation to how we report everything, to AAS31, but it is still not intended to be possible to tick that off in the way that avoids that opinion or comment from the Auditor-General.
Nonetheless, it is something that has been done since 1999 and will continue to appear in these reports until 2006-07 or until such time as all the jurisdictions in Australia make up their minds in conjunction with federal government as to which format they will adopt. We think that it is probably going to be very close to what we have adopted, so we won’t be making any changes there.
The member for Brennan asked about why the first home owners grant appears under Treasury in the Treasurer’s Annual Financial Report. I am advised that Treasury has always run the first home owners grant, not Housing, so that is why that is there.
There were a couple of other questions raised by the member for Brennan that I did not address. One was the non-expenditure of a Commonwealth grant by one of the agencies, but if he wants to get a note across to me, I will find the reasons and get answers to him on those questions.
In essence, Madam Speaker, ‘awash with money’? No! Largesse of federal government? No! Our genuine right, as is the right of every other state and territory, is to have our proper share of GST. If we want to look at where the largesse is accruing, it is accruing to the federal government by way of their taxation polices on Australians at a massive amount. It sits in Costello’s hands as billion dollar surpluses that could be used, of course, to be further stimulating this country. $48m we lost as a result of the relativities and we have lost that probably for the next five years if we do not get a satisfactory result in relation to the couple of questions that the Treasurer undertook to look at with Northern Territory Treasury and the Commonwealth Grants Commission. They were questions around the amount of interest this government pays on debt and the unique circumstances by which …
Madam SPEAKER: Your time has expired, Treasurer.
Mr STIRLING: … property depreciates. With those remarks, I thank members opposite for their contribution to debate.
Motion agreed to; report noted.
TABLED PAPER
Auditor-General’s Report to the Legislative Assembly:
Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Ltd
Madam SPEAKER: Honourable members, I present the Auditor-General’s Report to the Legislative Assembly: Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Ltd. I call on the Treasurer.
MOTION
Print Paper - Auditor-General’s Report to the Legislative Assembly:
Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Ltd
Print Paper - Auditor-General’s Report to the Legislative Assembly:
Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Ltd
Mr STIRLING (Treasurer): Madam Speaker, I move that the report be printed.
Motion agreed to.
MOTION
Note Paper - Auditor-General’s Report to the Legislative Assembly:
Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Ltd
Note Paper - Auditor-General’s Report to the Legislative Assembly:
Examination of Contracts Awarded by Government Agencies to Metis Consulting Pty Ltd
Mr STIRLING (Treasurer): Madam Speaker, I move that the Assembly take note of the report and I seek leave to continue my remarks at a later hour.
Motion agreed to.
ADJOURNMENT
Mr AH KIT (Housing): Madam Speaker, I move that the Assembly do now adjourn.
Madam Speaker, it is with great sadness that I rise tonight to advise that a senior elder of the Urapunga and Ngukurr region, Doreen Duncan, passed away on the 17 November at the age of 97 years. Doreen was a highly respected member of her community and will be sadly missed by everyone. Her funeral will be held at Urapunga tomorrow Wednesday, 1 December.
Among her many achievements, Doreen was an important witness in the successful Yutpundji-Djindiwirritj and Minamia Land Claims back in the 1980s.
Doreen is survived by her sons, Arnold, Rodney, Samuel and Dennis and her daughters, Martha, Hanna, Margaret and Rhonda, her many grandchildren and great grandchildren.
I extend my sincere condolences to all family and friends of Doreen. May she rest in peace.
I am also very sad to advise the House that Willie Blitner of Angurugu on Groote Eylandt has also recently passed away following an illness. Willie was only 54 years old.
I got to know Willie really well in my visits over the last nine and a half years, and before that when I was the Director of the Northern Land Council. Willie’s father is Gerry Blitner, a member of the Northern Land Council for many years and a prominent Aboriginal leader. Even through Gerry is in retirement, his advice is still sought by community leaders.
I extend my condolences to Gerry and to Willie’s brothers and sisters, Donny, Alan, who is known to his friends as Zulu, Irma, Wendy, Annie and Neville; his daughters, Camelia, Stephanie and Angela; and his grandchildren, Robert, Shaun, Zacherary, Juan, Briella, Alisha and Jay. May he rest in peace.
Madam Speaker, as this sitting is the last before Christmas, I would like to take the opportunity to wish everyone a Merry Christmas and Happy New Year, and thank them for their efforts over the course of the year.
First to members of the Gumatj and Warumungu peoples who are close friends or family: may your festive season be a safe one and a celebration of family. I would also like to acknowledge Mr Robert Lee, staff and members of the Jawoyn Association in Katherine.
To all the Aboriginal organisations and associations, their members and supporters: keep up the hard work you are all doing. A Merry Christmas and prosperous new year to you all. In fact, let me wish all Territorians a Merry Christmas and a Happy New Year.
To the people of my electorate of Arnhem, I extend special Christmas and new year wishes: Mr Tony Wurrumbarra as the President of the Anindilyakwa Land Council, festive greetings to traditional owners, members and staff of the Anindilyakwa Land Council; Mr Jabani Lalara, Council members, staff and community members of Angurugu; Ms Anne-Marie Lee, community management board and members of Barunga; Ms Maria Farrell, Community Management Board and members of Manyallaluk; Mr Richard Kennedy, Community Management Board and members of Wugularr community; Ms Fay Roberts, Council members, staff and community members of the Jilkminggan; Mr Michael Miller and Sheila Joshua, Council members, staff and community members at Minyerri; Mr Lazarus Murray, Community Management Board and members of Gulin Gulin; Mr John Dalywater, Community Management Board and members of Weemol; Mr Charles Djirarrwuy, Council members, staff and community members of Milingimbi and a special thanks to Alfred, Johnny, Jennifer, Batitji and Ross who have helped me on numerous occasions when I visited Milingimbi as the local member; Mr Wilfred Wurramura, Council members, staff and community members of Milyakburra; Mr Samuel Numamurdirdi, Council members, staff and community members of Numbulwar; Ms Veronica Birrell, Council members, staff and community members of Nyirranggulung Mardrulk Ngadberre Regional Authority, and the communities that have formed Nyirranggulung: Jodetluk, Manyallaluk, Barunga, Wugularr, Weemol, Bulman, Werenbun and outstations; Mr Richard Bandili, Council members, staff and community members of Ramingining community; Mr Claude Mamarika, Council members, staff and community members of Umbakumba community; Mr David Daniels, Council members, staff and members of the Ngukurr, Urapunga and Badawarrka communities; special thanks to Nancy and Grant Burgoyne from Alyangula whose assistance has been invaluable. I trust the coming year will see you and all your families a healthy and prosperous time.
I also extend best wishes and seasons greetings to all the staff at the Legislative Assembly: the Clerk, Ian McNeill, Jane Gunner, Brian Cook, Graham Gadd, Joanne Carbone, the Deputy Clerk, David Horton and Rick Gray, who retired on 18 November 2004, Vicki Long, Mary-Anne Almond and Cherie Thorpe who look after our electorate offices; everyone in Hansard including our Serjeant-at-Arms, Helen Allmich, Sue Gray, Robyn Smith and Elizabeth Olajos; the Building Management mob including Jan Bradley, Alastair Vivian and Phyllis Mitchell; Tara Wearne in Human Resources; Kathy Cercarelli in the Speaker’s Office; Elizabeth Clark for looking after travel; everyone in Committees – Pat Hancock, Terry Hanley, Liz McFarlane, Kim Cowcher; our IT whiz kids Naoko Kitazato, Mike Watson and Matthew Pickering; Steven Stokes and Annette Brown in the Table Office; Brenda Reid, Alice Tsang and Rex Schoolmeester in the Finance office; Sonny Rachman in Registry; Jan Sporn and Anna-Maria Socci in the Parliamentary Information office; Gale Jamieson, Lyn Bond and the hard workers in the Parliamentary Counsel office; also to Derek Stafford, Tony Hume and Tony Hibberd who make sure the building doesn’t fall down around us.
In the spirit of Christmas, I wish my parliamentary colleagues a Merry Christmas and prosperous new year, and I look forward to seeing you in the Chamber in 2005.
Festive greetings to the staff at the Department of Chief Minister including the Cabinet office, especially Julie Nicholson and Nuala Murphy for her work with Community Cabinet.
Merry Christmas to all the security personnel. They do a great job, sometimes under very difficult circumstances. The government car drivers, Gary Wilkshire, Wayne Kessell, John Dinoris, Hardy Dunkel, George Bacic, Thor Schjolden and Bill Harris when he fills in from time to time, thank you for your precision driving skills. And thanks to Cynthia Thompson of Harvey World Travel who organises all my ministerial travel.
Also, best wishes to the staff of my Department of Community Development, Sports and Cultural Affairs, including the Secretariat and Northern Territory Library staff. Thanks, too, and best wishes to the Executive of CDSCA Mike Dillon, the CEO, Sylvia Langford, Dennis Bree, David Coles, Phillip Leslie, Trish Angus and Fiona Chamberlain.
To members of the media here and elsewhere in the Northern Territory, politicians and reporters often have a weird relationship, but at least we have shown we can play darts and lawn bowls together.
And to my hard working staff: first, my gratitude to Phil Powling who looks after my electorate office. Thank you for your hard work this year. Although biased, I have to say I have one of the greatest electorate officers in the Territory.
To Karl Hampton and Mandy Taylor from the Office of Central Australia who look after me with ministerial responsibilities in the Central Australia and Barkly regions, thank you for your continued support and assistance.
To my ministerial staff Jamie Gallacher and Michael Gunner before him, Chips Mackinolty, Jeanie Govan, Kate Worden, Dianne Stanford, Deanna Hampton and my Personal Assistant, Kylie Bell. A special thanks to Danyelle Bodaghi as my hard working departmental Liaison Officer and to Brian Hylands, who temporarily worked as the DLO some months earlier this year.
Finally, I would like to acknowledge the support from my family and children: my wife, Gail, daughters, Ngaree and Trish, who is with us in spirit and my sons, Jonathon and Bardi and grand daughter, Talisha, thank you for your continued love and support.
To everyone I have inadvertently missed out, my apologies, but Merry Christmas and please do have a prosperous new year.
Ms CARTER (Port Darwin): Madam Speaker, in less than one month, Territorians will be commemorating the 30th anniversary of Cyclone Tracy and the devastation that she visited upon this city.
Darwin has a tragic history due to the geography of our town. We are devastated from time to time by cyclones, and, in 1942, World War II. I was not here in 1974 when Tracy struck on Christmas Eve, but I, along with many of us here, cannot ignore the impact that cyclone had on this city and on the Northern Territory as a whole; and the fact that I cannot ignore it indicates the power she had when she struck this town.
We all know the details of the cyclone. The fact that for a day or so before Tracy struck, many people living in this town, as they have subsequently, did not pay much attention to the warnings, did not take it particularly seriously, did not really have a yardstick against which to measure such an event, and just got on with life and the excitement of Christmas coming along.
As we all know, much to everyone’s surprise in this country, Tracy struck with devastating force. The power of her winds were not measured because instruments were broken as a result of the strength of those winds. I am sure all of us have been to the Northern Territory Museum, the Tracy display, stood within it and listened to the sound of a recording of the winds as they struck. I believe that recording came from one of the islands.
It was a pretty scary event and you only have to talk to survivors of Tracy to get their stories and understand how frightened they all were in the face of this cyclone. Not only did Tracy ruin houses, and we only have to look at the paper, the NT News over the last few days, to be reminded of that level of devastation, the fact was that the entire city was damaged and most of it blown away. Not only was there loss of buildings; there was also loss of life, and we will never know exactly how many people were killed by Tracy. There are estimates of the many hundreds of people whose lives were lost, and we will never know that. Also, of course, many pets, loved animals of people, would have been lost in they cyclone. I do not think I have ever heard stories yet about pets, but I am quite sure that many were killed by the cyclone. Treasured possessions were blown away, gardens were completely removed, and buildings were devastated.
The result of the cyclone was that Darwin has been rebuilt into the beautiful city that it is today. That rebuilding has taken on the effect of the development and the enforcement in particular of a cyclone code for our buildings.
Last Thursday night, the member for Nightcliff and I were both in attendance at the Anglican Cathedral in Darwin for the first of the commemorative activities, a dinner. At that dinner, a number of people spoke and one of the things we learnt about was how in 1972 a cyclone called Althea struck Townsville in Queensland. As a result of Althea’s damage, Queensland developed a cyclone code and, very quickly, that was taken on board in the Northern Territory so that by the time Cyclone Tracy struck, the code was already in force and new houses had to be built by the code.
Apparently, quite a few people, prior to the advent of Tracy, in Darwin were somewhat miffed that they were having to do this extensive extra work on their houses such as the way roofs are secured to the rest of the building, and people prior to Tracy were a bit put out by the cost of this. I am quite sure that after Tracy, those who kept their roofs never regretted the extra cost they incurred as a result of the cyclone code building standards. Hopefully, all of us living in the Top End who have to comply with that code will really appreciate it if we ever have to face a cyclone of the nature of Tracy again.
The other thing that happened after Tracy was that many of the people who suffered from it picked up the pieces and moved on. There are many people in Darwin today who have grown as human beings, who have learnt what they can cope with and survive, and have developed admirably as a result of Tracy. It is part of the pride that we have in the Top End when we look at Darwin and see what has been achieved in the last 30 years.
Madam Speaker, in 1978, four years after Tracy struck, I was a student nurse at Southport Hospital in Queensland, and it was the recounting of stories by one of the registered nurses of her Cyclone Tracy experience that lured me to Darwin. So Tracy did have that effect on me because it sounded like such an exciting place to live as she told her story about being under the operating theatre table at the old hospital when the roof blew off and then the wonderful experience she had here as a nurse after Tracy caring for people and coping with what the aftermath brought.
On Thursday night, when I attended the Anglican Cathedral function, a woman named Jacquie Williams read some poems from a book she has written about Tracy. It is called Cyclone Child. It is a most unusual view of the cyclone because this woman had a baby about a week before Tracy struck. She was living in Katherine and came to Darwin to buy some clothes. She was expecting to deliver in Katherine. She was going to buy her maternity set-up and the baby’s set-up. Unfortunately, she went into labour and the baby, whose name is Debbie, was born five weeks premature. She has written a series of poems and, with your indulgence, with a capital ‘I’, I am going to read a few of them because they are quite short and they provide a different perspective of Cyclone Tracy. These are coming from the view of a young mum. She started writing the poems prior to the arrival of Tracy, well prior, and it goes through the whole experience of having a baby. I will spare you my reading of that, but it demonstrates how Tracy just dropped into her life experience.
I am going to start with the first part of the poem called Conversation with My Baby. This was written on 13 December 1974:
I finished working today.
I am expecting you in January.
- Doctor Scattini suspects you’ll come early, you’ve already dropped.
I love you deeply,
- Each of your movements
tenderises the muscles
which allow my heart to swell
as my love grows.
you, alive, in me.
I’ll miss them, when we’re two.
Now we move to Christmas Eve, 24 December, and Jacquie writes:
- 11 pm News.
The radio headphones tell me,
‘The cyclone is expected to hit Shoal Bay around 8 o’clock’.
Nurses visited earlier
singing Christmas Carols.
A strange atmosphere develops,
Christmas, baby joy and
cyclone apprehension.
I’m not really worried.
I lived through many ’73 warnings.
They didn’t hit, though for protection
a friend kept her motorbike
in her living room.
I drift into sleep, aware there is time
for the cyclone to change direction.
The next poem is called Wakening. This is now 25 December:
- I wake around one or two a.m.
when I hear beds being pushed together
away from outside walls.
There is lots of action.
Civil Defence men are here
full of authority and serious.
Mattresses are pushed under beds,
more piled on top for protection.
We are told to get under the beds.
Dopey, bemused, we do not rush.
A nurse pleads, ‘Hurry. Oh please hurry.’ We are not told about the beam
piercing the ceiling lower down the ward.
Here we are, several mothers
under each two beds.
No one really talking.
The power goes off.
Emergency power comes on,
goes off.
Nurses begin calling,
to find us,
to give us our babies.
Again, we aren’t told
the special care nursery
and the labour wards
are damaged.
Quite a roar builds up outside
from this super squally rain.
The last poem I will read is called First Hours Alone with Debbie. Members need to be aware that because Debbie was born premature, Jacquie has been quite frustrated and upset by the fact that her baby has been kept in the special care nursery and she has had very limited contact with her. Here is the poem:
- Someone, somewhere under a bed
is singing Christmas Carols,
attempting to defuse the tension.
In the dark voices call out uniting
mothers with their lambs.
‘Mrs Seed, call out until I reach you.’
- ‘Mrs Seed.’ ‘Here.’ ‘Mrs Seed.’ ‘Here.’ My little lamb is delivered to my arms.
We are alone
in the dark
under the bed.
She is tiny
she is vulnerable
she is in my care.
Water splashes up
from the floor
onto the mattresses.
I manoeuvre my body
to protect her,
get into position
to feed her.
No comping now.
No mask.
No gown. No Phisohex.
Debbie and I
together,
listening, to the loudest,
strangest, orchestra
ever heard.
Madam Speaker, that is my reflection, with thanks to Jacquie Williams, on Cyclone Tracy, which struck nearly 30 years ago. Here is hoping that it will be at least another 30 years before any of us have the experience of Cyclone Tracy or something similar.
Mr VATSKALIS (Casuarina): Madam Speaker, it is the last sitting week for the year, and I would to reflect back on the year. It has been a very busy year but a very productive year, especially for my electorate. I have worked very hard, and I am very pleased to hear that some of the things I promised to deliver are actually happening, especially looking at the advertisements in the newspaper in the past few weeks for the upgrade of the Nakara Primary School - $1m that I promised - and Alawa Primary School for $1.8m.
In addition to that, we have seen the changes in Royal Darwin Hospital, the decommissioning of the incinerator, and the realignment of Trower Road, and the TV reception, something that frustrates a lot of people in the northern suburbs when they cannot watch the rugby, soccer or AFL without ghosting. I am very pleased to hear that many of these issues have been addressed and rectified.
I believe the only thing that has not been completed is the Skateworld park we promised. That is because the Darwin City Council, which I have approached and discussed the issue with, are conducting a review of the swimming pools and, probably in the next few months, we will resolve this promise and will see another entertainment area for the children in Casuarina.
I always enjoy attending events in my electorate and the high school graduation ceremonies that take place this time of the year. I was very proud to attend Dripstone High School graduation ceremony last Friday, 20 November, to farewell the young men and women who have completed their Year 12 studies. They will be leaving to be find out what real life is all about. It was an outstanding night. I witnessed a significant number of students receive awards for the hard work they have done. I was very pleased to attend and to present some of the awards.
I would like to mention some of the students at Dripstone High School who received awards. The Junior School Award was given to Nomikos Rakkas; the Year 12 Aboriginal and Torres Strait student was Simone Liddy; and the Senior School Dux of Dripstone High School were Christina Darkarakis and Vasilios Magriplis. I was very pleased to present my special award, the Kon Vatskalis Achievement Award to Benjamin Anderson. Dripstone is a microcosm of Darwin, kids from any background, all growing together, studying together. I was very pleased to hear the stories they had to tell about their school days and how they are dreaming about going to university or to work and becoming professionals in different areas in life. I congratulate and wish all the best to the graduates. Good luck to Year 11s who are heading towards Year 12 and graduation.
I also enjoy morning tea with the senior people in my electorate. I know we celebrate Senior Week once a year, but I believe for me every week is senior week, because I have senior villages, nursing homes and many senior citizens in my electorate. I always enjoy going to their home to have a cup of tea or coffee, or invite them to my office to share a cup of tea.
I was very pleased to go to Tambling Terrace Senior Village, a senior village run by the Housing Commission, where a number of senior Territorians enjoy life in very beautiful houses with beautiful surroundings. I was a guest at Mr and Mrs Dogou’s house, in the company of Mr and Mrs Sinclair and other people. We had a fantastic morning tea and Mrs Sinclair took me around and showed me her fantastic garden. It is very difficult to imagine, that in 400 m2 somebody could have a two-bedroom house with a magnificent garden. I jokingly refer to it as the wildlife park, because it is absolutely magnificent - full of trees, flowers, birds and wildlife.
Another social club I enjoy visiting is the Happy Migrant Social Club which meets every Wednesday at Casuarina Library community room. In this group, there are migrants, young and old, who are attending classes, learning English and socialising. The oldest student is an 80-year old Chinese lady who is learning English. I was very pleased to invite them to my office in parliament and have a morning tea on the balcony. They were very impressed with the view. I congratulate Ms Cecilia Raddatz, the coordinator, and Randall, a teacher who teaches English to these migrants. Some of them have just arrived from overseas. They have very limited English skills, but they are very willing to learn English and be part of our community.
I was also very pleased to find out that the Darwin City Council has finally made a decision to close, on a trial basis for three months, a laneway that leads from Jocelyn Park to the Casuarina Bus Depot. In the past few months, it has been the focus of antisocial behaviour. As the police pointed out to me, it is used as an escape route for vandals and juveniles, and there is always trouble when the police pursue them. Finally, after many complaints and letters, Darwin City Council, working together with the Casuarina Shopping Square, decided to close that lane on a trial basis from 7 pm to 6.30 am. Hopefully, that closure will lead to peace and quiet for the residents.
I would like to refer to the point made by the member for Brennan regarding his recent trip to Kalymnos and his meeting with many people from Kalymnos who would like to come to Australia - especially people who are not Australian citizens but would like to migrate permanently or for a short period of time. Migrating to Australia is very difficult because the assessment for migration is very rigorous. You have to have skills in the English language, be qualified in a trade and have people here who support you. Some people from overseas cannot meet the criteria, so they fail the migration requirements.
With regard to skilled migration, I have had a number of Greek people complain to me, not only because they could not bring their relatives to Australia to be employed, but also because they themselves could not employ people. This does not only apply to people from Greece, but also from Germany. To give you an example, a family came to me complaining that they could not bring their cousin to Australia despite the fact that the cousin had a qualification and work experience in Greece because the Commonwealth Overseas Qualifications Office assessed him and rejected him. The excuses for rejecting him were that the documents attached to the application were not original documents, or they would not accept translations done in Greece, or they could not see clearly how he was employed before, which I find very difficult to believe. I will be following it up with our officers here in the Northern Territory as well as the officers in Canberra.
On another occasion a person I know very well wanted to bring a person to work in his factory to cut granite and marble. They found a suitable applicant from Germany, but the requirements for that person to come to Australia were so onerous that the person could not go through and accept the requirements and the obligations put to him to bring somebody from Germany to Australia. It appears that it is very easy to migrate from other countries in the world rather than from the European Community. I find it extraordinary that qualified people, people with experience, are knocked back and that the Commonwealth would not consider that in some countries many people are actually learning a trade by experience rather than going to a trade school or a vocational school.
As I have said before, I am at one with my colleague, the member for Wanguri, the Minister for Business and Industry, because we need skilled people in the Territory. There is a significant lack of skilled people. We have lost many skilled people in the past and we need to bring these people back. If we cannot bring these people back, we need to be able to bring people from overseas either for a limited period of time or for permanent migration. The population of the Territory will grow through migration either from industry or from other countries and we have to work very hard to achieve that. I promise I will be working very closely with my colleague, the member for Wanguri.
With the Christmas period now, I was very pleased recently to launch the annual K-Mart Wishing Tree Appeal at K-Mart in Casuarina Square. The initiative is proudly supported by the Salvation Army and K-Mart. This year the appeal’s theme is ‘Every gift brings a smile’, highlighting the tremendous difference that every gift donated will make to a child this Christmas. The appeal has become an important part of Christmas in Casuarina. To participate, just take a gift tag from the wishing tree, buy a present, attach the gift tag and put it under the tree. It is not necessary to buy a present from K-Mart; you can buy it from wherever you like. The gift will find its way to a child in the Territory and bring a smile to a child’s face on Christmas Day. This year, they are expecting to collect 2 million gifts nationally. Here in the Territory they expect to collect about 3000 gifts. I was very pleased that my sons decided that they wanted to make their own personal donations and I was very pleased to put, on their behalf, two gifts under the tree.
I would also like to send good wishes to Mr and Mrs Hugh and Maidie Roberts who, on 30 December, will be celebrating their 60th wedding anniversary. That will be a wonderful celebration, not only the end of the year, but their 60th wedding anniversary. I congratulate them on their long and happy life.
I would also like to say my Christmas wishes to all the people I know, all the people who work with me, all the people who help me and certainly, Madam Speaker, I would like to extend my best wishes for a very Merry Christmas and a Happy New Year to you and the staff in your office. Thank you for all your help during the year and your tolerance and your patience, especially understanding my accent sometimes.
I extend my best wishes to the Chief Minister and all my friends and colleagues and to the members of the opposition. To the Clerk, Ian McNeill, the Deputy Clerk, David Horton, and all the staff of the Assembly for their hard work; to Mr Graham Gadd and his staff; to Helen Allmich and the Hansard ladies who have developed special skills to interpret and decipher my speeches; to Corporate Services and Ms Vicki Long; to Building Services, and the Committee Staff.
In my ministerial office, the hard working staff, especially Mark Hough, Eunice, Ray, Nicola, Chandra, Jailee and James for the fantastic support throughout the year. To my excellent, fantastic, wonderful, overworked electorate officer, Debbie Rowland who is always there, even on Saturdays and sometimes on Sundays, working very hard and helping my constituents in Casuarina and bossing me around to do things that sometimes I do not find the time to do.
To Andrew and Cheryl Fyles, very good friends, who have been an enormous help throughout the year. To the people in my department, hard working people, people in the Office of Ethnic Affairs, the people in Mines and Energy and Primary Industry and Fisheries who work very hard to achieve the things we want to achieve together. I send my wishes to Mike Burgess, the CEO of my department, to John Carroll, the second in charge; and to Jim Laouris who recently took over Ethnic Affairs, and to all the staff.
To the drivers who respond very quickly to things that can change from one moment to another moment, for their skill, dedication and their hard work. Thank you to the people in Protocol for organising the functions, especially in my portfolio of Ethnic Affairs.
To all the school principals in my electorate, Lyn Elphinstone from Dripstone, Barry Griffin from Nakara, and Sharon Reeve from Alawa; to all the teachers, staff and students at Alawa, Nakara Primary and Dripstone High Schools who do a tremendous job. I look forward to seeing them all bright and happy, ready to start a new year in 2005.
To the police force at Casuarina Police Station, Murray Taylor and Mike Reed and all the police men and women who do a fantastic job in Casuarina. I have seen them on their motorbikes, and on their bikes and foot patrols, and certainly the situation at Casuarina has changed tremendously in the past few years. I congratulate them for an enormous effort and a quick response to any request I make.
To the media, our best wishes for all the good and the bad stories. As my colleague, the member for Arnhem mentioned, we have developed a very strong relationship and we will be celebrating soon at the media parties.
I extend my special wishes to my family, my wife, Margaret, and my children, Alexander and Michael, for their tolerance and patience, especially when Michael sometimes says: ‘And when is going to be the next time that we all sit together as a family to have dinner together?’ after long trips, which actually breaks your heart, but is part of the job.
I extend, at this time of political correctness, my wishes to all Territorians for a very Merry Christmas and a Happy New Year.
I was very disappointed to read in the newspaper the other day that a couple of religious teachers told their children there is no such thing as Father Christmas. Well, Madam Speaker, they are absolutely wrong. There is Father Christmas, or I should say, there was Father Christmas. In Europe, they call him Santa Claus, Father Christmas, Saint Nicholas, but his real name was Saint Basil and he was the Bishop of Caesarea. The story of Father Christmas started many years ago when Caesarea was still a Roman province, and the provincial governor decided to send a big present to the Emperor of Rome and directed every person in his province to donate one of the most valuable things they had, and they had to deposit it in the Royal Treasury by a certain day, which happened to be before the end of the new year.
The people in the area were not very rich, they were very poor, but everybody donated a ring, an earring, a golden coin, so a large amount of gold and jewellery was collected by the Royal Treasury. That night, when the Provincial Governor went to bed, he dreamt that an angel came and warned him that he was going to die because of they way he was treating his people. So the governor, in his fear, the next morning called the Bishop of the city, and the Bishop was Basil, and he told him about his dream. Basil told him that he had to give back all the jewellery to the people. But as there were no receipts or official records he did not know what to do. So he asked the bakers of the town to bake pieces of bread and in each one put one of the golden coins. Next morning, which happened to be 1 January, in front of every door was a piece bread. When the people cut it, they found a golden coin. This tradition is still followed in Greece. Every 1 January, they have Saint Basil’s pie, as they call it, which is a cake with a golden coin in it. So, Madam Speaker, there is Father Christmas, after all.
Dr LIM (Greatorex): Madam Speaker, I would like to report on the trip I recently made to India and Malaysia as part of my attempt to learn more about early childhood education.
Whilst I was in New Delhi, I had a detailed briefing at a round table with the Australian High Commission in India, and received a detailed briefing from Austrade about opportunities in the burgeoning industrialisation of India.
Interestingly, when I was there, the Premier of New South Wales, Bob Carr, was also there and the High Commissioner advised me that two weeks prior to Bob Carr turning up, Mike Rann, the Premier of South Australia had also visited New Delhi and the High Commission. Two weeks before Mike Rann, Peter Beattie, Premier of Queensland, also visited New Delhi and attended briefings at the High Commission. She commented that, with all these leaders of each Australian state coming through, maybe it is time that the Northern Territory also had its ministers attending India. When I asked why the sudden interest in India, and three premiers visiting just about every second week between September and October, the comment made to me was that people in Australia are starting to recognise that India is a burgeoning country with huge growth and growth potential, and Australia has now taken a sudden interest in it. I advise the Minister for Asian Relations and Trade that it is time he cast his eyes across to that part of the world also. It is not that much further from Darwin than Tokyo, for instance.
India’s population is 1.2 billion already, and I suggest to you that, over the next 10 years, it is going to pass China in population growth. It has 16.7% of the world’s population, 54% of whom are less than 25 years of age. The wealth in that country is tremendous while, at the same time, you see immense poverty amongst many of the Indians in the lower caste. It is the world’s second-fastest growing economy with growth rates of about 8%. Although agriculture is the major source of employment, in technology, particularly information technology, it is now very much coming to the fore. India’s foreign exchange reserve is something like $US119bn, with around $US15bn of foreign investment. Between Australia and India, there is significant investment as well, worth about $A1bn in bilateral investment.
When I went to India, I also wanted to look at call centres and what call centres can do for the economy of a country or a community. The Centralian Advocate wrote quite a positive article about my trip, whereas the Northern Territory News decided to give me a bit of slap on the knuckles for even daring to go there to look at that, and was quite disparaging in its comment about my wanting to study the effect of call centres.
I visited a call centre which is part of a business located in Australia to see whether call centres deprive Australians of employment, or whether they generate employment, and to see how they perform their functions. New Delhi has 1000 call centres, ranging from a few seats - which defines the number of operators working at the call centre - to one that has 14 000 seats. Some call centres are there to provide help; a call centre where operators receive calls from all over the world to provide support in IT, answering calls about broken down washing machines to ordering pizzas, or whatever.
There are other types of call centres which are telemarketing centres and, depending on which call centres you talk about, one call centre such as the one which provides a help centre would actually cost jobs outside Australia, whereas a telemarketing call centre would generate jobs in Australia.
I will explain a bit more. Take, for instance, a company like IBM. I know IBM has a call centre in New Delhi. IBM sells computers, calculating machines, and cash registers. If you have a problem with an IBM computer and you need support, you pick up a phone and dial a 1800 number or a 1300 number. That call will be transferred to New Delhi where an IT expert or help person would talk you through the problem. You talk to the person, discuss the issues and, sometimes, they can talk you through your problem over the telephone while you are in front of your computer, and you get your problem sorted out. Or perhaps you want to buy a Dell computer. You ring a 1800 number and you are, in fact, connected not to New Delhi this time, but to Penang, Malaysia, where a salesperson will sell you a Dell computer over the telephone. It is then mailed by air express to your home within a couple of weeks. You have those sorts of call centres where they provide a service.
Obviously, a call centre such as that can be just as easily based in Australia or in India. The reason why businesses have based their call centres in India is because of the cheaper running costs of those call centres. The labour cost is cheaper so your nett employment costs come down. In terms of other business infrastructure such as floor space leased, electronics, etcetera, that would cost more in Australia compared to India. Therefore, you would use India as your base because of the cost effectiveness.
Surprisingly, the cost of a phone call to these call centres is very cheap compared to a local call cost in Australia. Normally, when we pick up a telephone and ring a local number, it will cost anything from 15 to 25 Australian, which works out to be about 15 to 18 US. In India, to make a phone call from New Delhi to Australia would cost about 2 US. It is cheaper to ring into Australia from New Delhi than it is to ring a suburb of Darwin from Darwin. Therefore, from a business point of view, it is cheaper to have a call centre in New Delhi. There is a cost saving, so you have your call centre in a country that has cheaper labour.
Yes, those sorts of call centres will cost jobs for Australia. Is it right or wrong? If it is too expensive, would a business open up a call centre in Australia? If the business will not open up a call centre, how do clients then get service? By mail or other means. Let us all go down to your local retailer who would then provide you with support. Whether it be a computer or something else, you can still go down to your local supplier, I suppose, and get support.
The other type of call centre is a telemarketing call centre. Here there is a significant difference. A company in Australia sets up a call centre in New Delhi. You either purchase a building or lease a floor space. You purchase or set up your own electronic infrastructure, or you lease the equipment for the period of time that you want to use the call centre. Then you employ the staff. The staff are currently being paid almost twice the average wage of a professional working in India. The call centre I visited employed doctors, nurses, and lawyers who had formerly worked for government, because the call centre paid them more in wages than they would be earning working as a professional for government. All the employees in the call centres are university graduates. All the university graduates are looking for employment with a call centre. When you have 1000 call centres that have a few seats to 14 000 seats there are huge openings in India for such employment.
The operators, through an automatic dialler, randomly ring into Australia using the white pages, for instance, and the telephone number is linked to a name and address in the white pages, and talk to the person. A name will flash up on the screen, a standard script would be read out to the person who answers and from there the operator tries to engage the person on the other end of the telephone asking them whether they would be prepared to spend a couple of minutes of their time talking to a salesperson. That is all they want to know. The average call would last for 30 seconds. So an operator in an hour would generate something like 120 calls into Australia at US2 per call. In a day of 8 hours working at 120 calls per hour, you are looking at something, like 900, nearly 1000, calls per person.
If an operator making 1000 calls per day generates even 5% leads for the company - in other words, out of 1000 calls that operator makes that operator can get 50 people saying, ‘Yes, I will talk to you salesman’, that list of 50 would then be transferred immediately to another call centre, this time based in Australia, where a salesperson speaking the Australian vernacular would ring up those 50 leads in the hope that they will be able to convince a few of the 50 leads to buy their product. Out of that 50 they look for about 25% conversion from leads to customers. Once they do that then they get a commission from the company selling that product.
That is how they do it. So that sort of call centre generates jobs for Australians. So before we start saying, ‘No, we must not outsource our call centres to overseas countries’, we need to think about what sort of call centres they are. If it is a call centre that provides services into Australia then I believe there is an issue. Then again, you need to ask the question: if it is too expensive will a business set up a call centre in Australia? The other type of call centre is a telemarketing call centre which generates employment and productivity for this country and perhaps they are the ones that we need to seriously consider as something very positive.
The call centre I looked at was not very large with around 75 seats which telephone only into Australia. For instance, General Electric has 14 000 seats. One-third of them will work one shift that services Australia; the second shift services the United Kingdom and Europe; and the third shift services the United States and the American continent because of the time sequence. That call centre works like a factory for 24 hours; the machinery does not stop. The people change shifts but the electronics keep going 24 hours a day and that is how they generate their income. It is quite amazing to see them at work. It very loud and very noisy, but because of noise cancelling headsets …
Madam SPEAKER: Your time has expired, member for Greatorex.
Mr STIRLING (Nhulunbuy): Madam Speaker, Alcan has announced the signing of a gas agreement with the Blacktip Gas Project for the supply of natural gas to Alcan Gove’s alumina refinery. The signing of the agreement represents significant milestones in the development of the proposed trans-Territory pipeline. Supply of natural gas to Gove will replace imported oil as a primary energy source for the Gove refinery and with the expansion will provide Alcan with an improvement in overall aluminium production costs.
It is expected that the tender process for companies seeking the right to construct, run and maintain the trans-Territory pipeline will be completed during the first quarter of 2005. Alcan’s contribution to the Northern Territory economy was recognised by an NT Export Award. Congratulations to Alcan, which has sustained its export performance over many years in an increasingly competitive alumina market.
Congratulations on the Tidy Town Award recipients recognised recently in an awards ceremony at the yacht club. Receiving awards were the Gove Yacht Club, the Ryffel family, Tom Brown, Rogers Transport, Brambles Gove, Jock Laird and Daniel Yunupingu. These people were all recognised for long standing and significant contributions to litter control in the East Arnhem area.
Nhulunbuy Primary School travelled to Dhalinybuy to participate in a shared sports day recently. I commend the communities for their initiative and focus on cultural sharing. The day is not a competitive sports day; it is an opportunity for students from very different walks of life to mix with each other, share life, make new friends, and fish for barramundi in their favourite waterhole on the Cato River.
Exchanges between schools of Nhulunbuy and Yirrkala Homelands is difficult owing to distance and the expense of travel, but there is a concerted effort to overcome these obstacles and generate greater cohesion between the local schools. Dhalinybuy teacher, Gurumin Marika, is excited about more exchanges, and is looking forward to his students coming to Nhulunbuy to see the town kids at their school. Congratulations to all involved in coordinating the school exchange and promoting an important step of cultural understanding for students both at Dhalinybuy and Nhulunbuy.
Music is a powerful tool and at the Yirrkala CEC, this tool is being used to improve the attendance and teaching outcomes at the school. The year has seen the continued success of the music program which has gained national attention and improved outcomes for student attendance. The program was initially set up by the Yambirrpa School Council, which employed Northern Territory School of Music staff to teach the students instrument skills. Yothu Yindi bass player, Stuey Kellaway, and music teacher, Jo Taranto have seen the students become confident performers and confident song writers in their own right.
Since the program began the students have jammed with well known Australian musicians such as Paul Kelly, David Bridie, Paul Mac, Mandawuy Yunupingu and Peta Morris, to name a few. This year, the school band, consisting of 18 secondary aged boys and girls, travelled to Sydney and country Victoria for a series of well received performances at a host of primary and secondary schools, Deakin University in Geelong and the Sydney Maritime Museum.
Many of the students are enrolled in the Northern Territory Certificate of Education Stage 1 or 2 Music and English, as well as Certificate 1 or 2 in Music Industry Skills, and this trip was incorporated into their studies. Well done to the students for outstanding success on tour and in the classroom, and to the principal, Leon White, teachers, Stuey Kellaway and Jo Taranto, for their initiative in setting up such a fantastic program for the students with such outstanding success.
Marthakal Homelands Resource Centre and Mapuru Food Cooperative have been recognised nationally for its Mapuru Food Cooperative, tagged as an important heart health initiative in the 2004 Heart Foundation Kellogg Local Government Awards. The awards recognise local governments pro-active in community-based initiatives which promote and support cardiovascular disease prevention. This self-help project was started as a way to provide nutritious food for a remote homeland community whose only access to a store was via chartering an aircraft to Elcho Island. It has enabled the homeland’s school teacher and students to develop a curriculum based on planning and running a co-op to develop their literacy, numeracy, health, and enterprise understanding and skills. Mapuru Food Cooperative is an outstanding example of a smart heart health program and has received the national award for the Small Rural and Remote Community Project. Galiwinku will celebrate this project on Thursday when the award will be presented. I wish them well as the project continues to grow, promoting healthier lifestyles within Yolngu communities.
When Community Cabinet came to Nhulunbuy, one of the issues raised was the need for a multicultural committee to be reignited. I am pleased to report the committee was formed under the leadership of Hala Tupou and Gil Avila, and I was indeed privileged to share in an evening of cultural experience last Saturday at the Town Hall. The evening was MC’d by Banambi Wunungmurra who contributed to the evening’s success, and with a smorgasbord of various cultural dishes and entertainment, and a large, appreciative crowd, we look forward to the cultural evenings becoming a regular event. Thanks to Hala Tupou, Gil Avila, Banambi Wunungmurra, and all those involved in providing a great night’s entertainment for the community.
As local member, I take this opportunity to thank the schools, local industries, government departments, Alcan, Yolngu community organisations, and the general public for their valuable contribution to a great region. I wish everyone a safe and happy Christmas.
In addition to the many people from my electorate I wish to acknowledge, I also pay tribute to people with whom I work in my ministerial and parliamentary role. This year, October 27, marked my 14 years as a member of this parliament. I am now the ‘Father of the House’ in the quaint old term of Westminster history. No one of the original members of this Assembly I started with, either on my side or in the opposition, remain from those days, but there are people who do, and I would like to mention some of these tonight: the Clerk, Ian McNeill, a wonderful man. I have had many good hours of advice, Madam Speaker, but many lousy tips! I wish him well for Christmas. The Clerk Assistant, Graham Gadd, is another feature of this place and a top bloke; and Serjeant-at-Arms, Helen Allmich, the second woman in Australia’s history to become serjeant; and the Clerk of Bills and Papers, Steven Stokes, a great footballer and a top bloke.
Someone we do not see in the Chamber, but has been here helping politicians for many years is Gay Lovett from the Parliamentary Library; she is a gem of history and knowledge. Tony Hibberd keeps the lights going and the building ticking over, always with that infectious smile. The Hansard crew – many people from years and years – a happy Christmas to each of them and may Santa bring you articulate debate in 2005. To other parliamentary officials, all the best, and to those who keep the place going and services up to members.
I also thank the security staff – Warren, Esther, Rick, Tarni, Don, Shane and the gang. I pass on seasons greetings to Parliamentary Counsel. Having an activist government is not the best possible outcome for parliamentary drafts folk. Judging by the amount of legislation being attended to this week, it is easy to see just how hard these people work. For my own part, I am particularly grateful for the work done on the Portable Long Service Leave Bill in quick time.
I thank school teachers, school council volunteers and the school administration staff for their continuing dedication to students and to getting education right. As members know, there are always many issues in education. I felt pleased this week to be announcing a pay rise for administrative staff in schools. It is a deserved rise for people who work above and beyond the call. I also thank DEET and WorkSafe staff in offices around the Territory, Chief Executive Peter Plummer and his extensive team, who offer strong support and advice to government. I have now visited around 140 schools across the Territory in all sorts of locations. I have unfailing respect for the job our schools and teachers do.
I thank Jennifer Prince and the staff at Treasury; and Elizabeth Morris and the Racing, Gaming and Licensing staff. Putting the budget together is no mean feat. It is an exhausting and long process. Treasury do that, and advise government across the whole-of-government and they do it in a fine way. Elizabeth was a great pick up for Treasury from the Department of Justice. She has not yet gotten hooked on pokies or having a flutter on the office race horse, but I am sure we are not too far off in getting her down that path.
I thank John Kirwan and his team from the Office of the Commissioner of Public Employment. Again, an incredible bunch of hard working, dedicated public servants, engaged in some quite stressful EBAs at the moment. They have my best wishes for the Christmas period. I wish John Flynn, the Board of TIO, and Mr John Tsoroutos, our dynamic General Manager of TIO, as well as the staff, a prosperous 2005.
The private sector – I hope the economy of the Territory continues its major growth and strengthening in 2005 in the way that 2004 has turned around. To the many business people I meet every year, I wish you well. To business representatives, John Baker, Greg McLaughlin, Kevin Peters, Rick Paul, Ray Walton and Wayne Zerbe, I thank you for your work throughout 2004 and look forward to working closely with you throughout 2005.
I send my Christmas and New Year greetings to the union movement. No doubt, the industrial relations agenda of the Howard government will keep many of us busy throughout 2005. I wish them well in protecting the rights of workers that could be well beyond a wholesale assault past mid-next year, and the Labor government will work alongside them.
I wish to express the thanks of government to all public servants, more than 16 000 staff, almost 2000 of whom are in remote communities, who keep the business of government ticking over efficiently. They have my heartfelt thanks and I hope they have a great Christmas and New Year.
I wish colleagues in the government a well deserved Christmas break and, hopefully, a successful 2005. To opposition members, a Merry Christmas. Thank you, Gary and the drivers for all you do. You do a great job of getting our ministers to all sorts of places where they need to be.
Mr Deputy Speaker, I wish you a wonderful Christmas – a warm one. It will be for Madam Speaker in Central Australia. Thank you to your staff for their ongoing assistance throughout 2004. Member for Nelson, have a great Christmas break. I thank the staff of all ministers’ officers for their help throughout 2004 and wish them all the best for Christmas.
Finally, to my electorate staff, the two Jennys, and my own staff upstairs who work so hard to see me supported at all times; it is genuinely appreciated.
Ms CARNEY (Araluen): Mr Deputy Speaker, I rise to talk about a couple of health issues, one in particular on behalf of a constituent. The government, or government members - I think the Chief Minister and the Health minister - have been sent an e-mail from a Michael Bongiorno in relation to the position he and his wife, Melinda, find themselves in at present.
These people live in Alice Springs and, therefore, if they want elective surgery, are part of the 1400 people in Alice Springs on the waiting list for elective surgery. This figure was confirmed by the Health Department in the last month or so. Interestingly, the Health Department - I think in a media statement - said that there are about 1300 people waiting for elective surgery in Alice Springs. The minister then came out and said it was just in excess of 1400 people. That is an appalling situation. I have been reading through some of the Parliamentary Record and noticed that, when Labor was in opposition, it had much to say about how outrageous it was for people to be on waiting lists for long periods of time. Well, I doubt there has ever been anywhere near that many people.
Mr Bongiorno and his wife were told, very recently by a practitioner at the hospital, that it could take a very long time, indeed, for his wife to have a cataract operation. The Bongiornos speak very highly - as do I - of the hospital staff and were very happy with them. However, they were devastated to hear that the cataract operation could not be done for many months - probably even a year or so. They then needed to have a think about what they were going to do.
I have been advised that these people have now booked a trip to travel south at considerable cost to them. Mrs Bongiorno will be having her cataract operation in about a week. Interestingly, she is a public servant who needs to take five days off her sick leave. The costs of going to Adelaide of course are not covered. It is a cost to government; a cost to all of us, that this woman has to go south. Any government worth its salt strives to ensure that the people it governs have some basic health needs. Fourteen hundred people on a waiting list clearly shows that this government has failed when it comes to health.
I would like to read a couple of extracts from Mr Bongiorno’s letter to the Health Minister and the Chief Minister. He said that, having been advised that there was a minimum wait of three months, and I quote:
This is totally unacceptable. We do not live in a one-horse town. The facilities available here are
of above average standard. Why then do we have to wait? My wife will have to endure blurred
vision for the next three months. Already she is loath to drive a motor vehicle. Another option
available to us is to have the operation done interstate, but why should we?
Since sending that e-mail dated 26 November, they cannot tolerate it any more and they need to travel south. That is an appalling situation. Interestingly, in reading past Parliamentary Records, the Labor Party has been consistent in the sense that, when in opposition, they opposed the private hospital in Alice Springs - they do so now in government. It is clear that much of the work that comprises elective surgery can be done by specialists. It is generally considered that it is high profit/high turnover, and that private hospitals are well suited to doing this type of work - in a general sense. It, therefore, follows, in my view, that this government should revisit what seems to me is a left-leaning philosophical objection to a private hospital in Alice Springs and should reactivate it.
If this minister, or this government, is serious about health - and all of their press releases assure the readers that they are - then what on earth are they doing about the 1400 people in our town of Alice Springs waiting for elective surgery? It is not good enough. This is at a time when the health budget exceeds - I think it is - $620m and government has been crowing and crowing about the additional expenditure in health which, no doubt, has come as a result of the additional $500m from GST revenue. This government has a lot of money. What is happening to it, where is it going, and why isn’t it helping the people in Alice Springs in my electorate and the likes of Mike and Melinda Bongiorno?
What words of comfort does the minister have to say to others; the bloke with the sore knee, the woman who needs a hip replacement and so on? Under this government they say, ‘Go south because we will not give you a private hospital. Despite having all the money in the world we will not do it for you’. That is an appalling situation, absolutely appalling.
While I am on the subject of the Alice Springs hospital, it is appropriate to not let the minister off the hook regarding the propaganda circus that preceded the announcement of the appointment of two anaesthetists to Alice Springs. There was great fanfare, the minister’s office ensured that local media were all assembled and were told how wonderful it was that two anaesthetists had been appointed. The anaesthetists by the way may, and I stress ‘may’, shorten the waiting list but there are no guarantees in that regard and, in any event, I understand that neither of them are going to start until February.
We, and my predecessor, the member for Port Darwin, have consistently called on government to appoint anaesthetists. The government has flown in local anaesthetists from interstate at a great cost of about $2000 a day from memory, and despite the huge resources of government and despite what the government says is its commitment to health, they have not done it. All of a sudden they got two anaesthetists and of course we welcome their appointment. What we have difficulty with, though, is the politicising of these anaesthetists and their appointments. What happened was that it probably got front page, but the people I spoke to, some of whom work at the hospital, said to me, ‘What is the big deal? That hospital has employed hundreds of anaesthetists over the years’. This is part of a health minister’s job. It is about appointing the right people, getting the right people, skilled people in a health system and in particular our hospitals.
So what might be considered in other jurisdictions as a pretty routine event, namely the appointment of staff that the people of Alice Springs well deserved, was pumped up and puffed up to make it look absolutely miraculous. It is not miraculous that the people of Alice Springs get two anaesthetists. What is miraculous is the way in which the government packaged it to make it appear miraculous. The people of Alice Springs are onto this. They do not tolerate it.
I note the member for Wanguri has wished me a Merry Christmas. Well there are two more days of sittings and I am happy to pick up his interjections. I, unlike some people, am not about to use my time in parliament, for which I am very well paid, to stand here for one out of three nights wishing all and sundry a Merry Christmas when I have the pressing need of constituents who quite rightly contact me and government and I, in line with my duty to them, raise this issue for the benefit of the government. If the member for Wanguri, the Leader of Government Business, Paul Henderson, wants to sit there and wish me a Merry Christmas, and obviously he thinks the health of my constituents is not a very serious matter, I strongly disagree with him, and his behaviour is nothing short of offensive.
I will be wishing Mr and Mrs Bongiorno a Merry Christmas but I am not sure that they are going to have one having had to endure the need to drive south for the very treatment that they expect and deserve from their local hospital. Three years, lots of money, lots of commitment, lots of press releases and these people still have to drive south. This is Alice Springs in 2004, and it is simply appalling.
On the question of health and in a short time I have left, it is appropriate - and I raised it today in reply to a ministerial report about breast screening - for me to repeat the concerns I have in relation to a briefing about health. As members know, I was appointed shadow Health minister five or six weeks ago. We arranged a briefing. I had a briefing via video with the CEO of Health, Mr Robert Griew, and a staffer on 26 October. There was one hour allocated to Health - one hour. At the end of that, I said I had a number of other questions; there were 21 questions. I went back to my office and faxed them to the minister’s office. There was an understanding that not only would my questions be answered, but they would be answered in a timely manner.
I asked for them to be answered in a timely manner, noting that the Minister for Health, who is also Attorney-General, has only recently replied to some of the 71 questions I asked him about the May budget in June. He has answered about 40 or so of them. I gather the remaining 30 might come possibly by Christmas.
However, I asked for a timely response in relation to questions and I do not have a response. These questions were not rocket science. The questions I had left over from the briefing is information that would be routinely provided to any Health minister; simple questions such as: ‘How many hospital beds are there at each hospital in the Northern Territory?’ If the Health minister does not know the answer to that, I am absolutely flabbergasted. I know the minister and his staff and his department know the answer to that, but what is happening is that the minister, and I can only assume his office, are actively and wilfully obstructing me in the performance of my duties.
I am happy to table a list of questions, but they are attached to a media release that went out recently, which was headed: ‘Government makes a farce of its call to ‘get a briefing. I did, but where are the answers?’ Members of the government come in here on a very regular basis and squawk, ‘Get a briefing, get a briefing, get a briefing’. I did try to get a briefing and I do not have the answers. One hour on Health is an appalling allocation of time.
What is worse, though, is that of the pretty basic 21 questions left, I still have not received an answer. I wrote to the Attorney-General on 26 November. The letter was faxed to his office. Among the things I said, after giving the background, was that I am extremely concerned about the time being taken to provide answers. I also said and I quote:
- I am sure that you will agree that the questions faxed to your office on 26 October are not of themselves
difficult and the answers to them would be, presumably, routinely provided to you. I am concerned that I
am being obstructed in the ability to perform my function as shadow Health minister by the delay caused in
providing answers to the apparently straightforward questions provided on 26 October. Would you please
provide me with the answers as soon as possible so that I can be fully apprised of relevant matters
pertaining to Health and also in order that I may perform my function as shadow minister for Health?
Mr Deputy Speaker, this is a serious issue. This is a government which collectively says that they are open and accountable. Well, the evidence cannot be refuted. They are not open and accountable. They are devious in the way they conduct themselves. When a member of parliament, a shadow Health minister, and indeed in my other capacity as shadow minister for Justice, I want simple answers to simple questions, many of which are asked either, in the case of Justice, on behalf of the members of the legal profession or, in the case of Health, people involved in the Health department who have suggested to me I should ask a question because the answer could be interesting or we don’t even know, so please ask it.
This is an appalling state of affairs as is the 1400 people in Alice Springs waiting for elective surgery. I am not confident that the minister or government will be able to do anything about it, but I heartily urge them to do so.
Mr BONSON (Millner): Mr Deputy Speaker, I rise to thank a few people as we come up to the Christmas period. I take this opportunity to wish everyone a Merry Christmas and a joyous New Year. It has been a great and prosperous past 2004, and I am looking forward to a great 2005.
As many members would know, it is very hard to fulfil your duties without the assistance of many people. Those many people make up a team, and that team is what you are as the local member. Of course, you bring those supporters with you and others come for the ride. But, without those supporters, you cannot be a success.
First of all, my thanks must go to my electorate officer, Steve Brennan, who has done a fantastic job in the two years or so that he has been involved with me as the member for Millner. He works tirelessly. He works weekends, he works long hours, and he enjoys the work that he does. He operates under a lot of pressure, like all of us do in this position, but when we get results, it is very satisfying. I thank Steve for his commitment over the last two years and, as we run into next year, no doubt the workload will get bigger and bigger.
I thank the many volunteers who come in at different times and help me out. Janet Roe donates many hours to my office. She is retired but enjoys contributing to the general goodwill of our community. She is a very one-eyed St Mary’s supporter and has just become a member of the St Mary’s Football Club committee. She often comes in, answers phones, does filing, helps out with the newsletters, and provides genuine advice about what is happening out in the community.
I thank Maureen Hack who is a member of the Coconut Grove Seniors Hall. She often comes in and assists with the many duties that it takes to be the local member, from assisting with names in the newsletter, to letterboxing, to helping out at functions, to identifying and organising people who might be interested in different events.
Auntie Joan Angeles, whom I have known all of my life, is a mad, one-eyed Darwin Football Club Buffaloes supporter. She has lived in the electorate for many years and has been of great assistance to me as a volunteer.
Local identities like Ron Riddle who, over many years has helped Labor candidates ...
Mr Henderson: Hear, hear!
Mr BONSON: ... in Millner. I notice the member for Wanguri, the honourable Paul Henderson, says ‘hear, hear’, because without people like Ron Riddle the Labor Party cannot be a success. He helps out with the letterboxing and any other functions that I am involved in.
I thank my cousin, Anne-Marie McLeod, for the work that she does; answering the phones, filing, and all the work that it takes to make a good running and working office. Ray Dunn, Jean Dempsey, Marian Patterson all provide great work over different periods of time and I wish them and their families a Merry Christmas. I know Marian is an avid football supporter and her son, young Matthew Patterson, is now playing A grade for St Mary’s Football Club. They live in the Millner area, and they do a fantastic job around the area in supporting me and just being a good part of the community.
Michael Cubillo has been one of those tireless workers who often go unthanked in the neighbourhood for things like letterboxing. He does not look for any attention or any reward, but just likes to lend a hand. Michael, to all your family, I wish you a Merry Christmas, and there are number of them who live in the Millner and have been there for many years.
Norm Hoffman and Tania - to you and your kids, thank you for the help and support you give me in the Millner electorate. They are long term residents of Millner and I thank them for the help they give me around the Bagot Community as well.
I thank Ken Jackson from KV Printers for all the good work he does for me with printing and designs and donating material. I thank you for all the effort you have put in over the last year.
Aunty Pat Bonson often comes in and assists in the office, answering phones, doing letterboxes, phone canvassing - all this different type of work that needs to be done as your local member. I would like to thank all of you for the work that you did. Thank you, Aunty Dotty, for coming in and donating your valuable time. My father-in-law, Ziggy Vogt, often drops in and does numerous hours of volunteer work, and I thank him for his effort. I thank my wife, Mona-Lisa, for putting up with me and the long hours that we often have to work. She is very supportive and, with all her local connections around the area, it makes my job much easier.
I would like to wish a number of people a happy Christmas and a Happy New Year. Frank Moukaddem does a fantastic job in Coconut Grove and keeps an eye on the community and gives me informed information and advice on how to become a good local member. I appreciate all the hard work of all the volunteer hours that he puts in. Bronwyn Butler is another person in my electorate who works tirelessly on my behalf and for the Australian Labor Party. We cannot underestimate the work she puts in and the hours she spends above the call of duty.
Big Joe Gallagher is a mad Celtic supporter which I will not hold against him - I must admit I have swung over to following them as well. He does a lot of good work in my area and supports me. John Oliver and his wife are fantastic supporters of mine. I could not do without people like the Olivers, who are genuine, hardworking people who donate hours and hours to my electorate office to make things work, and give up their own private time on weekends to attend barbecues and run sausage sizzles. These people are genuine, hardworking people who really put in a fantastic effort to support me, and I wish them a Merry Christmas and a Happy New Year.
Amanda Rigby has done a fantastic job while in the Millner electorate. I thank Nicole Lewis for the hours that she donates. Peter O’Hagan has been a fantastic supporter of mine and of anyone involved with the Millner electorate. He has fantastic local contacts, and I am sure that he would make a fabulous member for Millner if given the opportunity. Hopefully, he will not get that opportunity for a while! He is the type of person you would love to have assisting you in your area.
Cathy Spurr also lives in the Millner electorate, and does fantastic work ensuring that the Millner electorate is well looked after and represented by a good local member. She does a lot of work keeping me honest. Darryl Spurr donates many hours assisting me behind the scenes. Pat De Ramos-Bremond is a fantastic assistant and works valuable hours that I can only begin to thank her for.
Without characters like Michael Lemon and family, it is not worth representing the people of Millner. Michael does a fantastic job when in town and assists me in becoming a good local member.
Brett Walker also lives in my electorate. I know he has a busy job at the moment, but his support over a long period time is welcomed. As a new member, he was of great assistance and I hope he continues his good work in what he is doing right now in the Millner electorate.
On a sadder note, I would like to talk about a good friend of mine, Michael Edwards. Known to his friends as Wally, he was a great mate. I grew up with him from early high school years – well, even longer; as far as I can remember. His family and his brothers, Tim and Patrick Edwards, I count as good friends. His parents, Stem and Jackie Edwards, are great Territorians, great people. Unfortunately, Wally passed away recently in a car accident. It was a tragic loss for all those who knew this man.
It is surprising how God works in mysterious ways. A month before he passed away he appeared in the local NT News and on the television as a person who heard someone unfortunately getting mugged. He came out of the residence he was in, saw this young fellow running away with this bag, chased him down the road and caught him. This was the type of character Michael ‘Wally’ Edwards was. He was my age, about 33, but he deliberately told the media, both the NT News and the news crews that he was 28 years old. It was like an in-house joke. All of his friends knew his real age and that he was lying about his age but it was one of the last practical jokes he played on the general community. It summed up the man as well.
He was a person who would assist anyone of any walk or background. Michael ‘Wally’ Edwards, it was fair to say, was a very strong character in everything that he did. He had strong views, strong opinions. What I liked about Wally Edwards was he was a very fair man and he treated everyone with respect. I was asked by Stem and Jackie to do the eulogy. But I said to them, ‘Look, to be honest with you, Stem, I couldn’t do the eulogy because I am a bit of big softie.’ I was worried that I would not be able to talk at his funeral without going to tears. I nominated a good friend of ours, Stewie O’Connell and in partnership we came up with a eulogy which hopefully summed Michael ‘Wally’ Edwards.
In the eulogy we said that Wally was the type of person who could be out at a remote pub, sitting with the locals and drinking a beer and communicating at any level. At the same time he could be invited to Parliament House and mix and mingle with people who might come to a function in Parliament House, and anyone in between. That was the type of character he was. He was one of those guys who loved hanging around the locals from all different backgrounds, all different cultures, all different colours, all different walks of life. He enjoyed people’s company.
It is fair to say that he was a great sportsman in his own right, particularly in rugby league, but he also enjoyed Aussie Rules. He enjoyed the physical contest, and the toughness of the challenge of who he was playing against.
Michael ‘Wally’ Edwards was a very tough man, a very physical man. I suppose he came from the old school. The school that said that you stood up for yourself, you spoke your mind, you backed yourself, and your word was your bond. Sadly we lost him only a few weeks ago at 33 years old. The mark of the man was some of the notices placed in the paper; the different types of notices that were published and the number of notices put into the NT News. It was an amazing thing to see.
I attended his funeral and it was probably the largest funeral that I have seen in Darwin. The thing about it is that this man was just a ‘local’ in a literary sense. He was not a dignitary, he was not a multimillionaire. He was just a person, a character who makes up what the Northern Territory is all about. People came from all different walks of life to show their respect to not only him as an individual but to his family, and because they are just great people. And good people you do not find like the Edwards family. Travelling out to Thorak Cemetery I have never seen such a long line of cars attending a funeral in my life, unfortunately, for a sad occasion.
People spoke on his behalf at the funeral and also at the wake. Unfortunately, I could not attend the wake. It was one of the most outstanding wakes anyone could have. As a good friend of ours said, it was unfortunate that the person who would have enjoyed the wake the most could not be there – and that happened to be Michael ‘Wally’ Edwards. There was plenty of singing and dancing and story telling. Michael will be sorely missed by all his mates and friends. We wish all of his family, Stem and Jackie, Tim and Pat, Jodie and daughters, Shailee and Misha, all the very best. We will never forget our good mate, Michael ‘Wally’ Edwards.
Mrs MILLER (Katherine): Mr Deputy Speaker, I, like the member for Araluen, am a little confused because it feels like we are having all the Christmas spirit and it is Tuesday night and I do not feel quite in the Christmas spirit yet.
Tonight, I put on the record my concerns about the announcement that Airnorth will discontinue services through regional Northern Territory and the route which links Darwin, Katherine, Tennant Creek and Alice Springs.
This very important service was first introduced by TAA and Ansett in the mid-1960s with a seven-day parallel service. TAA pulled out of the service in 1980 and Northern Air Charter continued operating for the next 12 months. Ansett revived the services dropped by Northern Air Charter in 1982 and continued until 1990. Airnorth took up from there in 1990 and is still providing the return service 14 years later, albeit scaled down to three days: Monday, Wednesday and Friday.
While this scaled-down service is not as convenient as the previous six-day service, the public has adjusted to it, and it still provides a convenience for Katherine and Tennant Creek. This return air service to regional Northern Territory has never been profitable; we all know that. It has always been a subsidised service. It is one that Katherine and Tennant Creek have benefited from. In the early days, TAA and Ansett were subsidised by their east coast routes, so subsidies have always been integral to the survival of this route.
The RAAF also made a commitment to utilise the passenger service for their personnel, but that has not eventuated to the extent that was first indicated due, in some part, to the size and weight of luggage that RAAF personnel are issued when deployed, and which is not acceptable on the passenger service.
The residents of the Northern Territory who live outside of Darwin are often heard to refer to the Berrimah Line. I can assure you that saying has changed over recent years to now being the ‘Berrimah Wall’, and, unfortunately, the layers of bricks are still going up on that wall.
The government has a responsibility to regional Northern Territory to ensure that at least, the present three return air services are maintained with subsidy by the government. Katherine’s economy has been suffering for some time now, and it was with interest that I listened to the Minister for Business and Industry today report that the economy in the Northern Territory is alive and well. I invite him to come and speak to business in Katherine to find out for himself that all is not as alive and as well as he would like to believe. Katherine needs an injection from this government, not rejection.
The demise of the Airnorth airline facility will indirectly result in losses of 10 to 15 jobs in Katherine, and we can ill-afford that. To give you an example of what will happen, those jobs affected include the airport terminal manager, VIP hire cars, taxi services and refuellers, just to begin.
The cancellation of the airline service will also affect the Health Department with, for example, medical specialist services now having to travel by road to Katherine to treat patients at Katherine Hospital - a step backwards.
Technically, government will be indirectly paying subsidies provided to, for example, the Health department with additional vehicles for travelling, travelling time, air charters when needed, accommodation and the additional time away from their service area in Darwin. All departments that service Katherine from Darwin will be adversely affected.
While I am speaking primarily for Katherine, the cancellation of this air service will have a more significant backward step for Tennant Creek with even further distances to travel.
Mr McAdam interjecting.
Mrs MILLER: Of course, we could overcome all of the isolation challenges of Katherine and Tennant Creek with recognition by this government that regional Northern Territory does exist and is important. Will this Labor government recognise Katherine? Obviously, the member for Barkly has a different opinion. Will this government recognise that we deserve at least three days a week air service and do something about knocking down at least one layer of that darn Berrimah Line brick wall? We need to go further forwards, not take any more steps backwards.
Members interjecting.
Mr DUNHAM (Drysdale): Mr Deputy Speaker, I stand tonight to recognise the life of a man called Noel Lynagh. Noel Lynagh was a public servant of some distinction. He was my direct boss on a couple of occasions when I worked for the Department of Community Development. He was then the Chief Executive Officer of that department and I would say during that time, I came to know Noel pretty well. His passing since the last sittings has now given me the opportunity to read his eulogy, into the Hansard record and I would like to do that in its entirety tonight. It is the eulogy which was delivered at his funeral and I will deliver it unaltered.
- Noel’s life: Noel is often remembered by those who knew him as a kind man, and a gentleman of strong
principles and belief in community service. The eldest of four, Noel was born in Brisbane in 1923 to Ilma
and Bill Lynagh. At 15, he had to leave school during the depression to support his siblings Rona, Roy
and Joan through their schooling.
These were hard times for his family because his father, a railway worker and a union organiser for the
Queensland Railway Union, had been sacked for his part in organising a state-wide strike for better wages.
A kindly local Chinese grocer helped the family out by dropping off vegetables to keep them fed, while Bill
walked the railway tracks looking for work. These times and simple human gestures shaped Noel’s character
and created his respect for people from all walks of life.
Noel’s head teacher at Townsville Central State School wrote him a reference. In it he wrote that he would
recommend Noel, with the greatest of confidence, for any position that called for intelligence, initiative,
courage, honesty and perseverance. His teacher also stated that during his schooling Noel had conducted
himself with strict honesty and truthfulness.
- Perhaps it was the personal qualities he saw in the young Noel that helped him get his first job. He started
work as a telegram boy with the Postmaster General’s Department in 1938.
- On Boxing Day 1942, Noel arrived in Darwin as a 19-year-old. He was promptly given the task of taking all
the documents of NT deeds and titles to Alice Springs for safekeeping in case of enemy invasion. Three weeks
later, Darwin was bombed. Still in Alice, Noel helped process the refugees fleeing Darwin, including his
Uncle Tom, who was on a ship at Stokes Hill wharf at the time of the attack. Soon after, he left Alice Springs
to join the Army with his mate, Les Penhall. Noel found it amusing that the train carriages out of town had
“Australia’s last hope” scribbled along their sides.
- Immediately after World War 11, Noel returned to Darwin, where in 1949 he spied a girl walking across
the dance floor towards his good mates, Dene and John O’Callaghan. They had asked him to come along
to the Hotel Darwin to meet Dene’s sister who was arriving for a three month stay. Noel told his sister, Joan,
that the very first time he saw the girl with the beautiful complexion, he knew he would marry her. Jewel Whitelaw
never left the Territory. Six months later they were married in a union that was to last 55 years.
They spent their early married life in Alice Springs, but returned to Darwin for the birth of their first child, their son,
Michael, in 1953. Together they built one of the first privately owned homes in Stuart Park, assisted by friends
and many working bees, which was the way of Darwin. At the time Noel had no building experience and had
gone to the public library to find out how to build a family home, which he, Jewel, Michael and their baby
daughter, Karen, moved into in 1959.
In the intervening years, Noel’s ambition of completing his education saw him persevere for 12 years through
many late nights of study as an external university student. Finally, in 1971, he gained a Diploma of Public
Administration from the University of Queensland.
As the news broke of the impact of Cyclone Tracy in Canberra on Christmas Day 1974, Noel, who was there
holidaying with his family, was called up on emergency duty. His first shift was at 11 pm on 27 December 1974
at the National Disasters Organisation. Here he worked shifts with members of the Canberra office until
midnight on New Year’s Eve. Noel then drove his family to Port Augusta to catch the Ghan to Alice Springs.
A government car met Noel as the train pulled into Alice, to be driven to the airport for the flight back to
Darwin. At this point he did not know if his son, Michael, was alive or not.
He got back here on 10 January 1975 to recommence his position as Assistant Secretary of the Department
of the Northern Territory, a key Commonwealth department in the administration of the reconstruction of Darwin.
Noel was particularly proud of the house at 3 Duke Street, which stood up to the rigors of Cyclone Tracy with
little damage and was able to shelter a few of the families from Voyager Street.
Noel had a long and distinguished career as a Commonwealth and Territory public servant until his retirement at
60 as the Chief Executive Officer of the Department of Community Development. He truly believed in good
governance and his role in serving the public efficiently and effectively. On his official retirement in 1984, he
departed with his office chair and a civic reception given by Paul Everingham. At that time, the Chief Minister
acknowledged in the legislature that Noel was one of the longest serving public servants in the NT; and that
with 46 years of experience, his administrative skills were probably the most developed the state government
had. Noel was immensely humbled when recognition came in the form of a Member of the Order of Australia,
or AM, in 1985 for his public service life, his public service to the Northern Territory.
He was associated with many organisations, and holds life memberships with the NTFL - 1959; Waratah
Football Club; Waratah Sports Club; Royal Darwin Show Society; and the Darwin Golf Club, to name a
few. He was a blood donor for Red Cross from 1967 to 1990.
Not in the league of footballers like Col Stokes, who played for the ‘Cream Puffs’, Noel’s strengths were
as a solid supporter and committee man for the Waratah Sports Club. He was amongst those who built
the first facilities and clubhouse at Fannie Bay.
Golf was a large part of Noel’s life, however, later it became an obsession. As president of the Darwin
Golf Club, he oversaw the move from East Point to the current facilities at Marrara - a very contentious
move at the time.
Noel made a significant contribution to the Northern Territory as a Justice for the Peace with his appointment
in 1959, and continued for some 45 years.
His longest and most enduring association was with the Northern Territory Masonic Lodges. This
brotherhood was an important constant in his life. In later years, Noel’s struggle with Alzheimer’s
saw him need the wonderful care provided at their Tiwi Gardens aged care facilities, for which his
family is very grateful.
Six months after retirement, Noel was approached and asked to set up the first Local Government
Association of the Northern Territory, where he worked part-time. The association reluctantly let him
resign as he entered his 70s.
Noel was encouraged to stand as a councillor in the Darwin City Council election of May 1992.
He took the time to doorknock each resident in the Lyons Ward, but failed to gain a seat on the council
by 20 preference votes.
So-called retirement also allowed him to indulge in another passion - the sea - and realise the dream that
took the form of Grey Cap, a sea-going 24-foot diesel boat. It required skilled negotiations with his wife,
Jewel, to agree to such an indulgence, as at one stage, Jewel worked out that each fish caught had cost
some $7000. He spent many happy hours on overnight fishing trips to various parts of the Territory coast
with friends such as Bob Livingston, Brian Coughlan, and Lee Marsh.
It is also a testament to the regard Noel was held in by family and friends to the numerous times he was asked
to speak at their special occasions. Jewel remembers that only once at such an event did he read from a
prepared speech. Normally, he spoke from the heart and his knowledge of those concerned.
Many times, when he was enjoying some of the simple pleasures of life, he would express his fortune by
saying: ‘I wonder what the poor people are doing now?’
Noel was a man of many layers and enjoyed many things that life provided to him like the company of good
friends and their support; initiating sing-a-longs after a few drinks with songs like Itchy or A Lovely
Bunch of Coconuts; playing a good round of golf against par; the comforts and support that Jewel provided
him at home - particularly good food and desserts; reading poetry, biographies and novels, including those
by Georgette Heyer; drinking his nephew, Robert O’Callaghan’s sparkling shiraz and tawny port; train journeys
and talking of his dream of a north-south railway; the social debate between his two children from opposite
points of view; family Christmas lunches that would go all day; eating peach mangoes from the trees he lovingly
transported back from Queensland; taking his mother to the ballet; fishing; being on the water; trips out bush;
long road trips with his family in tow; and the lifestyle the Territory provided him.
One of his greatest achievements was the strong foundation he gave his children through the example of how he
led his own life. He gave Michael and Karen the freedom and support to make their own life choices without
imposing his own prejudices or expectations.
In all of this, he had the constant love and support of his wife, Jewel and, without her, much of Noel’s life would
have been meaningless.
I commend Noel’s record to this parliament.
The Department of Community Development has resurrected now under a similar name and a new guise. However, in those days, it embraced welfare, local government, community government, libraries, arts, sport and rec, and corrections, and it was an immense department. Noel sat at the peak of that as the Chief Executive Officer and I was privileged to be a regional officer in a couple of the regions. As a result, I reported directly to Noel Lynagh. I knew him to be a very fair man. He was very down-to-earth in his approach to life. He was well read and, typically for a self-taught man in much of what he had done, he knew his subject matter. He took great time and pains to make sure that he understood the subjects that were on the table.
He was important to us in those early years of self-government because at that time there were many Commonwealth transferees who were called compulsory transferees and we were trying to build our own fledgling local service. It was really good to have people around who had such a wide span of knowledge and experience that could guide us through those early years.
I pay personal tribute to Noel as somebody who worked with him and a tribute as a politician in this place to somebody who helped shaped the foundations of Northern Territory self-governance.
Mrs BRAHAM (Braitling): Mr Deputy Speaker, I rise tonight to acknowledge the wonderful contribution of one of the Alice Springs businessmen who seeks no recognition for what he has done. I only stumbled upon this story by accident but I certainly believe that what he has achieved deserves to be known. I am referring to Damian Ryan. Damian and his brother, Jerome, operate three Kodak Express Camera shops in Alice Springs. He was born in Alice Springs, attended Our Lady Sacred Heart Primary School and went on to Rostrevor College in Adelaide to do his secondary schooling as many young people in Alice Springs have done in the past. He is one of four boys. His mother is Carmel Ryan and his father was the late John Ryan. I know Carmel is very proud of all her boys and what they have achieved.
Mr Deputy Speaker, I do not know whether you have seen these in camera shops or photo shops. It is a month of memories and it costs $5 and you put it on your fridge; you can put a photo in there. It is the memory that sparked Damian. Damian has been in the photographic industry in Alice Springs since 1971 so he has benefited greatly through the work he has done. In 1995, he decided to support a charity in Australia through the photographic industry. His concept was to sell picture frames such as these through photographic stores and donate the money to Alzheimer’s Association of Australia for research purposes.
Although Damian was excited about his idea he received resistance from the industry at first because Alzheimer’s was considered a hidden disease and it certainly did not have the high profile of other conditions. Due to his persistence he finally received support from a small group of industry members and was delighted to see the first Alzheimer’s promotion get off the ground. The result was 500 stores around Australia buying a box of twenty of these frames to sell. All the proceeds go to the Alzheimer’s Association.
Damian launched this project around Australia on World Alzheimer’s Day, 21 September 2002. That first promotion raised $76 000 which went to the Alzheimer’s Association for research. The event last year, in 2003, was run in October, Dementia Month, and it raised $175 000. The results from this year are not in as yet but the selling base is growing and it is hoped to include other retail outlets other than just photography shops. The companies selling this year included Kodak Express, of which he has three in Alice Springs, and there are over 200 chain stores throughout Australia; Ted’s Photographics; Fletchers Photographics; and K-Mart which has 170 stores. So you can see the potential there to grow this concept is quite enormous.
Dementia, which is Alzheimer’s most common form that we know, is the fourth biggest killer of Australians over 65. It is now more common than skin cancer yet it receives significantly less investment in public health initiatives. It is called the health epidemic of the 21st century and that is because we are living longer. However, medical science has yet to discover why or how some people’s brains do not keep pace with their greater longevity. It affects generations of families and extended families, and the grandchild who has spent many wonderful moments with grandma or grandad may no longer be recognised by their grandparents as their memories fades. There are currently 170 000 Australians with dementia.
Recently, I attended the opening of the Hazel Hawke Resource Centre in Alice Springs and it was there that I came across these frames, and I asked the question: ‘What is this all about?’ I discovered that these frames, which raise $5 each time, were initiated by an Alice Springs business person, a wonderful initiative that Damian Ryan introduced. He is president this year of the Australian Photographic Manufacturers Association and he is going to travel to the United States in February next year where he will again promoting this idea of his photo frame memories; the memories that are fading with Alzheimer’s, the memories that we would all love to keep.
Damian, if he is successful, realises that the contribution to research to find out the cause of dementia will be greatly increased, and who knows what the research will achieve for senior Australians in the future? I commend Damian Ryan for his great initiative. I urge all members to support this program. Next time you go into a shop and see one of these frames, please buy it because you will be helping to contribute to research. Damian is another quiet achiever from Alice Springs whose contribution has not been recognised, but he is certainly deserving of our praise and respect.
On another matter, Mr Deputy Speaker, I wish to make comment about the petition I tabled this morning. It had over 1000 signatures gathered in a couple of weeks calling on the government to immediately sort out the mess as regards midwives that has been brought about because of the Health Practitioners Act, which makes it mandatory for all Northern Territory health practitioners to have professional indemnity insurance.
We all know with the debacle of insurance worldwide there is no way independent midwives can obtain this cover. The act effectively outlaws independent midwives, midwifery and home births because a midwife will risk being deregistered if they continue to practice at all. Naturally, midwives and Territory mothers were outraged. It was interesting that I had such a strong group come to my office to ask: ‘What can we do about it?’ That is why we said we would write to the minister but, most of all, we will show the minister that we are really concerned by organising a petition.
Not that many women choose to have their babies at home. Up to the time of the insurance predicament there were about 50 recorded home births a year in the Territory out of a total of 3500. The figure is quite small, but Territory mothers have always wanted to have that choice of home birth if it appears they are going to have a normal, uncomplicated pregnancy. Midwives are very careful to adhere to a stringent Code of Practice and any home birth that looks as though it may be complicated in any way is referred to an obstetrician. The Australian College of Independent Midwives has rigorous policies on transferring clients in circumstances where medical intervention is warranted.
The minister said in his answer during Question Time that he cannot give us any firm date. It is just a little bit unfortunate that when the midwife in Alice Springs rang the Department of Health public servant to ask what was happening, she was told that it would be up to six months before anything was decided. As you can understand, that is far too long. I do not know what mothers who wish to have home births are expected to do. Having a baby is not something you can put off until all this is sorted out. We really need to say to the minister: ‘There have been protocols and guidelines already developed by the Australian College of Midwives. Why don’t you just dust them off, look at them and let’s get on with it?’
Our midwife in Alice Springs who has been affected is Theodora Allan. She has a tremendous reputation in town. She is very professional and has had 10 years experience in many remote and urban locations. Because of the new law, the Nursing and Midwifery Board gave Theo a restricted registration. Then, because she did not receive the notification in time, the board asked her to show cause why she should not be deregistered for assisting in a home birth that took place before she was officially notified of the restricted licence when she still had her normal practising certificate. She has a real dilemma. I believe that the minister is genuine when he said he did not really intend these circumstances to come about. However, we need to address the problem, and whilst we wait for an official start date of the new arrangements, what actually happens to health professionals such as Theo Allan? We all know how difficult it is to recruit and retain good health workers. I suggest the minister makes a special case of providing some sort of interim cover for people like Theo so she can continue her practice and provide this service to the Territory.
We did a lot of research to find out what was happening around the rest of Australia and, I am glad to see that the minister looked at the programs in Western Australia and South Australia. These states offer homebirths in certain districts whilst ensuring adequate insurance cover through the public system. They do not cover all the states, but they do cover quite a few. The Western Australian one is a very successful program, with good outcomes highlighted by reports from department officials analysing the service through home visits, who reported healthy and happy mothers and babies. The program works for a number of reasons. Midwives have good working relationships with obstetricians and doctors. The midwives have long histories and experience in hospital settings and the department of health supports the program and encourages liaison between the midwives and hospitals.
This is just one example of how other governments have addressed this issue and responded to the community needs. There have been scores of reports; even the Senate had an inquiry in 1999 which found there was a growing dissatisfaction with what we call the clinical medical model of childbirth. Not every woman wants to go to that clinical setting of a hospital to have their child; they would much prefer to have it at home. Giving birth is certainly life changing, but a natural event, and it need not be seen as a medical process, so why be hospitalised? Home birthing is not aiming to discredit the good work of our hospitals or our doctors. It is about empowering women to make the right choices and the right to choose where their baby will be born.
I commend the minister in what he has said so far. If it is done correctly, there would certainly be many grateful Territory mothers and families and health professionals. I only hope that the program commences sooner and without unnecessary delay. The minister said this morning he is looking at the end of the year or early January, but I just urge him not to let down those mothers. They cannot wait and hold off their babies while all this is sorted out. Let us not disappoint them. Let us get something in place so that women can have the choice.
Dr BURNS (Johnston): Mr Deputy Speaker, on Friday, 15 October, I attended the inaugural Jingili School community barbecue. Members of the Jingili School committee voted to amend the constitution to include Jingili Kindergarten, Jingili Preschool and the Jingili Primary School in the new Jingili School Community Council. The unanimous vote was a milestone in the history of this fantastic school. I commend Ian Johnson, chair of the previous Jingili Primary School Committee, and all the committees of the respective institutions that now comprise the Jingili School Community Council.
However, that occasion was also marked with the initial farewells to Mim Regan of the preschool, and Julie Cadd of the kindergarten, who will be leaving next month.
Mim Regan started with Jingili in 1975, and has served that particular school community on and off in several capacities until she retires at the end of this semester – almost 21 years of service. Mim has been an integral part of the teaching team at Jingili and, at a rough estimate, has taught about 1000 preschool students. I am sure each one of those students knows and remembers Mim Regan with a lot of affection. She is a very vital, energetic and loving person, and everyone she touches in life holds her in great affection.
This high regard in which Mim is held is evidenced by the number of families who bring their children great distances to attend Jingili Preschool and the high numbers that are present at the preschool. Currently, 83 students are enrolled in this older, more established suburb, and this is unique. Mim had the vision to seize the opportunity to have a school-sponsored child care facility, and this wonderful facility is a testament to that vision and her hard work. Bringing the child care facility and preschool into the Jingili school community is the culmination of Mim’s vision.
When Mim wrote to the school council tendering her resignation, she wrote a letter reflecting on her time at Jingili. When I heard it, I approached Mim and asked her whether it might be all right for me to have this letter incorporated into the Parliamentary Record because it is a record, a history, of the Jingili school community - all the characters, the headmasters, the people who have worked tirelessly over many years within the school councils, and Mim’s general reflection on students in that time, which is a very positive reflection.
Mr Deputy Speaker, I would appreciate that letter, which I have here, being incorporated into the Hansard record.
Leave granted.
- Letter dated 2 November 2004 from Mim Regan to the Jingili School Community Council
Dear Ian (and fellow Council Members)
I would like to tender my resignation from School Council at the end of the school year (Dec 10). I have really
appreciated having the opportunity to work with you during these exciting times. Congratulations on finally
passing the changes to our Constitution … in my life time.
May I also take this opportunity to reflect on my long-term involvement with Jingili School. I started teaching
here in 1975 (after a year at Alawa Primary). I was teaching at first in the Art Room in a team teaching situation
with Sarah Amies. The school was huge with demountables – so many children that we could hardly fit in the
Assembly area. The Principal was the wonderful Aileen McDonagh. I resigned (for the first time) to spend time
with my every expanding family of three. Warwick Ottley was by then the Principal – a super star amongst Principals.
I spent seven years at home with my kids during which time we moved to Jingili so our kids could attend this terrific
school I did some external study and relief teaching. I think my first Council meeting was a chance to get out of the
washing up but came home as the Secretary! By now Bob Pannekoek was the Principal – a caring and multi-talented
boss.
What exciting times these were with changes to School P&C committees being discussed! Jingili has always been a
leading light, embracing change. The school had a well-established reputation as a successful academic and
sporting school. People used to say you had to wait until someone died before you could get a job here. I was lucky
to start teaching at the Preschool in 1984.
The Council has been well led by amazing people – Estelle Virgen, Jeanette Breen, Peter Turnbull, Joe Gallacher,
Jackie Suttie, Peter Sommerville, Lyn Strathie, Jill Sommerville and now Ian Johnstone. All these people have had
their own unique talents, always working hard for the overall good of our school, spending endless hours on
Council business. I am proud to count them as friends. These people have been assisted by an incredible number
of equally hard working Council members – the backbone of any school community. This is also reflected in
all the sensational Preschool sub-committees over the last twenty years!
Our school has a rich history – a command post during the Cyclone clean-up, upper primary children being taken
each day by bus to Tiwi School when the roof was being repaired, the establishment of the Music School and the
building of the remarkable kindergarten. Life at Jingili has never been dull – great fetes, famous Craft Fairs,
Quiz Nights, (and Nights, B-B-Qs etcetera - even a huge dinner dance in town!)
The Principals I have had the pleasure to work with have been enthusiastic and forward thinking people – Aileen
McDonagh, Warwick Ottley, Bob Pannekoek, Liz Gammon, Jo Wynn, Lesley Wilcox, Randall Cook and now
Eva Lawler. These people have had the opportunity to influence the ‘evolution’ of our school. As well, there
have been wonderful, professional and hardworking teachers and Admin people. When I first started working
here, there were two assistant principals so it has been rather amazing to witness the changes as Jingili now finds
itself as a small school – great but small.
Throughout all these changes two things have remained constant. The first is the simply amazing children. After
having taught in several schools in NSW and at Alawa as well as heaps of other schools while relief teaching, I
have always been so impressed by our children. They are creative, happy, resourceful, caring and capable
people. Of course some have been challenging, but I have always had a huge respect for Jingili Kids. They share
a huge bond and take great delight in claiming to be ‘Jingili Kids’. I find Jingili Preschool kids everywhere I go
and take great pride in their progress and success stories.
The second constant thing has been the sensational support, friendship and enthusiasm of the parents, many of
whom over so many years remain personal friends. Think of people like Sharon Jolley who still puts in so
many hours helping at the Preschool (her daughter Cassie is now 20!). Jingili reflects the true essence of
‘Partnership in Education’. We are all in it together for the good of our kids. Long Live Public Education!
Jingili (in particular the mighty Preschool and the now fantastic Kindergarten) has been a huge part of my
life - both professionally and privately. I have been truly blessed with the chance to work with people like
Deneil Sachs, Kaye Creek, Annabelle Lawford, Lyn Ryan, Jo Jo Wreford, Mal Streeter, Julie Cadd etc, etc,
but binding it all together has been the support and friendship of Carol Bamford, superstar, and
Amanda Bagley (Mrs Organised).
As well, we have been so lucky to have the support of such great local MLAs – Paul Everingham, Rick Setter
(of the Rick Setter car park), Steve Balch (the super mover and shaker of our Kindergarten) and the very hard
working Chris Burns.
I have been so lucky to have a job that I love – one that is as exciting today as it was when I went off as a
bright-eyed 18 year old to Wagga Teacher’s College. During all these years of teaching I have had some
great things happen to me. I’ve always felt valued and respected as part of the NT Ed. Dept. I’ve been a T.E.P
for years, a long-term member of PSTANT – at different times being the Secretary and President.
Unexpected things do happen. I was delighted and proud to be nominated by the Preschool parents for
a National Excellence in Teaching award – getting the chance to travel to Adelaide (with Spot the Wonder Dog)
to receive the award for the NT and SA. The other amazing thing was getting the Centenary Medal for
‘Significant Contribution to Education and the Darwin Community. What an honour! Who says teachers
aren’t appreciated.
As well, a huge highlight was the building and establishment of our innovative and highly successful ‘Kindergarten’ integrating preschool and child care. It was a long, stimulating and exciting journey – great memories, great friends sharing a common goal.
Our huge numbers in the Preschool (86 children) reflect our terrific reputation due to the hard work and
enthusiasm of our staff. Even without the influx of child care children our numbers would still be amazingly
high. Our children come from all over Darwin and beyond – just to attend our Preschool. This is the future of
our Jingili Community School. At the moment I am teaching the 4th child of a family from Nakara (whose dad I
taught all those years ago at Jingili Primary). This is the motivation that has inspired me to always try to be the
best teacher I could be – always looking for that additional ‘something’. This is the challenge and joy of teaching.
My fantastic pearl will always be cherished by me as a reflection of the wonderful experience that has been
Jingili School. Many thanks for this great and thoughtful gift and for the opportunity to be part of this fantastic school.
Remember to be part of the ‘Life Members’ Celebrations at Preschool on Dec 10th.
Mim Regan.
Dr BURNS: Thank you. Mim will be a great loss to the preschool, where, as I said before, she has been held in such high regard. She was awarded a National Excellence in Teaching Award after being nominated by the preschool parents. She has also been awarded a Centenary Medal for ‘Significant contribution to Education and the Darwin community’. Both awards were very well deserved.
Sadly, at the same time as Mim’s departure, Julie Cadd from the kindergarten will also be leaving. Julie has been with the kindergarten since its inception, following the closure of the Marrara Family Centre and the opening of the child-care facility at Jingili, bringing together a new facility for Marrara and an experienced child care director at Jingili. Julie’s expert management and hardworking team have made this facility one of the best in the Northern Territory, if not Australia, and this is a credit to Julie. It was great to read out, on behalf of the staff of that facility, the affection and esteem in which they hold Julie. Of course, we all wish her the very best.
Both Mim and Julie share a similar philosophy based on learning through play and their absolute love of children. Julie has considerable experience in child care and is highly regarded in the child care sector. She is always willing to support others and share her experience and knowledge and, along with Mim, this is evidenced by the number of ‘show and tell’ sessions that are regularly held in the facility. It is great to see, when you enter both facilities, the artwork the children have done. The way they engage in play is truly fantastic teaching, and I am sure that the methods of teaching there and the experiences that those children have, are a fantastic foundation for their future education. I am sure, as those children grow older they will look with great affection at the time that they have spent in the Jingili preschool and child-care facilities.
Tonight I would like to speak about Junior Rangers. On 16 October, I was pleased to present the Darwin Region Junior Rangers certificates to some great kids. This occurred at a barbecue at the Botanic Gardens. I was very pleased to attend that barbecue and make the presentation. These Junior Rangers have undertaken a range of activities over the last year, including wildlife studies, nocturnal walks, investigating our coast and wetlands, and learning how to use new technologies such as GPS and GIS systems. It is quite a long list of Junior Rangers receiving the certificates and, similarly, I ask leave to have their names incorporated in the Parliamentary Record.
Leave granted.
- Sheena Adlard Malissa Hendy
Billy Baker Tahlea Hendy
John Bauert Gabriel Iftene
Lachlan Boiteau Clair Kiely
Phillip Boiteau Fletcher Luders
Jim Browne Sam Newbery
Thomas Conroy Gabriella Parker
Brynne Cornish Robert Pedersen-McLaren
Damon Cornish Bridgette Primmer
Douglas Crane Gryffyn Pryce
Jonathon Day Amy Russell
Mark Deveril Daniel Russell
Eamonn Dickson Jack Russell
Lexie Edwards Krysta Setterberg
Fletcher Ellis Zachary Stewart
Lachlan Ellis Georgina Waite
Chelsea Gargan Alana Wild
Rachael Gargan Samantha Wilson
Matthew Gracie Kristopher Wilson
Jason Hall Matt Young
Renae Hawke Caitlin Young
Alasdair Henderson
Dr BURNS: Thank you, Mr Deputy Speaker. The government is pleased to support this program, and not just because it enables hundreds of kids to have fun. The program has a more important benefit. It teaches our young folk about the importance of the environment, about sustainability, about caring for country. As Junior Rangers, young people are able to experience and learn about our amazing Northern Territory landscapes, and the plants and animals that make their homes here. How lucky we are to have on our doorsteps an environment that people will travel all over the world to see.
The program also benefits our community. It creates role models and peers for kids across the Territory, and encourages them to spend their time in worthwhile, active and educational ways. Most importantly, the Junior Ranger program benefits the environment. Through the program, young people have become – or will become - the guardians and custodians of the bush and everything that lives in it. Most of the Territory is still considered wilderness. We are so lucky to have such a diverse range of ecosystems from our oceans and our waterways to our monsoon forests and ranges. In such a diverse land, every Territorian has a role to play in caring for our country, to show that we all value the land on which we live. The Junior Rangers play the most important role of all: learning about looking after our bush while helping others to learn about it too.
It was great to speak to the parents of these children and hear how enthusiastic and supportive the parents are about this particular project, reinforcing how much these children have learned about the environment, how the children have grown up through taking this course, and with some independence and gaining self confidence. The parents are all for it.
The Junior Ranger program and end of year event was made possible by Dean McAdam, Senior Education Ranger and David Rochford, Education Ranger of Darwin; Kylie Green, Education Ranger, Alice Springs; Bill Binns, Director of Park Management; Brooke Rankmore, tracking activity and BAU, DIPE; Esther McAdam, who did a great work with the barbecue; Paul Munns and the staff of the George Brown Darwin Botanic Gardens; Mignon McHendrie from Wildcare, caring for animals activity; Anastacia Hunt from Wastemaster, recycling activity; Territory Wildlife Park and Darwin District Parks staff; Lisa Lemke; Bob Moore; Paul Cawood; Louise Kean; Pam Wickham; Andrea Hope; Raelee Kerrigan; Mark Ziembicki; Ray Chatto; Brian Kittler, Bureau of Meteorology; Stuart Traynor; Education Unit, Museum and Art Gallery, and Crocodylus Park. Staff behind the scenes who helped with administration, included Vanda Lockley, and there were numerous parents helping with cooking the barbecue, buttering the bread, cleaning up and helping serving food.
Later on, on 16 October, I attended the dinner auction which was a culmination of a very successful Down Syndrome National Awareness Week in the Northern Territory. The dinner auction was attended by 76 people, mostly members of the association and their friends. It was great to attend the dinner and socialise and share a little of the experiences with some really fantastic people. There were a total of 42 items up for auction and, Mr Deputy Speaker, I remember that one of them was yours – I think you had on auction a trip in your ute around your electorate and that was hotly bid for. There were quite a number of members of this Assembly who donated and it was very much appreciated. There were many other items donated by local businesses and individuals. This year, as I said, a new section was introduced to the auction entitled ‘celebrity auction’ where the items were all donated by local public figures. I am assured that this section – well, I know that this section was highly successful, boosting the fundraising considerably and adding to the enjoyment of the evening.
My contribution to the celebrity auction was that I would cook for a dinner party of six and so, with my wife and I, that made eight. I was told by the people who attended that I did cook very well. I hope they were not just being generous in their praise! I did try hard and they seemed to enjoy themselves. I have to thank Theona and Nick Mitaros – Nick was the one who bid for that particular item, Adele Young and Brett Walker, and Neil Phillips and his wife. It was a fantastic night and we enjoyed it greatly.
A member: What did you cook?
Dr BURNS: I cooked Asian style with a whole lot of crabs, some curries and some accompaniments, and I was highly complimented.
Members interjecting.
Dr BURNS: May be next year you can bid for it! Vital funding was raised in a number of ways, including a series of raffle gift baskets during the dinner auction and also through donations from Dripstone High School. Esther Tan, a teacher at Dripstone High School and the parent of a young man with Down Syndrome coordinated the fundraising. Through her skill, staff and students raised in excess of $1500 through donations and raffle ticket purchases. Dripstone High School is recognised as a long-term supporter of the association.
The dinner auction was the culmination of over six months of preparation, with donations being sought from over 500 Northern Territory and national businesses. Approximately 80 sponsors contributed to the success of fundraising efforts, 25 of whom were individuals, with the rest being business donations.
The coordinator of the annual event is Janet Podsiadly, the only employee of the association and she carries out all the organisation required for the night. She is to be highly commended. She says it is a very pleasurable task and praises a wide variety of extremely generous and thoughtful individuals in our local community willing to give their time and services to assist the association.
Janet specifically mentioned some people: Andy Hinks, the auctioneer who donated his time and considerable energy to raise as much money as he could for each auction item. He did a fantastic job; Paul Dale, who is probably known to most of us, was a most entertaining and informative MC for the night; Col Wicking, artist-in-residence, who did on-the-spot caricatures for guests for a $20 donation to the association, and he did at least 20 cartoons on the night; and I have already mentioned Esther Tan and her role.
It is great to know that this annual dinner auction was so successful and that the association intends to hold a similar a dinner auction during Down Syndrome Awareness Week in October 2005. I urge all members here tonight to put up their hand next year as a sponsor for this worthy cause.
Ms MARTIN (Fannie Bay): Mr Deputy Speaker, on 22 and 23 November, last week, Cabinet visited the community of Nauiyu, also known as Daly River, for our ninth Community Cabinet meeting this year. In three and a bit years, there have been 31 Community Cabinets. We were met at the airport by Mark Casey who is the ACPO for the area, as well as President of the Nauiyu Council. Our visit was a wonderful opportunity to meet some of those who live and work in and on the great Daly River and to get a first-hand view of the area.
In my role as Tourism Minister, I met with Carol and Dick Perry of Perry’s on the Daly with Rhonda and Gary Higgins of the Mango Farm, and with Harold Sinclair of Sinclair’s Fishermen’s Retreat. We all enviously found out later that the minister for Infrastructure had spent the previous day with Harold on the river catching large barra. Next time, we will all have to plan our days better. People like the Perry’s, the Higgins’, and the Sinclair’s are certainly people who have made a long-term commitment to the Territory, have been around for a long time and provide great tourist adventures on the Daly.
Minister Scrymgour and I attended the Women’s Forum, with about 30 women from the area. The forum was facilitated by the Office of Women’s Policy and allowed us to appreciate the issues and challenges, as well as the pluses, of living in this area. Among those attending were Val Cowan, Val Sinclair, Amanda Grossett, Junnie Gallway, Carol Perry, Lana Miller, Grace Daly, Beatrice Parry, Anne Carmel Malvien, Marita Sambond, Liz Cameron, Sharon Daly, Lucia Carlingung, Dominica Mollins, Sandra Grenza, and Helen McCarthey. Also there was Miriam-Rose Baumann, and it was a good chance to catch up with Miriam who is the principal of the St Francis Xavier School, and with Biddy Lindsay who is a traditional owner from the Malak Malaks, as well as the redoubtable Norma McLeod from Wooliana.
The forum was held at the Merrepen Arts and Women’s Centre, and a thank you to the Merrepen Arts coordinator, Kate Podger, and her team for their support for the event. It was good to see the Merrepen Gallery again. Kate and young artist, Aaron McTaggart, gave us a tour of the gallery and of the workshops where artists are developing skills in working in glass and in screen printing fabrics.
The work of 10 senior artists from Merrepen Arts and 10 school children is currently on exhibition at the Macquarie Bank ‘Big Tent’ in Sydney. The exhibition has been organised in cooperation with Gunya Tourism to showcase indigenous arts from the Merrepen and Titjakala regions.
Later in the day, after an active day visit related to our various portfolios, ministers converged on the council officers for a meeting between Cabinet and Nauiyu Community Government Council with President, Mark Casey; Vice President, Sharon Daly; and councillors, Andrew McTaggart, Jimmy Numbatu, Greg Warloo and Lana Miller.
A busy but very interesting day ended with a community barbecue, again at the Merrepen Women’s Centre, and catered by Wiki and Neville Bell from the Daly Riverbank Store. About 150 people came along, and it was a chance to meet a wide range of Nauiyu and Wooliana residents and to hear what important matters are for them. We were also joined at the barbecue by a small team from Tracks Dance in Darwin, who were giving workshops at St Francis Xavier and Wooliana Schools. Talking to some of the students, they had a terrific time with the Tracks Dance team.
Mr Deputy Speaker, I finish by saying thank you to the people who helped to make this Cabinet visit so successful, especially Marie and the volunteers at the Leadership Centre. Suzanne and Peter, managers of the Daly River Inn, and their staff who catered for our morning tea and lunches. The Acting Council Clerk, Aileen Dirr and her staff for all their administrative assistance and, of course, Kerry Draper for allowing us to use her vehicle for getting around. Finally, a thank you to the Nauiyu community and the people of the Daly for being so welcoming and generous with their time and resources.
Last month, on 21 October, I had great pleasure in attending the Literary Awards ceremony in Parliament House. The Literary Awards have been going for 20 years this year, and so it was an historic anniversary night. It was also the occasion of the inaugural Chief Minister’s Northern Territory History Book Award. Excellence in Territory history is something that I wish to promote, and this idea came from the historians of our community who wish to recognise and celebrate the work of their colleagues and peers. This first year was certainly an opportunity for celebration. The winner of that Northern Territory History Book Award, for which he received a prize of $1000, was David Bridgman for his book, Acclimatisation Architecture at the Top End of Australia. If anyone is interested in architecture in the Top End, the book is terrific. It has some great pictures, and the words to go with them are very appropriate. It is not too dense in words, but the photos that David has collected really give you an insight into some of the architecture of the Top End. My congratulations to David for winning the first Chief Minister’s History Book Award.
The judges must have had a difficult choice, because the three finalists in this category, the History Book Award, are also noteworthy. They were The Menzies School of Health Research: Establishment, 1978 to 1997 by Dr Brian Reid; Their Way: Towards an Indigenous Warlpiri Christianity by Ivan Jordan; and Tom and Jack, a frontier story by Geraldine Byrne.
After the announcement of the History prize, the ceremony then moved on to the five categories of the Dymocks Northern Territory Literary Awards.
The Kath Manzie Youth Literary Award is sponsored by the Kath Manzie Estate, and this year’s winner was Maya Eamus, who received $600 for her story Lost. The finalists for this award included Justice for Carol by Timothy Bloedorn and Detachment by Sarah Blackwood.
The Arafura Short Story Award, sponsored by Dymocks, was awarded to Andrew McMillan, who received $1000 for his story Who Can Blame Us for That. The finalists in the category included: Freefall by Ruth Davis; A Kingdom for an Eye by Angela Schoen; The Channel Between You and God by Kim Caraher; Protection by Jill Joliffe; and the Pintubi Chip by Jenny Walker and Blair McFarland.
The Aboriginal and Torres Strait Islander Writers’ Award, also sponsored by Dymocks, was awarded to Michael Torres. He received $1000 for his story King of the Mangroves. The finalists in this section included: Alone on the Soaks of Loves Creek by Alec Kruger; My Childhood Story by David Cahill; Untitled by Joe Burton Story; and The Land of Many Races by Murphy Dhayirra Yunupingu. Can I just say on that winning story, King of the Mangroves by Michael Torres, a short excerpt was read, and I encourage everyone to read it. It sounded like the funniest and most apt short story you could imagine and, really, you don’t necessarily think of short stories as being very humorous, but this one certainly was and a deserved winner.
The Red Earth Poetry Award was won by Carmel Williams, who received $1000 for her poem Time to Die. Finalists included: Ganga’s Burning by Sandra Thibodeaux; Night Lights by Judith Steele; Grasping Nothingness by Janice Barr; Dugout Canoe: Bian River, Irian Jaya by Kaye Aldenhoven; The Wasp and the Spider by Tom Dinning; I Remember Me by Sharon Thompson; The City’s Tenant by Clare Mackay; and This Town is too Small by Joe Dutton. Tom Dinning has an interesting story about his story, The Wasp and the Spider. He said: ‘I do two things in life. I do my woodwork …’, and he has beautiful boxes. Both Paul and I know the standard of his beautiful boxes which he is now exporting. He said: ‘While I make my boxes, I write poems’. It is an interesting mixture in his shed.
The Charles Darwin University Essay Award is sponsored by the university. The 2004 winner in this category was David Wise who received $1000 for his essay Where the Shark and the Crocodile Play. Finalists in this award included: The Aboriginal Experience of Formal Education: Participation and Resistance by Jennifer Haydon; and Weeping in the Streets by Jane Clancy.
There are great many people involved in these literary awards, working to make it the success it is. I would especially like to thank the Northern Territory Library and Information Service staff and the Northern Territory Literary Award Committee Members: Ann Ritchie, Chair and Assistant Director Northern Territory Library; Robin Hempel, Secretary and Manager, Reference Services; Mary Anne Butler, Executive Officer, NT Writers’ Centre; Jenny Salt, Minutes and Public Programs Manager; Andrea McKey, Manager, Peter Spillett Library; and Linda Marchesani, Manager, Heritage Services, Northern Territory Library. They are, basically, the team that put together the awards. The judges for the literary awards this year included: Barry Jonsberg, Carmel Gaffney, David Carment, Linden Salter and MaryAnn Bin-Sallik.
The Dymocks Northern Territory Literary Awards publication is thanks to Sue Dibbs, and certificates by ZipPrint.
In addition, support was also provided from the Office of Youth Affairs, Department of the Chief Minister, public libraries, the NT arts community, the CDU staff, Batchelor College staff, Darwin City Council – GRIND, ArtsMark, and the staff from the Department of Employment, Education and Training. Virgin Blue supplied two air fares for youth finalists. Birch Carroll and Coyle supplied 27 movie passes for finalists, and thank you to Ducks Nuts for 25 coupons for free coffee.
In addition, there were a number of people involved in the Chief’s Minister’s Northern Territory History Book Award including heritage service staff Linda Marchesani, Kira Paznikov Barry, and Danielle Chisholm. I would like to thank the Northern Territory Collection Consultative Committee including Vern O’Brien, Brian Reid, Linda Marchesani, Paul Clark, David Carment, Greg Cope, Linda Bell, Ruth Quinn and Ann Ritchie. Mary Anne Butler and Kaye Aldenhoven did a marvellous job reading excerpts from the winning entries. They gave us a wonderful taste of the style and content covered in this rich smorgasbord of talents.
The MCs for the evening were Pete Davies, of Pete and Lisa fame on Mix FM, even though he was battling flu at the time. Pete must have caught the flu in Brisbane when he and Lisa went south to collect their award for Best Live on Air in the regional category in the 2004 Australian Commercial Radio Awards. Lisa was away on holidays taking a well-earned rest, but Ally Crew did a terrific job partnering Pete, and together they kept the pace going throughout the evening.
Finally, I would especially like to acknowledge those who had the very difficult task of judging the Chief Minister’s Northern Territory History Book Award: Professor David Carment, Linda Bell and Linda Marchesani. The night was a celebration of triumph. There were 16 authors for the inaugural Chief Minister’s History Book Award. In total, the award received 197 entrants for Dymocks Northern Territory Literary Awards which was, as I said, celebrating its 20th anniversary. I certainly hope that Territorians are encouraged to enter the literary awards next year. Mr Deputy Speaker, I noticed you went to many things but not the literary awards. Maybe we can look forward to you trying your hand at this skill.
Mr DEPUTY SPEAKER: There is only so much time in a day. I have written poetry.
Ms MARTIN: Oh well, having written poetry, I will expect an entry next. I certainly encourage people who do write to think about entry.
Mr DEPUTY SPEAKER: I support the Palmerston writers.
Ms MARTIN: Excellent. The standard is high, which is great. We certainly demonstrate through the literary awards what a very talented Territory community we are.
Mr DEPUTY SPEAKER: I should say my poem is called I am an MLA.
Ms MARTIN: Oh, be inspired!
Ms LAWRIE (Karama): Mr Deputy Speaker, this evening I give my Christmas adjournment. I recognise the hard work done by many people living in the Karama/Malak suburbs. The heart of our suburban lives is our schools, and I would like to make particular note and congratulate the hardworking members of the school councils and the school staff. There is very strong leadership shown in the schools in my electorate from the wonderful school principals we have. My comments regarding the schools show no particular favouritism. I have several schools in the electorate.
First of all, I want to recognise Karama school. We have had a terrific year this year at Karama school under the guidance of the new principal, Marg Fembrey. Marg had been at Ludmilla and shown tremendous talent in pulling a school community together at Ludmilla, and I have to say that she has excelled in her time at Karama. She is showing very strong leadership and she certainly has the school community working very hard together for the best educational results for the students.
We have a new school council chair this year, Katerina Kouros. Katerina is well known to many parents. She is a tremendous member of our Greek community and a very hard working chairperson for the school. Hardly a day goes by when she is not up at the school performing her duties as chair, and I have to say that school council meetings have been very enjoyable since Katerina has become chair. She is a woman of great magnanimity and she has a wonderful warmth and a wonderful humour and is ideal as school council chair at Karama. She is ably assisted by many wonderful parents there.
I want to recognise the work done by Sharon Stubbs. She is working at the school as an ISA, but as a very active parent at the school as well, Sharon always contributes well at school council. Other council members are Joanne McDonald, Sheree AhSam, and Vickianne Purcell. Vickianne is both a parent and also runs the outside school hours care and the vocation care program at the school, and she is known for her excellence in outside school hours care. She has written a lot of the accreditation for outside school hours care and has done a lot of policy development in this area. I know that she certainly works with other directors of outside school hours care and supports them. Our school community is very happy to have Vickianne running our wonderful program.
Kerry Wetherall and Ankarriyuwu Hill are great parents at the school, very strong leaders also in our ASSPA community. Ankarriyuwu Hill is joined on the ASSPA committee by his wife, Tania Hill, who is very popular in Early Childhood in the preschool section of the school. We have Relma Luta, Joy Shepherd and Glenn Warrior, all very active members of ASSPA and working very hard at the school. I also thank the teachers at the school who do a terrific job working in with the school council. Brigid Schjolden is a wonderful teacher at the school; and the front office expertise of Debbie Harrison is phenomenal. She keeps the accounts going well at the school and single-handedly, I think she has done the fundraising at the school this year. My congratulations to these very hardworking members of Karama Primary School.
Pretty well most of the students who attend Karama Primary go on to attend Sanderson High School. I have the honour of working alongside the member for Sanderson in assisting the Sanderson High School community. Greg Gibbs does a great job there as chair, and he is joined this year by co-chair, Sharon Clark. Denise Thomas does a wonderful job as treasurer and Gayle De La Cruz, a constituent of mine, is very active both in ASSPA and the school council. Gayle can always be relied on to put her shoulder to the wheel and work hard for Sanderson High School. She is joined by her wonderful husband, Gerry De La Cruz, and the pair of them work tirelessly, both for the school council and for ASSPA issues. The main ASSPA representative - and we have been very well represented at Sanderson High School this year - and the chair of ASSPA has been Gail Ah Kit, wife of minister Ah Kit. Gail is a highly accomplished advocate and ASSPA representative.
The principal, Denise Wilkowski, works very hard with the school community. She is ably assisted by great teacher representatives such as Sally Black and Cath Green; and Tom McCall is the epitome really of some of the talent we have amongst our senior high school teachers, someone who certainly puts every effort into encouraging the students and the talent that we have. Doreen Walsh has been very hard working both on ASSPA and the school council for many years. I also congratulate Bronwyn Clee who runs wonderful programs for the school and works very hard to assist and nurture the talent we have amongst our teenagers.
Manunda Terrace Primary School probably had its most award-winning year this year. They won a national literary award, a state recycling award, and it seemed as though the cheques just kept flowing at one stage there. I am very proud of the work done over the last few years and the results that we have seen this year at Manunda Terrace Primary School. It is a fantastic school, the smaller of the schools in my electorate, but a very multicultural school and one that has a very active school council, ably supported by a wonderful staff. The staff put in above and beyond their normal call of duty at that school and they are a shining example of just how a strong and dedicated staff can lead a school into excellence.
I congratulate Terry Quong, the Principal. Dr Terry Quong has been there for the year and he has taken on the role with gusto. He has been a very hard working and engaging principal. I congratulate Terry for the work he has done. He has worked in with his school council. The Chair, Barry Brown, is the epitome of just what you want in a chairperson. He works tirelessly for the school and is on call at any time to assist the school in any way. He really is a terrific leader in our community.
I take my hat off to Mick Keeley, Marg Harmsen, Kathie Snowball, Marily Galt, Peter Evans, Pornthip Moulding and her husband, Keith Moulding, and Finlay Campbell; the teachers, Jan Marie Cooper and Paulina Motlop, are terrific and Raylee Broome is very hard working running that front office. ASSPA at Manunda Terrace are Sharon Haynes, Tania Mick, Paulina Motlop and Angela Bush. They are all excellent examples of just how talented our indigenous members of the community are and how hard working they are.
I congratulate the school council at Holy Family School. They are a lovely, generous school community at Holy Family School. My children attend there. I have the honour as a parent of the school to see on a week by week basis just how hard working the school staff and the school council board are, and the Parents and Friends Association. I have been an active member of the Parents and Friends Association in the past. Due to my busy schedule, basically at the moment I am relied upon to turn up and put my shoulder to the wheel at fundraising events, as with the other schools. I have to say that Marg Hughes, the Principal at the school has had a difficult year in caring for her mother; ably assisted and stepping up into the role of Acting Principal has been the Deputy Principal, Jacqui Thompson. Despite the difficulties faced by Marg in caring for her ailing mother, the school community has been very ably led between Marg Hughes and Jacqui Thompson. I congratulate both of those women for the great job they have done.
Father Luis Rey can always be relied upon. He is an inspiration and a very lovely, spiritual man and a spiritual leader of our community. Certainly, Neil Bain, Gerry Oorloff, Tony Sullivan, Helen McCormack, Michael Guest, Dale Demarco, David Hardy and Sheryl Murray are all wonderful parents at the school who put in and can be called upon not just in their board roles, but in many other ways. They get in and do work for the school.
The Parents and Friends Association members are Sofia Dilshad and Sandra Hartley who have been there for the many years that I have been there - our kids were in transition together; Karen Wright, Louise Lodge, Kerry Schobben and Julie Andrews are all very hard working members of the Parents and Friends and can be relied on at all fundraisers to be there working in the canteen or collecting money at the disco. I congratulate Holy Family School. It is a lovely school.
I would also like to congratulate the senior school in our Catholic gathering, O’Loughlin College. The Principal, Richard Stewart, is a wonderful man and he does a lovely job with O’Loughlin College. They have a very good result for the Years 8, 9 and 10 and, like most smaller schools, they battle to keep the kids from heading off to Casuarina Senior College. I wish them all the best in their endeavours in future years to grow their numbers in Years 11 and 12. I congratulate Richard for his leadership at the school. It is a lovely school community. We have the hard working Chris Kirwan, Glenda Clifford, Norm Richardson and Margaret Flynn, Father Peter Robinson, Tim McClelland, Jenny Black, Mary Ann Skelton, Phillip Nickols and Ian Grazioli are all board members and working very hard.
I have had the pleasure of working with Tina Sacca and the Parents and Friends, and Sandy Kirsopp and Damien Collis are very able helpers there for Tina.
Malak Primary school also had a wonderful year. We have seen the school go from strength to strength this year with the new school principal. Russell Legg, the Principal, came into the school at the start of this year and really strengthened the school. He has done great strategic planning for the school and is very ably assisted by a new school council Chair, who has taken on the job. Lyn Chong, in her first year as school council chair, has just shown that she is a very capable and able strong leader in our community, and attending quite a few school council meetings, she has a lovely wit and an ability to encourage people to speak up. Other members are Chris Kelly, Clair Dodt, and Donna Smith. Donna, I have to say, stands out in her fundraising capabilities. Almost single-handedly she has organised so much fundraising for Malak School and got them a really good result on the dollar for dollar, so good on you Donna.
Gillian Furniss is a woman of great humour and a good secretary. We have Karen Jipp; Loene Wilson; Mark Munnich, the ASSPA chair; Natalie Eerden; Nicky Honan and Paul Quinn - all wonderful teaching staff who have put into the council and put into that strategic planning. We have Shannon Pope; Tamra Tartaglia and Tania Hill, as well as our ASSPA community members, Sue Hancock, Carmel Croydon, Sharna Raye, Vicky Carter, Priscilla Egan, Wendy Franey and Irene Bridges.
Malak School is a school that everyone in Malak can rightly be proud of. It is a beautiful looking school, and it has good educational outcomes. It was showcased by both the Minister for Health and minister for Education last week when they launched the dental services for schools, and it quite deservedly was showcased. It is a great school in our community.
I also acknowledge the work being done at the community level by both Malak and Karama Neighbourhood Watch. Karama Neighbourhood Watch has been led by Ted Dunstan all year as the area coordinator. Ted takes to his role with great gusto. He pops into the office several times a week and discusses Neighbourhood Watch issues with either myself or my electorate officer. Karama Neighbourhood Watch continues to go from strength and strength and is a very active Neighbourhood Watch in the Karama area. I believe the role by Neighbourhood Watch is bearing fruit. We certainly have very low crime rates out in Karama. It is something like four break and enters a month which, compared to some years ago, is incredibly low. The encouragement for Neighbourhood Watch from local residents has been fantastic. So, Ted, I congratulate you for your work, and the regular residents who turn up to Neighbourhood Watch and really put their shoulder to the wheel – they know who they are, I thank them on a regular basis.
Malak Neighbourhood Watch launched this year. Lee Kariko stepped up for the role of area coordinator. He is doing a terrific job ably assisted by his wife, Barbara. They have just had a little baby; that does not seem to have daunted them. Logan is only a few weeks old, yet they are there working hard, and we are organising a great fun day for the Malak residents coming up in December.
There are hard workers who are there every year. Eric Harris continues to be out there in the community as our senior, continuing to help seniors in need, and I take my hat to Eric. He has had a tough year health-wise, but he certainly has not slowed down in his endeavours to help people. I thank the owners of Karama Shopping Centre, the La Pira family. They continue to enhance the shopping centre and work with the traders in the shopping centre to deliver a lovely community asset to our residents. I thank the new manger of Coles, Andrew Parkyn. He has come in with a great deal of vibrancy and has listened to the community and invoked quite a few improvements and enhancements at Coles, and certainly supported fundraising efforts by Neighbourhood Watch. I really do thank Andrew Park for his good endeavours in the Karama community.
Malak, as we know, is undergoing great changes over at Malak shops. Henry and Susannah Yapp are doing a wonderful job as owners of that shopping centre. Beautification there is going to make the world of difference. I thank the Multicultural Council of the Northern Territory for having the faith to move out to Malak and to join the other non-government organisations out there. It really is enhancing our community in Malak; it is looking wonderful.
The police have continued to do a magnificent job in the Karama/Malak area. They work with our community. They are a tremendous force and certainly Territorians have everything to be proud of.
Legislative Assembly staff, I thank you. You work tirelessly, certainly the Table Office, the Clerk’s Office staff, Corporate Services, Parliamentary Services area, the Library; they all do a great job to support us members.
I thank my electorate officers for their hard work this year. Nicole Lewis went on to better and bigger things in the department and I am sure she is going gang-busters there. I have had some temporaries come in, Chrissy, Caroline and Kate, you have been fantastic. I want to thank my mother, Dawn Lawrie, who stepped in at the last minute to work in my electorate office for me. She has been an enormous help while I went off to have my third child, Zac Pigot.
I cannot let the year end without thanking people who have been phenomenally important in my life just recently, particularly my midwife, Kathy Colbert. Thank you, Kathy. You have been amazing and supportive through my birthing process of Zac. Thank you, Dr Margaret O’Brien, for stepping in and helping us in our hour of need for Zac’s birth. Royal Darwin Hospital, you have everything to be proud of. You have an amazing maternity staff on the sixth floor. They are wonderful, every one of them. I was there for a week and they were fantastic.
Finally, to my family: to my husband, Tim Pigot, thank you for being so understanding when this job takes me away from the family all the time, and to my daughters, Jhenne and Bronte, who are getting used to a life of politics. Merry Christmas to one and all!
Mr KIELY (Sanderson): Mr Deputy Speaker, tonight I acknowledge the wonderful work that is going on at Sanderson High School, and to make mention of the Year 12 award ceremony for 2004 which I had the pleasure to attend and present an award, along with the member for Karama, who I have the great pleasure of sharing the Sanderson electorate with - the students and the catchment from her electorate and the Sanderson electorate all combined. She is a great assistant to the school and to the students. The minister, Hon Syd Stirling, also enjoys the company of the Sanderson school, and takes every opportunity to get to their awards.
It was a significant night, particularly for around the 40-odd students who are graduating, and who were receiving an award for 2004. I will run through the list because it is important that they are placed on the record. They were Graiza Abellanosa, Jaye Ah Mat, Phillip Ah Wong, Fahad Alam, Rachael Ayers, Brent Bound, Jonathan Carr, Hayley Darben, Sarah Dempsey, Helen Dietrich, Nativity Dunbar, Jasmine Featherstone, Claudia Freitas, John Ginis, Brock Hall, Melissa Harris, Damien Heath, Ying Jin, Tara Liddy, Anikita May, Renn McCormack, Rebecca Michels, Hayley Miles, Sophia Moffatt, Aeyasha Mohammed, Timothy Nicolson, Simon Nuttall, Robert Pocock, Chloe Rawhiti, Kyle Rayfield, Briohny Reynolds, Sarah Richard-Preston, Ryan Smith, Ebony Smith, Rebecca Stevens, Robert Sykes, Jaymee Taylor, Caleb Wanganeen and Tara Wilson.
This is just one step in the great journey of life that these young students are leaving and going on to. Some will be going into the work force, some will be going on to university, others will be travelling. The whole world is before them, and it is a marvellous journey that they will be embarking on. The significance of this stage in their life is best summed up by the school principal, Ms Denise Wilkowski, who gave the following speech on the night. I would like to quote it verbatim into Hansard because it really hits the nail on the head as far as the feelings for this particular group of young Darwinites is. This is from Denise Wilkowski:
- Honoured guests, parents, friends, colleagues and especially the Class of 2004:
We have come together tonight to recognise a very important rite of passage for a special group of
young people who are about to embark on the next stage of their lifelong journey …And it is extremely
gratifying to see so many of you who have encouraged and supported these students over the years here
this evening.
November for teachers is always tinged with some relief and a little sadness as yet another cohort of Year 12s
depart with the excitement of having finished school at last, the anxious wait for their NTCE results and the
apprehension about what the next stage of their lives will bring.
Each year at this time, I think how fortunate I am to have chosen a profession which brings me in contact with
so many interesting people at such a significant stage of their lives - albeit a stressful one. I am sure that Year 12s
will agree with me when I say that the last couple of weeks - in fact the learning process for most of this year - has
been somewhat stressful and personally challenging. Very little will change for this special group of young people
in their next stage of their journey life.
I ask them to learn from yesterday, live for today and hope for tomorrow, and to do the following: never stop
questioning; count everything as a learning experience; learn from your failures; learn from your successes;
when you hit a spot of trouble ask ‘What is it trying to teach me? The lessons are not always happy ones but
they keep on coming.
Part of growing up is that you learn from your jobs; learn from your friends and family; learn by accepting the
commitments of life by playing the role that life hands you, not necessarily the roles you have chosen; learn by
growing older, by suffering, by loving, by bearing the things you cannot change and by taking risks. You will
learn that no matter how much you strive to please there are some people in this world who are never going to
love you.
Be an enzyme, a catalyst for change. Make it your mission to make some small difference in the great scheme
of life. Use your education to set goals that will keep you going throughout your whole life. Never forget that
life is an endless unfolding and, if we choose it, it is an endless process of self-discovery about our capacity
for learning, understanding, aspiring and achieving.
From here on, Class of 2004, you really are in charge of you own destiny and unfortunately, I cannot give
you a remote control to manage your destiny because life just isn’t that simple. Remember we all enter
the world the same way. It is where we go that shapes us.
That was a pretty significant speech by the principal and it shows the caring and the love, and I use the word meaningfully, the love that the principal has for these students as they leave the environment of Sanderson High School. I know that the principal, Denise Wilkowski, does feel a sense of loss and a sense of joy when her students pass through Year 12, because it is a great time for them.
As I said, it was an awards night and I would like to go through some of those now.
The personal best medallions for 2004 went to Graiza Abellanosa, Jonathon Carr, Melissa Harris, Jin Ying, Tara Liddy, Anikita May, Aeyasha Mohommed, Anthoula Mpilias, Tim Nicolson, Robert Pocock, Chloe Rawhiti, Kyle Rayfield, Briohny Reynolds, Sarah Richard-Preston, and Tara Wilson. Congratulations to those individuals for the best personal medallions. I had the special pleasure of awarding the Stage 2 service award, and this is the fourth year that I have sponsored this award in my capacity as the member for Sanderson. It was a great pleasure to do so as I fully recognise the incredible amount of work that the Sanderson staff undertook to get the youth to where they are. I also recognise that the students needed to give their studies their best shot, and on the night it recognises the work and accomplishments of all concerned; and that is not forgetting the parents who are important in the process.
I was pleased to give the individual award to a young woman who had been a student at Sanderson High for five years of her secondary education. She has become increasingly self-assured. Through her persistence and tenacity she has achieved commendable academic and personal growth. She displayed maturity and independence throughout the year, and single-handedly on many occasions organised fundraising events for the Stage 2 awards dinner. These included a barbeque at the swimming carnival, several car washes - very active indeed; and this particular individual worked tirelessly on these occasions and committed to helping others and supporting those around her. The recipient for this year’s award was Briohny Reynolds. She looked to be a youth with a great future ahead of her, very, very mature for her years. I wish her all the luck and it is an award well deserved.
On the night, there were also other awards. There was the Aboriginal and Torres Strait Islander award which is the highest achieving indigenous student which was Tara Liddy. The Aboriginal and Torres Strait Islander awards for the high achievements were Jasmine Featherstone, Pebert Pocock, and Anikita May. The 2004 Caltex Best All Round award was taken out by Timothy Nicolson. The Sanderson High School Council award for highest achieving student was Tara Liddy. The Sanderson High School Council award for high achievement was Graiza Abellanosa and Chloe Rawhiti.
The Board of Studies awards for indigenous achiever for Year 12 2004 was a bit of a double because recipient was Tara Liddy. What a fantastic student. Tara has a very quiet, organised, mature approach to her studies, and utilised her study lines very effectively to complete her Stage 2 exams in the high school. Towards the end of September, when students were finalising work submissions for Year 12, Tara broke her ankle and was away from school for around four to five weeks. During this difficult time, Tara completed all of her pieces from home. She also undertook a visual arts course by correspondence and her work has also been selected for display at the Northern Territory Museum and Art Gallery from 4 March to 26 April 2005. That was a fantastic effort by Tara. Not only did she pick up the school council award for the highest achieving student as an indigenous student, but also the overall. Fantastic personal achievement for her and it speaks volumes for the efforts of the school staff over there, to work with her to get her there.
Mr Deputy Speaker, I must make mention that there are a couple of students who are actually young mothers, and this is fantastic, that young women who have had the joy of having a child are still able to concentrate, know the value of the studies, and that the school could work with these young mothers and assist them through their own hard work, to get through and achieve their Stage 2 is just a simple statement of high achievement for the Sanderson High School.
I look forward in the years to come to working with Sanderson High School. The Principal and the staff are doing a fabulous job. Their work for the youth in Sanderson cannot be overstated. They do a wonderful job. I was there last week as well for a morning tea with all the teachers, and let me say what a fine body of staff it is. They are all committed, absolutely no doubt about it. They will be back next year, and I will be there next year. I look forward to hopefully being there this time next year and also being present for the awards.
Congratulations once again to the awardees. Make the best of what lies ahead of you. I am sure that on behalf of all member of the Legislative Assembly, we wish you well in your future years and your future endeavours.
Motion agreed to; the Assembly adjourned.
Last updated: 04 Aug 2016