2006-06-15
Mr Acting Speaker Kiely took the Chair at 10 am.
Mr Acting Speaker: Honourable members, I draw your attention to the presence in the gallery of Year 8 Kormilda students, accompanied by Ms Jacinta Mooney. The class members come from all over the Territory. We have students from Peppimenarti, Timber Creek, Pigeon Hole, Willowra, Ti Tree, Santa Teresa, Gapuwiyak, Milikapiti, Ngukurr, Gunbalanya and Jabiru. On behalf of honourable members, I extend a warm welcome.
Members: Hear, hear!
Dr LIM (Greatorex): Mr Acting Speaker, I present a petition from 104 petitioners praying that the Northern Territory Place Names Committee retain the name of Golf Course Estate for the suburb adjacent to and surrounding the Alice Springs golf course. 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:
Dr LIM (Greatorex): Mr Acting Speaker, I present a petition from 72 petitioners praying that the Salaries Section of DCIS in Alice Springs be retained, making a total of 329 petitioners. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders. The petition is in similar terms to a petition presented in the May sittings. I move that the petition be read.
Motion agreed to; petition read:
Dr LIM (Greatorex): Mr Acting Speaker, I present a petition from 253 petitioners praying that a decision to hand over the 11 Central Australian national parks be rescinded. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders, and it now makes a total of 2749 signatures from Central Australia. This petition is in similar terms to a petition presented in the May sittings. I move that the petition be read.
Motion agreed to; petition read:
Dr LIM (Greatorex): Mr Acting Speaker, I present a petition from 1945 petitioners praying that the decision to hand over the 48 Territory-owned parks be rescinded. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders, making a total of 4694 petitioners objecting to the parks hand over. I move that the petition be read.
Motion agreed to; petition read:
Members interjecting.
Dr Toyne: You will never win back government by lying.
Dr LIM: A point of order, Mr Acting Speaker! I believe that the Deputy Chief Minister has accused people of lying. I suggest that …
Mr Stirling: Only you!
Dr Toyne: It was me!
Dr LIM: Well, even more so now that he is making a direct accusation. I suggest he withdraw.
Mr ACTING SPEAKER: Thank you, member for Greatorex.
Mr STIRLING: Mr Acting Speaker, if the member for Greatorex believes that I accused him of lying, I withdraw.
Mr ACTING SPEAKER: Thank you, please continue, Mr Deputy Clerk.
Mr VATSKALIS (Mines and Energy): Mr Acting Speaker, I report on the results of my team’s participation in the Association of Mining Exploration Companies Congress, AMEC, in Perth last week. It was the latest leg in the Top End Secret Road Show, part of my department’s $15.2m program Building the Territory’s Resource Base.
Over the past 18 months, we have promoted the Northern Territory minerals potential to over 15 000 industry representatives in Australia and overseas. Through the Top End Secret Road Show, my department has seen a 250% increase in the take-up rate of geoscience data, an 85% increase in new mineral exploration licence applications from 2004-05, and a doubling of mining exploration licences in the last five years - the highest since 1994.
Moreover, the Minerals Council of Australia has recently scored the Northern Territory as tops for mining tenure management compared with other jurisdictions. However, we need to do more, particularly for facilitating access under Aboriginal land rights and native title processes.
To this end, in Perth, I launched a new handbook called Exploring Country – A guide to making an exploration and mining agreement. The booklet resulted from a suggestion by Mr David Ross, Director of the Central Land Council, that the government should highlight success stories of Aboriginal employment and enterprise in the mining industry, and provide examples of how industry and community partnerships can benefit everyone. The hand book also outlines the exploration and licensing process in the Territory, lists the key players, explains legislation and provides useful resources and contacts. I hereby table the booklet for honourable members.
The launch in Perth last week was in conjunction with a day long seminar, with over 70 attendees, run by my department on accessing land for mineral exploration in the Northern Territory. In addition to me and my department, the seminar was addressed by speakers from the land councils, the National Native Title Tribunal and industry representatives. Speakers confirmed the successful outcomes reached through partnerships between the land councils, government and industry. The AMEC Congress was a valuable platform for promotion of the Northern Territory and of the Building the Territory’s Resource Base program. All the states were represented and I had the opportunity to present a keynote address. There were 400 delegates at the congress and I met many current and prospective Territory clients.
My keynote address outlined the advantages of doing business in the Territory, the world-class geoscience data available from the Geological Survey, as well as current mining success stories, such as Territory Iron’s Frances Creek Project, GBS Gold, Bootu Creek and the Brown’s polymetallic project near Batchelor.
Our government is doing all it can to assist explorers on the ground in the Territory with our focus on improving the Territory’s competitive position in attracting global investment. This means ensuring our pre-competitive geoscience information is maintained and expanded, facilitating land access through partnerships with Aboriginal people, increasing the intensity of exploration drilling and, above all, telling people about our initiatives and progress.
Our commitment to land access is evidenced by the booklet, the seminar and the fact that the government and the land councils are working together on the same platform and speaking with the same voice. This was a first and was recognised by all at the AMEC Congress as a new and powerful message.
Most mining companies are based outside the Northern Territory. It is crucial that we continue to sell the Territory, its investment opportunities, and the assistance government can provide to support industry at major interstate events such as the AMEC Congress.
A pipeline for potential new businesses has been created through the many contacts and meetings held during this trip and our relationships with key clients have been strengthened.
Ms CARNEY (Opposition Leader): Mr Acting Speaker, while I welcome the minister’s report, this Mines minister has no credibility whatsoever when it comes to this portfolio. I well understand, minister, why it is that you need to travel to these conferences, but you have extraordinary bad form in this portfolio. One need only point to the McArthur River Mine debacle, brought on by you and the person sitting on your left. You threw McArthur River a lifeline at the 11th hour, and who knows what the ultimate outcome of that will be. You have done yourself an incredible disservice by the way you have conducted yourself in this portfolio.
I noticed there is a reference to McArthur River Mine in this little booklet that has on page 1 your photograph, and a statement that appears welcoming. I will come back to a line that is in that statement shortly. You go on in this government printed document to sing the praises of McArthur River Mine, and you talk about the employment programs it operates, how significant it is, and how important it is to the Northern Territory. Well, minister, you and your mate and all of your colleagues were more than happy to put that at risk only a few months ago and that was 300 jobs, and 400 supply companies. The number of people who could have been affected – who have been affected by your decision was significant. Yet you have the hide to talk in here about how wonderful McArthur River Mine is. You also had the hide to say on your first page: ‘The Territory’s open for business’. It is not true, minister.
What is your position on uranium mining? Do not respond by saying it is the Commonwealth’s responsibility because you are absolute chickens when it comes to uranium mining. Your boss has not even had the courage to say: ‘I think this Territorians’. She is going to wait until Bomber Beazley gives her the green light before she opens her mouth. You and she are both disgraceful.
Mr VATSKALIS (Mines and Energy): Mr Acting Speaker, the only time the Territory was closed for business was when the CLP was in government.
Members: Hear, hear!
Mr VATSKALIS: In 1994, mining was booming in the Territory. Then all of a sudden it stopped. Why? Because they decided to play politics. They decided not to issue exploration licences. They decided not to open mining because they want to blame the blackfellas. It was their fault for locking the land away. It was their fault they would not give approvals. That is a load of rubbish. In relation to the McArthur River Mine, I tell you what, we were prepared to go to any cut mining company that complies with the rules and regulations of the legislation with regards to the environment and mines the Territory. We are not going to sacrifice the Territory’s environment. We are not going to prepare and present another liability of $30m or $40m or $50m like the Mt Todd legacy of the CLP.
Dr BURNS (Planning and Lands): Mr Acting Speaker, I take this opportunity to provide an update to the Assembly on the outcome of negotiations with Delfin Lend Lease regarding Stage 7.6 of The Chase Development in Palmerston. Some members may recall that in 2004 Delfin applied to the Development Consent Authority to subdivide Stage 7 of The Chase into 132 allotments. Objections were received from a number of residents opposed to the development of Stage 7.6, and in October 2004 the member for Blain presented a petition with 1101 signatures requesting that Stage 7.6 be zoned for conservation. To allow for the remaining parts of Stage 7 to proceed, Delfin amended its application to remove Stage 7.6.
I subsequently advised this House that I would not rezone the land, but would try to negotiate a solution. I had met with local residents and Delfin to discuss the issues raised associated with the development of Stage 7.6. During those discussions, the option of purchasing Stage 7.6 was flagged. Considerable discussion and consultation occurred between Delfin and the Department of Planning and Infrastructure on the purchase of Stage 7.6. However, due to fundamental differences in the methods used by the Territory and Delfin in assessing the compensation due to Delfin, it has not been possible to reach common ground.
Although the land has not been developed, Delfin insisted on compensation on the basis of loss of profit whilst government sought the usual loss of land valuation. In fact, each time the Territory approached Delfin the compensation being asked for just kept increasing. In an attempt to resolve the impasse in November 2005, I met with the CEO of Delfin and discussed the option of a land swap in lieu of monetary compensation.
Delfin were offered a choice of two areas roughly the same size as Stage 7.6, adjacent to the former Chan Park Nursing Home. The land is close enough to The Chase Development that it could be marketed as a further stage of The Chase, and the land is also considered more valuable as it is elevated and will be suitable for medium density residential development, whereas Stage 7.6 is in a gully. The counter offer by Delfin was considerably greater than what was considered reasonable. Delfin’s view was that an area twice the size of Stage 7.6 would be considered as adequate compensation. Also, Delfin was asking that planning approval be fast-tracked. They wanted support for smaller allotments and relief from constructing an intersection to Roystonea Avenue, which was a condition of the development approval.
In December 2005, I again wrote to the CEO of Delfin advising that its proposal would result in compensation to Delfin considerably in excess of that previously sought. I reconfirmed the government’s view that the land being offered was considerably more valuable than Stage 7.6 and asked that Delfin reconsider its position. I table a letter written at that time to the CEO of Delfin.
Although there were further meetings with Delfin and my office on the possibility of a land plot it was clear that Delfin was not prepared to vary its position and further negotiations would prove pointless. Every effort has been made by government to resolve this matter either through the payment of just compensation or by way of land exchange. However, Delfin has viewed each approach by government as an opportunity to increase the amount of compensation due and has not been willing to compromise its position.
Delfin has again applied for the Development Consent Authority to develop Stage 7.6 and it is now up to Delfin to respond to the concerns of the Palmerston community through that process. Stage 7.6 will now be considered by the DCA at its meeting on Tuesday, 20 June, 2006. I can assure the residents of Palmerston that the DCA will take into consideration all the concerns that have been raised by residents and the submissions received before making a decision on Stage 7.6.
Ms CARNEY (Araluen): Mr Acting Speaker, I thank the minister for his statement but I am compelled to say: ‘Not good enough, minister, nice try’. We suspect you will be sending your comments and the letter to all of the people who put their name of the petition that my colleague, the member for Blain, brought into the parliament not so long ago.
There is much more you can do. We note the slippery nature of the government when something is nice and easy and doable: the ministers are there front and centre. When it is a bit controversial, you feel as though there is nowhere to go. You are appealing to sectional interests. You say it has nothing to do with me, I will leave it to the process. Your hypocrisy is noteworthy. As is minister, your comments or the minister for Mines’ report earlier - who is sitting just over your shoulder - because whoever it was on the fifth floor who decided that we should do these two ministerial reports this morning really made a mistake. The minister for Mines said in relation to McArthur River that he would not sacrifice the environment, it was so important that he would not sacrifice the environment. Yet you, minister, say we are prepared to sacrifice the environment, we are not prepared to go into bat to protect the escarpment which is at the very centre of the issue about which you speak.
One of the problems with having many people is you probably need two conductors, so the two conductors had better speak to each other and you had better make sure that you get your lines right in future. You cannot have a minister saying to Territorians that we care about the environment and we will throw ourselves in front of bulldozers to protect it, and yet you, minister, say it is all a bit hard, there are many things I can do, but I will not. Bad luck for the environment.
You have displayed, once again, minister, your complete contempt for the people of Palmerston. The two representatives from Palmerston should note in future not to sidle up to you when you are talking about issues in their electorates.
Mr WOOD (Nelson): Mr Acting Speaker, I suppose what this highlights is the inadequacy of forward planning when governments put land up for sale. The history of this Delfin estate goes back before this government. Land was sold without any planning of what should be taken out of the subdivision, and that land has been sold as if the developer then said: ‘I have the right to develop all that land because you have sold all that land to me’.
That is one of the fundamental changes that the government has to introduce into the selling of land for public development in the Northern Territory. Silkwood Estate is also an example at the present time. There is some land down there that should have been taken out of that subdivision before it became freehold. You also have Thorngate Road for the industrial hub. The government is looking at rezoning land there without having a look at what land should not be part of that industrial estate. You should do it now, and it should not wait until we come up with these problems that Delfin have.
I am no friend of Delfin. They are a glossy brochure company which puts out beautiful pictures of lakes and drains, but will not look after the creeks. It calls it a natural drain. Minister, you called it a gutter. I call it the headwaters of Mitchell Creek. If you really believe in the Darwin Harbour Management Plan …
Dr Burns: I have never called it a gutter.
Mr WOOD: I thought you mentioned that there was a gutter when you were speaking …
Dr Burns: No!
Mr WOOD: I withdraw if you did not say it, minister.
Dr Burns: I said ‘in a gully’.
Mr WOOD: Sorry, that was my hearing. If we believe in the Darwin Harbour Management Plan then we should believe in the protection of those creeks. Although Delfin might say they bought all that land, with the right to subdivide comes responsibility. The responsibility is to give open space to the community and also to protect the environment. I do not think they have a right just because they have all that land to build all over the natural environment. We as a group - people in Palmerston, the local members and the minister - have to fight for this and make sure that Mitchell Creek is protected. Let us not give in.
Dr BURNS (Planning and Lands): Mr Acting Speaker, I concur with much of what the member for Nelson said. There is a lot of history to this. The original development lease was issued by the former government, thereby giving Delfin certain legal rights and expectations in relation to that block.
I have tried very hard to resolve this issue, but it comes down to that fundamental difference in viewing the value of the land. Delfin had a loss of profit motivation; that is all they were thinking about and motivated by. Even for a land swap with a block of land that was much better, they refused. As minister, I cannot go beyond - and far beyond - the valuation that is placed on this land. We do have an Auditor-General who looks at these issues. Government has to act in a proper way. I am very sad about this issue. I have moved heaven and earth to try to resolve it and it has not been resolved. I believe Delfin should hang their head in shame, Mr Acting Speaker - and I say that on record in this parliament.
Ms SCRYMGOUR (Natural Resources, Environment and Heritage): Mr Acting Speaker, in a statement I delivered to this House earlier this year, I pointed out that the biggest emitter of greenhouse gases in the Northern Territory is our bushfires. In fact, 48% of the Northern Territory’s greenhouse gases are produced by fires in our northern savannahs. This, as all members are aware, is a significant issue that needs to be addressed in the context of climate change.
I am delighted to be able to report on very real progress in addressing this matter that is so crucial to our future. The government is on the verge of signing a groundbreaking agreement with Darwin LNG to reduce greenhouse gas production from late fires in western Arnhem Land. The deal is the result of nearly a decade of work by traditional owners, Northern Territory scientists, Bushfires NT and the staff of the Department of Natural Resources, Environment and the Arts.
Since the early 1990s, visionary Territorians such as Lofty Bardayal Nadjamerrek AO, who recently won the Indigenous Innovation Award for his work in this area, have been agitating to reinstate traditional Aboriginal land and fire management practices in their country on the Arnhem plateau. With the aid of organisations such as the Jawoyn Association and Bawinanga Aboriginal Corporation, traditional owners have built ranger programs from the ground up in preparation for the realisation of this dream.
Research scientists from the Tropical Savannah CRC at the Charles Darwin University and Bushfires NT have worked with Lofty and other traditional owners investigating the impact traditional burning regimes have on a range of environmental factors, including greenhouse gas production. The results of their research have been verified by the Australian Greenhouse Office, and show that well-managed early Dry Season fires can substantially reduce the amount of CO2 equivalent produced by fires in the same area late in the year.
Armed with a clear methodology that indicated that a well-planned and managed fire regime could measurably reduce greenhouse gas production, the Northern Land Council and the Northern Territory government approached Darwin LNG, then ConocoPhillips, with a proposal to establish a greenhouse abatement project. Under the terms of its licence, Darwin LNG has agreed to find greenhouse gas offsets for its 3.7 megatonnes per annum gas plant at Wickham Point; that is, Darwin LNG must find some way to reduce the impact of its project on the global production of greenhouse gases. The West Arnhem Fire Management Agreement does just this. Darwin LNG will pay Aboriginal traditional owners to plan and manage fires in western Arnhem Land in such a way that at least a 100 000 tonne reduction in greenhouse gases is gained annually. This abatement will be audited by the CRC for Tropical Savannahs following the methodology approved by the Australian Greenhouse Office.
The project is remarkable for a few reasons. It places the Northern Territory at the front of the global search for reductions in greenhouse gas emissions. It employs traditional indigenous fire and land management wisdom, coupled with the latest cutting edge science and technology. It provides employment opportunities and training for Aboriginal youth in a truly sustainable context. It will have a range of side benefits, including the management of rare monsoon vine forests in the region, and it will provide Darwin LNG with a greenhouse gas offset that will allow it to meet the terms of its licensing agreement. The project partners are now on the verge of signing this groundbreaking agreement.
There will be substantial environment benefits from this project. It will reduce biodiversity lost from destructive wildfires, and it will reduce greenhouse gas emissions by approximately 100 000 tonnes per annum. In addition to the environmental benefits, there will be significant long-term benefits in the provision of ongoing employment opportunities for Aboriginal people. There is also enormous potential for this project to set a precedent for similar greenhouse gas abatement projects elsewhere with different partnerships.
Other large companies are already expressing an interest in the project in the Gulf region, and there is potential for similar work on the Daly River/Port Keats Land Trust. Projects such as this will start to make real inroads into climate change and the problems we face. Indigenous land and fire management for greenhouse gas abatements will become a significant reality. I will keep members advised of the progress with this groundbreaking project.
Mrs MILLER (Katherine): Mr Acting Speaker, I welcome the minister’s report this morning on the reduction of greenhouse gases. It has been an issue in the Northern Territory, more than anywhere else in Australia, for a very long time and, of course, it also affects people’s health.
It was very obvious when we were returning from Nhulunbuy a couple of weeks ago in the mid-to late afternoon. We left Nhulunbuy Airport on a clear sky, beautiful day and, by the time we were half an hour out of Nhulunbuy, you could not see anything of the Northern Territory because of greenhouse gas emissions. There was not one person on the plane who did not agree that something has to be done. It is a serious problem. I welcome the minister’s report and look forward to seeing vast improvements over the next few years.
Mr WOOD (Nelson): Mr Acting Speaker, this highlights that, unlike in the Chief Minister’s statement the other night that gas is a very green energy source, it is just not true. The reason you are doing this project, which I believe is a great project, is because we are pouring greenhouse gases into the atmosphere from the LNG plant, and that is a fact. It would be better if we had energy sources that did not have greenhouse emissions and if we reduced the amount of burning, we will get more benefits than we are getting at the present time.
I welcome the minister’s statement. I am interested in the practical application of what you are trying to do and the effect it will have on the environment, because we know some burning is required, therefore we will still be putting greenhouse emissions into the atmosphere. We are not going to ask for a no burn of Arnhem Land - I cannot imagine that.
Ms Scrymgour: No.
Mr WOOD: That is right, but I would like to see how it is carried out in practice as the years go on. You have offered to give us some reports as time goes by.
There are practical applications. Fires are not something you can always control. Fires get out of hand. People light fires just for mucking about, and you can get accidental fires. It will be good to see your report on this whole matter. It is groundbreaking but, as I said, what it does highlight is the fact that the Chief Minister is pushing for gas as a very green energy source, which is not the case. It still produces massive amounts of carbon dioxide and, thankfully, you are looking at a way of at least keeping that balance.
Ms SCRYMGOUR (Natural Resources, Environment and Heritage): Mr Acting Speaker, I thank both members for their responses, because it is a groundbreaking project. Everyone, all the partners in this project, particularly the traditional owners, recognise the benefits of having that traditional knowledge in those practices. We cannot avoid wildfires, they will happen. At least if we get those management techniques in place, that will reduce emissions.
In relation to gas, and I agree with the Chief Minister: gas, gas, gas, bring it on. There is not enough use of our natural resources. I know, member for Nelson, that you like nuclear energy and the whole issue of uranium. I say gas.
Mr HENDERSON (Business and Economic Development): Mr Acting Speaker, it was my pleasure to open a workshop in Darwin last month titled ‘Partner Up’, which was attended by about 40 representatives from the engineering and the metal fabrication industry.
The two day workshop, coordinated by my department, was designed to prosper business partnerships across the region from the Kimberlys to North Queensland, including the Top End of the Northern Territory, to assist local business in tendering for major project work. Forming partnerships or clusters gives similar businesses the opportunity to pool their skills, resources, knowledge and experience to be more competitive on tendering for large contracts, leading to business growth and new job opportunities.
It is crucial businesses in North Australia look to partnerships of this kind. North Australia has about 6% of Australia’s population, producing 30% of the nation’s exports. Western Australia, the Territory and Queensland have 73% of Australia’s land mass and contributes collectively around one-third of the nation’s GDP, with about one-third of its people. These figures have a measure of the importance of the north to the nation economically. That is why it is so crucial that our SMEs work together to build capacity and ensure they maximise the benefits to themselves, and to the Territory economy generally of major projects.
Of the 48 participants at the ‘Partner Up’ workshop, 35 came from the private sector, 30 from the small and medium enterprise sector, 39 participants came from the Territory, and seven came from Queensland, with one each from New Zealand and South Australia. Key note speakers included representatives from Alcan, ConocoPhillips, ACCC, Mt Isa Mines and Engineering Taranaki from New Zealand.
In feedback from the forum, 95% of the participants believed their business will benefit from the forum, and that they had established valuable networks. Most were keen to attend follow-up forums.
There are plenty of work opportunities for our SMEs, particularly repairs and maintenance with major projects including Alcan’s $2bn expansion at Gove; ConocoPhillips $1.6bn Wickham Point plant in Darwin that the member for Nelson does not like very much, part of the broader $5.4bn Bayu-Undan LNG projects which has …
Mr WOOD: A point of order, Mr Acting Speaker! I did not say that. I would just like the minister to prove it.
Mr ACTING SPEAKER: There is no point of order.
Mr Wood: I would just like to have it on the record that that is a load of rot.
Mr ACTING SPEAKER: Member for Nelson, please be seated. Please be seated.
Mr Wood: I will.
Mr HENDERSON: The member for Nelson – I will get the Hansard for him – said that the LNG plant at Wickham Point produced massive amounts of greenhouse gas. Now, I take that to be a talking down of that particular facility, and obviously criticism of any potential expansion of that facility, given his comments.
Mr Wood: You would, of course. You would like to twist the truth. Who supported the LNG plant? I did!
Mr HENDERSON: You speak out of both sides of your mouth quite often, member for Nelson. You cannot have your cake and eat it too.
There is the bulk handling facilities at the Port of Darwin meeting the demands of the $100m Bootu Creek manganese export project and iron ore shipments from Frances Creek, and developments of the Black Tip gas field and pipeline.
The potential developments of the Sunrise field in the Timor Sea with its 7.8 billion cubic feet of gas, that I am confident will lead to unlocking $20bn in oil, and $30bn in LNG that this government supports over 20 years, potentially supplying a second train of the expanded Wickham Point.
The opportunities also extend into the Carpentaria mineral province to our east, and the Kimberly and Pilbara to our west. Northern Australian businesses have many comparative advantages in bidding for this work including understanding the challenges of labour market supply, the booms and busts in demand, the nuances and logistics of supply, indigenous employment and the need to embrace and boost this aspect, and our unique culture and climate. There is no doubt our SMEs have proven their capabilities to service major projects here in the north. It is sometimes just a question of capacity to meet the substantial requirements of major project partners. Forming strategic alliances with other North Australian businesses will ensure they have the capacity to be competitive.
I acknowledge and thank the Manufacturers Council of the Chamber of Commerce, Northern Territory for their support in putting the ‘Partner Up’ workshop together, along with the valuable support provided by AusIndustry NT Regional Office, the Cairns Region Economic Development Corporation, and the Cairns Region Engineering Network.
Ms CARNEY (Opposition Leader): Mr Acting Speaker, I thank the minister for his statement. It is clear that SMEs play a vital role in the business and social life of the Northern Territory, so workshops of any description are always a good idea. It would have been a really good idea had the minister for Business actually attended these, and indeed a whole lot of other workshops. Government describes itself from time to time as a business. Let us look at the performance of this business government.
They are taking the Territory to unprecedented levels of debt with Treasury estimates to $4bn by 2008. This is a government that has received about $750m over and above the GST take that they expected since Percy Allan swung by just after 2001. This government has blown its wages bill by something in the order of $100m and if a business even went close to the poor performance of this government in its management of its staff and resources, then that business would go broke and it deserves to go broke. However, due to the lifeline that is constantly being provided by Peter Costello and John Howard, this government is able to keep blowing its budgets. We look forward to pursuing these and so many other questions in estimates next week.
I conclude by asking whether the minister for Business is remotely concerned about the article that appeared in the Centralian Advocate last week. People have been talking for some time about the way your department leaks; that is the Tanami Gold not using Alice Springs as a supply base. That is an enormous problem for Alice Springs. The minister had his photo in the paper. I wonder if the minister for Business can tell us if he is concerned about it and what he is going to do about it.
Reports noted.
Mr HENDERSON (Leader of Government Business): Mr Acting Speaker, I move that the Assembly at its rising adjourn until 4 pm on Friday, 23 June 2006, or such other time as notified by the Speaker, with one hour’s notice being given to government and opposition Whips and members by the Speaker or such other time and/or date as may be advised by the Speaker pursuant to Sessional Order.
Motion agreed to.
Mr HENDERSON (Leader of Government Business): Mr Acting Speaker, I move that the routine of business for Friday, 23 June 2006, be as follows:
(1) Prayers
(3) Notices
(4) Government Business – Notices
Motion agreed to.
Bill presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I move that the bill be now read a second time.
The purpose of this bill is to amend the Consumer Affairs and Fair Trading Act so as to: clarify that the minister and the Commissioner of Consumer Affairs may make in good faith and in the public interest, public warning statements about goods, services, businesses, or individuals; amend Part 7 so that the consumer protection provisions dealing with door-to-door selling also apply to contracts formed as a result of unsolicited telephone calls; amend the definition of ‘motor vehicle’ in section 125 to provide that a vehicle propelled by any hydrocarbon is a motor vehicle for the purposes of the act; amend provisions currently allowing for the minister to make declarations effectively excluding certain motor vehicles from the application of the act, so that such exemptions are made by regulation; and make various statute law revision amendments identified by Parliamentary Counsel.
The current provisions of the act, and I mention in particular sections 7(1)(a) and (d) and section 336 leave ambiguous the extent of the protection for the Commissioner of Consumer Affairs from legal action in the event that goods, services, businesses or individuals are named in a public warning statement. While such protection would appear to be the intent of these provisions, legal advice obtained in a recent matter is that it is not without doubt. It is the view of the government that the issue should be made clear. Legislation in other jurisdictions leaves the matter in no doubt. The proposed amendments set out in clause 4 of the bill are based on section 41A of the Australian Capital Territory Fair Trading (Consumer Affairs) Act 1973.
The bill also amends Part 7 of the act so that the consumer protection provisions dealing with door-to-door selling applies to contracts formed as a result of unsolicited telephone calls, a practice commonly known as telemarketing. The door-to-door selling provisions of the act are designed to protect consumers from high pressure selling tactics, particularly arising from unsolicited approaches by sellers. In general terms, the provisions: prohibit certain unfair terms in contracts; provide for cooling off and rights of recision of contracts; prohibit calls on Sundays and at certain other times - for example, after 8 pm weekdays; prohibit harassment; and provide for restitution in certain circumstances. Currently, the key section, section 98, is written on the assumption that the selling or some aspect of it will occur at a place at which both the consumer and the person selling are physically present. This means that contracts formed as a result of telemarketing are not covered.
Telemarketing is now prolific, and the Commissioner of Consumer Affairs advises me that this type of trading can cause similar problems for consumers, as did traditional door-to-door trading when this section was drafted. The commissioner is of the view that consumers should have the same protections whether or not the trader approaches the consumer in their home, in person, or by telephone. I share this view. This matter has recently been discussed by the Standing Committee of Officials of Consumer Affairs. Victoria and New South Wales have already amended their fair trading acts to apply similar provisions to both traditional door-to-door trading and telemarketing. I understand South Australia has indicated they may follow in the near future.
I now move to sections of the bill which deal with motor vehicles. Section 125 of the act defines ‘motor vehicle’ for the purposes of the licensing and warranty provisions of the act. The definition includes a vehicle propelled by volatile spirit, steam, gas, oil, or electricity. However, hydrocarbon produced other than from petroleum is a possible fuel of the near future and may not be covered by the definition of ‘volatile spirit’. This means that a motor vehicle, an otherwise ordinary car, propelled by such a hydrocarbon would potentially not be a motor vehicle for the purposes of the act. The bill amends the definition of motor vehicle in section 125 in anticipation of such motor vehicles appearing on the market.
The act also currently allows for the minister responsible for the act to make declarations effectively excluding application of the act to certain motor vehicles. This includes section 125 which provides for the declaration of a vehicle as not being a motor vehicle for the purposes of the act, and section 169 which provides for the declaration of the type of commercial vehicles to which the obligation to repair under warranty does not apply. The current process to exclude vehicles from the application of the act, under sections 125 and 169, requires that the minister place a notice in the Gazette. It can be difficult for both consumers and traders alike to keep a track of these exemptions or to locate this information. The bill amends the act to change the process of giving these exemptions under the act from one where the minister makes a declaration to one where regulations are made. Changing the process to place the exemptions in the regulations will make this information more accessible. In order to clarify current exemptions and make them transparent, they will be remade by new regulations.
A number of statute law revision-type amendments are also made. In particular, the Schedule amends the penalty provisions throughout the act to omit the specific provisions providing that the penalty for a breach of the act by a body corporate is five times that of the penalty for an individual. The reason is that the Justice Legislation Amendment Act 2006, passed in April 2006 sittings, amended the Interpretation Act so that the penalty for a body corporate is automatically five times that for an individual. Parliamentary Counsel will, in future, automatically make such statue law revision changes to legislation whenever an act is to be amended. The amendments to the penalty provisions have no effect on the actual penalties that can be applied either to individuals or corporate bodies.
Mr Acting Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
Bill presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I move that the bill be now read a second time.
A vexatious litigant is a person who frequently and persistently seeks to commence litigation without any reasonable grounds. Such people can repeat arguments which have already been rejected by the court, disregard the court’s rulings, or generally attempt to abuse the court process.
The Northern Territory courts have, over the years, experienced their fair share of such litigants. Not only do these people waste public resources by taking up the court’s time, they also cause harassment, annoyance and expense to those who are forced to defend matters which lack a reasonable basis. Despite this, it is vitally necessary to exercise care to ensure that the fundamental right of citizens to approach the courts to seek justice in accordance with the law are maintained.
This bill finds an appropriate balance. On the one hand, it restricts the actions of vexatious litigants while, on the other hand, it maintains safeguards which enable these people to still commence a legal action where it is appropriate and founded.
The bill was developed through the forum of the Standing Committee of Attorneys-General, and is based on a model bill which was developed after much consultation with stakeholders around Australia. Although there are some variations in the bills which are now being developed in the other states, the uniform approach to vexatious litigants will discourage them from forum shopping, curtail litigants acting in concert, and enable similar consequences to flow from one jurisdiction to another.
Currently, there are provisions in both the Supreme Court Rules and the Local Court Rules which allow a court to stay proceedings or give judgment on the basis that a claim or proceeding is scandalous, frivolous or vexatious. However, there is no power to prevent a vexatious litigant from issuing further proceedings. This bill gives the Supreme Court the power to make a Vexatious Proceedings Order which prohibits or limits the right of such a person to take or continue to take legal action.
Vexatious Proceedings Orders may only be made by the Supreme Court. It is considered that any power to curtail a person’s common law right to institute legal proceedings must only be vested in a jurisdiction’s superior court, the Supreme Court. A similar view was reached in other states, although only the Supreme Court has the power to make Vexatious Proceedings Orders or grant leave related to vexatious litigants, this power extends to the making of orders concerning a vexatious litigant in any court or tribunal in the Northern Territory. Similarly, the Supreme Court has the power to determine an application made by a vexatious litigant for leave to bring proceedings in any court or tribunal in the Northern Territory.
Before the Supreme Court can make a Vexatious Proceedings Order, the court must be satisfied that the person has frequently instituted or conducted vexatious proceedings, or that the person is acting in concert with such a litigant. The definition of ‘vexatious proceedings’ includes proceedings that are an abuse of the process of the court, instituted to harass or annoy, cause delay or detriment, or pursued without reasonable grounds. All orders made in Australia can be considered by the Supreme Court in reaching its determination, including proceedings which were instituted before the commencement of this legislation.
If the court is satisfied that the person has met the threshold test, the Supreme Court may make an order staying all or part of any proceedings in the Territory already instituted by the person and/or an order prohibiting the person from instituting proceedings in the Territory. Once the order is made, the person or anyone else acting in concert with the person, cannot institute further proceedings without the leave of the court.
However, the bill balances this limitation on the right to bring a legal action by providing that the Supreme Court may not make a Vexatious Proceedings Order until the person in question has had the opportunity to be heard. The bill also provides that a person, the subject of a Vexatious Proceedings Order, may apply to the court to have that order varied or set aside.
In addition to the Attorney-General, Solicitor General or a Registrar of the Supreme Court, members of the public who are aggrieved by vexatious litigants may also apply to the court for a Vexatious Proceedings Order. This means that the bill is accessible to all people who have suffered as a consequence of a vexatious litigant. In order to ensure that this process is not abused, the leave of the court must first be obtained.
The bill also ensures that a person who is the subject of a Vexatious Proceedings Order may still initiate a legitimate legal action, such as a personal injuries claim, with the leave of the court. However, there is no appeal from the decision of the court to dismiss the application. A decision by the Supreme Court is made after consideration of all the relevant facts. It is considered necessary to block off another avenue of appeal, as vexatious litigants tend by their nature to take action in any way possible to question a court’s decision, regardless of the merit of their position.
Mr Acting Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
Bill presented and read a first time.
Ms SCRYMGOUR (Natural Resources, Environment and Heritage: Mr Acting Speaker, I move that the bill be now read a second time.
This bill creates the Water Efficiency Labelling and Standards Act, which aims to encourage the conservation of water supply by reducing water consumption; provide information for purchasers of water use and water saving products; and promote the adoption of efficient and effective water use and water saving technology.
The growing demand for water in urban areas is a major policy challenge for all Australian jurisdictions. Technologies to increase the efficiency of water use in urban areas are readily available but are not being widely adopted; in part because purchasers do not consider water efficiency information when buying appliances such as toilets, dishwashers and washing machines. One way to provide this information in the marketplace is through water efficiency labelling. A voluntary Water Efficiency Labelling Standards scheme has been in existence since 1988. However, because of the voluntary nature of the scheme, the coverage and impact of the existing program has been limited. Few suppliers have chosen to label and those who have only label their best-performing products.
The purpose of the WELS scheme is to conserve water supplies by reducing water consumption through the adoption of water efficient appliances. Cost-effective products to increase water efficiency are readily available but are not widely adopted because there is a lack of information at the point of sale. Where this information is available it is often not in a form that would allow a consumer to directly compare the efficiency of competing appliances, and the lack of accessible information at the point of sale is a significant barrier to the uptake of water-efficient products. The WELS scheme aims to inform consumers about the relative efficiency of products, making this information readily available and will encourage manufacturers to produce, and consumers to buy, more efficient appliances. In this way, the requirement to label appliances helps shift the market towards more efficient appliances.
The legislative approach is a national legal framework where Commonwealth legislation is mirrored by state and territory legislation. Under this approach, the Commonwealth legislation applies to corporations and importers. The state and territory legislation applies to businesses that are beyond the limit of Commonwealth constitutional power, such as unincorporated businesses. The Commonwealth Water Efficiency Labelling and Standards Bill 2004 was passed by the Senate on 8 February 2005. The legislation adopted by states and territories will provide for the conferral of relevant powers and functions on a Commonwealth-based WELS regulator. The regulator will oversee the registration of WELS products to which the mandatory labelling and standards provision apply, and will monitor and enforce compliance with the scheme. Most jurisdictions in Australia have already introduced mirror legislation.
Water use products such as clothes washers, and water saving products such as waterless urinals, may be determined to be WELS products by the relevant Commonwealth ministers in consultation with the states and territories. WELS products cannot be sold unless they have been registered with the regulator. The bill contains the provision enabling the Northern Territory to pass a regulation that would prevent such a determination from having effect in the Territory. It is not expected that this provision would be used other than in circumstances where there are compelling reasons for doing so.
The WELS scheme may require registered products to be labelled. Product labels must be designed in accordance with the WELS scheme standard and show the water efficiency rating and general performance rating of the product. The WELS scheme may also establish minimum standards for WELS products in relation to water efficiency and general performance. A product that does not meet the minimum standards will not be registered by the regulator and therefore cannot be sold in the jurisdiction that has adopted the WELS scheme.
The scheme commenced voluntary participation from July 2005 with mandatory requirements commencing July 2006. This voluntary labelling period of 12 months has provided time for manufacturers to test and register more than 3000 appliances and fixtures so as to meet the requirements of the scheme. The 12 month voluntary period has provided distributors and retailers of WELS products with an adequate opportunity to adjust their product range by the time the WELS scheme becomes mandatory.
From 1 July 2006 it will be an offence to supply a WELS product that is not registered. That requires labelling in accordance with the standards. If it is not labelled it does not meet minimum WELS standards for water efficiency and minimum general performance. The bill also specifies offences in relation to the act of misuse of WELS standards and related information. The regulator may seek an injunction in the Federal Court to prevent a person from engaging in an activity that is contrary to the act. Inspectors may be appointed by the regulator to determine whether a person is complying with the act or to investigate a possible offence. If necessary the investigator may apply to a magistrate for a warrant to enter premises used for, or connected with, the supply of WELS products. A regulator may require a person by means of a written notice to provide WELS-related information to an inspector or to appear before a WELS inspector. Failure to provide information or to appear before an inspector is an offence. A regulator may cancel or suspend the registration of a WELS product if the conditions of registration are not complied with and the information provided to support the application was not accurate or is no longer accurate because of the changes to the product.
A person whose application to register a WELS application that has been rejected, or who has had a WELS registration suspended or cancelled may seek an internal review by the regulator of the regulator’s decision. Such a person may also seek a review of the regulator’s decision by the Administrative Appeals Tribunal. The Department of Natural Resources, Environment and the Arts will administer the scheme in the Northern Territory with the support of the Northern Territory Office of Consumer Affairs. From the Northern Territory perspective, I anticipate the Commonwealth government will take timely responsibility for pursuing action under the scheme.
The WELS scheme will initially include mandatory registration and labelling for showerheads, clothes washers, dishwashers, toilets and taps. Additional products such as evaporative cooling units and water heating and storage units could be brought into the scheme at a later stage. New products proposed for inclusion in the scheme would be subject to cost benefit analysis and public consultation.
The WELS scheme will initially apply a minimum standard only to toilets for which a plumbing standard already exists. This will not impact adversely on Australian manufacturers since toilets manufactured in Australia are already efficient dual flush systems. The minimum standard will prevent the import of single flush toilets.
In late 2002, the Commonwealth Department of the Environment and Heritage commissioned a feasibility study to examine the potential for and impact of introducing a national mandatory WELS scheme as a method of reducing urban water consumption. This study found that implementing the WELS scheme nationally would conserve 87.2 billion litres of water per year and generate nett savings to consumers of $900m by 2021 and have an overall benefit cost ratio of 4.0. From the resource cost perspective the projected nett benefit for Australia from WELS is about $386m per annum with a cost benefit ratio of 3.2.
The study also found that the introduction of the WELS scheme would see a reduction in greenhouse gas emissions from electricity and water use by reducing the amount of hot water used in showers, taps, clothes washers and dishwashers, and the electricity required for pumping potable water and waste water. The WELS study did not examine each jurisdiction separately and, therefore, there is no information on the savings, costs and benefits to the Territory available from the study.
However, the Institute for Sustainable Futures undertook the Alice Springs Water Efficiency Study in 2003 which identified a number of savings possible including a water efficiency program which would include a retrofitting of water efficient fittings and appliances. It is estimated that in Alice Springs, based on the 50% uptake, the savings would be in the order of 118 mL per annum, or approximately $80 000 for consumers. As a consequence of the study, the Alice Springs Urban Water Management Strategy was developed to encourage a shift to more water-efficient products. This strategy outlines the need for regulatory intervention to complement strategies like community education.
A number of election commitments were made in 2005 regarding water conservation, including a $50 rebate for those purchasing water safety devices in Alice Springs and Tennant Creek, and a doubling of funding for Cool Communities to $100 000 to encourage, among other things, water conservation. An example of a similar and successful scheme is the National Appliance and Equipment Energy Efficiency Program, where labelling and minimum efficiency requirements are specified in the relevant Australian standards, given effect by regulation and managed by government agencies.
The Territory community is right to expect that our valuable water resources are used efficiently. The government is committed to providing a reliable, affordable and sustainable supply of water to the people of the Northern Territory. The Water Efficiency Labelling and Standards Bill is an important mechanism to water security in the face of population growth and climate change.
Mr Acting Speaker, I commend the bill to honourable members.
Debate adjourned.
Continued from 4 May 2006.
Ms CARNEY (Opposition Leader): Mr Acting Speaker, this bill is supported for all of the obvious reasons. I am sure the Attorney-General would not expect anything vaguely resembling opposition to this bill.
I am always torn as to whether I should go through and restate parts of the Attorney-General’s second reading speech just to assure Territorians that yes, I have read the bill and, yes, I have understood it …
Dr Toyne: No, we will deem it.
Ms CARNEY: I will not go through it. It is obvious to anyone why these changes need to be made. However, I just make a couple of points. This is about, as the Attorney-General correctly said, removing sexually discriminatory legislation and replacing it with laws that treat men and women equally. Hear, hear, Attorney-General, it is not possible to agree with you more.
The reason these amendments have become necessary was that they arose out of some unforeseen difficulties with the Law Reform (Gender, Sexuality and De Facto Relationships) Act of 2003, commonly known as the gay law reform bill; a bill which I supported in its entirety, save with some reservations in relation to increased sentences for child abusers. I made my position clear on that. I do not think I would have ordinarily gone on to make the point I am about to but for the editorial in today’s NT News. I cannot begin to imagine who would have written that, or where on earth they are coming from. However, let me make it abundantly clear, whereas the author of the editorial has made the reference that the CLP said two year’s ago it would repeal Labor’s law, in other words, middle aged men would be able to use the barbarous custom of promised brides as a defence for having sex with 13-year-old girls and now it says exactly the opposite. No it does not.
I make two points. That part of the debate about the defence of customary law and the circumstances to which this relate has not featured at large in the debate that we have had in this country over the last month. The issue is customary law for sentencing purposes. I have been on the record consistently. I have made two attempts to persuade this government to get rid of customary law for sentencing purposes, so why on earth the author of the editorial would say that we are now saying exactly the opposite is beyond me.
Can I say, for the sake of completeness and clarification, Mr Acting Speaker, that, under my leadership, the gay law reform bill will not be changed - will not be changed.
I do, however, make one other point. When the Attorney-General says, in his penultimate paragraph, that this bill we are talking about is the government’s commitment to removing sexually discriminatory legislation, then I would ask the Attorney-General, with his colleagues, to revisit the case for removing customary law from section 5 of the Northern Territory Sentencing Act. The reason is I do not believe it is consistent to say in the second reading speech we are about removing sexually discriminatory legislation, and yet, at the same time, allow customary law to be used every day, or most days, in courts in the Northern Territory by violent Aboriginal men. My position is clear. I am grateful in a sense, although I did not expect to use this as an opportunity to clarify my position as Leader of the Country Liberal Party and as Leader of the Opposition, and I hope that has put an end to the mischief making that has been undertaken by some.
Back to your bill, minister, it is supported for all of the obvious reasons.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I welcome the opposition’s support. I must say, I expected it would be there, given the nature of the amendment. It is simply a detail that follows on from the reforms we did in the last period of government. It is very important that we respond to this issue which was brought to us by the judiciary. This tidies it up and brings our judges and administrators into line with the quality measures that have been applied generally in the community.
We will continue to scan our Territory legislation, and if there are any other anomalies such as this, we will be prepared to act on them. I thank the opposition for the support. I guess we will have the debate on customary law in another place and in another time.
Motion agreed to; bill read a second time.
Dr TOYNE (Justice and Attorney-General)(by leave): Mr Acting Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
Continued from 14 February 2006.
Ms MARTIN (Chief Minister): Mr Acting Speaker, my ministerial colleagues and I appreciate the importance of the role of the Auditor-General in the good governance of the Northern Territory. His comments are taken most seriously and are given due consideration by ministers and chief executives alike. His six-monthly reports are tabled in this Assembly each February and each August, and are an important element in the fabric of government accountability.
Matters in the report include compliance by public sector managers with legislative requirements; financial and performance management; analysis of financial and other performance information; as well as general comment on matters arising from audits conducted. In addition to reporting to the Legislative Assembly, the Auditor-General brings these matters to the attention of agency chief executives for their consideration and action as necessary.
In this latest report, the Auditor-General reports a shift towards statutory financial audits, away from compliance and performance management system audits over several years, and that this trend will likely accelerate. He further reports that in the wake of recent examples of significant corporate fraud, the provisions of the Australian Auditing and Assurance Standards have been strengthened to place an increased responsibility on auditors to consider fraud and its effects upon financial reports and performance.
The Auditor-General has emphasised the importance of chief executives being alert to the possibility of fraud, and commends rigorous procedures in order to reduce the risk of this happening. Certainly all agency heads will work closely with the Auditor-General to achieve that.
In areas under my charge, the Auditor-General in this February report looked at the Northern Territory Major Events Company, the Tourist Commission, which is now Tourism NT, and Territory Discoveries. I am pleased to say that all three met audit requirements. They were given unqualified independent audited opinion. The three elements under my charge which were audited by the Auditor-General came up very well.
On behalf of the Minister for Essential Services and Minister for Business and Economic Development, I will respond to issues raised by the Auditor-General to do with his portfolio.
The first one under the Department of Business, Regional and Economic Development was the Auditor-General noted that with Desert Knowledge Australia and their annual report of 2004-05 there had been a failure to appoint a board for Desert Knowledge Australia, as was required by the act we passed, the Desert Knowledge Australia Act 2003, section 11. In his financial analysis, the Auditor-General noted that DKA was in a sound financial position as at 30 June 2005, and the clarification of ownership of the Desert Knowledge Precinct was also raised as a minor issue.
The agency, and the minister, in response would like to say that the Auditor-General was advised on the ownership of the Desert Knowledge Precinct. The government has decided that a long-term Crown lease should be issued to Desert Knowledge Australia for the Desert Knowledge Precinct. This will occur once an indigenous land use agreement has been registered by the National Native Title Tribunal, and the now three separate lots involved are formally consolidated into one. Lhere Artepe in Alice Springs has formally agreed to the indigenous land use agreement, and the matter will now be considered by government.
The second issue was the appointment of the Desert Knowledge Australia Board. The DKA interim board retired on 23 March 2005 in accordance with the act, and the full board was not formerly appointed until 9 February 2006. The DKA annual report required by statute to be submitted by the board was submitted by the Chief Executive Officer in the absence of this board. Advice from the Department of Justice was sought when it became apparent that the new board would not be in place in time to formally submit the annual report. The department advised provisions of section 31 of the Desert Knowledge Australia Act 2003 enabled the Chief Executive Officer to: ‘Do all things that are necessary for the proper management and administration of DKA’. This was interpreted as enabling the Chief Executive Officer to submit the annual report in the absence of the board. This advice was included in the annual report, and was subsequently accepted in the Auditor-General’s report, with the proviso that the matter be rectified as soon as possible.
There is some history leading up to this position and I would just like to go through that briefly. The appointment of the Desert Knowledge Australia board requires half of its members to be appointed by the society of participants or network members of the DKA. In relation to members directly appointed by the minister, the request was made by me, the Chief Minister, to the Prime Minister and premiers of Queensland, South Australia and Western Australia to propose possible members. This resulted in 28 names being put forward. One of the strengths of DKA is that network it has around Australia. It was considered important for the chairperson to be appointed as a first step, and for that person to advise the minister on the selection of ordinary members.
The Hon Fred Chaney, AO, visited Alice Springs in late April 2005 to discuss his interest in taking up the role of chair. Prior to finalising the arrangements, the election last year was called and government went into caretaker mode. DKA was subsequently transferred to the Regional Development portfolio from the Department of Chief Minister in the subsequent restructure of government. That required changes to administrative procedures. Fred Chaney then went on two months’ leave, delaying the appointment.
Approval of the former federal minister for Aboriginal Affairs, Philip Ruddock, was sought in the interim for Mr Chaney to be released from his full-time work obligations with the National Native Title Tribunal for periodic duties as chair of DKA. A formal agreement was prepared with the Tribunal for reimbursement and indemnification in regard to his work. Fred Chaney subsequently advised on the selection of 10 ordinary members, and the appointment of the full board was finalised by formal instrument on 9 February 2006.
My thanks to the Auditor-General for picking up that issue. It was one of those things where there was a history. We were determined to get a very effective chairman, one with a commitment to the broad Aboriginal area, to economic development in Aboriginal land, and Fred Chaney was interested. There were just a few things that had to be got out of the way before he could take on the chair of Desert Knowledge Australia. We are pleased we got there. It was difficult from time to time, particularly getting the arrangement with the National Native Title Tribunal, where he works. I am delighted that Fred Chaney is on board, and I believe that as chair of DKA he will certainly make a difference.
The other audit I wanted to talk about was the one affecting the Power and Water Corporation. The audit for the Power and Water Corporation for the year ending 2005 resulted in a qualified independent audit opinion. The Auditor-General was unable to determine whether the fair value of property, plant and equipment did not differ materially from the carrying amount at 30 June 2005. There has been a fair bit of discussion with the Power and Water Corporation, and the corporation has responded that the qualification is a technical one associated with the operation of accounting standards. The corporation has initiated a project to physically verify and value all property, plant and equipment. Project scope and tender documents are currently being prepared while the project is expected to be under way by May 2006. Because of that qualified audit, Power and Water is taking some direct action. The issue of valuation of property, plant and equipment is an important one and Power and Water is taking the necessary action.
From my point of view, and on behalf of the Minister for Business, Economic and Regional Development and Power and Water Corporation, I thank the Auditor-General for this latest report. His oversight of governance and financial management in the Territory is important and each and every one of the ministers and the chief executive officers in government take his reports very seriously.
Mr MILLS (Blain): Mr Acting Speaker, the role of the Auditor-General is a critical one which adds credibility to the role of government - as the opposition knows only too well It is an important one to respect if we want to strengthen the notion of democracy and reinforce the ideas that are given voice by government; that is, openness, honesty and transparency. They can be properly assessed if you have fully-fledged and independent operators such as the Auditor-General who is able to provide independent advice and comment on the books.
To that end, I ask members opposite to ensure that they read the Auditor-General’s report. It is instructive and it provides the other side of the story. It is independent. If it is critical of government, I urge honourable members not to immediately jump on to the defensive but to have a look at it and to assess and weigh it up - just as we heard the Chief Minister respond to a number of issues that were raised in the Auditor-General’s report in a generally satisfactory manner; that is the purpose of this. If we do not have that independent audit, that outside voice or those set of eyes looking across the books, this notion of democracy is seriously challenged and compromised.
I thank the Auditor-General; I appreciate his role. He makes himself available to all members of parliament to help us understand how the finances of the Northern Territory are tracking, and equips us to do our job. Members of government who were in opposition know well how important the role of the Auditor-General is in allowing us to conduct our business in a truly honest, open and transparent way.
On that, I place before government consideration of the resourcing of the Office of the Auditor-General to ensure that he is properly resourced to conduct the audits that are necessary. There would be nothing more offensive to the conscience of any member if the role of that independent investigator is curtailed in any way. In the same way that the role of the Auditor-General was supported when members opposite were in opposition, I ask that it continue in the same way. If any issue is raised - granted there are 19 members in here and the political objectors operate larger than they ought - nonetheless, this role must remain strong.
The only comment that opposition seeks to make is regarding the querying of the state of the Northern Territory budget and the management thereof by the Northern Territory government - the Labor Party - in regards to the blowing out of wages and the increase in the costs of running government.
If we did not have the Auditor-General to make these observations, then it would be left to four members in this Chamber, and anyone who has the time and the expertise to be able to assess the books of government and make such claims - which could easily be swamped and howled down by the strong and assertive voices of government. To have that voice assess independently and make comment regarding the increased cost of government, particularly in the wages section, is cause for genuine concern. I will focus my attention on that point – not as an opportunity to criticise the government and claim a political point but to assess the way the government is managing the budget.
I intend to be here for some time, as do other members. Roles could be reversed. With the way the business of the Territory is being conducted at the moment, I am concerned with what lies ahead. If the cost of running government is blowing out, with the expectation that money will just flow in from outside, it is not a sound basis on which to conduct the affairs of the Northern Territory. I do not know of any business that can increase its wages line by 12% and expect to be able to remain in business just because the cheques seem to pile up in the letterbox unexpectedly and the cash seems to flow. The real world does not operate like that. No business in Winnellie or Berrimah, or any of our school centres would operate …
Mr Stirling: Government is not a business. We do not make profits. We provide services.
Mr MILLS: You have to be able to sustain the delivery of those services in the long-term, way beyond the pressure of achieving the core objective of government; to remain elected. To look good up until the next election and spend like there is no tomorrow, rather than leave a legacy of strengthening the core of the Territory economy; empowering small businesses; passing on the largesse to small business operators. - they are the Territorians who take the risk - and to actually invest and build a stronger domestic base for the growing of the Northern Territory economy. Pass it out rather than to take it in; become self-indulgent and spend on the apparatus of government with the capacity you have been given due to the fact that you have so many members in here and your decision is to deal with one objective – get re-elected. In order to get re-elected …
Mr ACTING SPEAKER: Member for Blain! Can I ask what is the relevance of this?
Mr MILLS: The relevance of this, if you have been following the debate …
Mr ACTING SPEAKER: I am, member for Blain.
Mr MILLS: The relevance is that the wages bill is blowing out. The Auditor-General confirms that is the issue, and the implications therein are what I am describing at this point. It is relevant, totally relevant. It might be a little sensitive for members of government to weigh these words on their conscience, but that is a fact. That is what the Auditor-General’s comments are there for. Therefore, they are relevant, because they have an effect on how the business of the Territory is being conducted.
Whatever sort of business you are in, government is in the business of running the Northern Territory, not just to get re-elected, but to leave a legacy, to build a base, to strengthen the core, to serve. Therefore, if it is to provide services, they must be done in a sustainable, long-term manner, not in a short-term manner which serves the core objective – get re-elected, look good, spin hype and gloss. That is why you would end up in a situation as this Labor government and any other Labor government, and Auditors-General around the country are observing this trait of Labor governments. It is a distinctive trait right around the country, they become large and fat and self-indulgent. That one line in the Auditor-General’s report reaffirms that this is happening here in the Northern Territory.
It would be palatable to some slight degree if there was a vision, a clear direction which exceeds the considerations political – get re-elected. It would be palatable to some, particularly the true believers amongst us, and particularly those Labor true believers who want to use the opportunity that you have been afforded, the great privilege you have been afforded, to deal with some of the issues that are close to your heart. But, no, let us just enlarge the public sector. Let us just invest in the apparatus of government, particularly in very senior levels of the public sector who are generally focused on looking after government than trying to provide advice. The organ of government, the public sector, as we all know, is there to serve the public, as the government is there to provide that visionary leadership.
It is on that specific point that the opposition will continue to comment. It is with some interest that I wait for the next report from the Auditor-General. It is also of some interest to note that this Auditor-General’s report has sat on the table for some time and not been commented on officially in this parliament. Nonetheless, the opposition on behalf of all members, recognises and values the important work of the Auditor-General. With those comments, we support and congratulate the Auditor-General, and long may he operate, particularly in his interests in looking at the waterfront. We need the independent eyes of an agent of parliament to assess and weigh aspects related to the waterfront. That, I am sure, will be contained within a coming report.
Mr STIRLING (Treasurer): Mr Acting Speaker, I too commend the work of the Auditor-General. The work he does is greatly appreciated by government and by my agency, the Northern Territory Treasury. I say clearly that all Territorians can have the utmost confidence in government finances and the reporting and recording of all government transactions and what governments do in the Northern Territory whilst the Auditor-General is in the chair. The Auditor-General has extremely wide-sweeping powers to investigate all manner of government expenditure, and he does so on a regular basis with a team of auditors contracted from the private sector, and reports twice yearly as the Chief Minister was telling us. We appreciate the level of confidence that the Auditor-General’s scoping studies provide government and all Territorians.
I saw a media release from the member for Blain recently - perhaps I will go back a bit before that. It was a comment I made earlier in the year about the cost of running government in the Northern Territory. If we did not put on one more public servant, if we did not create one extra new initiative, it would cost government around $70m next year to provide the same level of service and delivery that we are providing this year. The outrage from the member for Blain was palpable. He said: ‘What do they do with that money – how inefficient can that be?’ Well, if he had stopped and thought before he opened his mouth and made himself look so stupid, that $70m represents about 2.5% or 3% growth on current government expenditure. That is around $70m in CPI, the cost of inflation, in delivering services if we never put on one extra public servant, if we never changed from year to year what we are doing. He needs to stop and think sometimes before he challenges and makes these outlandish public remarks about waste and inefficiency. He could backtrack in percentage terms to realise that $70m is no more than a rough indicator of how CPI is travelling.
In the last couple of days, I saw a media release about how inefficient government is with the increased numbers of public servants and the costs of running government, and business cannot run like that, and if it were a business it would go broke. The member for Blain has to realise the government is not a business. Government is not there to make profit. Government is there to deliver services and it is there to deliver services as its responsibility to all citizens of the Northern Territory.
In fact, as the Auditor-General comments, over 50% of government outlay and expenditure in any one budget year is on the three key service delivery agencies of health, education and police, the three agencies, in particular, that our predecessors let run down so miserably and neglected toward the end of their 26 years in power in the Northern Territory. That is why there has been an increase in public servant numbers: we have put on extra nurses, doctors, and teachers, and we have put on 200 extra police. Our predecessors had allowed those services to run perilously thin and under-resourced in the latter part of their term on the Treasury benches.
Do not come in here and sledge us about it being out of control. It was all necessary expenditure. We go to the example of secondary education in remote communities. Indigenous students in remote communities were not qualified in the eyes of the Country Liberal Party to receive a secondary education. Why? We do not know. Was it because they were not good enough? Was it because they were black? Was it because: ‘Oh well, you cannot teach them anything anyway. Do not worry about it’. In fact, we are rolling through and will continue to roll through at great cost. It is expensive to put secondary teachers, high schools and specialist teachers out in remote communities. You need to house them and housing comes at an ever increasing cost in the Northern Territory. We are doing that because as a government we believe all Territorians have a right to a quality education no matter where they live. If that happens to be a remote and high cost community to service, so be it. So be it. We will deliver that service and we will go on delivering that service.
For the member for Blain to come in here and say if we were a business we are going broke, he simply does not understand. He has never been a minister, he does not understand the business of government; that is, government’s role, especially at the state and territory level, is to deliver services. Those services are around the safety of its citizens, with police and law and order, the education of its citizens through our education system, our schools and our teachers, and the health of its citizens through our hospitals, our health clinics, our doctors and our nurses. He needs to understand the difference between government and business. Business is there to make a profit. It is not there to look after the people; it is not there to deliver services and not worry about the bottom line. Business is there to make a profit, either for its owner, or for its shareholders in the event that it is a major company.
How would the Northern Territory government look in the eyes of the other states and even the federal Treasurer if what we were doing was trying to make a profit, trying to save money every year? Territorians would be deprived of services. Also, our colleagues would be starting to look over their shoulder at the grants that we receive from the Commonwealth not being spent, not being acquitted against what those grants were issued for, if we were seen to be just trying to make a profit.
A big difference between business and government is one makes profits, the other delivers services for the betterment of the community and its citizens overall. The sooner the member for Blain appreciates that very real difference, that we are not in the business of making profits, we are in the business of providing as high a level of service to our citizens as we can, the better shadow treasurer he will make.
The Auditor-General’s report on the 2004-05 Treasurer’s Annual Financial Report is positive, and it has no specific matters or recommendations arising. The Auditor-General concludes the fiscal targets have either been achieved or are still achievable. Whilst concluding that strong economic growth in Australia was mirrored in the Territory with the level of private sector economic activity reflected in the growth of Territory own-source revenue, he does caution the rest of the Territory, as noted in all budget publications, of the heavy dependence on Australian government funding. This is in particular with the goods and services tax growth estimates, of which the rate of growth is slowing, should fall below the rate of growth of expenses.
The key points raised in the report are noted following. The key finding of the Auditor-General - the audit opinion on the Treasurer’s Annual Financial Statement - continues to comprise two parts; one qualified and one unqualified. The Treasury response - the two-part audit opinion - has been provided since 1998-99 and is a technical qualification, as the Territory chooses not to comply with Australian accounting standards. The Auditor-General comments that the external reporting standard used for the Treasurer’s Annual Financial Report may, in fact, be considered more appropriate for the public sector. It is expected that once harmonisation of the accounting standards and ABS reporting is achieved, likely around 2007-08, there will be no longer a need to issue such a technical qualification into the future.
The Auditor-General, under operating results and financial position, states that the revenues of tax-supported general government sector for 2004-05 increased by $125.8m, compared with the actual results of 2003-04, and exceeded the original budgeted revenue by $158.7m. The Treasury response to that point of the $125.8m increase: GST revenue rose by $59m; other Australian government grants increased by $13m; taxation revenue increased by $37m largely due to economic activity; increase in payroll tax, despite the fact that we reduced payroll tax over a period of three years; stamp duty on conveyancing and gambling taxes; sales of goods and services increased by $6m due to increases across a variety of agencies and other revenue increased by $11m due to higher royalties and tax equivalents and dividends from government trading entities. These increases also largely account for the $158.7m increase on original budget.
The Auditor-General states that GST revenue for 2004-05 increased by $58.7m compared with 2003-04. The rate of increase in GST revenues for 2004-05 also slowed compared with the previous year. Treasury comment: expenses for the total public sector in 2004-05 were $109m or 4% higher than those for 2003-04. The most significant increase related to employee expenses to include EBA increases, superannuation expenses following actuarial assessment and accrued employee expenses. The deficit of the non-financial public sector is largely the result of the $97m cash deficit recorded in the public non-financial corporation sector due to the high level of capital works undertaken in this sector during 2004-05.
The Auditor-General also commented on the analysis of fiscal management of the financial condition of the Northern Territory. The Northern Territory government, on the general government sector basis, recorded a cash surplus of $51.4m for 2004-05, an improvement on the 2003-04 result of $36.1m. We are constantly lambasted by the opposition that we are a government out of control which cannot rein in expenses. Yet, in 2003-04 - I put on the record again – there was a surplus of $36.1m and a surplus of $51m the next year. On the one hand, we blow the books, we cannot control expenditure, but the last three years have, in fact, all produced surplus budgets.
While the direct borrowings of the non-financial public sector declined for the year, the nett debt position did deteriorate. This reflected increased cash outflows associated with investing activities, coupled with increased liabilities in respect of deposits and advances received. The Auditor-General also said total employee-related liabilities for the public sector as a whole were $1.995bn at 30 June 2005, compared with $1.817bn at 30 June 2004. The Treasury response in both of those: improvement in cash outcome from 2003-04 was largely due to the increased revenue noted previously not being fully matched by additional expenditure; $51m surplus recorded was predominantly in line with the $46m outcome estimated in the May 2005 budget; the marginal decline in nett debt was a result of the $97m cash deficit recorded in the public non-financial corporations sector; the actual recorded nett debt of $1656m was in line with the $1653m estimated at the time of the May 2005 budget - and a considerable improvement at that time on the nett debt level that we had when we came to government which stood then at about $1723m.
That is not a sign of a government out of control and reckless with its spending because, whilst we have produced three surplus budgets in a row, that has reduced, in effect, the requirement for borrowings and, of course, the ability to knock off some debt. We saw over that period, 2001 to the time of the May 2005 budget, a decrease in nett debt - $1723m, I think, inherited at the time we came to government in 2001, standing at $1653m at the time of the May 2005 budget. The largest component of the employee liability is the superannuation liability which increased following actuarial reassessment.
I am always interested when the member for Blain makes comment on matters like this and then does not hang around for the answer. I do not know why that is. If he did, and if he sought comprehensive briefings on a regular basis around these sorts of issues - whether it is the Auditor-General’s report, the Treasurer’s Annual Financial Report, or the Treasurer’s Annual Financial Statement - I am sure his understanding around these matters would increase as, indeed, mine had to. I had to learn many things about Treasury and I am still learning today, notwithstanding I have been in that position some three years. However, it is no good, and does not serve this parliament or, indeed, Territorians very much to come in here, make generalised statements, pick up on a couple of comments of the Auditor-General, out of context from the whole picture that the Auditor-General presents, and then not hang around to hear the Treasury review and the Treasurer’s response on this. If he did, he might learn and he might be a bit more informed in the future.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I will be very brief because the Auditor-General only made comment about one of my agencies, the Department of Justice. It was a relatively minor matter regarding the victim of crime compensation payments. The Auditor-General’s key finding was that the compensation payments were made in compliance with the Crimes (Victims Assistance) Act, so there were no difficulties with the basis on which the payments to the victims and of the legal costs involved in the scheme, had been made, all the records that were kept, and the reconciliation of those records.
The Auditor-General asked that the agency look at reconciling the various records that are kept as part of the administration of that scheme, namely, the CVA debtors ledger, the Access database, and various spreadsheets maintained by the department relating to CVA payments and recoveries from offenders. That work is now being undertaken. In my agency’s response to the Auditor-General, they record that this issue has already been identified by the agency and is being addressed. Agency staff are currently working on combining all data into one database which will be attached to the open practice file management and time recording database. The new database will contain all data that is kept by the Legal Services Division in relation to crimes victims’ assistance. Upon completion of this database, it is anticipated that the administrative efficiencies will be achieved and it will be possible to reconcile the agency’s data to GAS – the government accounting system.
The Auditor-General also made a valuation of the level of recovery of payments that were ascribed to the offenders as part of the overall judgments in these cases. He reported that there is a relatively low rate of recovery against these court orders. However, on very close examination, the Auditor-General has found that only some 14% of the files of unrecovered matters are actually recoverable when you look at the various factors that make it impossible to get recovery. I will mention a few of the things. In many cases, the offender location is unknown – that is 2%. In 2% of the cases, because of the history of the scheme, we are unable to determine if the amount was or was not recovered. In 4% of the time it is uneconomical to pursue the offender. In 7% of the time it is unlikely to recover because of the offender’s impecuniousness. In 10% of the case files, the offender is actually unknown as the victim is unable to identify them. In 15% of the open files, the alleged offender is not convicted and therefore that is unrecoverable; and 1% for other reasons. When you look at all of that, of the live files, only 14% on assessment are found to be recoverable. That information is now being scrutinised by the Auditor-General. He is satisfied that, while we need to continue the effort, if the court has made a recovery order, we should, wherever possible, be recovering that money. He has recognised the difficulties of doing that in many cases.
That is all we needed to answer. I thank the Auditor-General for his work, as earlier contributors have done. His work is very valuable in maintaining the rigour of departmental operations in both my portfolios.
Dr BURNS (Planning and Lands): Mr Acting Speaker, like other speakers, I will compliment the Auditor-General on his work. It is very important work that he does. He is an independent eye, if you like, as the member for Blain said, on the workings and accounts of government. I encourage all members to read the Auditor-General’s report; he is unbiased and is bringing a critical eye to the accounts of government.
I would also remind newer members in this place that prior to the Labor Party winning government in 2001, the previous Auditor-General used to make comments about a whole range of issues. When we met with him as the Public Accounts Committee, he was quite frustrated that there was very little response either in comment within the report from departments on the issues raised or follow up by bodies like the Public Accounts Committee on some of the substantial issues that he raised. That has changed since we have come to government.
Much of the machinery of government whirrs on and does not attract the adverse attention of the Auditor-General, nor critical attention of the Auditor-General. That is evident in his report when he talks about Corporate and Information Services which, I believe, is a very efficient department. The Auditor-General makes very favourable comment, both on the implementation of the payroll and management system of quite a large system that oversees payroll and payment through government, and also the Government Accounting System upgrade project. It is important to note that there is much work that goes on in government that occurs very efficiently. The Auditor-General generally acknowledges that in a whole range of areas through his report.
There are two areas that he does comment on in his report. One relates to the Construction Division. In quoting from page 50 of the February 2006 report, in his February 2005 report he noted: ‘shortcomings had been identified in the financial administration of the Construction Division’. That has been addressed by the department and there has been work done in the Construction Division. Basically, the department makes comment on page 53 that: ‘The preparation of the Construction Division’s financial statements was impacted by the workload resulting from the changes to departmental arrangements and the availability of skilled personnel’. The department also comments that it will make every effort to make sure that adequate resources are devoted to meeting the requirements of the Financial Management Act. It is also important to note that the Construction Division has been involved in a roll out of record infrastructure projects in terms of cash and the scope of those projects over the past four years. It is understandable, in a way, that some things have been left but the department has given an assurance to the Auditor-General that these issues are being addressed.
The Auditor-General also makes comment about the cash balances held by the Construction Division and that they have diminished. Basically, the department makes comment that the Construction Division incurs expenditure often before it can bill its clients so that explains some of that run down or decline of cash balances. It also notes that a working group has been formed to put in place appropriate controls to ensure the accuracy and frequency of the billing and debt management processes which will result in a more accurate reporting of the financial performance and position of the Construction Division.
I have been working very closely with the Chief Executive Officer of the department and with the new head of the Construction Division to look at ways of improving the performance of the Construction Division, noting all the challenges they have and that is coming forward to government. There is significant work going on there. In the Construction Division there has been a turnover of experienced personnel over the years. We are looking to the future, we are looking to implementing government’s record capital works program and infrastructure program.
The Auditor-General also makes some comments about the Port Corporation and these are comments that have been made in the successive years and really reflects the fact that there has been major development of the port. Those assets are written down; it is not a commercial activity per se. Those assets are written down so that the port can function in a businesslike way.
I have addressed all the issues that have been raised by the Auditor-General. I commend the work of the Auditor-General to this House.
Debate suspended.
Mr ACTING SPEAKER: Honourable members, I advise of the presence in the gallery of visitors as part of the Parliament House public tour program. On behalf of honourable members I extend a warm welcome to our visitors.
Members: Hear, hear!
Mr ACTING SPEAKER: Honourable members, I also advise of the presence in the Speaker’s Gallery of the parliamentary delegation from Vanuatu: Hon Esmon Saiemon, MP, Delegation Leader and Second Deputy Speaker; Hon Moana Carcasses, MP, Deputy Leader of the Opposition; Mr Jack Eric, MP; Mr Bob Loughman, MP; Mr Ores Orrison, Delegation Secretary, accompanied by Mrs Lyn Witheridge, Assistant Director, Parliamentary Relations Office, Canberra.
On behalf of honourable members, I extend a warm welcome to our visitors.
Members: Hear, hear!
Mr HENDERSON (Leader of Government Business): Mr Acting Speaker, I behalf of the Chief Minister, I nominate Wednesday, 23 August 2006 as the next day on which precedence will be given to general business pursuant to Standing Order 93.
Motion agreed to.
Mr HENDERSON (Leader of Government Business)(by leave): Mr Acting Speaker, I am able to provide the House with further information in relation to a question asked by the Leader of the Opposition yesterday.
The Commissioner of Police advises me that police do not normally comment on the detail of any ongoing investigation. However, the Commissioner advises that there is no evidence that any activity by Ms Alison Anderson, MLA, has in any way hindered or interfered with any past or current investigation into child abuse.
Mr WOOD (Nelson): Mr Acting Speaker, the Minister for Business and Economic Development said in parliament today that the member for Nelson did not like the Wickham Point LNG Plant. His argument was that because I said the LNG plant produced masses amounts of greenhouse gases, I therefore did not support the LNG plant. This is a false argument. My statement about greenhouse gas emissions referred to a statement by the Chief Minister in Question Time that gas was a very green source of energy.
It should be noted that the NT government’s EIS Report No 24 for the LNG plant states: ‘The LNG plant will be a major producer of greenhouse emissions.’ Today, the minister for the Environment said in her ministerial report that Darwin LNG must find some way to reduce the impact of its project on the global production of greenhouse gases. The West Arnhem Fire Management Agreement does just this.
From these two admissions, I highlighted the fact that gas is not a very green energy source. For the minister for Business to use this statement to say I do not support LNG is simply untrue. In this parliament and in my time as President of Litchfield Shire Council, I have continually supported the LNG plant. I cite just some incidences where I have made this clear in this House.
On 27 November 2001, in Question Time, in my question on environmental damage at Wickham Point addressed to the Minister for Lands and Planning, I said I have always been on record supporting the Phillips Petroleum LNG Plant at Wickham Point. In reply, the minister said: ‘I am well aware of his …’, that is me, ‘… support for the gas industry’.
On 15 May 2002, in my response to the Chief Minister’s ministerial statement on Timor gas onshore, I said: ‘There is no doubt that gas onshore to the Northern Territory will bring great benefits’. I also said: ‘I strongly support the move to get gas to Darwin’ and the Northern Territory needs gas, I support the gas onshore.
On 8 October 2003, in my response to a ministerial statement on protection of mangroves in Darwin Harbour, I am on record as saying I agree with the LNG plant at Wickham Point’.
On 17 August 2004, in my response to another ministerial statement by the Chief Minister on the Timor Sea gas fields, I said: ‘I believe the project is certainly a project that is presently bringing great benefits to the Territory’.
If I have not supported LNG, then why was I chosen by the Chief Minister in 2002 to be on TNT, a group of business and community people who aimed to explore measures to ensure developers bring gas onshore? Just because LNG produces greenhouse emissions, it is not evidence that I disapprove of the LNG plant.
Continued from earlier this day.
Ms SCRYMGOUR (Natural Resources, Environment and Heritage): Mr Acting Speaker, the Auditor-General’s report on the 2004-05 audited statements of Government Business Divisions includes the Territory Wildlife Park. There were no significant issues arising from the audit. However, in his analysis the Auditor-General made a comment on the Territory Wildlife Park’s recording a loss of $1.122m for 2004-05.
The 2004-05 Territory Wildlife Park’s losses are attributable to a reduction in the Community Service Obligations funding, resulting from a determination not to provide cash funding for depreciation. Despite this, this did not impact on the park’s operation.
Ms LAWRIE (Family and Community Services): Mr Acting Speaker, I add my thanks to the Auditor-General for his February 2006 report. As a former member of the Public Accounts Committee, I fully appreciate the fine work that our Auditor-General does, and the great advice he is providing to members of parliament in understanding the finer financial intricacies of government. It held me in good stead in my current capacity as a minister in the government.
I have had a look through the Auditor-General’s report for February 2006. I can report that it did not look at any entities relevant to me in my capacity as Minister for Family and Community Services.
However, as Minister for Sport and Recreation, the report did conduct an analysis of the Territory Motor Sports Board. There were no key findings, and the Auditor-General’s report states that there were no significant issues raised during the course of the audit. Therefore, it is a pretty clean bill of health in that respect.
I thank the Auditor-General. I have had many briefings on the financial arrangements of the Territory Motor Sports Board, and it is an important role the Auditor-General undertook to provide an audit of their finances. I thank the staff of the Auditor-General’s office; they are very competent, capable people. I know the Auditor-General has a budget that allows him to outsource work to relevant auditors throughout the Territory, and that also holds the Territory in good stead. I look forward to the Auditor-General’s ongoing scrutiny of the financial arrangements of government. His advice has always proven to be invaluable. He is a man who is held in the highest regard and esteem by those of us who have come to know him. I thank him for his work.
Mr McADAM (Local Government): Mr Acting Speaker, I acknowledge the role the Auditor-General plays in respect to governance and management of agencies, and the capacity in which he provides a independent oversight of how government operates in the Northern Territory. I, too, was on the Public Accounts Committee some years back and I truly appreciate the role that he plays. I acknowledge his professional stewardship of his function. I would also like to pay tribute to the staff who operate under his jurisdiction and also to all those people who clearly provide a role in regard to independent auditors. We acknowledge and applaud the important role the Auditor-General plays.
In response to issues that reflect on my department, the following matters were raised in relation to Territory Housing.. Firstly, that Territory Housing did not comply with the provisions of the Financial Management Act in that it did not prepare its financial statements within the period determined by the Treasurer. In response, Territory Housing agreed that delay was due to systemic issues and processing surrounding the reconciliation of Territory Housing works in progress. The issue has now been resolved and there should be no reason why Territory Housing will not meet the requirements of the Treasurer’s Direction 2.6.8 and section 10(1) of the Financial Management Act for future financial years.
In addition, the Auditor-General noted that Territory Housing’s operating deficits highlighted the inability of revenues to fund expenditures. Territory Housing has responded and generally agreed, however, Territory Housing has three distinct business lines which facilitate the delivery of government objectives, being: public rental housing, government employee housing, and home ownership. Home ownership continues to make a modest profit due to the new HomeNorth Extra scheme implemented on 1 July 2004. Government employee housing continues to makes losses. This funding is currently under review with a view to make it sustainable into the future. Public housing continues to make losses, notwithstanding there have been significant improvements in the financial performances during the last 12 months.
Third, the Auditor-General reported that the audit of the Jabiru Town Development Authority, the JTDA, was that the authority can only continue as a going concern by remaining dependent on the moratorium on the authority’s future interests and repayments of loans due to the Northern Territory government totalling $8 804 916. The JTDA operates pursuant to the Jabiru Town Development Act. Its two principal members responsible to the minister are the Northern Territory government and Energy Resources of Australia, the operators of the Ranger Mine. In the course of the development of Jabiru, the Northern Territory government provided loan funds to the JTDA to fund design services, mainly water supply and sewerage.
The expectation was that the Northern Territory would recoup its investments as further development occurred in the Kakadu region. As the Auditor-General rightly notes, the JTDA is unable to repay the loan or finance its payments from its current income. In 1986, the government granted the JTDA a moratorium. Whilst it is technically insolvent, it remains incapable of performing its functions and the government maintains a moratorium. Mr Acting Speaker, there are no current plans to change this situation.
Motion agreed to; paper noted.
Mr McADAM (Housing): Mr Acting Speaker, no one can be blind to the national public focus on living conditions for Aboriginal Australians over the past month or so. Overwhelmingly, attention to these issues has dominated print and broadcast media. The Northern Territory has been the centre of many reports. As an Aboriginal person, as well as a minister of this government, I do not shy away from this scrutiny. In fact, I welcome it.
I make one point. Tragically, there is very little that is new in the headlines and leading bulletins. Aboriginal people have campaigned to tell their fellow Australians about the continuing crisis of Aboriginal living conditions for many years, and from time to time individual journalists have taken up the case. Again, from time to time, editorials and commentators have tried to draw the public’s attention away from sport and entertainment to focus on this ongoing blight. There has also been a long list of research reports and inquiries over many years, and parliaments, over many years, have been the focus for discussion and debate on these issues.
I will quote from the chairman of one of those parliamentary inquiries into Aboriginal health in 1979. It noted that: ‘… standard of health for Aborigines was still far lower than the majority of Australians (and that) little progress has been made in raising it’. It went on: ‘When innumerable reports on the poor state of Aboriginal health are released there are expressions of shock or surprise and outraged cries for immediate action. However … the appalling state of Aboriginal health is soon forgotten until another report is released’. The chairman of that inquiry was none other than Philip Ruddock, who was later to be Minister for Indigenous Affairs.
Therefore, in the current debate there can be no suggestion of ignorance or cover up. They are facts that are or should be well known to all of us. Nevertheless, I must thank the many people of good will out there who have been part of reminding Australians about what we should all know, and hopefully reinvigorating the debate and refocusing genuine efforts to action.
One of those has been the Alice Springs prosecutor, Nanette Rogers, and her now well known recounting of truly appalling episodes of child sexual abuse. Tragically, Ms Rogers’ information is not new. It came from a conference paper she presented almost six months before it was picked up by the ABC. It came about three years after indigenous women, including Territory women, had presented similar information to the Prime Minister. Three months before the Lateline program, I explicitly made the point in this House about the links between appalling and deteriorating housing conditions and the very issue raised by so many others. I will quote from that occasion:
With the exception of the Sunday Territorian, this and other important elements of that statement in February went unreported. There can be no suggestion that these are issues we have ignored or avoided. Indeed, one of the hallmarks of this government is telling it how it is.
Since September 2004 with the presentation of a major policy initiative on national indigenous housing by this government to the housing ministers’ council, we have constantly pushed the case for an urgent and sustained approach to significantly increase resources in indigenous housing. We have pointed to the crying need for such an approach to be undertaken at the scale of decades and not just short term. Although we may have differences around the edges on a number of issues, I have reasonable hopes that the current Commonwealth minister for housing is starting to listen and, more importantly, to act. The fact that he is also Indigenous Affairs minister, I hope, bodes well.
I will shortly outline the foundations for future actions in indigenous housing in the Northern Territory. Our proposals are ones we will be taking up to form the basis for our discussions with the Commonwealth through COAG, through ministerial councils, and direct discussion with my federal counterpart. Before I do, I reiterate the scale of the challenges, and the facts and figures behind the challenges.
The simple truth is that in the Northern Territory and in many other places in Australia we are failing to keep up with the need for indigenous housing. The mathematics of the housing equation are that not only are we failing to meet needs, we are falling behind. This is not a truth that has suddenly fallen from the sky; it is a social reality that has been gathering pace for decades. The figures on which we base our calculations are frightening, and getting worse, and I repeat them here today.
The current estimates of unmet housing needs in the Northern Territory are at $1.2bn, up from $800m five years ago. The measure of that unmet need has not changed over those five years. We are still looking at 4000 dwellings, and this is to achieve an average occupancy rate of seven people per dwelling. We are hardly looking at a bedroom for every child, rumpus rooms and en suite bathrooms that so many other Australians might enjoy. Population growth will see the population in these communities doubling over the next 23 to 25 years. At the current rate of construction, it will take some 33 years to meet unmet needs, by which stage increased population will mean we are still 30 years behind demand. The opportunity costs of not acting now suggest that any significant delay will lead to rapidly escalating costs into the future.
Further research released by the Australian Housing and Urban Research Institute this year reveals that, on an extremely conservative calculation, the national backlog for repairs and maintenance is $705m, of which - we calculate - $256m is attributable to the Northern Territory. This has been occurring over a decade in which resources available to indigenous housing in the Northern Territory have been effectively frozen, despite escalating costs.
Since at least 1996, funding provided for indigenous community housing services to remote communities has remained the same. However, at that time, the indigenous housing program could construct new dwellings at an average cost of $120 000 each. Nowadays, it is estimated that the cost of construction is an average of $330 000 per dwelling. To put things in perspective, in 1996-97, the construction program delivered 180 new houses, the upgrade of 140 existing dwellings, and the renovation of 350 existing dwellings. In 2005-06, it is expected that the construction program will deliver the construction of 70 to 80 new houses, approximately 55% to 60% less then 10 years ago, and the upgrade of 50 existing dwellings based on the 2004-05 data or 65% less then 10 years ago. There are a number of reasons for these anomalies including: changes in methods of delivery of indigenous housing programs, significant shifts in cost drivers, and improvement in housing designs and standards.
With regard to changes in the delivery of the indigenous housing program, in 1996-97, a housing management program did not exist and there were fewer indigenous community housing organisations. The program also lacked a substantial repairs and maintenance program. This allowed for a greater allocation of funds to the construction program.
The housing program now has a significant emphasis on sustainability, as well as constructing new buildings. This means the housing budget also focuses on better housing management though tenancy and asset management services and a significant repairs and maintenance program.
With regard to changes in housing design, recent practices include constructing housing to meet the Building Code of Australia and the Environmental Health Standards aimed at providing access to standardised health hardware contributing to healthy living and coping with the harsh conditions in many remote areas. Whilst the costs of construction have increased proportionately with the introduction of the Environment Health Standards, ongoing future maintenance costs will decline. Compliance with the EHS will result in significant improvements of the lifespan of these houses.
Perhaps the most influential factor on the significant decline in construction program outputs is the increasing costs in delivering new houses and upgrading existing dwellings. This is due to a number of factors. Skill shortages within the construction industry impacts on the cost of delivering houses to remote communities, mimicking the national trend where skilled tradespeople of the Northern Territory are becoming scarce, and those who have not moved interstate are attracted to greater opportunities in the urban areas within, for instance, the Territory. There is a remoteness factor and we have the rising fuel and transport costs, and the rising material costs, especially steel and cement.
I will put it bluntly: at present, the Northern Territory is falling behind in housing needs at the rate of four houses a week. Nationally, the figure is 10 houses a week. On any analysis, the current situation is economically and socially unsustainable. The myth that there is currently a mass exodus from the bush to our towns and cities is just that - a myth. The Territory already has 20 remote population centres of more than 500. In the next 25 years, Wadeye and Maningrida will be larger then present-day Nhulunbuy. The number of towns with a population of more then 2000 people will be eight to nine times the current number. There will be at least another three towns with populations in excess of 3000 people. Like many rural areas elsewhere in Australia, these communities are seeing a population boom. However, the myth may well become a reality if we do not act to avoid major social collapse in our remote towns and communities.
Without wishing to single Wadeye out in particular, it is obvious that there will be many more communities like Wadeye if conditions do not improve radically. The violence and social crisis will be exported to our regional centres and, in some instances, to our cities. It is not a simple matter of more law and order instead of housing, or more law and order instead of education, or more law and order instead of health resources. These are not choices we can make. They must work together, and they must work together for the long run.
It is for this reason that the Chief Minister has called for a 20-year plan, and housing is a critical leg of the platform we are launching. Safe, adequate housing is a critical element in developing a healthy lifestyle in which children can be expected to access education through a stable home and strong family life. Endemic overcrowding in housing currently being experienced has a direct impact on chronic illnesses, family and sexual violence, substance abuse and disastrous outcomes in education and employment at an intergenerational level.
As I said, the present approach is unsustainable. It is simply not working, and governments at all levels cannot expect to continue down the same path. We face higher costs and we must do something to drive those costs down. We face ad hoc and piecemeal training and employment outcomes, and this situation must be reversed.
Thus far, the federal government has not fully engaged with this growing crisis. It has not demonstrated a full understanding of the need, and I ask the Commonwealth to join us as part of the solution. All levels of government must make contributions to resolve this issue. I welcome the opportunity to put the Northern Territory’s contribution. In doing so, I demonstrate that we are prepared to adopt new approaches and work with a new framework for tackling indigenous housing in the Northern Territory.
First, the Northern Territory will embark on a transformation of indigenous housing, from social or welfare housing to a strong mix that reflects housing elsewhere in the nation; that is, a mix of social and community housing, including rental and private housing. While I set no targets here today, it will be a minimum of 20 years before we are likely to see the kind of convergence I am talking about. What will happen is a major move away from the current situation whether people like it or not. All housing in remote towns is currently welfare housing.
In the initial instance, the Northern Territory will move to the management of community housing in remote towns and communities through its public housing model. This would involve management of housing stock, including repairs and maintenance, rent collection, and construction programs. In some instances, this will involve the outsourcing to major existing or developing indigenous community housing organisations. These organisations may, in turn, seek joint ventures with private operators, and this will mean consistency across the Territory and a move away from the current situation where housing allocation and local rental repairs and maintenance regimes range from sensible and competent through to irrational and dysfunctional. It will mean that some indigenous community housing organisations will choose to work at an existing or new regional, rather than local, level and others may choose to become part of a broader Territory-wide organisational structure. In any case, the kind of housing and rental programs that currently exist will have, at its heart, increased local capacity and sustainability.
Second, we will look to encouraging and facilitating private sector investment in housing including through Aboriginal royalty associations and investment vehicles, joint venture projects and direct investment in housing stock by the private sector. The extent to which this will be possible will only be in part contingent on the proposed federal changes to the Aboriginal Land Rights (Northern Territory) Act and will not occur over night. While we have some strong expressions of interest from some traditional owners in adopting a system of town or community head leasing, with a consequence of subsidiary market in private rental or ownership of housing, it will take time. Significantly, it will take time in the current situation where housing is in such short supply. Buyers and lenders will undoubtedly be cautious in a market where the pressures on overcrowding in even privately mortgaged housing could overwhelm housing stock. To assist the process, we are currently working on proposals whereby Territory Housing would become a buyer of last resort in the long lead-up to private rental and ownership market in remote towns. In addition, the gradual establishment of a private rental market would allow access to the Commonwealth Rent Assistance program which currently discriminates against Aboriginal tenants in remote areas.
Third, in partnership with the private sector, we are commencing an urgent investigation of major housing prefabrication operations in major regional towns down the track. One of the great successes of the railway construction was a regional economic boost afforded by the sleeper factories in some towns. They made great contributions in particular to Aboriginal training and employment, but the sleeper factories were also, in a sense, great failures as well. They only lasted two years and the benefits have largely disappeared. The demand for housing in our remote communities can sustain at least 400 houses a year for at least the next 20 years. The possibilities for sustainable regional development through fabrication facilities such as these are considerable.
We will be looking in particular at joint ventures between Aboriginal and non-Aboriginal enterprises in these developments, and will look to these enterprises developing interstate marketing possibilities. To this end, in July in conjunction with the Northern Territory Indigenous Housing Advisory Board, I will be convening a workshop with many of the major players in indigenous housing, including strong representation from the private sector to look at issues in respect to cost design, financing and investment.
Fourth, we will encourage public housing tenants in remote towns and communities to purchase housing to HomeNorth Extra program. It may have to be adapted to reflect higher remote construction costs. This program is currently unavailable to people in remote towns and communities on Aboriginal land.
Fifth, given considerably increased Commonwealth resources, along with funding commitments from the Northern Territory government as well as private investment, to develop long-term construction projects across our regions. Currently housing contracts are relatively ad hoc and piecemeal, and only made on what is effectively a year-to-year basis. This is an enormous disincentive to Aboriginal training and employment, especially in communities and the private sector. It also militates against development of longer-term investments such as fabrication facilities and other capital expenditure in achieving lower cost housing methods and materials. This is no way to establish regional industries and we must look to regional construction contracts based on multi-year platforms.
There will be a need for a commitment from the Northern Territory government to do more than it does at present. Our capacity to fund the huge backlog from current capacity is extremely limited. For example, to fund existing backlogs let alone future needs would take an extra $6000 in extra taxation from every man, woman and child in the Territory. At a national level it amounts to only $6, or a little over $1 a week over a 10-year period. Clearly we are looking to national support for what is a national problem.
As well as the commitments I have made today, we will also be entering into negotiations with the Commonwealth in a spirit not just of cooperation, but a spirit that all Australians share of doing the right thing by our fellow Australians. I have previously described the situation we face as a crisis. That has not changed. Week by week it is growing worse. As I said, the situation is deteriorating in the Territory by four houses a week. The place for a long-term approach, a 20-year vision, has never been stronger.
In this place, on a number of occasions, including my last statement on indigenous housing, I have asked for a bipartisan approach and I ask for it again today. I do it in the name of our children, the most vulnerable and least responsible for the appalling conditions they face.
Mr Acting Speaker, I move that the Assembly take note of the statement.
Dr LIM (Greatorex): Mr Acting Speaker, at another time I quoted from this manuscript by Bob Beadman called: Do indigenous youth have a dream? I quoted only one line out of the manuscript so that I do not take anything out of context. I know Mr Beadman very well; he was CEO of Local Government and Housing when I was the minister. I had a lot of respect for the man and for the thoughts he has expressed in this manuscript. In the last line of the manuscript he wrote: ‘We must fix things for the kids’, and that rings in my head.
Minister, I welcome your statement. I will tell you what I wish for. I have a high regard for this minister. He is one of the most sincere members across the Chamber and he truly wants to do what he believes is the right thing. I offer the suggestion that you should speak from your heart and not from a paper prepared for you by your speechwriters which really puts a lot of double speak in your statement. Speak from your heart: say what you think, what you feel, what you want to do for indigenous people and I believe you will come out with a much better statement than what you have presented here this afternoon.
You commented on Ms Rogers’ information. In fact you said that the information she provided was nothing new, that three months ago you presented it and you made the point about linking housing issues with social issues. You said that Ms Rogers presented her paper at a conference almost six months ago. You also said that three years ago indigenous women, some from the Territory, presented similar information to the Prime Minister. But what did you do about it, if you had all that information yourself? That is the question one needs to ask. I hear the member for Johnston snigger in his seat and he might want to listen …
Dr Burns: What did the Prime Minister do about it?
Dr LIM: … you might want to listen before you start to snigger as to why …
Dr Burns: What did the Prime Minister do about it?
Dr LIM: … you ought not snigger. You talk about what you want to do …
Dr Burns: You are a joke.
Dr LIM: Do you want to get him to withdraw that?
Mr ACTING SPEAKER: Minister!
Dr BURNS: I withdraw.
Dr LIM: Thank you, Mr Acting Speaker. Minister, you talk the talk, as I said to you three months ago, when you presented the statement. I look forward to some action from you. Yes, you have outlined in your statement today some actions that you propose to take, and I look forward to seeing the implementation of those actions. However, for goodness sake, do not go into denial; there are many issues that need to be addressed, and addressed quickly. It is time that we stop passing the blame - it is your job, it is not my job, it is his job and not my job. We all have to share responsibility in this. If we do not, another parliament standing here 50 years from now, when we are all long gone, will still be debating this issue.
It is 200 years since white contact for these people in Australia. It might appear a short time from the historical perspective, but you would think that in 200 years people’s lives would have been a lot further progressed than what we witness for ourselves today.
I was a little disappointed, minister, when you commented on the Indigenous Affairs minister - what is the word for it? - ancestry, that the federal minister might have. He has never claimed it …
Mr McAdam: I did not say that.
Dr LIM: Yes, you did.
Mr McAdam: I did not.
Dr LIM: I take on the minister’s interjection, and read this for the minister’s information:
I apologise, I misread that, minister.
Mr McAdam: Thank you very much.
Dr LIM: I apologise.
Mr McAdam: Thank you.
Dr LIM: I apologise. I misread that when I read that late last night. I believe that the minister for Indigenous Affairs …
Mr McAdam: It does not augur too well for the rest of your speech.
Dr LIM: I believe that the minister for Indigenous Affairs is very determined and very genuine in his efforts to do the right thing and ensure that services are delivered into the Northern Territory. Also to ensure that, whether a person is indigenous or otherwise, if welfare housing and assistance is required, that they will receive government assistance impartially.
I was concerned to find out in your statement that the unmet need for housing has gone up to $1.2bn at this current time. I also confirm that five years ago, when I was the minister, the unmet need for housing was around $800m. In a scant five years, it has gone up by 50%. We need to seriously look at the reasons for that. Why the unmet need has gone up by 50% in the last five years when, during the long period of governance under the CLP, it had not been so large in magnitude? Was it that the CLP governments managed to keep apace with the construction program, so that the unmet needs was, to some degree, better met than what this government has done in the last five years?
Yes, you have given some reasons why you say you are slipping behind. However, in five years you have not made the slightest dent in housing needs, or unmet needs for Aboriginal Territorians. That is a disgrace. You would think you would be at least a little further ahead. To hear you admit in this Chamber that, in this last five years, you have not, worries me. Sure, because of the rate of attrition of homes in the bush, because of the increasing population, you would anticipate that the unmet need will increase because of that, but your repairs and maintenance of homes and your new dwellings should at least make some headway. Otherwise, you will be forever running on the spot - running very fast but getting nowhere, expending a lot of effort and achieving no result.
I recall that building a new home out bush some five years ago was around $200 000, or maybe a little less. I understand that building a home out bush does not incur real land costs. Yes, there are services that need to be put down into the ground, such as water and sewerage and power, but there is no land cost component. Today, the minister suggests that each house on average costs about $330 000. I think you ought to do an audit to find out exactly what is causing such a huge increase in construction costs.
You admitted that, 10 years ago, for the same amount of money - I assume it is the same amount of money, you did not say that _- but you said the construction program delivered almost two-and-a-half times the number of new houses, and upgraded three times the number of existing dwellings and renovated seven times the number of existing dwellings as you are doing now in the construction program. Irrespective of the sums of money that were put in 10 years ago, I would assume today that the sum you put in has increased as well, just on Consumer Price Index alone, if nothing else; that the rate of housing construction, the rate of upgrades to existing dwellings and renovations to existing dwellings has slid back. You have been unable to maintain the pace that you had. Will you give reasons why it has not happened? Surely, as minister, you should be engaging your mind, along with your chief executive officer and your department, on resolving those problems so that you can produce at a better rate than what you have done.
You talked about the factor of skills shortages within the construction industry. You talked about the remoteness factor, about transport costs. Those factors were in existence five years ago, and they will still exist five years from now. These factors do not change. In any mathematical equation, you have to negate those arguments. Yes, labour costs have gone up, material costs have gone up, and that would be factored into your argument, but surely not skills shortages. Do you know why? Because I remember five years ago, when I was a minister, I commenced a program where, within the IHANT construction program, there was skills transfer being built into each home constructed so that local indigenous people would be employed as apprentices and be taught construction skills.
A Member: They are.
Dr LIM: Five years later, well, if they are here, an interjection from my left from a member who is not in her seat. If they are, surely the skills shortages should not feature so significantly in the minister’s concerns or excuses or rationale as to why construction has been so slow. I hope that the skills transfer training program has not slipped from the minister‘s horizon as well. It is a program that I started. I am sorry that I was not able to continue to be in a position to ensure the success of that program. I hope the minister will pick up the ball and run with it.
The Territory is falling behind in housing needs at a rate of four houses a week. When the minister starts comparing what towns will be like 20 years from now, well, everything grows. You cannot say Wadeye and Maningrida will be bigger than present-day Nhulunbuy. I assume Nhulunbuy will be bigger 25 years from now, too. Everything grows, and our government’s activities have to take growth into consideration and ensure that construction keeps pace with population growth.
Talking about the housing shortage, one has to recognise also that there are some people who have occupancy of more than one welfare-provided house in the Northern Territory. I have spoken to your officers about that. I concede that sometimes it is one large family of 20 or 30 members applying for welfare housing under the name of the most senior person in that family. Thus that person is seen to have three homes when in fact they are three distinct families within the one extended family occupying three different homes. However, there are many other instances I have been told about, where senior Aboriginal people occupy several homes, all provided for by welfare – homes in urban areas as well as in the bush. If, say, a couple, a man and a woman with no dependent children occupies an urban home each, and also has a community home each – that is two people occupying four homes. They cannot live in four homes at the one time. At best, if they went their separate ways, they would occupy two homes. There are still two homes vacant at any one time. Why are those homes not being utilised by people who are homeless, who need those homes? Nobody has been able to answer the question. Maybe the department needs to do a full audit on those homes, and find out who are the welfare recipients, who are the ones who have multiple homes, when they should only be entitled to one.
In the budget papers published for interrogation at the estimates next week, the waiting list for homes has become longer and longer these last few years. Obviously, there is a demand for welfare homes, whether they are in urban areas or in remote communities. We need to get back into circulation the homes that are provided for people who have dual occupancies. Otherwise, we will continue to be put back and people will then have to wait much longer than they need to.
The minister said that it is not a simple matter of more law and order instead of housing, or more law and order instead of education, or more law and order instead of health resources. I ask him to consider that without law and order and discipline, without security of the person, without being worried that you would be attacked or physically harmed, when would you have time to even consider getting educated, or having good health, or even want to occupy a home? How many times do you find school kids not wanting to go to school because they have been bullied? You need discipline and law and order, otherwise children do not go to school, so you do not have education. How is their health going to be good when someone is going to be beating you up every day or every second day? How are you going to occupy a good home when you fear that your home will be vandalised or even worse? That has happened in many communities and until you bring law and order in, until you have discipline amongst the people, until you bring in some level of respect for the property that they occupy, you can build as many homes as you like, you can build 4000 homes every day, yet you will still have people who are homeless because those homes are destroyed almost as quickly as they are constructed.
As minister, I took a whole bunch of interstate housing ministers, including the federal minister, to visit a bush community some years ago. I showed them newly constructed homes that had been lived in for six months, homes that were there for 25 to 30 years and, when they saw the state of the homes, including the new homes, they were absolutely horrified. In fact, it drove one minister to tears, and it is on the public record that the Minister for Housing from Tasmania was so moved by what she witnessed that she offered the Northern Territory the whole allocation of the Commonwealth/state housing share from Tasmania to the Northern Territory. However, Premier Bacon, who was the Premier of Tasmania, blocked it. It was never going to be that Tasmania was going to give us their money, but what I am saying is that the Tasmanian minister was moved to want to contribute her share.
There are problems out in the community, but a lot of that is about housekeeping. Very basic maintenance of a home; I am not talking about even having to pick up a screw driver. General housekeeping, they need to provide housekeeping or home economic skills, call it what you will, urban living skills, home maintenance skills to everybody that lives in a whitefella home. We need to do that. If we do not do that, those homes will have a very short life span.
It is good you have been talking to the department. The minister should know that the average life span of a house in the bush is something like 15 years, and the average life span of a house in an urban area occupied by mainstream Australians will last at least 30 years. That alone gives you a picture of the magnitude of the problem when a house which should normally last you 30 years only lasts half that time. You have to build twice as many to house the people out in communities.
I support the minister’s five initiatives. They are likely to help, embarking on transformation of indigenous housing from social or welfare housing to a strong mix that reflects mainstream. Yes, why not. If people earn an income, then they should be assisted with the borrowing money from banks to purchase their own home. Once you own something, you tend to have a greater appreciation of it and value that property more than if it was somebody else’s. Even to look at a tenant versus a house owner in the suburbs; if you are a tenant you tend to not look after the home or the property as well as you would do if you owned a property. If it is welfare housing in the bush, I suggest to you that the difference is magnified even more. All housing in remote towns need not be welfare housing. We need to ensure that people who do have their homes in the bush need to have meaningful employment so that they can generate meaningful income that can support the purchase of a home. If you can do that, then it is all very much a Clayton’s policy.
The minister then went on to talk about encouraging and facilitating private sector investment in housing, including through Aboriginal royalty associations and investment vehicles. He then warned that it is not going to be easy because much needs to be changed in the Aboriginal Land Rights (Northern Territory) Act to allow that to happen. That will take some time. Yes, I agree that is the case, but it is a pity that Mr John Howard, the Prime Minister of Australia, offered to repat the Aboriginal Land Rights (Northern Territory) Act to the Northern Territory, to this Chief Minister Clare Martin. Do you know what? She knocked it back. Imagine if you had the whole of the Aboriginal Land Rights (Northern Territory) Act now; what you could do with it to ensure that Aboriginal people in the Northern Territory benefited from their land rich position.
It is an oft quoted clich by many writers and commentators that these people are land rich - almost 60% of the Northern Territory - yet are dirt poor. It is such a pity. Yesterday, I compared or analogised if a whole bunch of people from China, South-East Asia, the Sudan or Sri Lanka were given the same opportunities, they would make a great difference - or their outcomes would be so greatly different. You then have to ask the question: why is it so different? In the past, in the group that I gave examples of in China, South-East Asia or the African continent, there is no welfare. That is the biggest disincentive there is. When you go overseas and you talk to your parliamentary colleagues from overseas and relate the welfare system in Australia, they look at you as if you are from Mars. They say: ‘Why do you give it to people for not doing any work?’ I say: ‘It is to make sure that everybody has at least a minimum subsistence income’. ‘But do they do anything for it?’ I said: ‘No, they do not have to do anything for it’. They said: ‘Why would they want to do anything for it?’ That is a major issue that needs to be looked at.
Nobody disputes that overcrowding causes many negative social and health outcomes such as rheumatic fever, kidney problems, and domestic violence. In the English language, you talk about running over of the cliff like lemmings. Is that not what you say? That is about the phenomenon of overcrowding; when a population in a small fixed area overgrows its capacity, social disruption occurs. The lemmings throw themselves off a cliff.
Everybody recognises that when there is overcrowding, there will be great social and physical upheaval, turmoil, negative outcomes, and we have to try to break that up. Taking it in a cultural context, having come from the third world myself, I remember as a kid, that sleeping on your own in a large - to a small person it is large - bedroom is a scary thing. You hear all sorts of noises, you see all sorts of shadows and you think the ghosts are after you, and so you prefer to sleep with other people in the room, obviously, the more the better, because that gives you some level of security. We need to take that into context and make sure that when a family of six or seven suddenly grows to 10 or 12 or more, it is not because of those social pressures rather than just because there are not enough homes, and then we can go from there.
I have spoken about the homemaker programs, and I believe the minister needs to do that to ensure that homes do not get destroyed. By doing that we will be able to catch up better than what he has been doing in the last five years.
Dr TOYNE (Health): Mr Acting Deputy Speaker, I will make a relatively brief contribution to this debate around the health issues related to housing. I support the member for Barkly’s statement and his views about the current national debate on the absolute importance of getting something practical for indigenous people out of this process. Practical means both money and informed and intelligent interventions to make some impact on the social problems that are very well known. The minister’s speech refers to the vast number of earlier reports that have been done on all of the aspects of this problem to hand.
There is no doubt, it is a multifaceted problem and it needs a multifaceted solution. There is no doubt that one of the causative factors of the appalling social outcomes that we are often seeing is overcrowding in housing, inappropriate housing design, and inadequate preparation and support for indigenous people occupying housing.
The issue for me as the Health Minister is not so much that the housing is put in place, but that healthy houses are put in place, and there is a very big difference embodied in the two terms. It is not only necessary to embark on a very ambitious and a very sustained process of getting sufficient housing stock into indigenous communities within the models that are being explored at the moment, but it is also very important that each and every one of those houses, and of the existing housing stock, offer a healthy environment for the people living in them; in particular, the women and children who are the basis of the next generation of indigenous people coming into our community.
We are not looking for one magic bullet solution here. We have to look right across the whole range of causative factors for the poor social outcomes, whether they are health or law and order. We know that alcohol abuse is a very important factor in law and order and violence outcomes. We know that the state of the houses contribute, currently, to many of the often appalling health outcomes of people living in our indigenous communities.
The first thing I would say is that, whatever housing program is progressed, hopefully, as a result of the current national debate, whatever enhanced and increased effort put into the creation of sufficient housing stock to support our indigenous communities, however, those efforts are made, they have to be based on sound evidence and draw from as much as possible from known examples, and known successful examples of healthy housing arrangements.
We know the principles of good housing design, whether it is in the Top End or in the desert. We know we can have a look at appropriately designed houses in any of the environments around the Northern Territory - designs that have come out of very strong design processes and the experiences built up over many years with housing programs around the community. Why are we still going out there with stock standard designs drawn from the shelf of housing developments elsewhere in Australia, when we know that we have to modify the designs and the functions of houses to suit the conditions that indigenous people are living in, in the sense of their environment and their lifestyle? These are things that have to be maximised, the knowledge that we have of those issues has to be maximised if we are going to go forward and provide some better outcomes.
I said earlier that houses can provide either healthy or very unhealthy and destructive environments. There is no question that a germ-filled house is implicated in increased risks of infectious diseases such as meningococcal disease, gastroenteritis, trachoma, conjunctivitis, rheumatic fever, tuberculosis, and acute respiratory infections. All of those things are very clearly linked by research with the high incidence of substandard hygiene around houses. That is not peculiar to indigenous households. It would apply equally to non-indigenous households which have created the same environment. The evidence is so strong that there is an absolute automatic flow-on effect. If you have that environment in the house, you are going to have the prevalence of these diseases that we see so often coming in the front door of our hospitals.
There is also the issue of the hardware that a house has to offer to defend good health, such as working toilets, working taps and sinks, food storage areas that do not allow the accumulation of pathogens, and washing and cooking facilities. Poorly designed houses and overcrowded houses puts immediate pressure on those vital health facilities within a household. As I go around the communities in my electorate it is very common to walk into a house where almost none of those facilities are working. You have a house where raw sewage is shared between the household occupants, where you cannot decently or effectively wash yourself of personal pathogens, where food is rotting around the place, or there is congealed blood on food preparation areas. All of those things are an automatic recipe for ill health let alone having working white goods available for the storage of food and the preparation of food, and the washing of clothes. All of those things are fundamental to a healthy household.
The design of houses that can incorporate good living temperatures are absolutely essential. That is not just a case of putting up a box and airconditioning it, because the airconditioners more often than not break down, and you are back to having a household that is sweltering in the internal living areas of the house, another clear factor leading to ill health, or amplifying some other health condition that one of the occupants may have.
These are all things that we know about. These are all things where there are known solutions to them. These have to underpin any attempt to expand and to really focus on housing stock, and the provision of housing stock. Housing has become a really important focal point for our Department of Health through the Environmental Health Programs.
We have worked with the Indigenous Housing Authority of the Northern Territory to conduct an indigenous community housing survey. The survey started in August 2004 and was completed in July last year. A total of 4316 houses were visited, with 3750 fully surveyed. This comprised the largest single survey of indigenous community housing in Australia. The results highlighted the continued inadequacy of housing across all indigenous communities. Only 19% of the houses fully surveyed were found to be equipped with the necessary infrastructure which I outlined earlier. Only 46% of those surveyed had adequate facilities for washing people. Only 57% were found to have functioning washing machines and other necessary infrastructure to enable residents to easily wash their clothes.
Clearly, that is just an absolute recipe for ill health and not only the immediate health conditions that would arise such as infectious diseases and food poisoning, but also the much more tragic consequences of those early diseases in childhood leading on to chronic disease in adulthood. We are not only laying the foundation for regular visits to the clinic out bush, but those same occupants of those houses are going to be regular visitors of our dialysis units and our hospitals later on in life, and will not enjoy the life expectancy that the general community expects in Australia in this day and age.
All of those things are critical factors in my mind as Health Minister. I know that the Minister for Housing fully understands these issues from his personal work history and his present commitment to these issues within our government. I know that they will be carefully attended to as he implements any program that we can establish on our own bat or in conjunction with the private sector or with the Commonwealth government.
I was very encouraged to see the roll-out of life skills programs that the minister briefed Cabinet on in recent times. We are very much on the right track of getting the health aspects of housing seriously worked on in the Northern Territory. I look forward to working with the minister on further expanding that.
Mr WOOD (Nelson): Mr Acting Speaker, I welcome the minister’s statement on indigenous housing. We have discussed this issue earlier this year so I will not go too much over old ground. No one would disagree with the sentiments the minister has put in his statement. The real issue is: how do we overcome the problem. It is not that simple.
I thought I would raise a couple of issues. A question that needs to be asked is: how much cost has been added to a lot of the housing designs in communities? Many houses are designed by architects and, whilst there is no doubt you need someone to design a house, I am interested to know whether the architectural costs are part of the reason that housing costs so much. Do architects, for example, claim copyright on their designs? Are many houses being designed individually, rather than en masse, simply because an architect designs different houses for each community? It is a question that does not seem to have come up in the statement. However, it is a question that has worried me for some time, especially when I raised last time that you can see a kit home which you can buy straight off the shelf. It has obviously been designed by a builder or an architect, for a much cheaper price than some of the figures you were quoting, $330 000, and some houses yesterday you quoted at Groote Eylandt which worked out at about $580 000. That is pretty expensive housing. I know, minister, you have heard this before so I am interested in your response. How we can get around some of those issues could come up in the housing forum you have coming up in July.
The other thing that I believe was missing - I am not saying it was deliberate - but you gave a series of approaches to solving the housing problems. I raised once before the possibility of using local materials and I raise it again today. I did use as an example last time the pole frame structures. They may not come up to the super standards of a lot of the steel-framed houses of today, but they are a possibility. At Daly River years ago, for instance, where there was an abundance - and still is an abundance - of gravel, people built their own houses. They made the bricks and built their own houses. Is there an opportunity for us to use local materials?
I will give you another example; this book, Our Place, which I imagine the minister has seen. I do not read these very often, however, I know they exist. This is a Centre for Appropriate Technology book, which has an article on livelihoods. This is edition No 24 which does not have a date on it. It talks about an Arrernte woman - I hope to get the names right - Olive Veverbrants Peltharre. She has a mud brick house. I have seen mud brick houses in Howard Springs, in a wet climate, which work quite well. Is it a possibility that we not only use some of the projects you have there, but do not eliminate the possibility of local people building their own houses out of local materials?
Someone said to me the other day - and I will not name names, except to say that where my wife comes from, at Bulgul, there was a group there that always relied on the government to fix up this and to fix up that. Whereas, on the other side - and this was not anything to do with my wife per se – of her family, the people built their shacks out of local material. They did not wait around for the government to do something; they did it themselves. Therefore, there needs to be some encouragement as well for people to be able to build their own houses in their own communities.
This house of Olive’s is a very interesting house. It has solar power, so it operates a refrigerator. It has solar hot water. It says here: ‘Olive’s tips: three minute showers only’. It has two 22 500 litre rain water tanks which have only run out of water once. It reuses all the grey water, has a composting toilet which some of the design needs to be changed on, and it is made out of mud brick which, in itself, is a cool material - warm in the winter, cool in the summer. I see someone like this being an example of another option that we should be putting forward, so that people may be able to construct their own houses.
I will read a little interesting part of that story which is written by two people, Hannah Hueneke and Alison Wright. They have written the article about Olive and they write this under the heading: ‘Why Aren’t More Houses on Remote Communities Built by Local People?’ It is an interesting opinion:
They go on to write about an interesting subject which has been spoken about often, which was, ‘Do you use housing as a form of employment?’ When I was at Daly River, that is exactly what happened. They made their own bricks, they got a hand machine, and you could hear it all day going bang, bang, bang as they compressed the concrete to make the bricks, and they exported those bricks. There are a number of buildings at Adelaide River which are made out of bricks made by the community from Daly River. There are still a number of houses at Daly River made of the same material. I will read from this anyway:
They have the final message:
I suppose there is a good lesson in there too, in that we have to make sure that we are building houses - I am sure the minister has said this plenty of times before - that are suitable for the people who are going to live in them. At Bathurst Island, even though I know at that time they were doing a great job, going from many shacks to putting in large numbers of houses quickly, they all had electric stoves in them and electric hot water systems. They should have had solar hot water systems to start with, and they really should have had a barbecue out under a sheltered area out the back and not in the house because, soon enough, the electric stoves were wrecked or they were used to keep warm. If they did break down, they were not repaired and most people were quite happy to put a fire out the back with some wood and cook their dinner that way. That is the way they had always done it.
It is important that we do not necessarily have to look at houses that might fit Bayview Estate. We need houses that are practical. I notice the minister did speak about EHS, I will have to chase that up, the Environmental Health Standards. There is a section on the website which gives you some pretty basic things, many of them commonsense. I was pleased to see that, because I get very worried about standards when they apply all over Australia. However, in here it makes commonsense things such as you do not necessarily need glass here, you could do something else here. with a combination of local knowledge, Aboriginal participation in the design, using some commonsense standardised requirements. Someone even said today one of the most sensible houses they have seen is where all the plumbing was on the outside, so that if something went wrong with the plumbing you could immediately fix it. It was not buried in the walls, which is all very nice in a big city and looks aesthetically beautiful, it was not going under the floors so much, but you could actually maintain the services on the outside of the building. In some cases that might leave them open to vandalism, but they were trying to look at simpler ways of looking after a house.
One of the minister’s approaches was to have a major housing prefabrication operation in major regional towns, and it was interesting. I was visiting Marrara Christian College about two weeks ago and they took us to their engineering area. What are the students there building? They are building steel walls for houses. I thought, well, this is the sort of skill that would be good in places like this. You could have a multitude of walls that fit whatever design house you are going to put in. And if you have young people now learning these skills, there is a lot going for the major housing prefabrication operations.
The other thing I like is that the minister has not stuck with just one particular concept or approach that might fix the whole problem. He has looked at a range of approaches from social and community housing, rental and private housing, involving the private sector, the major prefabrication, and encouraging public housing tenants to buy the homes through HomeNorth Extra. An area that might be, I do not know whether that is possible at all, in my electorate may be at the 15 Mile community or the Palmerston Indigenous Village. I have raised it there: instead of paying rates why don’t you pay for your house. Why, for instance, couldn’t they ask a private contractor to come in and build a house at the 15 Mile Camp? I know they are advertising for Yilli Rreung to put some more houses there. If they are saying there is a shortage of houses perhaps there is an opportunity to turn rental into private working through the HomeNorth scheme at places like that. They do not have the difficulties of Aboriginal land there because they are on special purpose leases so we do not have to go through the issue of leasing that some of these changes to the Land Rights Act are supposed to be overcoming.
It has here: ‘regional construction contracts based on multi-year platforms’. I am not very good at government speak. There are a few words in here that rattled me a bit and one was multi-year platforms. Another one was – I will find it for you, it was an interesting word, I had to look it up in the dictionary. Sometimes when these things are written, they could be written a little more simply. It talks about: ‘It is an enormous disincentive to Aboriginal training and employment, especially by the private sector. It also militates against the development of long-term investments’. I had to look up the word ‘militates’; it basically means it works against the development. There are a couple of words in there that I thought were government-speak. When we are writing these documents we need to keep it in plain English. Not only are we going to read it as parliamentarians, these statements may go out to Aboriginal communities so they can see what the government is thinking in regards to the policy of building houses. I know it is only a minor thing, but there are a few people who have written books in recent times saying how difficult it is to understand the written word when it comes from governments because there is a different approach in the way things are written.
In summing up, what the minister has put forward is good. No one can tell whether it is going to end up giving us the solution, but by having five approaches at least you have more than one egg in the basket. I still think we should look at the sixth option, and that is encouraging communities to help themselves by using local materials. Let us not always rely on the housing association, let us not always rely on the government giving us money. Maybe mud brick houses using low technology methods are important in these areas. In the case of Olive Veverbrants Peltharre in Central Australia is a classic example of that. Looking at the cost that architects put on some of these projects; if that can be reduced, all the better.
One of the other areas that may be attached to the private sector investing is simply buying kit homes from interstate, or wherever they are put together. That is another option. I am not saying it should be the only option. There is a range of things we need to look at if we are to overcome this serious problem. We need to not only do all these approaches, but we need to make sure that houses are maintained. You need strong housing associations to make sure people do not wreck their houses, that they maintain them, and we should make sure the maintenance is simple. We do not want fancy hot water/cold water mixing taps which require special fittings. All you want is basic hot and cold water; you just need simple maintenance that does not require lots of money. We need houses that are simple to maintain.
I thank the minister for his statement today. I look forward to his response. I think that the debate is going to be adjourned today, because the minister will be meeting the Commonwealth minister. It will be interesting to hear what response he gets from the Commonwealth minister on this important issue. We look forward to his response.
Mr HENDERSON (Business and Economic Development): Mr Acting Speaker, I support my colleague, the Minister for Housing, on a visionary statement and a proposal for a way forward to meet what is the huge backlog and deficit in Aboriginal housing across the Northern Territory.
There has been much debate over the last month, six weeks, in regards to indigenous issues in the Northern Territory. However, as the Chief Minister has said and the current federal Indigenous Affairs minister – if he is raising the question of law and order, well the answer to a very large part across the Northern Territory to improve law and order outcomes is not only investing in police across the Northern Territory, it is improving the housing situation, reducing overcrowding and the enormous tension that overcrowding generates on communities around the Northern Territory. This has been an issue for – well, since self-government. At the time of self-government, the Territory inherited a huge deficit in Aboriginal housing. There has not been a great deal of impact on that deficit over the years.
The Commonwealth still maintains the primary funding responsibility for indigenous housing, and we want a partnership with the Commonwealth to improve those outcomes. However, in regards to Australia in the year 2006, why the Prime Minister of this country and his Indigenous Affairs minister could not see their way to committing to a 20 year plan with defined improved outcomes at five, 10, 15 and 20 years to once and for all rid this nation of the poverty that many of our indigenous people live in, and the total unacceptability of their housing situation, is beyond me.
Australia, at the moment, is going through a period of record economic growth, record prosperity. We have a federal government that is raking in unprecedented budget surpluses and we are saying to the Commonwealth: ‘Let us move forward over a 20-year period and address the disadvantage and the shame to this country of indigenous poverty’. It is not only a funding issue but, without funding to address this backlog in housing, we really are pushing uphill. I hope that our Chief Minister, at the COAG meeting in the next few weeks, can get support from her state and territory colleagues for the 20-year plan. I hope that the Prime Minister of this country can see his way clear to opening his eyes and his heart to the call from the Territory of bringing the 20-year plan to this crisis.
The member for Greatorex said that this government had made no impact and that the unmet needs are greater than ever. Given that the primary responsibility for funding for remote community housing lies with the Commonwealth, in reality Commonwealth funding has not increased in the last 10 years since 1996. We all know what has happened with the costs of constructing and maintaining infrastructure across the Territory since 1996. If the opposition is genuine regarding a bipartisan approach - currently it is the Coalition that has the Treasury benches in the Commonwealth – then they should be talking to their colleagues about increased contributions from the Commonwealth to the indigenous housing backlog which would be very much appreciated.
It was very disappointing to see the Prime Minister on the lawns in Washington in the hurly-burly of debate on indigenous issues predominantly in the Territory saying more money was not the answer. It is not the total answer, but we are not going to get very far, as the Chief Minister and everyone on this side of the House believes, unless we address this housing issue.
As the minister has said, the problem is getting worse. Poor housing is linked to poor education, poor health and poor employment outcomes, as well as the high levels of violence in some communities. The ignorance of the Leader of the Opposition in stating that housing does not contribute to violence and sexual abuse is astounding …
Ms CARNEY: A point of order Mr Acting Speaker! At no stage, for the purposes of Hansard, did I say it does not contribute to housing. I said overcrowding does not cause violence. There is a difference. Even the minister should know that.
Mr ACTING SPEAKER: Leader of the Opposition, if you think you have been misrepresented in any way, you can make a personal statement. There is no point of order. Please continue.
Mr HENDERSON: We can have a pedantic play on words regarding ‘cause or contributes to’. The Leader of the Opposition asks if I have read the research - there has been a lot of research written on this issue. You only have to get out into the communities. You only have to set foot on the communities and see the enormous pressure that people live under. Put yourself in the shoes of those people living in a three-bedroom house with one toilet, one kitchen, with 17 or 18 people, with roads and driveways that are unsealed, and wonder how you, as an individual, would cope. I know that I would struggle.
Housing is not the cure for all of these, but it is a precondition for better education, health and safety outcomes. It is a logical intervention point for government. Not only is it a logical intervention point, it is the most critical intervention point. It is not rocket science. Regarding the current Indigenous Affairs minister, I hope that, as we work through what has been a difficult time moving towards the meeting in Canberra, we will be going as ministers saying: ‘If you are serious about making a difference in your term as Indigenous Affairs minister in the Australian parliament, then getting a 20-year commitment to improving indigenous housing and ridding this country of the backlog in indigenous housing would certainly be a great testament to your time as Indigenous Affairs minister’. We can but try.
It is not only an important social intervention. Done properly, we can see it as a positive economic opportunity. That is what I want to focus on tonight. Quite often, we all see - particularly members who have rural and remote communities - the absolute depth of overcrowding and poverty that that contributes to in the communities, but if you flip it on its axis and take a 180o view, it can provide a real opportunity, and that is what I want to focus on in my contribution tonight.
We have to ensure strong indigenous participation through employment and business opportunities and real outcomes from the existing and required expenditure. We have to get job employment enterprise outcomes for Aboriginal people in building homes on communities, maintaining homes, as opposed to having to virtually rely on, at the moment, flying building teams in from our major urban centres at a huge cost and a huge premium to build and maintain those homes. That is the real challenge here, and it is not only a challenge, it is an imperative, and one that I speak with my colleague, the Minister for Housing, about on a regular basis.
This can be done through expanding our current approach of direct contracting within indigenous organisations with local building teams, or strongly encouraging an indigenous employment outcome from private contractors throughout our procurement guidelines. I might be so bold this afternoon as to suggest that not only should we be looking to do this, but I believe we should be requiring these outcomes through our own procurement processes. It is not going to happen overnight, there is a huge training requirement out there, I believe that the whole training industry, in regards to training on remote communities, needs to be looked at and much more practical outcomes achieved.
As Minister for Business and Economic Development and indigenous economic development, working with my colleague, the Minister for Housing, I believe that we do need to take a long-term view, a five-, 10-, 15-, 20-year view. We need to work towards a target. , Whether it is 100% or less, over time, with all these homes that are going to be built on remote communities, and the maintenance of that infrastructure to require a significantly increased, if not a total indigenous involvement over time. That is the challenge that I believe we face.
That challenge does require extensive consultation with those stakeholders. I must admit, however, this could be an alternative process for some. As I have said, I believe we must move in that regard. The process could do much to value-add in addressing the skills shortages in the construction industry. I would like to pay tribute to the Territory Construction Association and the Northern Land Council which - I believe it was three years ago now, it may be a bit longer than that, possibly four - entered into a memorandum of understanding to work together to see improved training outcomes for indigenous people in the construction industry. If we could work towards this vision, we are going to be significantly boosting our construction workforce in the Northern Territory, and it will be a construction workforce that will live, work and continue to work and retire in the Northern Territory.
One of the key complaints of our construction industry is this boom and bust, and as soon as the construction industry comes off peak, everybody packs up their ute and heads back down south. Well, indigenous people are not going to do that. They are going to be a large part of the workforce that is going to be here, through the good times and the bad times.
A 20-year housing program will allow indigenous organisations and businesses to grow and develop safe in the knowledge of a predictable level of work. We must also look at attracting private sector investment. We have to do this. The reality is, as much as we are going to try to convince the Commonwealth government to dig deep in funding this back log, probably no government is going to do that in total so we have to get some private sector funding into the bush. There is the capacity for people to pay rent, there is certainly the capacity with changes, whether it is under the existing section 19 provisions in the Aboriginal Land Rights (Northern Territory) Act or the proposed amendments before the Commonwealth parliament now, there is the potential for some indigenous people to purchase their own homes. But the private sector has to be able to invest in some capacity and get a return on that. Given the guaranteed rental levels that are out there, mechanisms and financial structures need to be found.
Initially this will come from indigenous organisations, royalty associations and the like, that have the funds to invest and which will get a double benefit from investing in their own community. A good example is Groote Eylandt and Bickerton Island Enterprise, GEBIE, which is looking at a number of investments, one of which is a housing subdivision to cater for indigenous workers at GEMCO’s mine who want to eventually own their own home. I had the privilege of being on Groote Eylandt with the member for Arnhem some two or three weeks ago. Just meeting with the Andiliyakwa Land Council, the people there at GEMCO, a number of other organisations out there, I was just blown away by the enthusiasm, the work that was happening to attract private sector investment, the aspirations of people who work in the mine to own their own homes, and the efforts that have been put in place to establish the tourism venture on Groote Eylandt through mining royalties and trust funding. The people on Groote Eylandt are certainly leading the way in this particular debate.
There are also discussions happening in some of the major communities with government officers and land councils about similar exercises where there is a large private investment and potential workforce in mining and forestry. It is a positive way forward.
These issues and the challenges lie before all who currently sit in this Assembly and people who are going to come over the next 20 years. For my part as Minister for Business, Economic and Regional Development, I have recently announced membership of four new regional economic committees in Katherine, Nhulunbuy, Tennant Creek and Alice Springs. I have appointed people to these committees who have the skills, experience and local knowledge to make them succeed as well as a strong desire to see their communities develop and prosper. In the coming months, I will be announcing a number of regional and remote economic committees. The role of those committees is to work with us and the Commonwealth government to identify a specific enterprise and job opportunities into real investments and jobs for people in the regions and remote communities. I am looking forward to the task.
By taking the 20-year view we can see the potential that could arise from a comprehensive approach to indigenous housing as outlined by my colleague, the minister. It requires partnerships with indigenous communities, organisations, committees such as the new regional economic committees, with the construction industry and from a resources perspective with the Australian government. With all the best will in the world the Territory government alone does not have the resources to fix this problem but in partnership we can do that.
The statement today by my colleague is a must. It is not a pie-in-the-sky hypothetical statement; it is a must. The only way we can overcome this disadvantage is to take a long-term view and the opportunities that long-term view takes. A real opportunity is to see many more jobs for indigenous people on communities on full wages; the opportunities for regional building construction and maintenance teams, or companies, or community-based businesses. There are real commercial opportunities out there. There are real jobs out there in the bush.
If you were to add up all of the money that is spent in the bush on construction and maintenance, not only in housing but in government capital works and other infrastructure that is built in regional and remote parts of the Territory, the amount of money that is spent on road construction and maintenance, there are probably thousands of jobs out there in the Northern Territory that could be done by local people.
We have to grasp that opportunity. It is going to need commitment from indigenous people to step up to the plate in terms of their kids going to school, learning to read and write and the basic skills that will allow them to take their part in the workforce in the Northern Territory. It is an opportunity that must be grasped, and I give credit to my colleague, the minister, who is very passionate about this. I am very confident that this strategy we are putting forward today is one we will do our very level best to deliver on as a Territory government.
However, we would say to the Commonwealth government that without a significant increase in funding out of that huge surplus and the surpluses that are predicted over the years - I think the average Australian would say that it would be a good idea to spend some of that surplus on eliminating the overcrowding and housing disadvantage of the first Australians. The challenge is for the Commonwealth government to step up to the plate. If they step up to the plate, we are there with them and we can do this.
Mrs BRAHAM (Braitling): Mr Acting Speaker, I welcome the minister’s statement. I know what a difficult job he has had. I have sat in ministerial councils and tried to win more dollars for the Territory but had to battle the attitudes of the other states and territory in getting more dollars. I know the relief when you have got a little bit more, although you knew it was never enough, although you put your case quite clearly to the Commonwealth, but you were never going to win that much. I always thought that the IHANT program and the NAHS program, when they were introduced, were a step in the right direction over time. Maybe they have not been as successful as we thought but at least they did get homes built and that was an important thing for us.
It is good that we are talking about an issue that for a long time we have not been game to talk about publicly. If we had talked about the affairs of Aboriginal people and what is happening in their lives and the destruction of family life and what have you, we would have all been branded as being racist. The good thing is we can now talk about this openly, and people understand that we are talking about it in the public domain because we are concerned for people and what is happening to them. We are concerned for not just Aboriginal people but the effect on non-Aboriginal people as well. We have to welcome the debate and hope at the end of the debate, something is achieved, that we are not all standing up here in this parliament and talking the talk without getting results.
When you go visit the federal minister, good luck. I hope you manage to get some sort of agreement with the Commonwealth because it is quite obvious that a government of this size could never do all that is necessary to provide housing for Aboriginal people.
It is true also that much of the vandalism and the destruction of houses that has occurred over time is due to the fact that these houses contain too many people. You cannot have one house with so many people going in and out of them all the time without some effect on the building itself. You go into communities and you realise that things are not right. With the management of houses we know it is hard enough in town, let alone recognising how hard it must be in bush communities. I have a number of public houses in my electorate that have been vandalised, that are now empty, which will probably cost a lot to get them repaired and maintained which is needed. If that happens in a suburb, of course it will happen in communities where the management of houses becomes even harder when it is affected by the family situation, the cultural obligations of people who are on councils, all those things that interfere with the objective management of housing.
If the Northern Territory government is going to take over the management of housing, we have to make sure we do it as well as we can. There will be a lot of responsibility that goes with that to make sure the rent is collected, to make sure that as repairs are needed they are done. If you leave a house that has something wrong with it; it only gets worse, it does not get better. You need to repair broken windows, taps, whatever it is, as it occurs. The maintenance is vital.
I have always been horrified at the cost of housing in remote communities. I know it is great for the building industry. My son is involved in the industry, and even he gets quite horrified at the cost to build homes - and it has gone up over the years. NAHS did not help in that the houses they were building were over-designed and overpriced. If we are looking for value for money, as the member for Nelson said, we need to look at the design of houses. Maybe there is a way around using demountables. I know Tony Smith in Alice Springs - and I am not quite sure of Tony’s company name - has a very good contract at the moment for supplying demountables to a mining company in Western Australia. Demountables these days are not one and the same design. You can get a demountable designed for your needs. Obviously, in different Aboriginal communities different designs are needed. I am quite sure that part of the reason many of these houses are no longer lived in is because the design did not suit the people who were using them. What suits me in my suburb with my family is not necessarily the sort of home that would suit people who are used to living out in the bush, who love to live outside the houses more than we live inside our houses. I guess the design is something that has contributed to much of the destruction and the vandalism that has occurred.
You have said, minister, in your statement that you are going to try to get a mix. Most of the housing we have had so far is welfare housing, and you are going to try to get a mix to get away from that. That is a great idea. However, I have reservations. I am not quite sure how it would work. How do you get private ownership on Aboriginal land? How do you get a financial institution to lend money to someone if they can never recoup their loss? That is business today. If I borrow from the bank and I do not keep up my repayments, they want that money back and they will confiscate as time goes by.
You may have recalled the scenario we had with the HomeNorth scheme, which is a good scheme. It has helped many Territorians. I guess that is what you are looking at: whether there is some way the HomeNorth scheme can help Aboriginal people get housing. One of the schemes you have is where the purchaser of the house owns 70% and the department or the government still owns 30% of the house. We had the case of the family in Alice Springs who purchased the house for $140 000. It was great, but they were a struggling family so the government retained 30%. The family worked hard keeping up their repayments and trying to get a little more, and went to the bank and asked to have a loan to buy that amount that they owed which was, at the time when they bought the house, an additional $40 000. The bank said: ‘Yes, you are getting on your feet, so we will give you a loan so you can buy the rest of your house’. However, when they went to purchase the rest of the house, what had happened is the market value of the house had gone up so much their $40 000 was then $70 000. That was the government’s share of the house whereas, they thought all along they were only borrowing $40 000 from the government. As the market value went up so did the share that government had. They could not go ahead with that loan because it was then out of their reach.
It is those financial obstacles that we have to think through carefully when we are trying to get Aboriginal people to invest more. As I said yesterday, Aboriginal people need a lot more training on how to manage their finances. If they are going to be locked into some sort of program of loans and what have you, then they need to understand exactly what they are going into: how much they need to pay for how long, and what will be the implications if they do not go ahead with it. Although I was one of the people who originally started talking about private ownership on Aboriginal lands, I am also very aware of the difficulties it can cause. It is one of those programs you have to think through very carefully to make sure you are not putting people into a situation where they are going to fail. That is what has happened so many times. We do not want to set up that scenario where people fail; we want them to be successful in whatever they do so they can be like you and I. They can be proud of their home and be proud to have visitors. Ownership also gives you power and empowerment, and that is important.
As I said in Question Time, I also worry about the town ‘dry areas’ legislation. I would hate to see Aboriginal people get to the stage where they own their home and have much of their efforts come unstuck due to problem visitors. It is true – you and I know there are tenants in our public housing who walk away. Their leave their homes because they cannot put up with that humbug any more. At the moment, we have one unit where Public Housing says it does not know where the tenants are. Even though there are people in the unit they are not the correct tenants. Those tenants obviously walked away because they could not put up any more with what was happening. All I am saying is be careful. Do not let us get into scenarios where people will fail. Let us give them a chance, but let us make sure they understand really well exactly what they are doing.
You also mentioned in your speech about facilitating investment through Aboriginal royalty association and investment companies. That has always been a bit of a sticking point for people, particularly in Alice Springs. I do not know what proportion of the town is owned by Aboriginal companies now in the CBD, but I guess it is probably at least 20%. There are some huge commercial buildings owned by Aboriginal investments, and we do not see the benefits of those investments going down to the grassroots.
The classic case was the Irrkerlantye School, which was seeking money to stay open, and yet none of the big investment companies, or the CLC, would put money into them. If somehow or other you can tie in some of those royalty and investment companies to invest in their own people, that would a signal to the rest of the community that they are willing risk it, so why don’t we. That would be a significant contribution, but it would also be a significant way of saying to other business companies, ‘We are willing to risk our monies, why don’t you put up as well?’
I talked about the design, and borrowing through HomeNorth. I do not know how much influence, or how much interest, this government has in some of the designs that are occurring at the moment. For instance, I know of one centre which has been designed for one of the outstations and the funding through one of the mining companies and the federal government was something like $750 000, which is an enormous amount of money. However, it looks like the building is going to end up costing $1m. It is partly to do with the design. Sometimes architects get carried away with their dreams, I suppose, of what they want to do, but it may end up being an impossible task. In fact, I have heard that builders in town are going interstate to get people to put prices in for it, because many of the builders in our town have said, ‘We cannot do this. This is too difficult a design. We are not into this sort of production’. I mention that because it is a concern that we do get hung-up on design.
When I go into some of the camps in Alice Springs, the people are in a catch 22 situation. They want to stay where they are. They want to have a better lifestyle, but they are never quite sure how to go about it themselves. I think it is because for too long we have been doing things for them. We have taken decisions out of their hands, we have handed them things on a platter, and we have not involved them in the whole process. When we are talking about a 20-year vision for indigenous housing one of the most important things, and I know you probably agree with this and probably will do it, is to make sure you involve the people you are supplying the homes to. Do not let us have some committee made up of people who for all their good will do not live on the community, do not understand what it is like to live on a community, do not understand the needs of living on a community.
Let us see if we can really get the people who are going to benefit from this plan to be involved in the whole process. If it takes a little longer to take time to listen, and we all know that is what we need to do with Aboriginal people, we cannot do it in a hurry, then so be it. At the end of the day the result is that we want to have a far better lifestyle for the people on the communities. I believe that if we have better lifestyle, if we have better housing, the follow on from that means that we will get better people. If we start at the grassroots and we are looking at how we can prevent things from happening, it is far better than getting into the situation where we are now, where we are trying to find solutions to problems, whereas if we start right back at the beginning and try to get things right, right from the start then we might have success.
Minister, good luck with it. I hope you have success with the federal government. We will all be waiting to see what happens.
Dr BURNS (Infrastructure and Transport): Mr Acting Speaker, I support the Housing minister’s statement on indigenous housing reform. The extent of overcrowding and homelessness suffered by many indigenous Australians is of major importance. I heard what the member for Braitling said about previous NAHS and other programs operated by the Commonwealth and I concur with that. I remember Dr John Herron, when he was Aboriginal and Torres Strait Islander Affairs Minister, certainly prioritised the National Aboriginal Health Strategy, which became the NAHS strategy, and significant investments in housing at that time. Although I have not been closely involved in housing funding between then and now, it is my understanding that that was probably the largest investment that has occurred in some time.
There is a challenge for the Commonwealth in regard to this and the Coalition and the new minister, Mal Brough, should be looking to the example provided by John Herron. He realised, like so many others, that with overcrowding in housing there is a definite link with disease and other social problems. If you are talking about diseases you are talking about rheumatic heart disease and TB which are all too prevalent amongst Aboriginal people particularly within the Northern Territory. In fact, the rates of those diseases are amongst the highest in the world and that can be directly attributable to overcrowding in housing. So it is a health priority, it is a major priority and that is why I am supporting my colleague, the Minister for Housing, in his quest to get more housing funding from the Commonwealth and to get better delivery of housing and building of housing out in Aboriginal communities. That is my role as the Minister for Infrastructure and Transport.
In the Northern Territory, construction of at least 4000 additional houses is needed to address the current overcrowding and homelessness faced by Aboriginal people living in remote communities. The total construction cost is estimated to be around $1bn and for a range of reasons construction costs have escalated in recent years. This has had a dramatic impact on the cost of works especially in remote communities.
The Minister for Housing has announced that a workshop will be held in the next month to consider issues of housing design and construction costs particularly in remote regions. I am advised that the workshop will include participants from industry and from the Indigenous Housing Advisory Board. Officers from the Department of Planning and Infrastructure, which is responsible for the construction element of the Northern Territory Indigenous Housing Program, will also participate. I note that my colleague, the Minister for Housing, places a very high priority on the development of training and employment outcomes through the Indigenous Housing Program. In fact, the Department of Planning and Infrastructure’s training programs are in place in the current construction program. It plans to increase the geographical spread of these training programs and the total number of trainees in the coming financial year.
From July 2006, in line with the overarching agreement between the Commonwealth and the Northern Territory, an increased proportion of Commonwealth expenditure on the National Aboriginal Health Strategy will be administered by the Territory with agreed goals and detailed reporting to the Commonwealth. Under the pooling arrangement, funding for the construction of new houses for the Northern Territory Indigenous Housing Program is expected to increase to about $30m per year. While this is a significant program it remains obvious that without a major additional injection the annual budget for new housing construction can only address the outstanding needs over a very long time frame.
Revisions to the project management of housing construction currently being implemented are consistent with the implementation of the new indigenous remote public housing model in the Northern Territory. These revised project management models will enable a timely commitment of any additional investment by the Commonwealth for indigenous housing in remote areas. In order to speed up the rate of construction expenditure, the former IHANT board endorsed the use of regional project managers to manage construction in the number of communities rather than providing grants to individual community housing organisations which would then manage individual projects, its plan to progressively increase the proportion of the construction program that is delivered by regional project managers. Regional projects are now in place in Central Australia and the East Arnhem.
In 2006-07, in order to facilitate timely expenditure, it is also planned to project manage the proportion of the construction program through the Department of Planning and Infrastructure’s Construction Division. The creation of local jobs through the Indigenous Housing Program is a priority for the program and for the Northern Territory government. The public housing management model has a potential to increase employment opportunities for local Aboriginal building and repairs and maintenance teams. Currently, few community housing organisations are large enough to provide sufficient work to fully utilise the skills of local tradespeople. The public housing management model will provide a career path that will enable local employees to realise their potential. Such opportunities for personal development will benefit individuals, communities, and the Northern Territory as a whole.
Current training programs running in conjunction with the Indigenous Housing Program provide trainees with the opportunity to acquire competencies leading to Certificate II or III in construction trades or repairs and maintenance skills. Opportunities can also be developed for trainees to acquire Certificate IV qualifications. It is anticipated that trainees completing the Certificate II or III will transition to paid employment. Training programs are provided on the basis that paid positions will be provided in housing repairs and maintenance teams in the host communities. Of course, local repairs and maintenance crews with the capable staff are well positioned to bid for maintenance work on government assets. A capable local building team has a competitive advantage and it does not have to bear the mobilisation costs the town-based contractor would incur. By the end of the 2006-07 financial year it is planned to increase the number of trainees to between 40 and 50.
The Minister for Housing has outlined today his vision for an equitable and efficient public housing model, delivering housing services in indigenous communities. The current community-based system is delivered by a hard-working and very dedicated individual. However, it is resolved in a vast array of inconsistent tenancy and assets management policies and practices. The variations go so far as to fundamentals such as rental policy and rents paid. It is apparent that this model is not delivering consistency or high-quality outcomes.
The Minister for Housing has announced the Northern Territory government’s intention to move towards a public housing model which would operate under consistent guidelines both for tenancy and asset management. The delivery of consistently high-quality housing services is a priority for the government. It is apparent that too much is being asked of some of the smaller community-based housing organisations. This has resulted in overloading of limited resources and poor achievement of outcomes. It has also had an impact on the construction program where some community-based housing organisations have been slow to translate the confirmation of the construction grant into the contracting of the project, and managers and builders. The public housing model will take some time to implement and will need some consultation with indigenous community housing organisations. The Minister for Housing has referred to these requirements in his statement to the House.
Despite the intensive effort that will be required in transitioning to this model, the planned outcomes are too important to be ignored. These outcomes include a consistent management and maintenance policy, consistent rent and repairs and maintenance policies, and improved tenancy support programs. These outcomes can be achieved, building on the practical experience of community housing organisations and the public housing model.
Mr Acting Speaker, I commend the statement to the House.
Debate adjourned.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I am pleased to report that our increased focus on consumer affairs is providing a fairer system for all Territorians. This government has made consumer protection a priority, particularly for the disadvantaged or vulnerable. Fairness and justice with everyday consumer activities such as purchasing, trading, or renting our homes, underpins our way and quality of life. A fair balance of consumer rights and trader rights, and the responsibilities of each, is integral to sustaining this quality of life and equitable marketplace behaviour. Through working with consumers and traders, we are delivering initiatives in a number of key areas that will ensure a stronger balanced consumer and trading field into the future.
The ministerial statement I am delivering today is an update on the activities and initiatives of the Office of Consumer and Business Affairs, including the key areas of incorporated associations, indigenous consumer issues, regulation and licensing, tenancies, consumer protection and education activities, and business registration. Members may recall that the Territory has been a lead jurisdiction on national consideration of indigenous consumer issues. Members will also be aware of my previous statements in this House on developing strategies to improve consumer awareness for this large group of Territorians.
The Territory was tasked with leading development of a five-year national indigenous consumer protection plan. A working party chaired by the Territory undertook national consultations to develop the National Indigenous Consumer Action Plan. This strategy was launched in Canberra on 1 September 2005, and signed by all state, federal and territory ministers. The Territory is now reporting on our progress against the strategies and priorities identified. A key achievement so far has been the development of A Guide to Enforcement: Indigenous Consumer Matters, which provides fair trading agencies with procedures to assist with enforcement and compliance activity.
The Commissioner of Consumer Affairs, Richard O’Sullivan, is also chair of the National Indigenous Money Management Group, with all major banks and Reconciliation Australia. The group aims to assist the delivery of financial literacy programs and better banking product services to indigenous Australians. Our leadership in tackling book-up practices, which I will elaborate on shortly, has contributed to giving this area a national profile.
Following the national recognition that indigenous consumer protection requires increased focus and effort, including communicating consumer rights to indigenous people, the Territory developed a leading multimedia education campaign in 2002. The Indigenous Consumer Education campaign starred well-respected Territorian and legendary AFL footballer, Michael Long, and delivered targeted consumer advice on purchasing cars, warranties, refunds, and promoting the safe use of debit cards and PIN numbers through television advertising, posters and educational videos. Empowering consumers through education on consumer rights and responsibilities is the most powerful way to provide the best possible protection for consumers. I am particularly pleased as I travel around my bush electorate to note that Michael Long posters are still prominent, plugging those all-important consumer protection messages.
Our government has since moved further and opened community debate on the sometimes controversial practice of book-up in the Territory. I released a book-up discussion paper at the bankers’ forum in Alice Springs in November last year. There has been much public debate over many years about the pros and cons of book-up in the Territory, particularly about the associated practices such as traders holding consumers debit cards and PIN numbers, and an evident degree of consumer detriment arising from these practices. Widespread consultations took place around the Northern Territory through public forums in major centres, visits by the Commissioner of Consumer Affairs to a number of remote communities, written submissions from 38 interested parties and organisations, and numerous informal submissions by phone and e-mail.
The consultation brought a range of divergent views on potential regulation of book-up, most in favour in some form of mandatory code of practice under the Consumer Affairs and Fair Trading Act. Many of the peak representative bodies, including the Chamber of Commerce supported the development of a mandatory code, which I believe reflects well on Territory business practices and peak body policies. As a result of the submissions, I have approved the development of a mandatory code of practice. Our government will now enter a further stage of consultation, as required by the Consumer Affairs and Fair Trading Act, when developing a code of practice. Stakeholders and organisations representing affected traders will be invited to comment on the terms of the proposed code.
There are many issues for both consumers and traders with book-up. The impact of unregulated book-up on the viability of many community stores may be one of those issues that can be assisted by a mandatory code. Similarly, the practice of stores and traders like taxis, minibus operators, white goods suppliers and other businesses holding consumers key cards and PIN numbers and withdrawing money without the consumers knowledge or consent, I hope will be relegated to history.
I commend Consumer Affairs for its work in leading action to improve the practices of book-up throughout the Northern Territory for the benefit of both traders and consumers. The introduction of a code to regulate and improve practices will be the first in Australia, and developments in this regard are being closely monitored by other states and jurisdictions. Consumer and Business Affairs have also taken action to address lending practices that have adversely affected a number of indigenous consumers in the Territory.
Officers of Consumer Affairs NT and South Australia, and the Australian Securities and Investment Commission have been working together with the banks to reassess numerous personal loans contracted by a South Australian-based broker. These loans were provided to indigenous consumers who fell prey to this particular broker. The bank has indicated that these consumers have been inappropriately provided with loans through an incorrect assessment of their financial and personal positions and, as such, many have been written off, whilst others have had their debts and repayments reduced.
Some 35 loans to Territorians have been written off following the bank’s reassessment, with a further 25 loans identified by Consumer Affairs still under consideration for either write-off or renegotiation. Consumer Affairs is assisting the banks to identify further Territorians who have been overcommitted by receiving these loans. To date, over $3m worth of loans have been written off, inclusive of consumers in South Australia and Queensland.
Financial institutions are required to ensure that their loans are provided in a responsible manner, and to ensure that third parties introducing these loans, including brokers and finance officers in car yards, are also doing so responsibly. Consumer Affairs will continue to monitor the activities of banks, credit unions and finance companies when providing loans, in particular to remotely-based indigenous Territorians, to ensure responsible lending throughout the Northern Territory.
I am pleased to announce that, from 1 September 2006, Consumer and Business Affairs will increase its ability to appropriately deal with breaches in consumer laws through the use of infringement notices. These laws include the Consumer Affairs and Fair Trading Act, Commercial and Private Agents Licensing Act and the Residential Tenancies Act, to name a few. The infringement notices are a measured approach to assist in protecting consumer rights and in modifying trader behaviour to ensure lawful confines. These notices will generally apply where the offence is not resulting in major consumer detriment warranting licence suspension or revocation, court action or highly punitive measures.
Major offences resulting in significant consumer detriment will continue to be dealt with through more severe enforcement action via the courts, or discipline through the commissioner, including licence amendment or revocation. Procedures and policies have been developed to ensure that the notices will be issued under strict guidelines. Accountability and transparency will ensure an impartial and commonsense approach to the issuing of the notices. The penalties will range from between $110 to a maximum of $1100 and will apply to 114 offences under the various acts administered by Consumer Affairs.
Consumer Affairs is working closely with industry associations including the Real Estate Institute of the Northern Territory, Motor Traders Association, and others to ensure businesses that may be affected by the introduction of this initiative are well aware of the proposed procedures to be undertaken by Consumer Affairs officers. To date, industry bodies consulted have given strong support to the use of infringement notices as an appropriate regulatory tool in compliance activity.
I am sure that the Territory businesses will support these measures. There is little doubt that a very high percentage of regulated businesses act appropriately and that those few who require encouragement to adhere to the regulatory requirements can soon be quickly brought into line through the use of these notices. Fair trading is good business.
Territorians will particularly welcome the new infringement notices targeting door to door traders who call uninvited to homes on weekends. If they call on a Sunday, or public holiday, or otherwise outside the prescribed hours, they will be liable to an infringement notice of $550 per offence.
Our government is also moving to improve financial literacy. Today, I have unveiled a new project called Money Stuff developed in collaboration with Consumer and Business Affairs and the Department of Employment, Education and Training.
As I stated earlier, education is the key to empowering people, which is why we have moved to focus on supporting financial literacy to assist hundreds of young Territorians as they set out in life. We hear many stories about young people finding themselves in an ever increasing debt cycle, and feedback shows that both parents and young people believe that lack of money managing skills is a major contributor to youth debt.
One example is the debt associated with mobile phones which is at a record high and will increase as technology advances. People are now able to use mobile phones to change ring tones for a fee, pay accounts, access the Internet, buy CDs, download music, and if they know a bank account number and PIN number they can make bank transactions. Young people need to develop the necessary financial literacy skills at an early age to enable them to move through life as independent informed consumers whether it is buying a car, a phone, or renting a unit. I believe that consumer education is a life skill necessity which is why we have moved to focus on supporting financial literacy through our curriculum to assist hundreds of young Territorians. Money Stuff is an exciting Internet-based interactive curriculum program that is currently being trialled in a number of high schools across the Territory. I am sure, and this confidence is shared by the minister for Education, that these trials will result in Territory-wide application of the Money Stuff program.
The Money Stuff educational resource program is an excellent tool which provides information through an interactive website including challenges, quizzes and fact sheets to assist students in understanding consumer rights buying products and basic money matters. The program also includes intensive teacher resource kits, printed material and lesson plans to educate young consumers to manage their money successfully and stay out of debt. In time this will be rolled out to remote indigenous schools to compliment the very successful Michael Long Indigenous Consumer Education campaign.
When we came to government we looked to develop mechanisms to assist people to resolve disputes outside the court setting to reduce the cost to parties and free up the court system where issues could be resolved in other ways. A successful community justice centre is a great example of that policy shift. In recent times, changes to the Residential Tenancies Act have kept most disputes out of court and transferred responsibility for dispute resolution to the Commissioner of Tenancies. The number of disputes lodged with that office has increased enormously as has the number of resulting tenancy inquiries conducted.
Most recent increases in disputes have given rise to some concern. Already tenancy disputes lodged with the Commissioner have increased by 20% and 38% respectively in the last two years. It appears some Territory landlords are capitalising on the increase in property values by increasing rents. However, landlords may risk losing good tenants through steep rent hikes. A buoyant economy, employment opportunities, and our great Territory lifestyle have attracted many new residents to the Territory, and to Darwin in particular, creating a strong demand for rental accommodation.
There is an assumption in the Territory that the rental market is strong enough to accept higher rates. However, there has been a substantial increase in applications to the Commissioner of Tenancies by landlords to take back possession of rental premises due to tenants falling behind in their rental payments. Higher rents and some rents which have risen in excess of $50 per week in recent months, puts added pressure on household budgets, particularly for those on low incomes, and landlords need to consider what impact any rental increases are likely to have on their ability to retain existing tenants and or attract new tenants. Keeping rental increases to a reasonable level may in fact provide a better return for their investment in the long run.
Consumer Affairs has responded to these circumstances by mounting an awareness campaign targeting both landlords and tenants. Tenants should ensure they read their rental agreement or lease carefully before they sign, as most rental agreements clearly outline when and how landlords can increase rents. The terms of the agreement relating to increases in rent must comply with the Residential Tenancies Act. Landlords must similarly be aware of compliance with agreements and mindful of the rental affordability for valued tenants.
I now turn to the government’s consumer advisory body. Earlier this year, I appointed five new members to the Consumer Affairs Council. The council is an advisory body to me on issues affecting consumers that meets regularly throughout the Territory. The five new members joined five existing members bringing together a wide range of experience and expertise to provide government with advice on issues affecting consumers around the Territory. Mr Graeme Bevis was reappointed as chair of the council. Other re-appointees include Phil Maynard, Mick Uibo, Rajeev Sharma and Leigh Shacklady. New members appointed also demonstrate a vast experience and expertise in their respective fields that will support them in their roles on the council. These members are Des Rogers, Frederica Gaskell, Alistair King, Jacqueline Nichols and Rosemary Redgen.
The Commissioner of Consumer Affairs is concurrently undertaking a review to re-examine the role of the council and its interaction with the Office of Consumer and Business Affairs, as well as the potential to enhance the relationship between the council and federal bodies. It is expected that the review will be finalised by October this year. The major focus for the Consumer Affairs Council through the last 12 months has been to examine, consult and report on issues facing young consumers. The council consulted with young people, youth groups, service providers dealing with young people, indigenous people, multicultural groups, and utilised feedback from the surveys conducted in urban, rural and remote areas of the Territory. The results of the consultation proved that although consumer issues affecting young people covered a broad spectrum, it was monetary issues and a lack of financial literacy education which were the most common concerns across the board.
In the near future I will be meeting with the council and the Commissioner for Consumer Affairs to discuss the recommendations. There is a strong synergy between the council findings and the recommendations on the Youth’s State Strategy and current work being pursued by Consumer Affairs in raising the awareness of financial and consumer literacy issues amongst young Territorians.
Members may be familiar with the Consumer Affairs’ Fair Trading Officers whom you all see at stalls, shopping centres and markets providing consumers with on-the-spot advice. The theme for the displays is determined by the emerging issues reported through the consumer affairs inquiry line. Over time, themes have included scams, warranties and tenancy issues such as breaking leases, security deposits, and lack of repairs and maintenance by landlords.
Statistically the Office of Consumer Affairs is very active. Over 15 000 inquiries were lodged through the consumer inquiry line in the last year comprising 42% on residential tenancy issues; 17% relating to purchasing of goods, pricing refunds and warranties for example; 15% automotive, largely purchase or repair issues. Consumer Affairs officers visited 329 retail and business premises in dealing with consumer issues or licensing matters relating to approximately 1500 licences issued and monitored.
The Trade Measurement staff last year undertook 1496 visits to premises and tested or inspected 2577 instruments relating to volume, weight, or other measures. In 2005, 1350 prepared goods were also tested for correct calibrations. Proper weight and measure underpins our confidence in fair trading and purchasing activity. We want to be confident that we are getting our litre of petrol, our measure of scotch, or our kilo of veges or meat.
In my role as minister responsible for Consumer Affairs, I recently hosted the Ministerial Council on Consumer Affairs, MCCA, meeting in Alice Springs over 16 and 17 May. I pay tribute to the excellent hospitality and service provided for the ministerial dinner on the night of 16 May. The venue was the outback setting at Ooraminna, with hosts Bill and Jan Hayes. Bill is a sixth generation Territorian. The Victorians, who will be the next hosts of the ministerial council, are going to find the bar that was set at such a high level very hard to match.
Major decisions taken and issues discussed at the ministerial meeting included the establishment of the Do Not Call register, scams research, unfair contracts, national regulation of property investment advice, and reforms to the product safety system. I will detail here two of the topics I know that are of interest to many Territorians and members of the Chamber.
MCCA agreed to undertake research into scams. This research will collect information on the extent of consumer fraud and scams in Australia, including the extent of financial loss suffered by consumers. International research indicates that one in 10 may have been a victim of a consumer scam or fraud. If this is true in Australia, then significant amounts of money are leaving the country fraudently. In Queensland alone, police investigations indicated that $7m left that state last year through the Nigerian scam. These are the only figures available on international scam activity, and highlight the need to quantify the extent of the problem. The research approved by the ministerial council will give us some understanding of the size of losses experienced and the damage to consumers and the general community.
Territory consumers are confronted with scams on a regular basis. While the Office of Consumer Affairs receives numerous complaints about scams, it is believed that these numbers do not reflect the true extent of the problem. It is likely that many people choose not to report scams either because they dispose of the material or ignore it or, alternatively, because they have been affected by the scam and are too embarrassed to tell anyone.
In the Territory we have taken a proactive approach to tackling scams. We joined with the Australasian Consumer Fraud Task Force to roll out a four-week media campaign telling people to ‘delete it, destroy it or hang up’. We have also sponsored and contributed to a book released nationally called the Little Black Book of Scams, warning consumers about scams. At the community level, we are also being proactive by providing a presence at community events and shopping centres to give out general information on scams, and regularly warn the community about current scams through the media.
Another outcome of the ministerial council that is likely to be welcomed by many Territorians is the establishment of the Do Not Call register. As a result of the states’ and territories’ push to the Commonwealth government intervention over the problem of unsolicited telemarketing calls, the Commonwealth Minister for Communications, Information Technology and the Arts, Hon Senator Helen Coonan, released a discussion paper late last year regarding the establishment of a Do Not Call register. Initially, it appears that the federal agencies were unaware of the extent of the nuisance telemarketing calls, while state and territory fair trading officers were being bombarded with complaints.
The Commonwealth has since announced that they would establish a Do Not Call register by the end of 2007 with a commitment of $33m - $17m from the Commonwealth government and $15.9m from the telemarketing industry. Telemarketers will be prohited by legislation from contacting any phone number listed on the register. Penalties will apply to telemarketers who fail to comply. Consumers will be able to enter their phone numbers on the register at no cost. Unfortunately, small business will not be able to register as the scheme is proposed for restriction to individuals. Exemptions will be provided for the following groups: charities, registered political parties, independent members of parliament and candidates, religious organisations, educational institutions where a call is made to a student or alumni, and government bodies.
As its name suggests, the Office of Consumer and Business Affairs is also charged with managing business registrations and compliance. To streamline the process and improve records management, Cabinet recently approved the purchase of a new improved computerised online register and compliance system. The new system will replace the 13 systems, many of them small, stand-alone manual systems. The licensing and regulatory systems to be supported by the single CABA system include: Incorporated Associations; Business Names; Travel Agents (four categories of license); Motor Vehicle Traders, both dealer and manager; Second Hand Dealers; Pawnbrokers; Commercial/Private Agents, including private bailiffs and inquiry agents; Process Servers and Commercial Agents; Real Estate Agents; Business Agents; Conveyancing Agents; Registered Agents; Auctioneer Licensees, and Trade Measurements.
The acquisition is in line with our government’s Economic Development Strategy by providing a state-of-the-art online government service. The online Register and Compliance System provides a single corporate database for Consumer and Business Affairs and the Territory Business Centre, creating efficiencies in interagency data transfer and access to statistical information.
We expect that the new system will result in greater customer satisfaction with enhanced accessibility through the Internet and reduction in duplicated effort.
The Business Affairs Unit is busily overseeing the implementation of the new Associations Act, now in operation for just over two years. The act aims to promote the self-regulation of associations and to require improved standards of governance and accountability. There are thousands of associations and incorporated bodies around the Northern Territory, and they form an important part of our social fabric, including our local sporting and recreation clubs. The volunteer or not for profit sector is vitally important to the Northern Territory. These organisations are involved in all sorts of activities and service to Territorians, including the delivery of a large number of government services.
The improved awareness of governance and accountability standards has seen association members taking a closer interest in the self-regulation of their associations. Open, transparent and accountable management of these organisations is vital to sustainability and better governance.
To support the improvement of the management of associations, training has been provided throughout the Territory for association management committees and members. In excess of 2000 people have availed themselves of more than 160 courses that have been on offer over the past two years. This positive response has been encouraging. The courses have ranged from an overview of the legislation to upgrading the constitution, minute taking, strategic planning, finance and budgeting, and more. With nearly all clubs and associations reviewing their constitutions and structures in accordance with the new act, an unprecedented 8000 calls were taken by Business Affairs last year. This is a very significant consultation or inquiry rate for the 1700 incorporated associations in the Territory.
Before any business may be carried on in the Northern Territory under a business name, the name must be registered under the Business Names Act. Charges for business names, applications and renewals were ceased by the previous CLP government in the run-up to the 1997 election. At that time, the charge for registration of a business name was $85, and renewals were $55. Currently, the Northern Territory is the only jurisdiction in Australia that does not charge an application or renewal fee for business names.
Free registration in the Northern Territory has resulted in a disproportionate number of registered business names, standing currently at approximately 20 000, by enabling people, including from elsewhere in Australia, to squat on business names in order to gain domain names, or otherwise unfairly restrict the use of a business name. This has become an additional cost to the Territory. In other jurisdictions, charges provide a natural filter for squatting. The lack of protection of business or trading names under which a trader operates has been a concern to the industry. Charges in other states, which some regard as a fee for service, range from $85 to $212.50 for business name applications, with an average charge of $124.55. Charges for business name renewals average $103.07.
From July 1, 2006 the Northern Territory will charge application fees of $60 for three years, that is, $20 per year, and renewal fees of $50 for three years, which equates to $16.66 for each year. These will be the lowest charges in Australia and we continue to back Territory business. The reintroduction of fees for business name applications and renewals will heighten awareness of the protection benefits for business, particularly through the reduction of squatter activity. Fees for registering a business name are not unreasonable as traders and businesses derive protection from their business identity. Furthermore, consumers through the business name registration process have a knowledge and certainty of who they are dealing with. From a business perspective, this will add value to their business name. From a consumer perspective, this reintroduction of fees will weed out the squatters and enhance the certainty of with whom consumers are dealing.
The Agents Licensing Act provides for the licensing and regulation of the real estate, business broking and conveyancing industries. While this legislation has being amended in various parts on numerous occasions, a comprehensive review of the act has not occurred since 1990. However, since that time there have been significant industry developments such as Internet marketing of properties and cross-border property trading. In addition, modern accounting practices and procedures have rendered some of the provisions to be redundant.
A review of the act is about to commence. New legislation will aim to:
represent best practice in terms of structure and ease of understanding compliance requirements for those administering and those regulated by the legislation;
represent best practice in respect to its content, and that is the degree to which agents are regulated and how they are regulated;
have a reasonable degree of acceptance from the occupations affected by it; and
be able to justify in terms of competition impact and principles, that is legislative contents can be justified as being in the public good in the sense that the benefits outweigh the negative effects and costs of regulation.
In undertaking this review, the Office of Consumer and Business Affairs will work with consumers and traders to deliver a more contemporary and stronger agents licensing system.
Mr Acting Speaker, in summary, the Office of Consumer and Business Affairs, is actively working with traders and consumers across the Northern Territory as its record demonstrates. I sincerely thank the hard-working staff for their efforts and service to Territorians. In a number of ways the Territory is leading the nation in consumer issues and we should be proud of our achievements in supporting a balanced platform for consumers and traders.
Mr Acting Deputy Speaker, I move that the Assembly take note of this statement.
Ms CARNEY (Opposition Leader): Mr Acting Deputy Speaker, I propose to be relatively brief. Minister, I thank you for this statement which appeared to be done some time ago, given its references to Madam Speaker. There is clearly some good stuff in this statement, not surprising given the area. I would like to concentrate on a couple of issues to put on the record, some additional information that was missing from the minister’s statement.
In relation to the Do Not Call register, I understand that the only representation you made personally to Senator Helen Coonan, the federal minister, was one letter you wrote in 2005, which was in your capacity as chair of the ministerial council but not, in fact, in your capacity as a Northern Territory government minister representing Territorians in that sense. There was, I thought, a suggestion in the statement of, ‘Thank God for you because you have produced the Do Not Call register’, and I thought it appropriate it to put the other side of the ledger on the record.
For my own part, I am not entirely satisfied on the basis of what I know about the Do Not Call register, that it is going to be all it is cracked up to be. Members who enjoy reading the Weekend Australian when they can might remember an article several weeks ago about the difference between what the intention was and what might be the reality. I, for my own part will urge the federal government to ensure that the Do Not Call register is as comprehensive as it is being represented to be.
In relation to the minister’s comments about the Northern Territory Office of Consumer and Business Affairs being ‘bombarded’, and that was the word in the statement, we simply make the point that we wonder why it was that the minister or this government did not bother to make a submission to Senator Coonan’s discussion paper about the Do Not Call register. We have seen in the way that statements are delivered in this Assembly that Labor enjoys creating the illusion that they have done all these wonderful things, however, scratch below the surface and you find out that in fact that is often not the case.
The obvious issue to put on the Parliamentary Record in relation to this statement is the reintroduction of fees to small businesses. Frankly, the minister’s explanation in his statement was less than satisfactory. The expression that people were ‘squatting’ on a business name - and there are 20 000 registered in the Territory - I do not think it necessarily requires this government being the first from 1997 to introduce fees and charges. I do not think the argument is well made. I note the justification, or defence if you like, from the Attorney-General that these fees will be the cheapest in the country. The fact is that for the first time since 1997 fees will be charged. I do not think that is encouraging for small business owners.
We estimate that the government is likely to receive an extra $1m a year in revenue from business name renewal and fees alone. Given that this government is the highest taxing government the Northern Territory has ever seen and that this government has received well over $750m extra from the anticipated revenue it was going to receive from 2001, I do not think the case is well made.
We will communicate with business owners and we will tell them that this government - which is calling itself, and has called itself, business friendly – has slugged them. Not only is this government taxing Territorians at a rate higher than ever before – I think this government takes something in the order of $350m or thereabouts in taxes and charges from Territorians; the highest ever. This is hidden away in a statement that the Minister for Justice and Attorney-General has delivered.
We have had three days of parliament and the Business minister, to the best of my knowledge, has not made any reference whatsoever to this. He is a man who, in my view, is far from honourable but that is neither here nor there. However, he is a bloke who stands up in this parliament; yells and screams, puts himself about a bit and says that he cares about business. We have the obligation and responsibility to tell business owners exactly what he and his mates in government have done.
It beggars belief that with all of the GST revenue and given that this government is the highest taxing government Territorians has ever seen that they would dare to slug a fee on hard-working Territorians. The minister for Business made a statement earlier today, a business-related statement, declaring in a sense his undying love for those in business and yet he did not even have the courage to say: ‘And by the way love you all though I do, me and my mates have just slugged you something in the vicinity of $1m a year’.
Ms Lawrie: Should hear what they say about you, Jodeen.
Ms CARNEY: What the member for Karama knows about business could be written on the end of a match. Whilst I appreciate some of the initiatives …
Mr Stirling: Less than 50 cents a week.
Ms CARNEY: … although many of them are not those …
Mr Stirling: 50 cents a week.
Ms CARNEY: … of the Attorney-General. Mr Acting Speaker, I am used to the member for Nhulunbuy yelling and screaming but I do ask that he – I can yell too. I am happy to; I think I have a reasonably good voice …
Mr Stirling: Please do not.
Ms CARNEY: … but I do ask that …
Mr Stirling: I will be quiet if you do not go on.
Ms CARNEY: … Mr Acting Deputy Speaker, you do the decent thing.
Mr ACTING DEPUTY SPEAKER: Yes, Leader of the Opposition. I ask members at this late stage in the week to allow the Leader of the Opposition to finish so we can move on. Thank you.
Ms CARNEY: Thank you, Mr Acting Deputy …
Ms Lawrie: You should direct your remarks through the Chair, then.
Ms CARNEY: Mr Acting Deputy Speaker, could you do what you are meant to do?
Mr ACTING DEPUTY SPEAKER: No, that was not a relevant interjection, so let us continue, Leader of the Opposition.
Ms CARNEY: I should ask for a microphone to hang here. Are we all settled, children?
Mr Acting Deputy Speaker, they are the issues I wanted to get onto the Parliamentary Record. However, when the member for Nhulunbuy was muttering away, rising to a bit of a yell, I was reminded of what happened in Question Time today. He gets very precious when other people raise their voices, but that is usually for good reason. It is a mystery to all of us. We do wish him well in his retirement. We hope that will be sooner rather than later because, as Treasurer, he can do all Territorians a favour and get back to whatever it was he did before entering politics.
With those comments, Mr Acting Deputy Speaker, I will conclude. I am sure all Labor members have been completely riveted by them.
Ms ANDERSON (Macdonnell): Mr Acting Deputy Speaker, I support the statement on Consumer Affairs by the Minister for Justice and Attorney-General. I congratulate the minister and officials from Consumer Affairs and the Department of Justice for the progress that they have made in protecting the rights of all Territory consumers.
I know the progress because, in my previous role of ATSIC Regional Council and Commissioner, I was involved in the formation of a liaison group to consider what could be done about a range of problems being experienced by indigenous consumers. The liaison group was initiated by Central Remote Regional Council who hosted a visit to remote community stores in Central Australia by ACCC’s David Cousens. The group saw firsthand some of the problems experienced by local communities, including the lack of price marking of goods and stores closing without warning - sometimes for several days. Often, these stores were the sole source of supplies for communities and their unexpected temporary closure caused hardship, as well as food being sold past the use-by-dates, stores acting as unofficial financial institutions through the use of book-up and holding customer’s key cards and PIN numbers, and an apparent lack of awareness by store operators and staff of basic laws such as the Trade Practices Act, and state and territories fair trading acts.
Outcomes from this visit included the development of an MOU between ATSIC, ATSIS and ACCC. Through ATSIS’ research into the book-ups, there was the development of a store charter by ACCC - a voluntary code of practice for remote community stores. The first Indigenous Community Protection Conference was held in Alice Springs in 2002. A key outcome from this conference was developing strategies for closer cooperation between Commonwealth and state consumer agencies, and between these agencies and the indigenous agencies. As Professor Fels said in his opening speech: ‘Cooperation is needed in the enforcement of consumer laws as well as consumer education’, and that, to date, efforts of agencies had been ‘piecemeal and relatively ineffective’.
From these small beginnings, the issues of indigenous consumer protection, consumer education, banking and financial literacy were acknowledged. On the agenda of all agencies regulating this area, a working party was formed, chaired by the NT, to develop the National Indigenous Consumer Strategy which was launched in September last year.
I am particularly pleased to hear the minister’s announcement of the development of the mandatory Code of Practice under the Consumer Affairs and Fair Trading Act to regulate book-up. Book-up involves the trader offering a small amount of short-term credit that is usually secured by the consumer leaving their debit card and PIN number with the trader, or having their social security cheques posted care of the store. It is common in rural and remote Australia, and the consumers are mainly indigenous Australians. When it is properly administered, book-up can offer consumers benefits; in particular access to credit when other sources are not available. However, the way the book-up is operated by some traders results in a range of problems and instances of exploitation including: consumers being tied to one retailer for all of their purchases; a lack of transparency and poor record keeping with mistakes made in the trader’s favour; in exceptional cases fraud or theft; hidden or additional costs; excessive credit may be advanced leading to a spiral of debt; consumers have no or limited access to their funds especially when stores are closed; consumers have no opportunity to learn and practice electronic banking and money management skills; and consumers expose themselves to greater liability if any unauthorised transaction is made on their account.
Regulating book-up through a mandatory code will retain the benefits to consumers and hold unscrupulous traders to account. And, like the minister, I hope the practices of traders holding consumers’ key cards and PIN numbers, with overdrawing money from consumers’ accounts without their knowledge or consent will be regulated to history.
I commend the support of the NT Chamber of Commerce for a mandatory code; this reflects well on Territory business practices.
The Office of Consumer Affairs Northern Territory, South Australia and ASIC also deserve commendation for the work they have done with banks to write-off a number of personal loans provided to indigenous people by an interstate loans broker. I personally know of one indigenous woman who was caught up in the scheme. A profoundly deaf indigenous single mother of two was signed up for a loan; the repayments consumed two-thirds of her welfare income, and would have done for a period of seven years. To add insult to injury, the loan was for a car that this young mother could not drive as she did not have a licence and would never have been able to learn to drive because deaf people have difficulties with driving manual cars being unable to hear the gears change. The hardship and stress caused to this young woman and her two babies was enormous. I am very grateful for the interventions of Leigh Shacklady, the financial counsellor at Tangentyere Council, and officers of Consumer Affairs Northern Territory and South Australia and ASIC who have worked hard to have these debts written off.
I welcome the minister’s report on the activity of Consumer Affairs officers being out and about at shopping centres and markets, providing consumers with opportunities to discuss their concerns or seek advice, as it is well recognised that some consumers are more disadvantaged than others in their levels of consumer education. Some consumers may have limited access to educational resources because of low income and poor provisions of public services. Some may suffer from disabilities, and language differences may restrict access to consumer education where this is only available in English. People of different cultural backgrounds, including indigenous people, are disadvantaged when education is not available to them in ways that build on their existing understanding. Our Consumer Affairs officers recognise that these disadvantages exist, and are not waiting for consumer complaints to drive their actions but are adopting more direct ways of identifying the problems that exist. I commend officers for their approach and urge them to visit even more remote communities to build on the good work of the Michael Long campaign.
I am also very pleased about the Money Stuff educational resource program that has been developed by Consumer Affairs in partnership with the Department of Employment, Education and Training. As the minister said, young people do need to develop the necessary financial literacy skills at an early age to enable them to move through life as independent, informed consumers – a view that is supported by Professor Fels and I quote:
Developing financial literacy skills is particularly important on remote communities. For many Aboriginal people, high levels of financial illiteracy means much of what is involved in consumer transactions and promotions is simply not understood. I look forward to a roll out Money Stuff in all schools and, echoing the words of the Chief Minister yesterday, I would like to see such a program also run for adult indigenous people on remote communities.
Mr Acting Speaker, at the beginning of the speech, I congratulated the minister and his department for the progress in consumer protection in the Northern Territory. The Northern Territory is leading the way in consumer protection with the development of a mandatory code for book-up, its membership of the National Indigenous Consumer Strategy Reference Group and the commissioner’s chairing of the National Indigenous Money Management Group. This is a very different situation to one that existed before the historic win by the Martin Labor government in 2001, when the reputation of the Northern Territory was not so good amongst their state and federal consumer protection agencies. I commend the minister and all officers of this department for their hard work on behalf of all Territorians.
Mr WARREN (Goyder): Mr Acting Deputy Speaker, I thank the minister for this important statement. He gave a very good update of what the current state of play is in the Territory and particularly what this government is up to, and I commend him for that. In fact, he is another minister who is clearly in touch with the issues of his department and is on top of those issues. Thank you, minister, for that very enlightening speech.
I want to expand on some of the points that you raised in that speech. Underpinning this whole thing is the climate of fair and just rights of Territorians, be they consumers or traders. That is the underlying element that came through the minister’s speech and that is the behind-the-scenes element of what I am talking about tonight. It is about fairness and justice for all. Let us not forget that that is a basic Labor principle. This is a very good element of a basic Labor government and what the minister has expanded on is about what I joined the Labor Party for, and became part of this government. Thank you, minister, for that.
Let us get on to some specifics and talk about book-up. Book-up is a fact of life for many Territorians particularly those in indigenous communities. If it was not for book-up life just would not go on. The minister has acknowledged that element and to say that we should throw it out and move away from it is just not the way to go. It is there, we need to do something about it but it is not just the indigenous Territorians who rely on book-up; it is a fact of life right across the Territory. There are many less advantaged Territorians who rely on book-up and let us not forget that. Of course it is important to indigenous communities but there are people in urban areas, both indigenous and non-indigenous, there are people in my electorate in the rural area who rely on book-up. The whole concept that the minister has talked about in respect of that not just encompasses indigenous Territorians but also Territorians of all cultural backgrounds. The big difference, I guess, is that on indigenous communities unscrupulous traders think it is okay to take advantage of indigenous Territorians. That is the big difference and that is why it is so important that we address the issues on indigenous communities.
I fail to understand that concept but I do know that there are people out there who actually do this and it upsets me that people who call themselves Territorians could do this to other Territorians on the basis of race. That has not been raised here but I want to raise it.
On the other side of the coin we have the community-based stores. They are out there struggling to stay viable with mounting creditor debt. There are those stores which are doing the right thing, although, the converse side of it is that, not through any fault of their own, they are getting into a situation where they are becoming less and less viable. The fact that the minister has undertaken to tackle this necessary element for some people’s lives is a big challenge but it is the right thing to do.
Quite rightly, it needs to operate under a mandatory code of practice. I cannot think of any other way it could operate and that is the important element of it. It is not about throwing the whole process out. It is about operating in a regulatory regime and a mandatory code of practice is the only way to go.
I also commend the minister for discussing how he and his department have approached it in an open government process. It is what we engage in, in this Labor government - extensive consultation with both traders and consumers to ensure that this code will work. I am looking forward to the outcome of that and to the minister updating us further on book-up.
Another area that the minister raised was the area of bank loans and how disadvantaged, poorly educated, or inarticulate Territorians are being targeted, especially the less regulated third party lenders and brokers. This is an area that needs to be addressed. I commend the minister for tackling it and also telling us what the banks are doing. The banks are doing a lot to ensure that their loans through third parties are being conducted responsibly. That is good action and good engagement with this government and the banks. The banks are required - as a matter of interest - to have these loans written off. As the minister explained, there are around 60 Territorians who have had their loans either written off or are under review. That is a pretty poor indictment of the process that is going on. I commend the minister for tacking it head-on and engaging the banking community.
The minister talked about infringement notices from 1 September 2006. That will bring some sensibility back into the whole regulatory process for non-major breaches of the consumer laws, and I guess that mainly is motor vehicles, real estate and door-to-door sales people and traders. Taking that away from the courts, putting it into the more realistic infringement area is a good way to approach it. This is a measured approach to protect consumer rights while trying to modify trader behaviour. That is the right way to go.
The minister talked about youth and financial consumer literacy. That is a big area. Our youth are very vulnerable in this area and youth debt unfortunately is at record levels, particularly in this day and age with mobile phones, first car purchases, even when they leave home and rent their first unit. My daughter has been though all that and I know the problems with that. One of the things that the minister did not raise, but many of us as parents can relate to, is that often this debt is passed onto the parents. It is not through any fault of the children but they have nowhere else to turn. Some of the parents are getting on towards retirement and are suddenly having to take on extra large debts that they did not envisage. That is putting extra stress on the family situation which is not a good situation either.
What the minister has talked about is consumer education being a life skill. He broached the subject of money skills in schools, which is a joint initiative between the Education Department and Consumer Affairs. Departments are interacting for positive outcomes. He said during Question Time that this is being trialled in five schools, and involves challenges, quizzes and fact sheets. I am looking forward to the results of that because it is a way to engage the students. This government is serious and wants to educate young consumers on debt, and make sure we eradicate that element of their lives.
I want to also broach another area. I am not sure whether the minister is aware but I will advise him right now about the participation program at Taminmin High School, and that came about through my involvement in the school council. Taminmin High School is very conscious of this serious problem and they are now using the 2006 Australian Financial Literacy Assessment model to target Years 9 and 10 at the school, to get feedback on the financial literacy awareness of these kids so that the school can initiate programs to raise their financial management skills. The 2006 Australian Financial Literacy Assessment model is an initiative of the Commonwealth Bank Foundation and has been developed and delivered by Educational Assessment Australia, a wing of the University of New South Wales. There are schools out there also taking on that same concept. I am sure that has come about because of what the minister for Education has done as well. It is great news about cooperative work between departments and between ministers, something that we on this side of the House cherish.
Last month, the minister appointed the new Consumer Affairs Council, and I am pleased to see that a youth strategy is a key focus of the council. The key elements coming from the council’s own consultation process was the need to raise financial and consumer literacy levels amongst our youth. Again, there are more elements of cooperative work to address those particular areas which are relevant to consumer affairs and fair trading, particularly regarding to youth.
The minister talked about tenancy dispute resolution too. The areas go on an on, but the minister raised all those areas because he is on top of this issue. Tenancy disputes are now moving out of the courts and being dealt with under the Residential Tenancies Act. It is all about fairness for both tenants and landlords instead of letting poorly understood guidelines take precedence. In cases of conflict, it is about trying to work through the issues under the guidelines of the Commissioner of Tenancies. Again, it is about taking it away from the courts; it is about trying to work in a more sensible way to deal with the issue.
The minister talked about how the Office of Consumer Affairs was out and about. That is great because that is what we need to do as good government; we need to get out there and tell people about what we do. People come into my office all the time wanting to know these things but, if you have a department also out there telling people in the public arena at markets, retail and business outlets, we can get that message across. Of course, they are also dealing with these retail and business outlets, concentrating on the emerging issues of public concern, particularly scams, warranties and tenancy issues. These are the three main ones that keep coming up time and time again, but the minister and his department are tackling it at various levels.
The minister pointed out that one in 10 consumers are victims of a scam or fraud. That is pretty frightening. That means that each and every one of us here probably, at different times, has been caught up in it. Some of us might not be aware of it, but it is out there. This government has initiated a process to counteract that scam - that is good news - working with Australasian Consumer Fraud Task Force in sponsoring that Little Black Book of Scams. I like the title ‘black book’ because that is what scams are; they are black and they are nasty. But this book …
Ms Scrymgour: Oh, that is not nice.
Mr WARREN: My apologies. It is euphemistically spoken.
Ms Scrymgour: We even get it on our side.
Mr WARREN: It is a good book. We could have called it the little red book, but ‘black’ as in sinister black, not in beautiful black.
Ms Scrymgour: I would quit while I was ahead.
Mr WARREN: Anyway, the book is about telling consumers out there how to deal with these issues in the same way as the road shows and stalls they have. It is also about informing Territorians.
I am also pleased to hear that they are working with the federal government in establishing a Do Not Call register by the end of 2007. This is a great initiative to try to limit intrusion into our lives by telemarketers. Let us all be quite frank about that; none of us like those people ringing us. They all seem to ring up at time when you are watching the football, or you have some visitors …
Mr Vatskalis: At dinner.
Mr WARREN: … or dinner. That is the classic dinner trick because they know you are there. For people to be able to register as a free service is the way to go. It is all about working for Territorians.
Finally, just to raise a point on the minister reviewing the Agents Licensing Act. The Agents Licensing Act provides licensing regulation in relation to real estate, business brokering and conveyancing industries. It has been amended many times and has probably reached a point where it really is not workable. The previous government sat on its heels for a long time. It was not reviewed. It has not been reviewed since 1990. We are now into the process of ensuring that that review takes place - a proper review to ensure that best practice of structure and ease of understanding is part of the whole principle, as well as the practice of regulations of agents. I commend the minister for that.
I cannot finish without mentioning the very poor input into this debate by the Leader of the Opposition. She only raised two issues and, quite honestly, they were very flawed. The first one was regarding the Do Not Call register. This is not a panacea for all the ills of consumer rights, but part of an overall approach that we are taking, which the minister has expanded on. It is an across the board approach on consumer rights. I am sorry that the Leader of the Opposition did not take note of that, or the fact that we were more prepared to engage with the federal department on these issues.
The Leader of the Opposition clearly did not listen to the minister’s reason for introducing the business name changes. These are for potential businesses to give them a chance to give their business an appropriate and relevant name, without having to pay some unscrupulous or opportunist third party some exorbitant price just to be able to get a name that is relevant to their business. It is about giving Territory businesses a fair go. It is really disappointing, that this is the only part of the debate that the Leader of the Opposition can give to this whole issue, but maybe, just maybe, that shows the value and the calibre of the debate given by the minister. I commend the minister for his very important speech to the House.
Dr TOYNE (Justice and Attorney-General): Mr Acting Deputy Speaker, I thank all members for their contribution to what is a very important topic for the House. There is no doubt that the Northern Territory has come from the dark ages in terms of consumer affairs, where we had a toothless consumer affairs process and the previous government barely painted it lip service. That was reflected in very bad outcomes, not only for consumers, but also for the business community in the Northern Territory. One thing you increasingly realise about Consumer Affairs is that it benefits business as much as it benefits the consumers, because it gives certainty and it gives fairness to the relationship between the two. That is generally, in the long run, much better conditions for business to prosper in as well as the consumers knowing that there is a fair environment to consume.
I will quickly deal with the two matters raised by the Leader of the Opposition. In putting to me ‘How many letters did you write to Helen Coonan?’, she totally misunderstands the actual process. The process was carried through the Ministerial Council for Consumer Affairs, of which I was the chair at the time that this item came through. The reason it was in that forum is that there is absolutely no point in trying to establish a Do Not Call register unless it is going across the whole of the country, because most of the telemarketing is done on a national basis, not by jurisdiction by jurisdiction. So the whole point is that you get all the governments to line up on it.
The Commonwealth government has to lead, because it has to put into place a national scheme. What then happens is that the steps of setting up such a scheme is mediated through the national forum, quite properly, where all ministers, including the federal minister, work out, step by step, with the help of the officers from our various Consumer Affairs sections of government, as to the best way of establishing that scheme. Normally, there are contributions made from around the country. In this case, the Commonwealth government is putting up the scheme and paying for it, as I related in the statement. This is a very normal process for this to go through, so for me to be chastised for not personally sending letters to the federal minister, I believe the Leader of the Opposition needs to find out how these national forums work.
I can assure the Leader of the Opposition that we were not hiding the business name charges, in fact, it would be a pretty silly way to hide it, seeing I put out a media statement and had several media interviews about this very topic. It is a strange way of hiding the fact from the public and the opposition for me to talk about it in the media. There is no doubt: I went out and fully explained that change. The changes, as the member for Goyder reiterated and as we said in the statement, are very much aimed at removing scams and the wrongful use of the registration process and to give a fairer playing field for businesses which want to register a name and trade under it.
The amount of money we will collect from these charges will not be as much as the amount of money it requires to register the scheme. There is no nett profit to government by bringing in these charges; the charges are brought in for quite another reason. They are brought into make it harder for people to register multiple names and then to make wrongful profits from the on-selling those names to other people. We have had very clear cases of those scams being visited through the Territory scheme and we were becoming a bit of a target nationally for unscrupulous people who wanted to profit in that manner.
I close my debate in reply by paying tribute to Richard O’Sullivan and his fantastic staff at Consumer Affairs. Consumer Affairs is a part of government which performs way above the average of what you would expect for the number of staff there. They cover an enormous range of things and you will see their activities throughout the Territory as I reported. They do a fantastic job and I commend them. Thanks to members and I will leave it at that.
Motion agreed to; statement noted.
Dr TOYNE (Justice and Attorney-General): Mr Acting Deputy Speaker, I move that the Assembly do now adjourn.
Mr VATSKALIS (Casuarina): Mr Acting Deputy Speaker, in the past few weeks a number of ethnic communities celebrated some important events, and I was very pleased to attend some of them: Timor-Leste National Day, Portugal’s National Day, Philippines National Day and, of course, there are many to come. One of them, next weekend, is India at Mindil.
Last weekend, Darwin once again celebrated the Greek Glenti. This was the 18th Glenti to be held in the city. The word ‘Glenti’ is translated as a celebration or a feast, and you have a Glenti to celebrate a joyful day such as a wedding, a christening, or a name day. The Greek community organised the Glenti to celebrate our community and to get together to enjoy the hospitality and culture of the Greek community, eating Greek cuisine delicacies, drinking wine and beer, and to dance to Greek music.
Many times in this Chamber we have heard about histories of the people in ethnic communities who make up the Territory, and who have contributed to the Territory. I take this opportunity to talk about the Greek community in the Territory.
The first Greek presence recorded in the Northern Territory was Manuel Kangris, a cook on George Goyder’s survey vessel, the Moonta, which arrived in Bynoe Harbour on 5 February 1869. At the same time, other Greeks arrived in Darwin, such as Angelos Sakellarios and B Foulis, as well as Antonios Gemenis, a Kastelorizian sailor, who operated a trepang lugger from Semarai in New Guinea. That was the first recorded presence of Greeks in the 19th century.
A larger number of Greek migrants started arriving in Darwin as early as 1910. Some of them were Alexandros Harmanis, Kyriakos Kailis, George Margaritis and Elefterios George Haritos. Other Greeks from Kastelorizo arrived in Darwin mainly to work at the Vestey Abattoirs. Greeks arrived from Queensland when the cane cutting season finished to work at Vesteys and went back to Queensland when they finished their work.
In 1917, the first small Greek community was formed in Darwin. A primitive church was built and the first Greek Orthodox priest, Father Chrysanthos came to Darwin. There were two Greek groups at the same time: one in the ‘Greek town’ near the port and one in Salonika on the rail link to the meatworks. The name Salonika is still familiar to many Darwin people.
Elefterios George Haritos started the salt works in 1919 with three other Greeks, John Sfakinakis, Dick Colivas and George Harmanis. The salt works provided salt for the meatworks as well as the Darwin people and pastoral stations outside of Darwin. It is alleged that between 1914 and 1919 more than 1400 Greeks had arrived in Darwin. By 1919, there were about 300, and in the 1920s, when Vesteys closed, only 76 Greeks remained in Darwin. Some of the Greeks left Darwin and went to Queensland where they established a small community in Roma. Others went to Perth where there was already established a Kastelorizian community.
Despite the fact that the Darwin community respected the Greeks, events on the other side of the planet caused a mini-war between the Greeks and British Australian workers. In November 1916, in the middle of World War I, following the treatment of British troops in Athens by the ‘neutral’ government of Athens which was led by the pro-German King Constantine I, brawls erupted in the streets of Darwin. Fortunately, these brawls did not last long especially when the Greeks indicated that they were anti-royal and pro-alliance. When the Vestey’s abattoirs finally closed in the 1920s, some Greeks diversified their activities and became involved in the construction industry becoming - what else? - builders.. When things got really tough in Darwin in the depression, one of the Greek builders in Darwin, Mr Kafkaloudis, built his own small Greek-style boat, a caique, loaded his family and his belongings and went to Perth – 5000 miles away.
The present large Greek community of Darwin, consisting mainly of Kalymnians, had its origins in Broome and the pearling industry in the north of Western Australia. However, the pearls did not bring the Kalymnians only to Darwin; a number of Greeks were involved in the early 1920s in the pearling industry in Cossack, Roebourne, Port Hedland and Broome. The fishing for pearl oysters started in the 1850s in the Shark Bay region of Western Australia but soon moved up to Karratha and Cossack.
When the pearl fields in the area were exhausted the pearlers moved further north. The new pearling port was Port Hedland and it was here that the first serious Greek connection with the pearling industry eventuated. A Greek, Mr Antonias Julian, who jumped ship in Albany in Western Australia in March 1870, was the first Greek ever to go north to Cossack where he worked as a pearler.
Theodosis Michael Paspaley, a tobacco merchant from Kastelorizo arrived with his family in Port Hedland in 1919. He established a grocery shop and bought a share in a pearl lugger. Unfortunately, Theodosis died five years later but his sons, Michael and Nicholas, and his daughter, Mary, continued their father’s interest in pearling. A number of other Greeks were also involved with the pearling industry in Port Hedland, in Broome and northern Western Australia. George Marinos and George Thomas worked in Port Hedland, Jack Koutsoukis and Michael Canaris worked in Broome and John Theoharis, who was called King John by the local Aborigines, was based on Thursday Island.
Pearling in the north of Western Australia was a profitable business from the middle of the 19th century. However, after World War II the industry was struggling to gain its lost markets. In addition, the Australian government was mistrustful of the Japanese divers who, until then, comprised the majority of divers. While these events were happening in Australia, on the other side of the world in the Aegean Sea, a small Greek island was suffering a major economic depression. That was Kalymnos. The Kalymnians for many centuries were diving for sponges and in Greece if you mentioned the words ‘sponge divers’ the answer was always ‘Kalymnians’.
World War II saw the closure of the north African coast and the sponge industry was virtually dead for five or six years. Libya closed its coast in the early 1950s. Also in the 1950s the first synthetic sponges started to appear in the market and the market was soon flooded with the cheaper man-made sponges. The island of Kalymnos sank into economic depression. Hundreds of young men lost their jobs and they were desperate to leave the island seeking a better future. Meanwhile, the Australian government was looking to find suitable alternatives for the Japanese divers in the pearling industry in the north of the country.
The fear of the yellow peril together with the policy of the day – the ‘White Australia’ policy - ensured that no Asian islanders or other Asian divers were brought in to replace the Japanese. In Sydney, members of the Kalymnian Brotherhood heard the news about the divers and immediately approached the Australian government with a proposal to bring Greek divers from Kalymnos to be employed in the pearling industry. The Australian authorities could not believe their luck. The proposed migrants were white, they were Europeans, experienced divers, and there was a strong Greek community in Australia. They were hard-working, peace-loving people who had integrated well into Australian society.
In Broome, the capital of the pearling industry, pearl lugger operators, some of them Greek, were asked by Australian government officials what they thought of the idea. George Haritos, a pearl lugger owner, recalls:
Following the death of Mihalis Hondroyiannis in Broome, the first Greek divers decided to leave. They broke their contract and, by coincidence, at that time the Australian government once again decided to prop up Darwin - now an important defence force outpost in the North of Australia. The government decided to boost our population and they needed more houses. The Kalymnians were not only experienced divers but also experienced builders since six months of the year, when there was no sponge diving, they were involved in housing construction on their island. The first group of Kalymnians came to Darwin and joined other Kalymnians who had abandoned pearl diving and were already working in the building industry.
The involvement of the Kalymnian migrants in the construction industry started gradually. A few Greek builders had already been involved with housing construction in Darwin. Most of them could not speak or write English, but their skill compensated for their lack of literacy skills. It was through these Greeks that the Kalymnians found employment in the construction industry, and soon moved from being simple workers to supervisors and, soon afterwards, to construction teams. In a few years time, the Greeks were controlling most of the building trade in Darwin and the Territory since a number of Greek builders built government offices, police stations and houses in Aboriginal communities throughout the Territory.
When the depression of the 1970s arrived, many building businesses, owned mainly by Anglo-Saxons, folded in Darwin. The Greeks were able to survive by cutting costs, working together, and working longer hours with minimal profit. The competition between the Greeks and the other builders created some animosity, and it was the beginning of some tension between the Greeks and the Anglo-Saxon community in Darwin. This tension led to open racism following the tragedy of Cyclone Tracy. It must be pointed out that only a minority of Darwin residents exhibited hostility and racism towards the Greeks. The majority supported the Greek community and soon that sad interval ended.
Christmas morning 1974 came and Darwin did not exist as a functioning city: 95% of the houses had been damaged; 64 people were dead and numerous others injured, and the city was evacuated. There was no running water or electricity. The roads were obstructed by damaged cars, parts of houses, and household items. There was no communication with the rest of Australia. That was a hard time for the Greek community in Darwin. They had never before witnessed such a catastrophe and, as is natural in these circumstances, the Greeks turned to their own group trying to find comfort and relief. Most of the Greek people had lost houses and personal property but, fortunately, there were no casualties amongst the members of the community.
During this period, the minority of Darwin people expressed openly their racist feelings against the Greeks because of the misconception that the Greeks had only helped themselves. In addition, Greek builders took some of the blame for the destruction of the houses during the cyclone. The fact that the government building branch was supposed to advise, check and approve buildings was forgotten. It was always easier to find a scapegoat. However, everything was forgotten when the Greeks started coming back and, with the rest of Darwin people, reconstructed the city. The Greek community had strong feelings about the revival of the city since they had invested heavily in Darwin. They had nowhere else to go and, after all, here was home.
There has been a Greek presence in the Territory for more than 100 years now. From the Greek migrants early in the 20th century who worked at the Vestey’s abattoirs and resided at the Salonika settlement, to the Kastelorizian pioneers in the 1920s, and the large Kalymnian settlement which started in the 1950s. The Greek community in Darwin has been a vibrant and dynamic community that has gained access to all aspects of Australian life.
Today, there are about 3000 Greek-born Darwin residents but, in total, the Greek origin Territorians exceed 7000 people. Despite the fact that large-scale migration of Greeks to Australia stopped many years ago, in the past few months, for various reasons - mainly jobs - a large number of Kalymnians who had returned to Kalymnos permanently all of sudden appeared again in Darwin. There are strong links between Darwin and Kalymnos. They are sister cities, after all. There is a Kalymnos Drive, Canaris Street, Maria Liveris Drive and Salonika Street in Darwin, but there is also a Darwin Street in Kalymnos. There is also a Darwin Greek Association.
The Greek presence in the Territory is evident by the Greek Church and a Greek School. In Cavenagh Street, the Greek Church was designed and built in the Aegean Island style, with wide verandas all around. Built by islanders, it could not be named anything else but St Nicholas. It is the centre of our religious activities and the famous Easter custom of the dynamites, as you all know.
The Greek Orthodox community of Northern Australia runs the Greek School. The school runs Greek classes for Greek children every Saturday morning. I hear there are about 180 children who learn Greek. The Greek community has managed to acquire a number of traditional Greek costumes which are used by a number of Greek dancing groups consisting of young Greeks, some of them traditional dancers of their country or the country of their parents.
Mostly born and having grown up in Darwin, many of the young Greeks now turn away from traditional Greek professions such as building, trade and shop ownership. We have many university graduates who are lawyers, doctors, teachers and public servants. Some of them are well qualified such as Dr Nik Vrodos, who lives in South Australia and is one of the best neurosurgeons in Australia. Dr John Glynatsis is still here. Others are involved in the banking area. Of course, there are people like Ros, Marilynne and Nicholas Paspalis, John Anictomatos and George Kapetas and, in the media, Nikola Lekias who, for a long time, presented the news on Channel 9.
The vast majority of the young Greeks are bilingual. Most of them speak fluent English and Greek, with a large dose of the Kalymnian dialect. I have found Darwin to be the only city in Australia where modern Greek is spoken openly in the city streets by old and young alike. In addition, many Australian children have picked up a few words that they use in their interaction with the Greek children of the same age.
The Greeks are very patriotic, they feel very strongly about their motherland, or the country of their parents. But, they are very strong Australians and have very strong Australian feelings. Many young Greek children now are joining the Australian Defence Forces. In the past, Greek Australians served in the Defence forces. As a matter of fact, the first Australian person who was killed in World War II was a Greek descent sailor who sailed in the Royal Australian Navy. Even John Anictomatis, the previous Administrator, had served in Vietnam after he was conscripted during the Vietnam War.
The Darwin Greek community of 7000 people is relatively young, still holds strong to its language, customs, tradition of the motherland, proud to be Greeks, and proud to be Territorians and Australian. It is a vibrant, strong community and has contributed and continues to contribute greatly to the cultural and economic development of the Northern Territory. For myself, as a Greek-born Territorian, Greek-born Australian, I am really proud to be a member of the Greek community. I am very proud to be a member of the multicultural community of the Northern Territory and represent all Territorians living in my electorate, irrespective of where they come from. I am very proud to be Greek-born, very proud to be a Greek-born Territorian, I am very proud to be a Greek-born Australian.
Mr ACTING DEPUTY SPEAKER: In preparation for the Estimates Committee on Tuesday, 20 June 2006, I table the Portfolio Budget Statement for the Department of the Legislative Assembly. This statement contains detailed information on the department at output and sub-output level, and financial variations between the financial year 2005-06 and financial year 2006-07.
When the new gas turbine was first installed, the neighbourhood, not only in the golf course estate but also in the Sadadeen area, was affected by this jet turbine whine that went on all day. Following complaints by people in the area, the minister, and Power and Water, were approached to resolve this issue. People were saying that the noise from the turbine was so intense that even glass windows facing the power station vibrated in sync with the noise from the power station. There are people who do shift work who cannot get to sleep through the day because of the noise.
When the turbine was first installed, it was in summer. People wanted to stay outside in the afternoons to enjoy a late afternoon in Alice Springs around a barbecue. They could not do that because of the noise. They would go indoors to try to escape the noise, and they had to shut the whole house up. When you use an evaporative airconditioner in Alice Springs, you do need to have an open window or door to allow the air to circulate and to flow freely to achieve maximum cooling of the house. So people living particularly around the fairway and Range Crescent were severely impacted by the noise.
Power and Water then commissioned a study by a sound expert, who found the noise to be unacceptable and proposed some remedies, such as baffles and blankets for the power generator. It took another three or four months after the installation before the studies were completed. Studies included sound levels and measures to try to dampen the sound. Following the assessment, the minister and Power and Water advised that yes, they had put blankets around the turbine and they will put baffles on - I assume, the chimney - to try to dampen the noise. They were supposed to be done in March of this year and it was not done. In March, he said: ‘We are behind time; we will do it by June this year’. June is here and recently Power and Water circulated a letter to the suburbs that were affected by the noise to advise that they are behind schedule on installation of sound dampening devices and it would now be put off until October.
So each three months, each quarter, we get another deferral for another three months and this keeps on going. People are becoming quite stressed by the noise levels that go on all day, seven days a week. They are getting to a stage where they are suffering health consequences from the noise. Some people are even thinking of selling up and moving somewhere a bit quieter. Obviously, if they did sell now, they are going to suffer some significant loss of the value of their property.
One particular person whose name was printed in the paper, Ms Dubois, has been inconvenienced to such an extent that she has telephoned the minister at night. I know she does. She telephoned Power and Water’s CEO, Kim Wood, to lodge a complaint. Erwin Chlanda reported in today’s Alice Springs News that Kim Wood told Mrs Dubois, and I quote: ‘… could not see why the generator could not be moved’. We have been saying this right from the very beginning when the noise became noticeable and was troublesome. I said every new installation should now be installed at Brewer Estate. We cannot have a jet turbine sitting on a concrete pad in the middle of the suburbs. Imagine having a Boeing 737 blasting away just outside your street, it is just not acceptable. If Mr Wood believes that the generator should be moved, then I suggest to him that he should get things under way as soon as he possibly can to ensure that that happens this year. The sooner the better, so people can go back to their normal lives.
According to the Alice Springs News, they have tried to talk to Power and Water but obviously have not been able to get any direct interview. It is important to reassure the electorate that things are going to happen and it is going to happen in a timely fashion. Ten months has been a long time to wait. Ten months is a long time to have your day’s rest interrupted. Ten months is a long time to have your lifestyle interfered with to such a degree. I bicycle around the areas that are most affected by the noise and I stop and listen to hear what it sounds like. When I cycle up to the power station, in the area adjacent to the turbine, it is quite soft; it was quite a tolerable level. I did not have a sound meter to measure exactly what the noise level was but it was not loud. Even 100 m away on the road surface the noise is not loud. When you go up to the top of the fairway or walk up the drive way of some of the houses at Regis Crescent, which are almost at the same level as the top of the hill that separates the power station from the fairway and Regis Crescent, then you then start to hear the loud hum that comes through.
I am no engineer but what has happened is that the noise is coming from the chimney stack, and because the top of the chimney stack is almost flush with the top of the hill, the noise then comes out of the chimney stack and spreads out. Depending on wind direction as well, the noise can go quite far. In the old East Side, I pick up the noise when I go out to my back yard and you think there is a jet plane about to take off from the airport. You put it out of your mind, but 10 minutes later, while you are still working out in the garden, you think the jet still has not taken off and suddenly you realise that it is the power station that is causing the noise.
There are significant financial and health consequences in this situation and it is important that this is dealt with quickly otherwise I believe the government will be up for significant costs to compensate people as they undertake further action. There was a threat of a class action late last year; that has been put on hold I understand, but it is still always there in the offing if things are not resolved soon.
The other issue that was covered in the Alice Springs News that I have been interested in for a while is the issue of alcohol abuse and misuse, and the associated antisocial behaviour in Alice Springs. The Alice Springs News article was not so much about the antisocial problems there at the moment but more about what the minister for Licensing announced last week. Erwin Chlanda wrote the article titled ‘An Illusion of Doing Something’. I will just read a couple of paragraphs which I thought were quite relevant.
I know one business leader who suggested we should have no more takeaway licences: take them all, buy them back and have only home delivered alcohol. There are issues involved with that but it might be worthwhile for the task force to consider that and seek a submission from the businessman concerned to understand in detail what he meant by his proposal and how he sees it being implemented.
The new dry areas legislation that is going to be passed proposes to make all public places dry. For goodness sake, all public places in Alice Springs are dry already under the 2 km law. Why don’t you enhance or strengthen the 2 km law so that the police have stronger powers to deal with people who break the 2 km law drinking in public places? Without a doubt you will push drinkers into homes where they will continue to consume excessive amounts of alcohol and then, during their drunken state, create more violence within the home. I do not know how you are going to deal with it but the dry area legislation is going to cause more problems than it is meant to solve.
As Erwin says, when you do that how come the old ones were not enforced and you then say that public housing tenants who have to have behaviour agreements is one other way to resolve it? It is not going to be as easy as it all appears to be. It is more smoke and mirrors rather than leadership. More talk, more reports.
Mr BURKE (Brennan): Mr Acting Deputy Speaker, I rise tonight to inform the Assembly of the fantastic school sports twilight carnival held at Bakewell Primary School tonight. I managed to get out there for a few hours and the barbeque and the sausages and steaks were going fast. Many families were there enjoying the carnival atmosphere, getting involved in the sports, and supporting their children at what is, I believe, the biggest primary school in the Territory. It was a fantastic event. The Chair of the Bakewell School Council Mr Peter Chandler’s baritone voice was heard over the loud speakers, announcing events and encouraging people to make there way to where I was at the barbeque cooking up a storm with other parents and teachers at the school.
I recently attended the school assembly at Palmerston High School. It was a great pleasure to be in attendance to see the Palmerston High School cricket team, which I believe was the U/16 cricket team hauled up onto the stage with their coach and teacher, Mr Iqbal Faruque. The cricket team won the NT TIO Cup for Junior Cricket. They were undefeated. I recognise Jonathan Ward, Matthew McLinden, Michael Richards and David Parrington, who are all batsmen; Joshua Lonie, the wicket keeper and a batsman; Matthew Hanna, an all rounder; Nathaniel Scullion, a bowler; and Craig Bowden, fast bowler. I understand man of the match for the grand final was Daniel Wall and the Captain David Richards. A fantastic result to go through a competition undefeated and it bodes well for the future of Palmerston cricket. I hope the Palmerston Cricket Club have its scouts out at the game to recruit some of these great players into their ranks.
Mr Acting Deputy Speaker, you would have noticed, as no doubt many other of my colleagues have, that coming to these sittings, my hair is somewhat shorter than it once was. That is because I took part in the Shave for a Cure at the Oasis Shopping Centre - what a fantastic fundraising event that is. I hope to convince as many members of this Assembly to either shave or colour their hair, or participate in some way next year, and I am sure I will be held to that.
Another couple of fundraising events I was very pleased to be part of were the ‘Simply the Breast’ sailing race on Darwin Harbour, and also the Dragons Abreast Golf Day at the Palmerston Golf Club. I should advise, in relation to the latter, my colleagues, Mr Kiely and Ms Sacilotto joined me, and we were also joined by a fourth member. We managed to take out the best dressed team, bedecked as we were in full pink, and Kerry Sacilotto, the member for Port Darwin, has our thanks for that. It was a fantastic day; we had a lot of fun. It is always good when no one is taking it too seriously and, frankly, there was not much point with our team, because Len was our only hope as far as the handicap went. I do not think he would mind me saying, he is not up there with Tiger Woods, shall we say. We had a great time, a good laugh and I scored a nice pink fluffy drinks holder into the bargain. I hoped they raised a great deal of money.
The Palmerston Golf Club is a great venue for events such as the golf day, and I encourage any community groups who are looking to raise some money to contact the golf club. It does not have to be golf; they have the bowls there as well. I have seen many businesses having a night of bowls for their staff.
The ‘Simply the Breast’ sailing race was another fantastic event. It has encouraged me to go along and see when sailing lessons are held at the Darwin Sailing Club because I really did enjoy myself.
Recently, I was honoured to make my community room available to Sally Bevis, the manager of the NT Seniors Card, and her host of volunteers, who were putting out the NT Seniors Card booklet. That is being posted to all seniors. It is a great service provided by government. It was terrific to have those people there. I enjoyed having morning tea with them on one of the two mornings they were there, and also helping them for a little while getting these booklets into the envelopes.
In May, after the last sittings, Joanne, my electorate officer, and I attended the Family Law Mega Training Day. That was a very worthwhile event. I encourage all members to get down there next year. It is a day to meet staff and groups involved in advising people on family law matters, or assisting people in areas that relate to that, for example, where people are separating sometimes in not the best of circumstances. Also present were organisations which find crisis accommodation or emergency accommodation for women and men who do not have anywhere to go because of their separation. It is a very valuable and worthwhile event to go to for all members and their electorate officers.
I was honoured to be part of Volunteering Australia’s Volymipics Program, which was held at the Water Gardens. There were some great fun events: egg and spoon races, sack races, wheelbarrow races, that sort of thing. It was another great fun day to recognise the wealth of volunteers we have in our community. Darwin, and the Northern Territory, has always had a reputation for its generosity and it is not just monetary generosity. It is generosity of time and effort. I thank all those people who were there as well as the organisers for putting it together.
Mr Acting Deputy Speaker, we recently attended the Freds Pass Show - and I say ‘we’ not in the royal sense but I know you were there. The Minister for Essential Services, the member for Wanguri, was also there taking part in another great community day, not just for the rural community; many Palmerston people as well as many people from Darwin attend. It is a show with great community feel. The show committee and society deserve thanks for organising that, holding it together and keeping it going and having such a fantastic feeling there.
Freds Pass is the site of the cane toad detention centre and I understand from my discussions with FrogWatch people they are having a phenomenal response out there and are having huge numbers of toads dropped in at the detention centre. I think the figure was around 250 or 300 a week but I could be wrong on that. That is what I recollect being told. That is a fantastic effort by the community to take under their control and to really do their bit to stem the cane toad flow.
The Palmerston markets continue to be a great event. The member for Drysdale and I are there every Friday. I should also mention that if people have a chat to us, they may also be lucky enough to see one of our Territory’s great ministers there also. It has been great to have the Treasurer and the Minister for Family and Community Services come. I am sure we will have others in attendance. I should also mention the Minister for Local Government. He came and he must know a lot of people because he was swamped instantly by people wanting to talk to him. It is another great community event. It is not too big and there is everything you could want there. It is a great place to catch up and meet friends and the library also remains open until late that evening.
If you have not been to the new Palmerston library, please get down there. It is a great facility and I congratulate the Palmerston Town Council on its opening. It is another fantastic asset for the community of Palmerston, as the recreation centre will be when it is completed and opens. I know from speaking to young people that they are eagerly awaiting its opening because it will have fantastic facilities that they are very keen to utilise.
We recently had the official opening of Bunnings in Palmerston. It is a huge store although I understand it is smaller than stores interstate, but that just stops us getting lost and confused by too much choice. It is another great asset for the region, not just Palmerston, but the whole surrounding area. It is very well laid out. It is well planned and as part of the official opening Bunnings put on a fantastic fireworks display. It went for half an hour. I was there with my family and many other Palmerston families watching the fantastic spectacle. It is great to see Bunnings open in Palmerston. They had Michael Long do the official opening and it was great to see him there. I am sure he appreciated the continued recognition that we all like to give our great sporting legends.
I attended a super gala night and beauty pageant at the Italian Club run by the Filipino community; another fantastic event.
I should also mention the Palmerston Salvation Army games and picnic outings that they run. I went and they have mainly people who are suffering from dementia or are old age pensioners and they provide an outing for them.
The Palmerston Troppo Festival was another great event but I will have to save that for another time.
Mr HENDERSON (Wanguri): Mr Acting Deputy Speaker, I would like to talk this evening about some fantastic events in my electorate over the last couple of months. The Dry Season has complemented a great start to the many school and community activities that take place at this time of year in my electorate and I would like to inform the House on a few of these great events.
The interschool swimming championships were held on Friday, 5 May, and I and the member for Casuarina watched our young Darwin swimmers competing at the annual interschool secondary swimming championships at Casuarina pool. The carnival provided some exciting close finishes.
Mr Mills: I was there.
M HENDERSON: Oh, and the member for Blain was there as well. The carnival provided some exciting close finishes with the swimmers reaping the rewards of their hard work, often up in the mornings swimming lap after lap before many of us start our days. I was also pleased to see everyone enjoying the competition and the fine display of sportsmanship. I had the pleasure of sponsoring the junior boys swimming trophy and was honoured to present it on the evening. This year the winner was Essington School; congratulations to all the swimmers at Essington. The carnival would not have gone ahead without a team of volunteers. I congratulate the event’s coordinator, Mary Louise Concentino, and all of the volunteers, parents and teachers, for their hard work and organisation on the day.
The best school fete in Darwin every year is the Holy Spirit School fete in my electorate. It is a must attend event and one that I have attended every year for many years now. It is a long running school tradition and it is the biggest fundraiser that the school does every year. I was privileged to open this year’s fete on Saturday, 13 May, and in previous years I enjoyed pulling in the crowd to try their luck on the spin and win chocolate wheel. I thank all those businesses which donated prizes, too many to mention here this evening, but the generosity of businesses in the community to donate some quite significant prizes to the school and the school benefited from that in raffling them off by the spin and win wheel.
It is a great family day and I enjoyed catching up with families, testing my skills and luck on other sideshow activities and enjoyed the culinary tastes that tempted all from the variety of food stalls around the school grounds. The day was successful. Events like these are always organised by a group of people. A huge thanks to Ina Blake and all the fete committee at Holy Spirit School for their continuous hard work and planning to make this annual event the success it is.
A lot of public debate over the last year of school has been around the middle schools agenda. I have six schools in my electorate, and I was pleased to see all of them participate constructively in the recent middle years schooling approach towards Building Better Schools. Each school has proactively discussed the plan openly by providing opportunities at school council meetings, parent forums, and discussions with students.
The government’s announcement has been welcomed by the schools in my electorate as a positive approach to our education system, and the principals I have met with are keen to welcome the changes. I really mean that; everybody I have spoken to is very pleased with the end result and really looking forward to participating - teachers, students, and principals - in the changes that are coming up.
According to teenagers in my electorate, BassintheGrass is now the official highlight of the year and a day not to be missed. I am proud that this government has introduced that event. The original thinking prior to the 2001 election was to have a Big Day Out. We could not quite attract the Big Day Out, but we have BassintheGrass and it is now a real institution for Darwin teenagers and people a bit older. This music extravaganza gives our kids an opportunity to have a great day out in a safe environment with friends, and listen and dance to some excellent music which they do not normally have access to.
This year, I provided two tickets for students at Dripstone High School to recognise and reward their hard work already achieved this year. Students Michael Wheeler, recognised for his hard work and contribution to the schools recycling program, and Cherie Chilton for outstanding work towards her vocation training, won the tickets. I congratulate both of those students and trust they had a great day out.
Congratulations to four Leanyer Primary School students for receiving recognition from The Beat Encouragement Awards, winning encouragements awards for their participation in music and the arts. Nerida Liddle and Kathleen Fong were recognised for their saxophone musical talent; Courtney Chin as an aspiring pianist; and Eliza McClelland for her performance in dance. Congratulations to students on receiving these awards and $250 each in prize money. I had the privilege of presenting those students with their awards recently at Leanyer Primary School, and congratulate all students who participated.
I also congratulate Leanyer Primary School in continuing to run a magnificent music school. There are some fabulous kids, and it has been a passion of the school for many years. Part of the extra 100 teachers that we, as a government, recruited went towards supporting an additional two teachers for the music school which has enabled our kids across Darwin and Palmerston to develop their talents.
Leanyer seniors recently held a Biggest Morning Tea. There are so many groups and organisations in my electorate and they are always organising events to support causes other than their own. The local seniors village in Leanyer has formed a social committee, and recently held the Biggest Morning Tea to help raise money for cancer research. Unfortunately, I was unable to attend due to portfolio commitments interstate. However, to everybody on the committee, a fantastic effort. I will be having my own morning tea to have a get together during the Dry Season in the very near future.
I want to talk briefly about the Research and Innovation Awards that I and the Chief Minister attended recently. What a fantastic evening it was. The Territory’s tropical and desert environments present both challenges and opportunities for local business and innovators. Territory business is traditionally recognised for being innovative largely out of necessity. Our unique climate means businesses need to develop new skills and solutions to allow their businesses to grow and prosper. Our government is a big supporter of developing the Territory’s ability to produce unique products and industries through research and innovation. The government initiated the Northern Territory Research and Innovation Board in 2004, chaired by Professor Grahame Webb. I congratulate Grahame on the great work he is doing chairing the board. We were all mortified when we heard the news from Greece that he had had a heart attack, and everybody’s hearts were in their mouths here in Darwin when we heard that news. It is great to see that Grahame has made a very strong recovery and to see him there on the night.
One of the board’s roles is to highlight and celebrate the skill, perseverance and creativity existing in the Territory, hence the development of the NT Research and Innovation Awards. The second Research and Innovation Awards were held on the 11 May, with over 200 people in attendance. Over 50 nominations were received from major research institutions, government agencies, individuals and businesses across the Territory. The nominations give a great indication of some of the outstanding talent we have in our community and how the Territory on the whole is performing strongly in the national research arena.
The winners were:
Desert Knowledge Research Award to Mr Glen Marshall for his contribution to sustainable desert living. Anybody who knows Alice Springs knows Glen and the huge contribution that he has made to desert living over many years;
the Tropical Knowledge Research Award, Doctors Renkang Peng, Karen Gibb and Keith Christian for their research into the use of green ants as biological control agents;
my award, as Minister for Business and Economic Development, an Innovation Award to Mr Mark Smith from Syntonic Technologies for the design, development and patenting of the 4148 Rapid Tracking Antenna;
the Indigenous Innovation Award went to Lofty Bardayal Nadjamerrek AO for his assistance in developing improved techniques for fire management, drawing on both indigenous knowledge and modern science. Lofty is a gentleman from the East Arnhem region who is advancing in his years, and it was wonderful to see him there on the evening, supported by his granddaughter. One of the highlights of the night was a film where Lofty was talking about the techniques that he used in managing the environment;
the New Generation Research and Innovation Award went to Mr Matt Brearly of the NT Institute of Sport for his ongoing studies into Thermal Strain in Athletes in the Tropics; and
a Special Commendation Award was given to George Chaloupka for his outstanding contribution over 50 years to the identification, documentation and understanding of Aboriginal rock art in the Northern Territory, a well deserved reward to George. It was great to recognise that on the night.
The prestigious award, the Chief Minister’s Research and Innovation Award, was presented to Mr Mark Smith in recognition of the far-reaching economic implications of his antenna and the progress he has made in getting it to market.
I congratulate all the award winners, the finalists and nominees, as well as the Northern Territory Research and Innovation Board, for what was a fantastic opportunity to celebrate the determination, creativity and intelligence of some exceptional Territorians. Our government is serious about research and innovation in the Northern Territory, boosting funding to over $1m for the three years from 2007 and 2008.
Ms MARTIN (Fannie Bay): Mr Acting Deputy Speaker, last month I had the pleasure of officially launching the Chief Minister’s NT Export and Industry Awards at the Chamber of Commerce and Business Sunset Function. These are the most prestigious awards for business which export their products and services. More than 130 people from our business community attended. The awards recognise that exporting is hard work, and that it requires a great deal of perseverance, commitment and dedication to tackle international markets.
This year marks the start of a new era in the awards. In previous years, we have seen a gradual decline in the number of businesses applying for the awards, a trend seen across all types of business awards. We decided to take action, and a number of recommendations were made by the Chamber’s International Business Council and my Department of the Chief Minister. As a result, the name of the awards has been changed and I am delighted to be their patron. We also introduced a new award category for small business with turnover less than $5m, and included a non-exporting award for the manufacturing sector.
Other export award categories include the Agribusiness Award; the Arts and Entertainment Award; Emerging Exporter Award; Minerals and Energy Award; Services Award; and Small to Medium Manufacturer’s Award. Winners of the Chief Minister’s NT Export Awards will progress to the National Export Awards. They will be up there against export award winners from all other states and territories.
I want to encourage all businesses involved in exporting and manufacturing, especially regional and indigenous businesses, to nominate and become involved in these awards so that we can all share in their business success. The IBC will be coordinating the awards and assisting businesses to complete their applications and, for the first time, Territory businesses can apply for the awards online at www.exportawards.com.au. I look forward to announcing the winners on the evening of 28 September this year.
Last month I was very pleased to help open the Kakadu Culture Camp at Djarradjin, at Muirella Park in Kakadu, around 25 km south of Jabiru. I was warmly welcomed by Fred and Jenny Hunter, the brother and sister team who, along with Jenny’s husband, Andy Ralph, are the three who are really at the heart of this project.
The opening of the camp was an exciting time for Fred, Jenny and Andy, as well as all the people who have helped them along the way and who have been involved in making their vision a reality. They have been working towards this day for the past three years, and their hard work has given Kakadu a tourism operation I believe we can be truly proud of. The Kakadu Culture Camp gives visitors a memorable cultural experience. It has safari camp accommodation, with ten cabins housing up to 20 people, and has a number of exciting activities, including Bininj guided walks and talks, three-course bush tucker dinners, campground slide shows and night croc spotting cruises.
I was lucky enough to be given a tour of the camp site and camp kitchen when I arrived. I saw our bush tucker dinner being prepared, with buffalo wrapped in paperbark being cooked in pits and barramundi sizzling on the coals. I was then taken on the Women’s Walk and Talk through East Alligator stone country by Goldie, Jennifer and Violet, and two lovely young girls, Carla and Catherine, who were very chatty. Along the way, we saw a variety of native fruits such as blackcurrant, Kakadu Plums, White Apple, Green Plums and the Umjimjim Pandanus. These walks are part of a cultural tour which will run three times a week and will also include weaving and collecting bush tucker.
On our return from the walk, we were treated to a magnificent feast that was prepared for the hundreds of people who attended the opening. The buffalo stew and damper with Goldie’s rosella jam was a real treat. Later in the evening, we had a special ceremonial dance from the Injalak Karrabarrda Dancers as well as entertainment featuring Shellie Morris, Neville Namanyilk, the Mudurdjul Band and the Mimi Dancers. However, the highlight was the night time cruise along the Djarradjin Billabong. Although there were not many crocodiles, probably frightened off by the loud music back at the camp, it was a wonderful experience. During the cruise, we heard stories about Fred and Jenny Hunter’s father, a croc hunter in Kakadu, and the Hunters’ cultural and historical affiliation with Djarradjin. To make it even more special, there must have been a million stars out that night. You do not often see that many in Kakadu, but because there had been a late Wet Season and the fires really had not started there was this amazing sky, as many stars as you would see if you were at Uluru, I reckon.
It is tourism product like the Culture Camp that makes the experiences of our visitors even more memorable. It is great for Kakadu, it creates jobs for Aboriginal people and it adds even more lustre to our growing tourism industry. Many thanks to Tourism NT’s Richard Austin and Trent Wilkinson for their hard work. I do not say that lightly; they have really put in to assist the Kakadu Culture Camp get off the ground. Their commitment to helping our Aboriginal communities develop tourism product really should be recognised. They are really two very fine fellows. I invite all members of the House to visit the Hunter family’s Kakadu Culture Camp, it is an experience you will not forget.
On May 29, I was delighted to help Britz Maui and Backpacker Rentals officially open their new Darwin premises at Winnellie. As you know, Britz has had a long involvement with tourism in the Territory, nearly 25 years. In fact, they were the very first Britz office to open in Australia back in 1982. In recent years, they have been joined by Maui to further bolster the range of services provided to our growing drive market. The new premises have been custom built, with the needs of their customers firmly in mind, which says a lot about this very successful business. Also there for the launch was Sylvia Wolf, Tony Clementson, Alana Young and Niki Smith from Tourism Top End and other big supporters of our tourism industry, people like Frances Fauscett and Paul Wyatt from Territory FM.
I take this opportunity to congratulate Tourism Holdings Ltd, THL, for their hard work and vision. Special thanks to the Chief Operating Officer, Chris Rusden; THL’s Brand Manager, Nicole Bailey; Andrew Dodds, the Darwin Branch Manager; David Treleaven, the branch owner; and Michael Ho, who runs the premises. And, of course, there is the rest of the THL team, Brian Holland, Lisa Lee, Andrew Billsborrow, Tammy Holland, Cameron Moore and Brian Hodges. I wish you all the best of luck and thanks for your involvement.
There has never been a better time to invest in Territory tourism than right now. Things are looking up, and we are strongly committed to growing the industry further in the years ahead, and with the expertise and support of businesses like Britz Maui and Backpacker Rentals, I am confident of all our success.
Young skaters have been pushing for a new skate park in the electorate of Fannie Bay or in the inner city area for many years. Darwin City Council was first approached in 1999, but there was no funding available at the time and the concept of an inner city skate park was put on hold. Together with SK8, I made further representations to the Darwin City Council running up to 2001. We had lots of meetings with people like the then Mayor, George Brown. In the run-up to that 2001 election, we pledged $300 000 to the proposed skate park as part of the election campaign, so I thought that it was very firmly owned in the Fannie Bay electorate, which is terrific! There are many young skaters there. They were different from skaters in other parts of Darwin or at the Palmerston one; they were young. They were in the 8 to 12 year age group, and what they wanted was a facility they could walk to from home, so that there could be a safe environment that their parents would not necessarily have to accompany them there but would feel as though it was a safe venue. It did not need big half pipes; it needed a streetscape skating environment they could use and the focus was really on that 8- to 12-, maybe 14-year-old age group.
The going was very slow from 2001. It got complicated in finding a location for the skate park by Darwin City Council doing a major review of all its pools, because the most attractive site for a skate park was at Parap Pool. The whole process of deciding where a skate park should go was put on hold until decisions were made about the pools and their future. Those decisions were fairly complicated when we proposed the waterfront and Darwin City Council went on hold yet again about the future of the pools until the shape of the waterfront became clearer and was decided upon. I have often said in this House, we have given commitments to spend a lot more money than $300 000, and they have been achieved in four years of the first term of the government. That $300 000 was tricky. It took more than four years to actually get it spent, and it still has not been spent yet.
In mid-2005, the Skate Park Working Group was formed and the council decided that they would work with us to find a piece of land that was appropriate for the skate park. Joining me on the working group was SK8, Alderman Roger Dee and Helen Galton from the City Council, and Director of Community Services at DCC and the Project Officer, Ingrid Smith. The group was charged with developing a proposal, including site selection, design options, financial and construction issues. Melbourne-based Convic won the consultancy to progress the project. They have had a lot of experience, developing over 200 skate parks throughout Australia and overseas, including the world’s largest skate park in Shanghai. They also have significant experience in all facets of landscape architecture, including urban design, master planning for active and teenage recreation, parks and youth inclusive space.
In October last year, Council recommend that Convic review three sites for the skate park, at Parap Pool, Vesteys Beach and Darwin High. Darwin High subsequently pulled out of the process. Convic began community consultation in February this year on the two remaining sites, and I met with Jason McNamee and Darren White from Convic when they came to Darwin. Convic’s aim is to provide a recreational and social opportunity for the young people of Darwin, one that is safe and accessible. The main criteria used to assess each site reflected these aims: suitable planning scheme requirements; physical size and land conditions; emergency vehicle access; proximity to public transport; visually prominent site; security and safety; proximity to amenities - water, toilets and shade; impact on existing facilities and adjoining uses and users; adequate distance from residential dwellings and incompatible land use; pedestrian skate bike access; and proximity to food and drink.
From early in the process, young people themselves identified the pool area as an ideal location. I have to say that I have been a strong supporter of Parap Pool as the site for the skate park. It is bounded by Ross Smith Avenue and the swimming pool car park to the south. It is close to Parap Primary School, Parap Village, the public phones and St John Ambulance. Its proximity to the pool and constant passing traffic also meant, in the words of Convic, ‘good natural surveillance during school hours and the opening hours of the pool’. The site is approximately 40 m from adjacent residential areas, which are across from Ross Smith Avenue on the northern side. There is consistent traffic during daylight hours and noise from the skate park is not likely to impact on neighbouring areas. This was subject to acoustic report.
The Vesteys Beach site is adjacent to the existing car park at Atkins Drive which runs parallel to Vesteys Beach. There is little or no natural surveillance of site provided by adjacent land users or activities, and vegetation around the lake prevents views through from the residential areas. Also, passing traffic and passive recreation in the area is irregular and there are no public phones or shops nearby. Convic raised concerns about the remoteness of the site and the lack of public surveillance. These concerns were shared by the police who also referred to the use of the area by what they called ‘abnormal users’, as well as insufficient lighting and the fact that the area is isolated at night. Those concerns were shared by the Youth Advisory Group, the Sexual Assault Referral Centre, and the AIDS and Hepatitis Council, which also put into the consultation with Convic.
The final recommendations of Convic to council reflected these concerns, and the report to council from its Director of Community Services recommended the Parap pool site - quite unequivocally - for all the criteria carefully gone through. It made the point that skate parks are mainly used by younger population and, therefore, safety and security of the area requires very careful planning. It went on to argue that the pool site also provided natural surveillance from Ross Smith Avenue and the co-locations of the skate park with other recreational facilities would be a plus.
The decision by council to select a site at Vesteys has come as an extraordinary surprise to me as local member, and also a number of people who understand the importance of safety and central location for a site like a skate park for young people. The fact is that the recommendation from the very expert group that were the consultants was for Parap pool and the recommendation from the Director of Community Services was for Parap pool, and we had a group of aldermen voting differently, which is just bewildering.
I am obliged to fight it. I believe it is not a safe site. If something happened to a child who was skating there - which I hope would never happen - we would have walked away from our responsibilities as members of government, whether it is local or Territory level. I am very disappointed in council. I have been talking to the aldermen and I have an appointment to meet the Lord Mayor very shortly. It is a wrong decision and, with taxpayer’s money, I cannot stand by and let that decision sit. I will be fighting it for the young people of my electorate who need a safe place to go skating.
Motion agreed to; the Assembly adjourned.
VISITORS
Mr Acting Speaker: Honourable members, I draw your attention to the presence in the gallery of Year 8 Kormilda students, accompanied by Ms Jacinta Mooney. The class members come from all over the Territory. We have students from Peppimenarti, Timber Creek, Pigeon Hole, Willowra, Ti Tree, Santa Teresa, Gapuwiyak, Milikapiti, Ngukurr, Gunbalanya and Jabiru. On behalf of honourable members, I extend a warm welcome.
Members: Hear, hear!
PETITIONS
Retention of Golf Course Estate
Retention of Golf Course Estate
Dr LIM (Greatorex): Mr Acting Speaker, I present a petition from 104 petitioners praying that the Northern Territory Place Names Committee retain the name of Golf Course Estate for the suburb adjacent to and surrounding the Alice Springs golf course. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders. I move that the petition be read.
Motion agreed to; petition read:
- To the honourable the Speaker and members of the Legislative Assembly of the Northern Territory
We, the undersigned respectfully showeth our objection to the proposed name change of the Golf Course Estate to Olive Pink.
Your petitioners humbly respect the significant inter-racial, anthropological and botanical contribution Ms Olive Pink made during her life in the Alice Springs and celebrate the naming of the Olive Pink Botanical Gardens in her honour.
Your petitioners also humbly observe the fact that the golf course was the focus of the surrounding residential development and thus the significance of the name of the Golf Course Estate.
Your petitioners do humbly pray that the Legislative Assembly of the Northern Territory urges the Northern Territory Place Names Committee to retain the name of the Golf Course Estate for the suburb adjacent to and surrounding the Alice Springs Golf Course.
And your petitioners as in duty bound will ever pray.
Keep Public Service Jobs in Alice Springs
Dr LIM (Greatorex): Mr Acting Speaker, I present a petition from 72 petitioners praying that the Salaries Section of DCIS in Alice Springs be retained, making a total of 329 petitioners. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders. The petition is in similar terms to a petition presented in the May sittings. I move that the petition be read.
Motion agreed to; petition read:
- We the undersigned respectfully showeth that we do not approve of the plan that the Northern Territory government has to transfer the Alice Springs Salaries Section of the Department of Corporate and Information Services to Darwin. Your petitioners do humbly observe that the government plans will affect about 30 people who are currently employed in the Salaries Section and these jobs will be lost from Alice Springs, thus affecting the whole community.
Your petitioners do humbly pray that the Legislative Assembly of the Northern Territory take the necessary steps to make the Northern Territory government retain the Salaries Section of DCIS in Alice Springs.
Save Our Parks Estate
Dr LIM (Greatorex): Mr Acting Speaker, I present a petition from 253 petitioners praying that a decision to hand over the 11 Central Australian national parks be rescinded. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders, and it now makes a total of 2749 signatures from Central Australia. This petition is in similar terms to a petition presented in the May sittings. I move that the petition be read.
Motion agreed to; petition read:
- We the undersigned respectively showeth our great sense of betrayal by the Northern Territory government in its plans to hand over 11 Central Australian national parks to a select group of people. Your petitioners do humbly observe that the government plans to hand over Arltunga, Chamber’s Pillar, Corroboree Rock, Devil’s Marbles, Finke Gorge, Ewaninga Rock, Gregory’s Tree, N’Dhala Gorge, Trephina Gorge, Emily and Jessie Gaps and the Western MacDonnells including Simpson’s Gap, Ellery Creek, Ormiston Gorge, Serpentine Gorge, Glen Helen Gorge, Redbank Gorge and the Alice Valley extension. Your petitioners do further observe that the handover is akin to asking New South Wales residents to hand over Bondi Beach or South Australian residents to hand over Glenelg Beach, no questions asked.
Your petitioners do humbly pray that the Legislative Assembly of the Northern Territory take the necessary steps to make the Northern Territory government immediately rescind its decision to hand over the parks estate to sectional interests and to retain ownership of the parks for all Territorians.
Save Our Parks Estate – Top End
Dr LIM (Greatorex): Mr Acting Speaker, I present a petition from 1945 petitioners praying that the decision to hand over the 48 Territory-owned parks be rescinded. The petition bears the Clerk’s certificate that it conforms with the requirements of standing orders, making a total of 4694 petitioners objecting to the parks hand over. I move that the petition be read.
Motion agreed to; petition read:
- We the undersigned respectfully showeth our great sense of betrayal by the Northern Territory government in its plans to hand over 48 Territory owned parks to a select group of people. Your petitioners do humbly observe that the government plans to hand over Top End parks including Mary River, Fogg Dam Nature Reserve, Flora River Nature Park, Black Jungle, Lambell’s Lagoon Conservation Reserve, Gregory National Park, Harrison Dam Conservation Area, Malacca Swamp Conservation Area, Gregory’s Tree Historical Reserve, Kuyunba Conservation Reserve. Your petitioners do further observe that the handover is like asking New South Wales residents to hand over Bondi Beach or South Australian residents to hand over Glenelg Beach or indeed the waterways of beaches around Darwin, no questions asked.
Your petitioners do humbly pray the Legislative Assembly of the Northern Territory take the necessary steps …
Members interjecting.
Dr Toyne: You will never win back government by lying.
Dr LIM: A point of order, Mr Acting Speaker! I believe that the Deputy Chief Minister has accused people of lying. I suggest that …
Mr Stirling: Only you!
Dr Toyne: It was me!
Dr LIM: Well, even more so now that he is making a direct accusation. I suggest he withdraw.
Mr ACTING SPEAKER: Thank you, member for Greatorex.
Mr STIRLING: Mr Acting Speaker, if the member for Greatorex believes that I accused him of lying, I withdraw.
Mr ACTING SPEAKER: Thank you, please continue, Mr Deputy Clerk.
- Mr DEPUTY CLERK:
Your petitioners do humbly pray the Legislative Assembly of the Northern Territory take the necessary steps to make the Northern Territory government to immediately rescind this decision to hand over the parks estate to sectional interests and to retain them for all Territorians.
MINISTERIAL REPORTS
Top End Secret Road Show Campaign
Top End Secret Road Show Campaign
Mr VATSKALIS (Mines and Energy): Mr Acting Speaker, I report on the results of my team’s participation in the Association of Mining Exploration Companies Congress, AMEC, in Perth last week. It was the latest leg in the Top End Secret Road Show, part of my department’s $15.2m program Building the Territory’s Resource Base.
Over the past 18 months, we have promoted the Northern Territory minerals potential to over 15 000 industry representatives in Australia and overseas. Through the Top End Secret Road Show, my department has seen a 250% increase in the take-up rate of geoscience data, an 85% increase in new mineral exploration licence applications from 2004-05, and a doubling of mining exploration licences in the last five years - the highest since 1994.
Moreover, the Minerals Council of Australia has recently scored the Northern Territory as tops for mining tenure management compared with other jurisdictions. However, we need to do more, particularly for facilitating access under Aboriginal land rights and native title processes.
To this end, in Perth, I launched a new handbook called Exploring Country – A guide to making an exploration and mining agreement. The booklet resulted from a suggestion by Mr David Ross, Director of the Central Land Council, that the government should highlight success stories of Aboriginal employment and enterprise in the mining industry, and provide examples of how industry and community partnerships can benefit everyone. The hand book also outlines the exploration and licensing process in the Territory, lists the key players, explains legislation and provides useful resources and contacts. I hereby table the booklet for honourable members.
The launch in Perth last week was in conjunction with a day long seminar, with over 70 attendees, run by my department on accessing land for mineral exploration in the Northern Territory. In addition to me and my department, the seminar was addressed by speakers from the land councils, the National Native Title Tribunal and industry representatives. Speakers confirmed the successful outcomes reached through partnerships between the land councils, government and industry. The AMEC Congress was a valuable platform for promotion of the Northern Territory and of the Building the Territory’s Resource Base program. All the states were represented and I had the opportunity to present a keynote address. There were 400 delegates at the congress and I met many current and prospective Territory clients.
My keynote address outlined the advantages of doing business in the Territory, the world-class geoscience data available from the Geological Survey, as well as current mining success stories, such as Territory Iron’s Frances Creek Project, GBS Gold, Bootu Creek and the Brown’s polymetallic project near Batchelor.
Our government is doing all it can to assist explorers on the ground in the Territory with our focus on improving the Territory’s competitive position in attracting global investment. This means ensuring our pre-competitive geoscience information is maintained and expanded, facilitating land access through partnerships with Aboriginal people, increasing the intensity of exploration drilling and, above all, telling people about our initiatives and progress.
Our commitment to land access is evidenced by the booklet, the seminar and the fact that the government and the land councils are working together on the same platform and speaking with the same voice. This was a first and was recognised by all at the AMEC Congress as a new and powerful message.
Most mining companies are based outside the Northern Territory. It is crucial that we continue to sell the Territory, its investment opportunities, and the assistance government can provide to support industry at major interstate events such as the AMEC Congress.
A pipeline for potential new businesses has been created through the many contacts and meetings held during this trip and our relationships with key clients have been strengthened.
Ms CARNEY (Opposition Leader): Mr Acting Speaker, while I welcome the minister’s report, this Mines minister has no credibility whatsoever when it comes to this portfolio. I well understand, minister, why it is that you need to travel to these conferences, but you have extraordinary bad form in this portfolio. One need only point to the McArthur River Mine debacle, brought on by you and the person sitting on your left. You threw McArthur River a lifeline at the 11th hour, and who knows what the ultimate outcome of that will be. You have done yourself an incredible disservice by the way you have conducted yourself in this portfolio.
I noticed there is a reference to McArthur River Mine in this little booklet that has on page 1 your photograph, and a statement that appears welcoming. I will come back to a line that is in that statement shortly. You go on in this government printed document to sing the praises of McArthur River Mine, and you talk about the employment programs it operates, how significant it is, and how important it is to the Northern Territory. Well, minister, you and your mate and all of your colleagues were more than happy to put that at risk only a few months ago and that was 300 jobs, and 400 supply companies. The number of people who could have been affected – who have been affected by your decision was significant. Yet you have the hide to talk in here about how wonderful McArthur River Mine is. You also had the hide to say on your first page: ‘The Territory’s open for business’. It is not true, minister.
What is your position on uranium mining? Do not respond by saying it is the Commonwealth’s responsibility because you are absolute chickens when it comes to uranium mining. Your boss has not even had the courage to say: ‘I think this Territorians’. She is going to wait until Bomber Beazley gives her the green light before she opens her mouth. You and she are both disgraceful.
Mr VATSKALIS (Mines and Energy): Mr Acting Speaker, the only time the Territory was closed for business was when the CLP was in government.
Members: Hear, hear!
Mr VATSKALIS: In 1994, mining was booming in the Territory. Then all of a sudden it stopped. Why? Because they decided to play politics. They decided not to issue exploration licences. They decided not to open mining because they want to blame the blackfellas. It was their fault for locking the land away. It was their fault they would not give approvals. That is a load of rubbish. In relation to the McArthur River Mine, I tell you what, we were prepared to go to any cut mining company that complies with the rules and regulations of the legislation with regards to the environment and mines the Territory. We are not going to sacrifice the Territory’s environment. We are not going to prepare and present another liability of $30m or $40m or $50m like the Mt Todd legacy of the CLP.
Stage 7.6 of The Chase - Delfin Lend Lease
Dr BURNS (Planning and Lands): Mr Acting Speaker, I take this opportunity to provide an update to the Assembly on the outcome of negotiations with Delfin Lend Lease regarding Stage 7.6 of The Chase Development in Palmerston. Some members may recall that in 2004 Delfin applied to the Development Consent Authority to subdivide Stage 7 of The Chase into 132 allotments. Objections were received from a number of residents opposed to the development of Stage 7.6, and in October 2004 the member for Blain presented a petition with 1101 signatures requesting that Stage 7.6 be zoned for conservation. To allow for the remaining parts of Stage 7 to proceed, Delfin amended its application to remove Stage 7.6.
I subsequently advised this House that I would not rezone the land, but would try to negotiate a solution. I had met with local residents and Delfin to discuss the issues raised associated with the development of Stage 7.6. During those discussions, the option of purchasing Stage 7.6 was flagged. Considerable discussion and consultation occurred between Delfin and the Department of Planning and Infrastructure on the purchase of Stage 7.6. However, due to fundamental differences in the methods used by the Territory and Delfin in assessing the compensation due to Delfin, it has not been possible to reach common ground.
Although the land has not been developed, Delfin insisted on compensation on the basis of loss of profit whilst government sought the usual loss of land valuation. In fact, each time the Territory approached Delfin the compensation being asked for just kept increasing. In an attempt to resolve the impasse in November 2005, I met with the CEO of Delfin and discussed the option of a land swap in lieu of monetary compensation.
Delfin were offered a choice of two areas roughly the same size as Stage 7.6, adjacent to the former Chan Park Nursing Home. The land is close enough to The Chase Development that it could be marketed as a further stage of The Chase, and the land is also considered more valuable as it is elevated and will be suitable for medium density residential development, whereas Stage 7.6 is in a gully. The counter offer by Delfin was considerably greater than what was considered reasonable. Delfin’s view was that an area twice the size of Stage 7.6 would be considered as adequate compensation. Also, Delfin was asking that planning approval be fast-tracked. They wanted support for smaller allotments and relief from constructing an intersection to Roystonea Avenue, which was a condition of the development approval.
In December 2005, I again wrote to the CEO of Delfin advising that its proposal would result in compensation to Delfin considerably in excess of that previously sought. I reconfirmed the government’s view that the land being offered was considerably more valuable than Stage 7.6 and asked that Delfin reconsider its position. I table a letter written at that time to the CEO of Delfin.
Although there were further meetings with Delfin and my office on the possibility of a land plot it was clear that Delfin was not prepared to vary its position and further negotiations would prove pointless. Every effort has been made by government to resolve this matter either through the payment of just compensation or by way of land exchange. However, Delfin has viewed each approach by government as an opportunity to increase the amount of compensation due and has not been willing to compromise its position.
Delfin has again applied for the Development Consent Authority to develop Stage 7.6 and it is now up to Delfin to respond to the concerns of the Palmerston community through that process. Stage 7.6 will now be considered by the DCA at its meeting on Tuesday, 20 June, 2006. I can assure the residents of Palmerston that the DCA will take into consideration all the concerns that have been raised by residents and the submissions received before making a decision on Stage 7.6.
Ms CARNEY (Araluen): Mr Acting Speaker, I thank the minister for his statement but I am compelled to say: ‘Not good enough, minister, nice try’. We suspect you will be sending your comments and the letter to all of the people who put their name of the petition that my colleague, the member for Blain, brought into the parliament not so long ago.
There is much more you can do. We note the slippery nature of the government when something is nice and easy and doable: the ministers are there front and centre. When it is a bit controversial, you feel as though there is nowhere to go. You are appealing to sectional interests. You say it has nothing to do with me, I will leave it to the process. Your hypocrisy is noteworthy. As is minister, your comments or the minister for Mines’ report earlier - who is sitting just over your shoulder - because whoever it was on the fifth floor who decided that we should do these two ministerial reports this morning really made a mistake. The minister for Mines said in relation to McArthur River that he would not sacrifice the environment, it was so important that he would not sacrifice the environment. Yet you, minister, say we are prepared to sacrifice the environment, we are not prepared to go into bat to protect the escarpment which is at the very centre of the issue about which you speak.
One of the problems with having many people is you probably need two conductors, so the two conductors had better speak to each other and you had better make sure that you get your lines right in future. You cannot have a minister saying to Territorians that we care about the environment and we will throw ourselves in front of bulldozers to protect it, and yet you, minister, say it is all a bit hard, there are many things I can do, but I will not. Bad luck for the environment.
You have displayed, once again, minister, your complete contempt for the people of Palmerston. The two representatives from Palmerston should note in future not to sidle up to you when you are talking about issues in their electorates.
Mr WOOD (Nelson): Mr Acting Speaker, I suppose what this highlights is the inadequacy of forward planning when governments put land up for sale. The history of this Delfin estate goes back before this government. Land was sold without any planning of what should be taken out of the subdivision, and that land has been sold as if the developer then said: ‘I have the right to develop all that land because you have sold all that land to me’.
That is one of the fundamental changes that the government has to introduce into the selling of land for public development in the Northern Territory. Silkwood Estate is also an example at the present time. There is some land down there that should have been taken out of that subdivision before it became freehold. You also have Thorngate Road for the industrial hub. The government is looking at rezoning land there without having a look at what land should not be part of that industrial estate. You should do it now, and it should not wait until we come up with these problems that Delfin have.
I am no friend of Delfin. They are a glossy brochure company which puts out beautiful pictures of lakes and drains, but will not look after the creeks. It calls it a natural drain. Minister, you called it a gutter. I call it the headwaters of Mitchell Creek. If you really believe in the Darwin Harbour Management Plan …
Dr Burns: I have never called it a gutter.
Mr WOOD: I thought you mentioned that there was a gutter when you were speaking …
Dr Burns: No!
Mr WOOD: I withdraw if you did not say it, minister.
Dr Burns: I said ‘in a gully’.
Mr WOOD: Sorry, that was my hearing. If we believe in the Darwin Harbour Management Plan then we should believe in the protection of those creeks. Although Delfin might say they bought all that land, with the right to subdivide comes responsibility. The responsibility is to give open space to the community and also to protect the environment. I do not think they have a right just because they have all that land to build all over the natural environment. We as a group - people in Palmerston, the local members and the minister - have to fight for this and make sure that Mitchell Creek is protected. Let us not give in.
Dr BURNS (Planning and Lands): Mr Acting Speaker, I concur with much of what the member for Nelson said. There is a lot of history to this. The original development lease was issued by the former government, thereby giving Delfin certain legal rights and expectations in relation to that block.
I have tried very hard to resolve this issue, but it comes down to that fundamental difference in viewing the value of the land. Delfin had a loss of profit motivation; that is all they were thinking about and motivated by. Even for a land swap with a block of land that was much better, they refused. As minister, I cannot go beyond - and far beyond - the valuation that is placed on this land. We do have an Auditor-General who looks at these issues. Government has to act in a proper way. I am very sad about this issue. I have moved heaven and earth to try to resolve it and it has not been resolved. I believe Delfin should hang their head in shame, Mr Acting Speaker - and I say that on record in this parliament.
Greenhouse Gas from Bushfires
Ms SCRYMGOUR (Natural Resources, Environment and Heritage): Mr Acting Speaker, in a statement I delivered to this House earlier this year, I pointed out that the biggest emitter of greenhouse gases in the Northern Territory is our bushfires. In fact, 48% of the Northern Territory’s greenhouse gases are produced by fires in our northern savannahs. This, as all members are aware, is a significant issue that needs to be addressed in the context of climate change.
I am delighted to be able to report on very real progress in addressing this matter that is so crucial to our future. The government is on the verge of signing a groundbreaking agreement with Darwin LNG to reduce greenhouse gas production from late fires in western Arnhem Land. The deal is the result of nearly a decade of work by traditional owners, Northern Territory scientists, Bushfires NT and the staff of the Department of Natural Resources, Environment and the Arts.
Since the early 1990s, visionary Territorians such as Lofty Bardayal Nadjamerrek AO, who recently won the Indigenous Innovation Award for his work in this area, have been agitating to reinstate traditional Aboriginal land and fire management practices in their country on the Arnhem plateau. With the aid of organisations such as the Jawoyn Association and Bawinanga Aboriginal Corporation, traditional owners have built ranger programs from the ground up in preparation for the realisation of this dream.
Research scientists from the Tropical Savannah CRC at the Charles Darwin University and Bushfires NT have worked with Lofty and other traditional owners investigating the impact traditional burning regimes have on a range of environmental factors, including greenhouse gas production. The results of their research have been verified by the Australian Greenhouse Office, and show that well-managed early Dry Season fires can substantially reduce the amount of CO2 equivalent produced by fires in the same area late in the year.
Armed with a clear methodology that indicated that a well-planned and managed fire regime could measurably reduce greenhouse gas production, the Northern Land Council and the Northern Territory government approached Darwin LNG, then ConocoPhillips, with a proposal to establish a greenhouse abatement project. Under the terms of its licence, Darwin LNG has agreed to find greenhouse gas offsets for its 3.7 megatonnes per annum gas plant at Wickham Point; that is, Darwin LNG must find some way to reduce the impact of its project on the global production of greenhouse gases. The West Arnhem Fire Management Agreement does just this. Darwin LNG will pay Aboriginal traditional owners to plan and manage fires in western Arnhem Land in such a way that at least a 100 000 tonne reduction in greenhouse gases is gained annually. This abatement will be audited by the CRC for Tropical Savannahs following the methodology approved by the Australian Greenhouse Office.
The project is remarkable for a few reasons. It places the Northern Territory at the front of the global search for reductions in greenhouse gas emissions. It employs traditional indigenous fire and land management wisdom, coupled with the latest cutting edge science and technology. It provides employment opportunities and training for Aboriginal youth in a truly sustainable context. It will have a range of side benefits, including the management of rare monsoon vine forests in the region, and it will provide Darwin LNG with a greenhouse gas offset that will allow it to meet the terms of its licensing agreement. The project partners are now on the verge of signing this groundbreaking agreement.
There will be substantial environment benefits from this project. It will reduce biodiversity lost from destructive wildfires, and it will reduce greenhouse gas emissions by approximately 100 000 tonnes per annum. In addition to the environmental benefits, there will be significant long-term benefits in the provision of ongoing employment opportunities for Aboriginal people. There is also enormous potential for this project to set a precedent for similar greenhouse gas abatement projects elsewhere with different partnerships.
Other large companies are already expressing an interest in the project in the Gulf region, and there is potential for similar work on the Daly River/Port Keats Land Trust. Projects such as this will start to make real inroads into climate change and the problems we face. Indigenous land and fire management for greenhouse gas abatements will become a significant reality. I will keep members advised of the progress with this groundbreaking project.
Mrs MILLER (Katherine): Mr Acting Speaker, I welcome the minister’s report this morning on the reduction of greenhouse gases. It has been an issue in the Northern Territory, more than anywhere else in Australia, for a very long time and, of course, it also affects people’s health.
It was very obvious when we were returning from Nhulunbuy a couple of weeks ago in the mid-to late afternoon. We left Nhulunbuy Airport on a clear sky, beautiful day and, by the time we were half an hour out of Nhulunbuy, you could not see anything of the Northern Territory because of greenhouse gas emissions. There was not one person on the plane who did not agree that something has to be done. It is a serious problem. I welcome the minister’s report and look forward to seeing vast improvements over the next few years.
Mr WOOD (Nelson): Mr Acting Speaker, this highlights that, unlike in the Chief Minister’s statement the other night that gas is a very green energy source, it is just not true. The reason you are doing this project, which I believe is a great project, is because we are pouring greenhouse gases into the atmosphere from the LNG plant, and that is a fact. It would be better if we had energy sources that did not have greenhouse emissions and if we reduced the amount of burning, we will get more benefits than we are getting at the present time.
I welcome the minister’s statement. I am interested in the practical application of what you are trying to do and the effect it will have on the environment, because we know some burning is required, therefore we will still be putting greenhouse emissions into the atmosphere. We are not going to ask for a no burn of Arnhem Land - I cannot imagine that.
Ms Scrymgour: No.
Mr WOOD: That is right, but I would like to see how it is carried out in practice as the years go on. You have offered to give us some reports as time goes by.
There are practical applications. Fires are not something you can always control. Fires get out of hand. People light fires just for mucking about, and you can get accidental fires. It will be good to see your report on this whole matter. It is groundbreaking but, as I said, what it does highlight is the fact that the Chief Minister is pushing for gas as a very green energy source, which is not the case. It still produces massive amounts of carbon dioxide and, thankfully, you are looking at a way of at least keeping that balance.
Ms SCRYMGOUR (Natural Resources, Environment and Heritage): Mr Acting Speaker, I thank both members for their responses, because it is a groundbreaking project. Everyone, all the partners in this project, particularly the traditional owners, recognise the benefits of having that traditional knowledge in those practices. We cannot avoid wildfires, they will happen. At least if we get those management techniques in place, that will reduce emissions.
In relation to gas, and I agree with the Chief Minister: gas, gas, gas, bring it on. There is not enough use of our natural resources. I know, member for Nelson, that you like nuclear energy and the whole issue of uranium. I say gas.
Partner Up Workshop Program
Mr HENDERSON (Business and Economic Development): Mr Acting Speaker, it was my pleasure to open a workshop in Darwin last month titled ‘Partner Up’, which was attended by about 40 representatives from the engineering and the metal fabrication industry.
The two day workshop, coordinated by my department, was designed to prosper business partnerships across the region from the Kimberlys to North Queensland, including the Top End of the Northern Territory, to assist local business in tendering for major project work. Forming partnerships or clusters gives similar businesses the opportunity to pool their skills, resources, knowledge and experience to be more competitive on tendering for large contracts, leading to business growth and new job opportunities.
It is crucial businesses in North Australia look to partnerships of this kind. North Australia has about 6% of Australia’s population, producing 30% of the nation’s exports. Western Australia, the Territory and Queensland have 73% of Australia’s land mass and contributes collectively around one-third of the nation’s GDP, with about one-third of its people. These figures have a measure of the importance of the north to the nation economically. That is why it is so crucial that our SMEs work together to build capacity and ensure they maximise the benefits to themselves, and to the Territory economy generally of major projects.
Of the 48 participants at the ‘Partner Up’ workshop, 35 came from the private sector, 30 from the small and medium enterprise sector, 39 participants came from the Territory, and seven came from Queensland, with one each from New Zealand and South Australia. Key note speakers included representatives from Alcan, ConocoPhillips, ACCC, Mt Isa Mines and Engineering Taranaki from New Zealand.
In feedback from the forum, 95% of the participants believed their business will benefit from the forum, and that they had established valuable networks. Most were keen to attend follow-up forums.
There are plenty of work opportunities for our SMEs, particularly repairs and maintenance with major projects including Alcan’s $2bn expansion at Gove; ConocoPhillips $1.6bn Wickham Point plant in Darwin that the member for Nelson does not like very much, part of the broader $5.4bn Bayu-Undan LNG projects which has …
Mr WOOD: A point of order, Mr Acting Speaker! I did not say that. I would just like the minister to prove it.
Mr ACTING SPEAKER: There is no point of order.
Mr Wood: I would just like to have it on the record that that is a load of rot.
Mr ACTING SPEAKER: Member for Nelson, please be seated. Please be seated.
Mr Wood: I will.
Mr HENDERSON: The member for Nelson – I will get the Hansard for him – said that the LNG plant at Wickham Point produced massive amounts of greenhouse gas. Now, I take that to be a talking down of that particular facility, and obviously criticism of any potential expansion of that facility, given his comments.
Mr Wood: You would, of course. You would like to twist the truth. Who supported the LNG plant? I did!
Mr HENDERSON: You speak out of both sides of your mouth quite often, member for Nelson. You cannot have your cake and eat it too.
There is the bulk handling facilities at the Port of Darwin meeting the demands of the $100m Bootu Creek manganese export project and iron ore shipments from Frances Creek, and developments of the Black Tip gas field and pipeline.
The potential developments of the Sunrise field in the Timor Sea with its 7.8 billion cubic feet of gas, that I am confident will lead to unlocking $20bn in oil, and $30bn in LNG that this government supports over 20 years, potentially supplying a second train of the expanded Wickham Point.
The opportunities also extend into the Carpentaria mineral province to our east, and the Kimberly and Pilbara to our west. Northern Australian businesses have many comparative advantages in bidding for this work including understanding the challenges of labour market supply, the booms and busts in demand, the nuances and logistics of supply, indigenous employment and the need to embrace and boost this aspect, and our unique culture and climate. There is no doubt our SMEs have proven their capabilities to service major projects here in the north. It is sometimes just a question of capacity to meet the substantial requirements of major project partners. Forming strategic alliances with other North Australian businesses will ensure they have the capacity to be competitive.
I acknowledge and thank the Manufacturers Council of the Chamber of Commerce, Northern Territory for their support in putting the ‘Partner Up’ workshop together, along with the valuable support provided by AusIndustry NT Regional Office, the Cairns Region Economic Development Corporation, and the Cairns Region Engineering Network.
Ms CARNEY (Opposition Leader): Mr Acting Speaker, I thank the minister for his statement. It is clear that SMEs play a vital role in the business and social life of the Northern Territory, so workshops of any description are always a good idea. It would have been a really good idea had the minister for Business actually attended these, and indeed a whole lot of other workshops. Government describes itself from time to time as a business. Let us look at the performance of this business government.
They are taking the Territory to unprecedented levels of debt with Treasury estimates to $4bn by 2008. This is a government that has received about $750m over and above the GST take that they expected since Percy Allan swung by just after 2001. This government has blown its wages bill by something in the order of $100m and if a business even went close to the poor performance of this government in its management of its staff and resources, then that business would go broke and it deserves to go broke. However, due to the lifeline that is constantly being provided by Peter Costello and John Howard, this government is able to keep blowing its budgets. We look forward to pursuing these and so many other questions in estimates next week.
I conclude by asking whether the minister for Business is remotely concerned about the article that appeared in the Centralian Advocate last week. People have been talking for some time about the way your department leaks; that is the Tanami Gold not using Alice Springs as a supply base. That is an enormous problem for Alice Springs. The minister had his photo in the paper. I wonder if the minister for Business can tell us if he is concerned about it and what he is going to do about it.
Reports noted.
MOTION
Special Adjournment
Special Adjournment
Mr HENDERSON (Leader of Government Business): Mr Acting Speaker, I move that the Assembly at its rising adjourn until 4 pm on Friday, 23 June 2006, or such other time as notified by the Speaker, with one hour’s notice being given to government and opposition Whips and members by the Speaker or such other time and/or date as may be advised by the Speaker pursuant to Sessional Order.
Motion agreed to.
MOTION
Rearrangement of Routine of Business
Rearrangement of Routine of Business
Mr HENDERSON (Leader of Government Business): Mr Acting Speaker, I move that the routine of business for Friday, 23 June 2006, be as follows:
(1) Prayers
(3) Notices
(4) Government Business – Notices
Motion agreed to.
CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL
(Serial 58)
(Serial 58)
Bill presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I move that the bill be now read a second time.
The purpose of this bill is to amend the Consumer Affairs and Fair Trading Act so as to: clarify that the minister and the Commissioner of Consumer Affairs may make in good faith and in the public interest, public warning statements about goods, services, businesses, or individuals; amend Part 7 so that the consumer protection provisions dealing with door-to-door selling also apply to contracts formed as a result of unsolicited telephone calls; amend the definition of ‘motor vehicle’ in section 125 to provide that a vehicle propelled by any hydrocarbon is a motor vehicle for the purposes of the act; amend provisions currently allowing for the minister to make declarations effectively excluding certain motor vehicles from the application of the act, so that such exemptions are made by regulation; and make various statute law revision amendments identified by Parliamentary Counsel.
The current provisions of the act, and I mention in particular sections 7(1)(a) and (d) and section 336 leave ambiguous the extent of the protection for the Commissioner of Consumer Affairs from legal action in the event that goods, services, businesses or individuals are named in a public warning statement. While such protection would appear to be the intent of these provisions, legal advice obtained in a recent matter is that it is not without doubt. It is the view of the government that the issue should be made clear. Legislation in other jurisdictions leaves the matter in no doubt. The proposed amendments set out in clause 4 of the bill are based on section 41A of the Australian Capital Territory Fair Trading (Consumer Affairs) Act 1973.
The bill also amends Part 7 of the act so that the consumer protection provisions dealing with door-to-door selling applies to contracts formed as a result of unsolicited telephone calls, a practice commonly known as telemarketing. The door-to-door selling provisions of the act are designed to protect consumers from high pressure selling tactics, particularly arising from unsolicited approaches by sellers. In general terms, the provisions: prohibit certain unfair terms in contracts; provide for cooling off and rights of recision of contracts; prohibit calls on Sundays and at certain other times - for example, after 8 pm weekdays; prohibit harassment; and provide for restitution in certain circumstances. Currently, the key section, section 98, is written on the assumption that the selling or some aspect of it will occur at a place at which both the consumer and the person selling are physically present. This means that contracts formed as a result of telemarketing are not covered.
Telemarketing is now prolific, and the Commissioner of Consumer Affairs advises me that this type of trading can cause similar problems for consumers, as did traditional door-to-door trading when this section was drafted. The commissioner is of the view that consumers should have the same protections whether or not the trader approaches the consumer in their home, in person, or by telephone. I share this view. This matter has recently been discussed by the Standing Committee of Officials of Consumer Affairs. Victoria and New South Wales have already amended their fair trading acts to apply similar provisions to both traditional door-to-door trading and telemarketing. I understand South Australia has indicated they may follow in the near future.
I now move to sections of the bill which deal with motor vehicles. Section 125 of the act defines ‘motor vehicle’ for the purposes of the licensing and warranty provisions of the act. The definition includes a vehicle propelled by volatile spirit, steam, gas, oil, or electricity. However, hydrocarbon produced other than from petroleum is a possible fuel of the near future and may not be covered by the definition of ‘volatile spirit’. This means that a motor vehicle, an otherwise ordinary car, propelled by such a hydrocarbon would potentially not be a motor vehicle for the purposes of the act. The bill amends the definition of motor vehicle in section 125 in anticipation of such motor vehicles appearing on the market.
The act also currently allows for the minister responsible for the act to make declarations effectively excluding application of the act to certain motor vehicles. This includes section 125 which provides for the declaration of a vehicle as not being a motor vehicle for the purposes of the act, and section 169 which provides for the declaration of the type of commercial vehicles to which the obligation to repair under warranty does not apply. The current process to exclude vehicles from the application of the act, under sections 125 and 169, requires that the minister place a notice in the Gazette. It can be difficult for both consumers and traders alike to keep a track of these exemptions or to locate this information. The bill amends the act to change the process of giving these exemptions under the act from one where the minister makes a declaration to one where regulations are made. Changing the process to place the exemptions in the regulations will make this information more accessible. In order to clarify current exemptions and make them transparent, they will be remade by new regulations.
A number of statute law revision-type amendments are also made. In particular, the Schedule amends the penalty provisions throughout the act to omit the specific provisions providing that the penalty for a breach of the act by a body corporate is five times that of the penalty for an individual. The reason is that the Justice Legislation Amendment Act 2006, passed in April 2006 sittings, amended the Interpretation Act so that the penalty for a body corporate is automatically five times that for an individual. Parliamentary Counsel will, in future, automatically make such statue law revision changes to legislation whenever an act is to be amended. The amendments to the penalty provisions have no effect on the actual penalties that can be applied either to individuals or corporate bodies.
Mr Acting Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
VEXATIOUS PROCEEDINGS BILL
(Serial 60)
(Serial 60)
Bill presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I move that the bill be now read a second time.
A vexatious litigant is a person who frequently and persistently seeks to commence litigation without any reasonable grounds. Such people can repeat arguments which have already been rejected by the court, disregard the court’s rulings, or generally attempt to abuse the court process.
The Northern Territory courts have, over the years, experienced their fair share of such litigants. Not only do these people waste public resources by taking up the court’s time, they also cause harassment, annoyance and expense to those who are forced to defend matters which lack a reasonable basis. Despite this, it is vitally necessary to exercise care to ensure that the fundamental right of citizens to approach the courts to seek justice in accordance with the law are maintained.
This bill finds an appropriate balance. On the one hand, it restricts the actions of vexatious litigants while, on the other hand, it maintains safeguards which enable these people to still commence a legal action where it is appropriate and founded.
The bill was developed through the forum of the Standing Committee of Attorneys-General, and is based on a model bill which was developed after much consultation with stakeholders around Australia. Although there are some variations in the bills which are now being developed in the other states, the uniform approach to vexatious litigants will discourage them from forum shopping, curtail litigants acting in concert, and enable similar consequences to flow from one jurisdiction to another.
Currently, there are provisions in both the Supreme Court Rules and the Local Court Rules which allow a court to stay proceedings or give judgment on the basis that a claim or proceeding is scandalous, frivolous or vexatious. However, there is no power to prevent a vexatious litigant from issuing further proceedings. This bill gives the Supreme Court the power to make a Vexatious Proceedings Order which prohibits or limits the right of such a person to take or continue to take legal action.
Vexatious Proceedings Orders may only be made by the Supreme Court. It is considered that any power to curtail a person’s common law right to institute legal proceedings must only be vested in a jurisdiction’s superior court, the Supreme Court. A similar view was reached in other states, although only the Supreme Court has the power to make Vexatious Proceedings Orders or grant leave related to vexatious litigants, this power extends to the making of orders concerning a vexatious litigant in any court or tribunal in the Northern Territory. Similarly, the Supreme Court has the power to determine an application made by a vexatious litigant for leave to bring proceedings in any court or tribunal in the Northern Territory.
Before the Supreme Court can make a Vexatious Proceedings Order, the court must be satisfied that the person has frequently instituted or conducted vexatious proceedings, or that the person is acting in concert with such a litigant. The definition of ‘vexatious proceedings’ includes proceedings that are an abuse of the process of the court, instituted to harass or annoy, cause delay or detriment, or pursued without reasonable grounds. All orders made in Australia can be considered by the Supreme Court in reaching its determination, including proceedings which were instituted before the commencement of this legislation.
If the court is satisfied that the person has met the threshold test, the Supreme Court may make an order staying all or part of any proceedings in the Territory already instituted by the person and/or an order prohibiting the person from instituting proceedings in the Territory. Once the order is made, the person or anyone else acting in concert with the person, cannot institute further proceedings without the leave of the court.
However, the bill balances this limitation on the right to bring a legal action by providing that the Supreme Court may not make a Vexatious Proceedings Order until the person in question has had the opportunity to be heard. The bill also provides that a person, the subject of a Vexatious Proceedings Order, may apply to the court to have that order varied or set aside.
In addition to the Attorney-General, Solicitor General or a Registrar of the Supreme Court, members of the public who are aggrieved by vexatious litigants may also apply to the court for a Vexatious Proceedings Order. This means that the bill is accessible to all people who have suffered as a consequence of a vexatious litigant. In order to ensure that this process is not abused, the leave of the court must first be obtained.
The bill also ensures that a person who is the subject of a Vexatious Proceedings Order may still initiate a legitimate legal action, such as a personal injuries claim, with the leave of the court. However, there is no appeal from the decision of the court to dismiss the application. A decision by the Supreme Court is made after consideration of all the relevant facts. It is considered necessary to block off another avenue of appeal, as vexatious litigants tend by their nature to take action in any way possible to question a court’s decision, regardless of the merit of their position.
Mr Acting Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.
Debate adjourned.
WATER EFFICIENCY LABELLING
AND STANDARDS BILL
(Serial 59)
AND STANDARDS BILL
(Serial 59)
Bill presented and read a first time.
Ms SCRYMGOUR (Natural Resources, Environment and Heritage: Mr Acting Speaker, I move that the bill be now read a second time.
This bill creates the Water Efficiency Labelling and Standards Act, which aims to encourage the conservation of water supply by reducing water consumption; provide information for purchasers of water use and water saving products; and promote the adoption of efficient and effective water use and water saving technology.
The growing demand for water in urban areas is a major policy challenge for all Australian jurisdictions. Technologies to increase the efficiency of water use in urban areas are readily available but are not being widely adopted; in part because purchasers do not consider water efficiency information when buying appliances such as toilets, dishwashers and washing machines. One way to provide this information in the marketplace is through water efficiency labelling. A voluntary Water Efficiency Labelling Standards scheme has been in existence since 1988. However, because of the voluntary nature of the scheme, the coverage and impact of the existing program has been limited. Few suppliers have chosen to label and those who have only label their best-performing products.
The purpose of the WELS scheme is to conserve water supplies by reducing water consumption through the adoption of water efficient appliances. Cost-effective products to increase water efficiency are readily available but are not widely adopted because there is a lack of information at the point of sale. Where this information is available it is often not in a form that would allow a consumer to directly compare the efficiency of competing appliances, and the lack of accessible information at the point of sale is a significant barrier to the uptake of water-efficient products. The WELS scheme aims to inform consumers about the relative efficiency of products, making this information readily available and will encourage manufacturers to produce, and consumers to buy, more efficient appliances. In this way, the requirement to label appliances helps shift the market towards more efficient appliances.
The legislative approach is a national legal framework where Commonwealth legislation is mirrored by state and territory legislation. Under this approach, the Commonwealth legislation applies to corporations and importers. The state and territory legislation applies to businesses that are beyond the limit of Commonwealth constitutional power, such as unincorporated businesses. The Commonwealth Water Efficiency Labelling and Standards Bill 2004 was passed by the Senate on 8 February 2005. The legislation adopted by states and territories will provide for the conferral of relevant powers and functions on a Commonwealth-based WELS regulator. The regulator will oversee the registration of WELS products to which the mandatory labelling and standards provision apply, and will monitor and enforce compliance with the scheme. Most jurisdictions in Australia have already introduced mirror legislation.
Water use products such as clothes washers, and water saving products such as waterless urinals, may be determined to be WELS products by the relevant Commonwealth ministers in consultation with the states and territories. WELS products cannot be sold unless they have been registered with the regulator. The bill contains the provision enabling the Northern Territory to pass a regulation that would prevent such a determination from having effect in the Territory. It is not expected that this provision would be used other than in circumstances where there are compelling reasons for doing so.
The WELS scheme may require registered products to be labelled. Product labels must be designed in accordance with the WELS scheme standard and show the water efficiency rating and general performance rating of the product. The WELS scheme may also establish minimum standards for WELS products in relation to water efficiency and general performance. A product that does not meet the minimum standards will not be registered by the regulator and therefore cannot be sold in the jurisdiction that has adopted the WELS scheme.
The scheme commenced voluntary participation from July 2005 with mandatory requirements commencing July 2006. This voluntary labelling period of 12 months has provided time for manufacturers to test and register more than 3000 appliances and fixtures so as to meet the requirements of the scheme. The 12 month voluntary period has provided distributors and retailers of WELS products with an adequate opportunity to adjust their product range by the time the WELS scheme becomes mandatory.
From 1 July 2006 it will be an offence to supply a WELS product that is not registered. That requires labelling in accordance with the standards. If it is not labelled it does not meet minimum WELS standards for water efficiency and minimum general performance. The bill also specifies offences in relation to the act of misuse of WELS standards and related information. The regulator may seek an injunction in the Federal Court to prevent a person from engaging in an activity that is contrary to the act. Inspectors may be appointed by the regulator to determine whether a person is complying with the act or to investigate a possible offence. If necessary the investigator may apply to a magistrate for a warrant to enter premises used for, or connected with, the supply of WELS products. A regulator may require a person by means of a written notice to provide WELS-related information to an inspector or to appear before a WELS inspector. Failure to provide information or to appear before an inspector is an offence. A regulator may cancel or suspend the registration of a WELS product if the conditions of registration are not complied with and the information provided to support the application was not accurate or is no longer accurate because of the changes to the product.
A person whose application to register a WELS application that has been rejected, or who has had a WELS registration suspended or cancelled may seek an internal review by the regulator of the regulator’s decision. Such a person may also seek a review of the regulator’s decision by the Administrative Appeals Tribunal. The Department of Natural Resources, Environment and the Arts will administer the scheme in the Northern Territory with the support of the Northern Territory Office of Consumer Affairs. From the Northern Territory perspective, I anticipate the Commonwealth government will take timely responsibility for pursuing action under the scheme.
The WELS scheme will initially include mandatory registration and labelling for showerheads, clothes washers, dishwashers, toilets and taps. Additional products such as evaporative cooling units and water heating and storage units could be brought into the scheme at a later stage. New products proposed for inclusion in the scheme would be subject to cost benefit analysis and public consultation.
The WELS scheme will initially apply a minimum standard only to toilets for which a plumbing standard already exists. This will not impact adversely on Australian manufacturers since toilets manufactured in Australia are already efficient dual flush systems. The minimum standard will prevent the import of single flush toilets.
In late 2002, the Commonwealth Department of the Environment and Heritage commissioned a feasibility study to examine the potential for and impact of introducing a national mandatory WELS scheme as a method of reducing urban water consumption. This study found that implementing the WELS scheme nationally would conserve 87.2 billion litres of water per year and generate nett savings to consumers of $900m by 2021 and have an overall benefit cost ratio of 4.0. From the resource cost perspective the projected nett benefit for Australia from WELS is about $386m per annum with a cost benefit ratio of 3.2.
The study also found that the introduction of the WELS scheme would see a reduction in greenhouse gas emissions from electricity and water use by reducing the amount of hot water used in showers, taps, clothes washers and dishwashers, and the electricity required for pumping potable water and waste water. The WELS study did not examine each jurisdiction separately and, therefore, there is no information on the savings, costs and benefits to the Territory available from the study.
However, the Institute for Sustainable Futures undertook the Alice Springs Water Efficiency Study in 2003 which identified a number of savings possible including a water efficiency program which would include a retrofitting of water efficient fittings and appliances. It is estimated that in Alice Springs, based on the 50% uptake, the savings would be in the order of 118 mL per annum, or approximately $80 000 for consumers. As a consequence of the study, the Alice Springs Urban Water Management Strategy was developed to encourage a shift to more water-efficient products. This strategy outlines the need for regulatory intervention to complement strategies like community education.
A number of election commitments were made in 2005 regarding water conservation, including a $50 rebate for those purchasing water safety devices in Alice Springs and Tennant Creek, and a doubling of funding for Cool Communities to $100 000 to encourage, among other things, water conservation. An example of a similar and successful scheme is the National Appliance and Equipment Energy Efficiency Program, where labelling and minimum efficiency requirements are specified in the relevant Australian standards, given effect by regulation and managed by government agencies.
The Territory community is right to expect that our valuable water resources are used efficiently. The government is committed to providing a reliable, affordable and sustainable supply of water to the people of the Northern Territory. The Water Efficiency Labelling and Standards Bill is an important mechanism to water security in the face of population growth and climate change.
Mr Acting Speaker, I commend the bill to honourable members.
Debate adjourned.
JUDGES AND ADMINISTRATORS PENSIONS LEGISLATION AMENDMENT BILL
(Serial 51)
(Serial 51)
Continued from 4 May 2006.
Ms CARNEY (Opposition Leader): Mr Acting Speaker, this bill is supported for all of the obvious reasons. I am sure the Attorney-General would not expect anything vaguely resembling opposition to this bill.
I am always torn as to whether I should go through and restate parts of the Attorney-General’s second reading speech just to assure Territorians that yes, I have read the bill and, yes, I have understood it …
Dr Toyne: No, we will deem it.
Ms CARNEY: I will not go through it. It is obvious to anyone why these changes need to be made. However, I just make a couple of points. This is about, as the Attorney-General correctly said, removing sexually discriminatory legislation and replacing it with laws that treat men and women equally. Hear, hear, Attorney-General, it is not possible to agree with you more.
The reason these amendments have become necessary was that they arose out of some unforeseen difficulties with the Law Reform (Gender, Sexuality and De Facto Relationships) Act of 2003, commonly known as the gay law reform bill; a bill which I supported in its entirety, save with some reservations in relation to increased sentences for child abusers. I made my position clear on that. I do not think I would have ordinarily gone on to make the point I am about to but for the editorial in today’s NT News. I cannot begin to imagine who would have written that, or where on earth they are coming from. However, let me make it abundantly clear, whereas the author of the editorial has made the reference that the CLP said two year’s ago it would repeal Labor’s law, in other words, middle aged men would be able to use the barbarous custom of promised brides as a defence for having sex with 13-year-old girls and now it says exactly the opposite. No it does not.
I make two points. That part of the debate about the defence of customary law and the circumstances to which this relate has not featured at large in the debate that we have had in this country over the last month. The issue is customary law for sentencing purposes. I have been on the record consistently. I have made two attempts to persuade this government to get rid of customary law for sentencing purposes, so why on earth the author of the editorial would say that we are now saying exactly the opposite is beyond me.
Can I say, for the sake of completeness and clarification, Mr Acting Speaker, that, under my leadership, the gay law reform bill will not be changed - will not be changed.
I do, however, make one other point. When the Attorney-General says, in his penultimate paragraph, that this bill we are talking about is the government’s commitment to removing sexually discriminatory legislation, then I would ask the Attorney-General, with his colleagues, to revisit the case for removing customary law from section 5 of the Northern Territory Sentencing Act. The reason is I do not believe it is consistent to say in the second reading speech we are about removing sexually discriminatory legislation, and yet, at the same time, allow customary law to be used every day, or most days, in courts in the Northern Territory by violent Aboriginal men. My position is clear. I am grateful in a sense, although I did not expect to use this as an opportunity to clarify my position as Leader of the Country Liberal Party and as Leader of the Opposition, and I hope that has put an end to the mischief making that has been undertaken by some.
Back to your bill, minister, it is supported for all of the obvious reasons.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I welcome the opposition’s support. I must say, I expected it would be there, given the nature of the amendment. It is simply a detail that follows on from the reforms we did in the last period of government. It is very important that we respond to this issue which was brought to us by the judiciary. This tidies it up and brings our judges and administrators into line with the quality measures that have been applied generally in the community.
We will continue to scan our Territory legislation, and if there are any other anomalies such as this, we will be prepared to act on them. I thank the opposition for the support. I guess we will have the debate on customary law in another place and in another time.
Motion agreed to; bill read a second time.
Dr TOYNE (Justice and Attorney-General)(by leave): Mr Acting Speaker, I move that the bill be now read a third time.
Motion agreed to; bill read a third time.
MOTION
Note Paper – Auditor-General’s February 2006 Report to the Legislative Assembly
Note Paper – Auditor-General’s February 2006 Report to the Legislative Assembly
Continued from 14 February 2006.
Ms MARTIN (Chief Minister): Mr Acting Speaker, my ministerial colleagues and I appreciate the importance of the role of the Auditor-General in the good governance of the Northern Territory. His comments are taken most seriously and are given due consideration by ministers and chief executives alike. His six-monthly reports are tabled in this Assembly each February and each August, and are an important element in the fabric of government accountability.
Matters in the report include compliance by public sector managers with legislative requirements; financial and performance management; analysis of financial and other performance information; as well as general comment on matters arising from audits conducted. In addition to reporting to the Legislative Assembly, the Auditor-General brings these matters to the attention of agency chief executives for their consideration and action as necessary.
In this latest report, the Auditor-General reports a shift towards statutory financial audits, away from compliance and performance management system audits over several years, and that this trend will likely accelerate. He further reports that in the wake of recent examples of significant corporate fraud, the provisions of the Australian Auditing and Assurance Standards have been strengthened to place an increased responsibility on auditors to consider fraud and its effects upon financial reports and performance.
The Auditor-General has emphasised the importance of chief executives being alert to the possibility of fraud, and commends rigorous procedures in order to reduce the risk of this happening. Certainly all agency heads will work closely with the Auditor-General to achieve that.
In areas under my charge, the Auditor-General in this February report looked at the Northern Territory Major Events Company, the Tourist Commission, which is now Tourism NT, and Territory Discoveries. I am pleased to say that all three met audit requirements. They were given unqualified independent audited opinion. The three elements under my charge which were audited by the Auditor-General came up very well.
On behalf of the Minister for Essential Services and Minister for Business and Economic Development, I will respond to issues raised by the Auditor-General to do with his portfolio.
The first one under the Department of Business, Regional and Economic Development was the Auditor-General noted that with Desert Knowledge Australia and their annual report of 2004-05 there had been a failure to appoint a board for Desert Knowledge Australia, as was required by the act we passed, the Desert Knowledge Australia Act 2003, section 11. In his financial analysis, the Auditor-General noted that DKA was in a sound financial position as at 30 June 2005, and the clarification of ownership of the Desert Knowledge Precinct was also raised as a minor issue.
The agency, and the minister, in response would like to say that the Auditor-General was advised on the ownership of the Desert Knowledge Precinct. The government has decided that a long-term Crown lease should be issued to Desert Knowledge Australia for the Desert Knowledge Precinct. This will occur once an indigenous land use agreement has been registered by the National Native Title Tribunal, and the now three separate lots involved are formally consolidated into one. Lhere Artepe in Alice Springs has formally agreed to the indigenous land use agreement, and the matter will now be considered by government.
The second issue was the appointment of the Desert Knowledge Australia Board. The DKA interim board retired on 23 March 2005 in accordance with the act, and the full board was not formerly appointed until 9 February 2006. The DKA annual report required by statute to be submitted by the board was submitted by the Chief Executive Officer in the absence of this board. Advice from the Department of Justice was sought when it became apparent that the new board would not be in place in time to formally submit the annual report. The department advised provisions of section 31 of the Desert Knowledge Australia Act 2003 enabled the Chief Executive Officer to: ‘Do all things that are necessary for the proper management and administration of DKA’. This was interpreted as enabling the Chief Executive Officer to submit the annual report in the absence of the board. This advice was included in the annual report, and was subsequently accepted in the Auditor-General’s report, with the proviso that the matter be rectified as soon as possible.
There is some history leading up to this position and I would just like to go through that briefly. The appointment of the Desert Knowledge Australia board requires half of its members to be appointed by the society of participants or network members of the DKA. In relation to members directly appointed by the minister, the request was made by me, the Chief Minister, to the Prime Minister and premiers of Queensland, South Australia and Western Australia to propose possible members. This resulted in 28 names being put forward. One of the strengths of DKA is that network it has around Australia. It was considered important for the chairperson to be appointed as a first step, and for that person to advise the minister on the selection of ordinary members.
The Hon Fred Chaney, AO, visited Alice Springs in late April 2005 to discuss his interest in taking up the role of chair. Prior to finalising the arrangements, the election last year was called and government went into caretaker mode. DKA was subsequently transferred to the Regional Development portfolio from the Department of Chief Minister in the subsequent restructure of government. That required changes to administrative procedures. Fred Chaney then went on two months’ leave, delaying the appointment.
Approval of the former federal minister for Aboriginal Affairs, Philip Ruddock, was sought in the interim for Mr Chaney to be released from his full-time work obligations with the National Native Title Tribunal for periodic duties as chair of DKA. A formal agreement was prepared with the Tribunal for reimbursement and indemnification in regard to his work. Fred Chaney subsequently advised on the selection of 10 ordinary members, and the appointment of the full board was finalised by formal instrument on 9 February 2006.
My thanks to the Auditor-General for picking up that issue. It was one of those things where there was a history. We were determined to get a very effective chairman, one with a commitment to the broad Aboriginal area, to economic development in Aboriginal land, and Fred Chaney was interested. There were just a few things that had to be got out of the way before he could take on the chair of Desert Knowledge Australia. We are pleased we got there. It was difficult from time to time, particularly getting the arrangement with the National Native Title Tribunal, where he works. I am delighted that Fred Chaney is on board, and I believe that as chair of DKA he will certainly make a difference.
The other audit I wanted to talk about was the one affecting the Power and Water Corporation. The audit for the Power and Water Corporation for the year ending 2005 resulted in a qualified independent audit opinion. The Auditor-General was unable to determine whether the fair value of property, plant and equipment did not differ materially from the carrying amount at 30 June 2005. There has been a fair bit of discussion with the Power and Water Corporation, and the corporation has responded that the qualification is a technical one associated with the operation of accounting standards. The corporation has initiated a project to physically verify and value all property, plant and equipment. Project scope and tender documents are currently being prepared while the project is expected to be under way by May 2006. Because of that qualified audit, Power and Water is taking some direct action. The issue of valuation of property, plant and equipment is an important one and Power and Water is taking the necessary action.
From my point of view, and on behalf of the Minister for Business, Economic and Regional Development and Power and Water Corporation, I thank the Auditor-General for this latest report. His oversight of governance and financial management in the Territory is important and each and every one of the ministers and the chief executive officers in government take his reports very seriously.
Mr MILLS (Blain): Mr Acting Speaker, the role of the Auditor-General is a critical one which adds credibility to the role of government - as the opposition knows only too well It is an important one to respect if we want to strengthen the notion of democracy and reinforce the ideas that are given voice by government; that is, openness, honesty and transparency. They can be properly assessed if you have fully-fledged and independent operators such as the Auditor-General who is able to provide independent advice and comment on the books.
To that end, I ask members opposite to ensure that they read the Auditor-General’s report. It is instructive and it provides the other side of the story. It is independent. If it is critical of government, I urge honourable members not to immediately jump on to the defensive but to have a look at it and to assess and weigh it up - just as we heard the Chief Minister respond to a number of issues that were raised in the Auditor-General’s report in a generally satisfactory manner; that is the purpose of this. If we do not have that independent audit, that outside voice or those set of eyes looking across the books, this notion of democracy is seriously challenged and compromised.
I thank the Auditor-General; I appreciate his role. He makes himself available to all members of parliament to help us understand how the finances of the Northern Territory are tracking, and equips us to do our job. Members of government who were in opposition know well how important the role of the Auditor-General is in allowing us to conduct our business in a truly honest, open and transparent way.
On that, I place before government consideration of the resourcing of the Office of the Auditor-General to ensure that he is properly resourced to conduct the audits that are necessary. There would be nothing more offensive to the conscience of any member if the role of that independent investigator is curtailed in any way. In the same way that the role of the Auditor-General was supported when members opposite were in opposition, I ask that it continue in the same way. If any issue is raised - granted there are 19 members in here and the political objectors operate larger than they ought - nonetheless, this role must remain strong.
The only comment that opposition seeks to make is regarding the querying of the state of the Northern Territory budget and the management thereof by the Northern Territory government - the Labor Party - in regards to the blowing out of wages and the increase in the costs of running government.
If we did not have the Auditor-General to make these observations, then it would be left to four members in this Chamber, and anyone who has the time and the expertise to be able to assess the books of government and make such claims - which could easily be swamped and howled down by the strong and assertive voices of government. To have that voice assess independently and make comment regarding the increased cost of government, particularly in the wages section, is cause for genuine concern. I will focus my attention on that point – not as an opportunity to criticise the government and claim a political point but to assess the way the government is managing the budget.
I intend to be here for some time, as do other members. Roles could be reversed. With the way the business of the Territory is being conducted at the moment, I am concerned with what lies ahead. If the cost of running government is blowing out, with the expectation that money will just flow in from outside, it is not a sound basis on which to conduct the affairs of the Northern Territory. I do not know of any business that can increase its wages line by 12% and expect to be able to remain in business just because the cheques seem to pile up in the letterbox unexpectedly and the cash seems to flow. The real world does not operate like that. No business in Winnellie or Berrimah, or any of our school centres would operate …
Mr Stirling: Government is not a business. We do not make profits. We provide services.
Mr MILLS: You have to be able to sustain the delivery of those services in the long-term, way beyond the pressure of achieving the core objective of government; to remain elected. To look good up until the next election and spend like there is no tomorrow, rather than leave a legacy of strengthening the core of the Territory economy; empowering small businesses; passing on the largesse to small business operators. - they are the Territorians who take the risk - and to actually invest and build a stronger domestic base for the growing of the Northern Territory economy. Pass it out rather than to take it in; become self-indulgent and spend on the apparatus of government with the capacity you have been given due to the fact that you have so many members in here and your decision is to deal with one objective – get re-elected. In order to get re-elected …
Mr ACTING SPEAKER: Member for Blain! Can I ask what is the relevance of this?
Mr MILLS: The relevance of this, if you have been following the debate …
Mr ACTING SPEAKER: I am, member for Blain.
Mr MILLS: The relevance is that the wages bill is blowing out. The Auditor-General confirms that is the issue, and the implications therein are what I am describing at this point. It is relevant, totally relevant. It might be a little sensitive for members of government to weigh these words on their conscience, but that is a fact. That is what the Auditor-General’s comments are there for. Therefore, they are relevant, because they have an effect on how the business of the Territory is being conducted.
Whatever sort of business you are in, government is in the business of running the Northern Territory, not just to get re-elected, but to leave a legacy, to build a base, to strengthen the core, to serve. Therefore, if it is to provide services, they must be done in a sustainable, long-term manner, not in a short-term manner which serves the core objective – get re-elected, look good, spin hype and gloss. That is why you would end up in a situation as this Labor government and any other Labor government, and Auditors-General around the country are observing this trait of Labor governments. It is a distinctive trait right around the country, they become large and fat and self-indulgent. That one line in the Auditor-General’s report reaffirms that this is happening here in the Northern Territory.
It would be palatable to some slight degree if there was a vision, a clear direction which exceeds the considerations political – get re-elected. It would be palatable to some, particularly the true believers amongst us, and particularly those Labor true believers who want to use the opportunity that you have been afforded, the great privilege you have been afforded, to deal with some of the issues that are close to your heart. But, no, let us just enlarge the public sector. Let us just invest in the apparatus of government, particularly in very senior levels of the public sector who are generally focused on looking after government than trying to provide advice. The organ of government, the public sector, as we all know, is there to serve the public, as the government is there to provide that visionary leadership.
It is on that specific point that the opposition will continue to comment. It is with some interest that I wait for the next report from the Auditor-General. It is also of some interest to note that this Auditor-General’s report has sat on the table for some time and not been commented on officially in this parliament. Nonetheless, the opposition on behalf of all members, recognises and values the important work of the Auditor-General. With those comments, we support and congratulate the Auditor-General, and long may he operate, particularly in his interests in looking at the waterfront. We need the independent eyes of an agent of parliament to assess and weigh aspects related to the waterfront. That, I am sure, will be contained within a coming report.
Mr STIRLING (Treasurer): Mr Acting Speaker, I too commend the work of the Auditor-General. The work he does is greatly appreciated by government and by my agency, the Northern Territory Treasury. I say clearly that all Territorians can have the utmost confidence in government finances and the reporting and recording of all government transactions and what governments do in the Northern Territory whilst the Auditor-General is in the chair. The Auditor-General has extremely wide-sweeping powers to investigate all manner of government expenditure, and he does so on a regular basis with a team of auditors contracted from the private sector, and reports twice yearly as the Chief Minister was telling us. We appreciate the level of confidence that the Auditor-General’s scoping studies provide government and all Territorians.
I saw a media release from the member for Blain recently - perhaps I will go back a bit before that. It was a comment I made earlier in the year about the cost of running government in the Northern Territory. If we did not put on one more public servant, if we did not create one extra new initiative, it would cost government around $70m next year to provide the same level of service and delivery that we are providing this year. The outrage from the member for Blain was palpable. He said: ‘What do they do with that money – how inefficient can that be?’ Well, if he had stopped and thought before he opened his mouth and made himself look so stupid, that $70m represents about 2.5% or 3% growth on current government expenditure. That is around $70m in CPI, the cost of inflation, in delivering services if we never put on one extra public servant, if we never changed from year to year what we are doing. He needs to stop and think sometimes before he challenges and makes these outlandish public remarks about waste and inefficiency. He could backtrack in percentage terms to realise that $70m is no more than a rough indicator of how CPI is travelling.
In the last couple of days, I saw a media release about how inefficient government is with the increased numbers of public servants and the costs of running government, and business cannot run like that, and if it were a business it would go broke. The member for Blain has to realise the government is not a business. Government is not there to make profit. Government is there to deliver services and it is there to deliver services as its responsibility to all citizens of the Northern Territory.
In fact, as the Auditor-General comments, over 50% of government outlay and expenditure in any one budget year is on the three key service delivery agencies of health, education and police, the three agencies, in particular, that our predecessors let run down so miserably and neglected toward the end of their 26 years in power in the Northern Territory. That is why there has been an increase in public servant numbers: we have put on extra nurses, doctors, and teachers, and we have put on 200 extra police. Our predecessors had allowed those services to run perilously thin and under-resourced in the latter part of their term on the Treasury benches.
Do not come in here and sledge us about it being out of control. It was all necessary expenditure. We go to the example of secondary education in remote communities. Indigenous students in remote communities were not qualified in the eyes of the Country Liberal Party to receive a secondary education. Why? We do not know. Was it because they were not good enough? Was it because they were black? Was it because: ‘Oh well, you cannot teach them anything anyway. Do not worry about it’. In fact, we are rolling through and will continue to roll through at great cost. It is expensive to put secondary teachers, high schools and specialist teachers out in remote communities. You need to house them and housing comes at an ever increasing cost in the Northern Territory. We are doing that because as a government we believe all Territorians have a right to a quality education no matter where they live. If that happens to be a remote and high cost community to service, so be it. So be it. We will deliver that service and we will go on delivering that service.
For the member for Blain to come in here and say if we were a business we are going broke, he simply does not understand. He has never been a minister, he does not understand the business of government; that is, government’s role, especially at the state and territory level, is to deliver services. Those services are around the safety of its citizens, with police and law and order, the education of its citizens through our education system, our schools and our teachers, and the health of its citizens through our hospitals, our health clinics, our doctors and our nurses. He needs to understand the difference between government and business. Business is there to make a profit. It is not there to look after the people; it is not there to deliver services and not worry about the bottom line. Business is there to make a profit, either for its owner, or for its shareholders in the event that it is a major company.
How would the Northern Territory government look in the eyes of the other states and even the federal Treasurer if what we were doing was trying to make a profit, trying to save money every year? Territorians would be deprived of services. Also, our colleagues would be starting to look over their shoulder at the grants that we receive from the Commonwealth not being spent, not being acquitted against what those grants were issued for, if we were seen to be just trying to make a profit.
A big difference between business and government is one makes profits, the other delivers services for the betterment of the community and its citizens overall. The sooner the member for Blain appreciates that very real difference, that we are not in the business of making profits, we are in the business of providing as high a level of service to our citizens as we can, the better shadow treasurer he will make.
The Auditor-General’s report on the 2004-05 Treasurer’s Annual Financial Report is positive, and it has no specific matters or recommendations arising. The Auditor-General concludes the fiscal targets have either been achieved or are still achievable. Whilst concluding that strong economic growth in Australia was mirrored in the Territory with the level of private sector economic activity reflected in the growth of Territory own-source revenue, he does caution the rest of the Territory, as noted in all budget publications, of the heavy dependence on Australian government funding. This is in particular with the goods and services tax growth estimates, of which the rate of growth is slowing, should fall below the rate of growth of expenses.
The key points raised in the report are noted following. The key finding of the Auditor-General - the audit opinion on the Treasurer’s Annual Financial Statement - continues to comprise two parts; one qualified and one unqualified. The Treasury response - the two-part audit opinion - has been provided since 1998-99 and is a technical qualification, as the Territory chooses not to comply with Australian accounting standards. The Auditor-General comments that the external reporting standard used for the Treasurer’s Annual Financial Report may, in fact, be considered more appropriate for the public sector. It is expected that once harmonisation of the accounting standards and ABS reporting is achieved, likely around 2007-08, there will be no longer a need to issue such a technical qualification into the future.
The Auditor-General, under operating results and financial position, states that the revenues of tax-supported general government sector for 2004-05 increased by $125.8m, compared with the actual results of 2003-04, and exceeded the original budgeted revenue by $158.7m. The Treasury response to that point of the $125.8m increase: GST revenue rose by $59m; other Australian government grants increased by $13m; taxation revenue increased by $37m largely due to economic activity; increase in payroll tax, despite the fact that we reduced payroll tax over a period of three years; stamp duty on conveyancing and gambling taxes; sales of goods and services increased by $6m due to increases across a variety of agencies and other revenue increased by $11m due to higher royalties and tax equivalents and dividends from government trading entities. These increases also largely account for the $158.7m increase on original budget.
The Auditor-General states that GST revenue for 2004-05 increased by $58.7m compared with 2003-04. The rate of increase in GST revenues for 2004-05 also slowed compared with the previous year. Treasury comment: expenses for the total public sector in 2004-05 were $109m or 4% higher than those for 2003-04. The most significant increase related to employee expenses to include EBA increases, superannuation expenses following actuarial assessment and accrued employee expenses. The deficit of the non-financial public sector is largely the result of the $97m cash deficit recorded in the public non-financial corporation sector due to the high level of capital works undertaken in this sector during 2004-05.
The Auditor-General also commented on the analysis of fiscal management of the financial condition of the Northern Territory. The Northern Territory government, on the general government sector basis, recorded a cash surplus of $51.4m for 2004-05, an improvement on the 2003-04 result of $36.1m. We are constantly lambasted by the opposition that we are a government out of control which cannot rein in expenses. Yet, in 2003-04 - I put on the record again – there was a surplus of $36.1m and a surplus of $51m the next year. On the one hand, we blow the books, we cannot control expenditure, but the last three years have, in fact, all produced surplus budgets.
While the direct borrowings of the non-financial public sector declined for the year, the nett debt position did deteriorate. This reflected increased cash outflows associated with investing activities, coupled with increased liabilities in respect of deposits and advances received. The Auditor-General also said total employee-related liabilities for the public sector as a whole were $1.995bn at 30 June 2005, compared with $1.817bn at 30 June 2004. The Treasury response in both of those: improvement in cash outcome from 2003-04 was largely due to the increased revenue noted previously not being fully matched by additional expenditure; $51m surplus recorded was predominantly in line with the $46m outcome estimated in the May 2005 budget; the marginal decline in nett debt was a result of the $97m cash deficit recorded in the public non-financial corporations sector; the actual recorded nett debt of $1656m was in line with the $1653m estimated at the time of the May 2005 budget - and a considerable improvement at that time on the nett debt level that we had when we came to government which stood then at about $1723m.
That is not a sign of a government out of control and reckless with its spending because, whilst we have produced three surplus budgets in a row, that has reduced, in effect, the requirement for borrowings and, of course, the ability to knock off some debt. We saw over that period, 2001 to the time of the May 2005 budget, a decrease in nett debt - $1723m, I think, inherited at the time we came to government in 2001, standing at $1653m at the time of the May 2005 budget. The largest component of the employee liability is the superannuation liability which increased following actuarial reassessment.
I am always interested when the member for Blain makes comment on matters like this and then does not hang around for the answer. I do not know why that is. If he did, and if he sought comprehensive briefings on a regular basis around these sorts of issues - whether it is the Auditor-General’s report, the Treasurer’s Annual Financial Report, or the Treasurer’s Annual Financial Statement - I am sure his understanding around these matters would increase as, indeed, mine had to. I had to learn many things about Treasury and I am still learning today, notwithstanding I have been in that position some three years. However, it is no good, and does not serve this parliament or, indeed, Territorians very much to come in here, make generalised statements, pick up on a couple of comments of the Auditor-General, out of context from the whole picture that the Auditor-General presents, and then not hang around to hear the Treasury review and the Treasurer’s response on this. If he did, he might learn and he might be a bit more informed in the future.
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I will be very brief because the Auditor-General only made comment about one of my agencies, the Department of Justice. It was a relatively minor matter regarding the victim of crime compensation payments. The Auditor-General’s key finding was that the compensation payments were made in compliance with the Crimes (Victims Assistance) Act, so there were no difficulties with the basis on which the payments to the victims and of the legal costs involved in the scheme, had been made, all the records that were kept, and the reconciliation of those records.
The Auditor-General asked that the agency look at reconciling the various records that are kept as part of the administration of that scheme, namely, the CVA debtors ledger, the Access database, and various spreadsheets maintained by the department relating to CVA payments and recoveries from offenders. That work is now being undertaken. In my agency’s response to the Auditor-General, they record that this issue has already been identified by the agency and is being addressed. Agency staff are currently working on combining all data into one database which will be attached to the open practice file management and time recording database. The new database will contain all data that is kept by the Legal Services Division in relation to crimes victims’ assistance. Upon completion of this database, it is anticipated that the administrative efficiencies will be achieved and it will be possible to reconcile the agency’s data to GAS – the government accounting system.
The Auditor-General also made a valuation of the level of recovery of payments that were ascribed to the offenders as part of the overall judgments in these cases. He reported that there is a relatively low rate of recovery against these court orders. However, on very close examination, the Auditor-General has found that only some 14% of the files of unrecovered matters are actually recoverable when you look at the various factors that make it impossible to get recovery. I will mention a few of the things. In many cases, the offender location is unknown – that is 2%. In 2% of the cases, because of the history of the scheme, we are unable to determine if the amount was or was not recovered. In 4% of the time it is uneconomical to pursue the offender. In 7% of the time it is unlikely to recover because of the offender’s impecuniousness. In 10% of the case files, the offender is actually unknown as the victim is unable to identify them. In 15% of the open files, the alleged offender is not convicted and therefore that is unrecoverable; and 1% for other reasons. When you look at all of that, of the live files, only 14% on assessment are found to be recoverable. That information is now being scrutinised by the Auditor-General. He is satisfied that, while we need to continue the effort, if the court has made a recovery order, we should, wherever possible, be recovering that money. He has recognised the difficulties of doing that in many cases.
That is all we needed to answer. I thank the Auditor-General for his work, as earlier contributors have done. His work is very valuable in maintaining the rigour of departmental operations in both my portfolios.
Dr BURNS (Planning and Lands): Mr Acting Speaker, like other speakers, I will compliment the Auditor-General on his work. It is very important work that he does. He is an independent eye, if you like, as the member for Blain said, on the workings and accounts of government. I encourage all members to read the Auditor-General’s report; he is unbiased and is bringing a critical eye to the accounts of government.
I would also remind newer members in this place that prior to the Labor Party winning government in 2001, the previous Auditor-General used to make comments about a whole range of issues. When we met with him as the Public Accounts Committee, he was quite frustrated that there was very little response either in comment within the report from departments on the issues raised or follow up by bodies like the Public Accounts Committee on some of the substantial issues that he raised. That has changed since we have come to government.
Much of the machinery of government whirrs on and does not attract the adverse attention of the Auditor-General, nor critical attention of the Auditor-General. That is evident in his report when he talks about Corporate and Information Services which, I believe, is a very efficient department. The Auditor-General makes very favourable comment, both on the implementation of the payroll and management system of quite a large system that oversees payroll and payment through government, and also the Government Accounting System upgrade project. It is important to note that there is much work that goes on in government that occurs very efficiently. The Auditor-General generally acknowledges that in a whole range of areas through his report.
There are two areas that he does comment on in his report. One relates to the Construction Division. In quoting from page 50 of the February 2006 report, in his February 2005 report he noted: ‘shortcomings had been identified in the financial administration of the Construction Division’. That has been addressed by the department and there has been work done in the Construction Division. Basically, the department makes comment on page 53 that: ‘The preparation of the Construction Division’s financial statements was impacted by the workload resulting from the changes to departmental arrangements and the availability of skilled personnel’. The department also comments that it will make every effort to make sure that adequate resources are devoted to meeting the requirements of the Financial Management Act. It is also important to note that the Construction Division has been involved in a roll out of record infrastructure projects in terms of cash and the scope of those projects over the past four years. It is understandable, in a way, that some things have been left but the department has given an assurance to the Auditor-General that these issues are being addressed.
The Auditor-General also makes comment about the cash balances held by the Construction Division and that they have diminished. Basically, the department makes comment that the Construction Division incurs expenditure often before it can bill its clients so that explains some of that run down or decline of cash balances. It also notes that a working group has been formed to put in place appropriate controls to ensure the accuracy and frequency of the billing and debt management processes which will result in a more accurate reporting of the financial performance and position of the Construction Division.
I have been working very closely with the Chief Executive Officer of the department and with the new head of the Construction Division to look at ways of improving the performance of the Construction Division, noting all the challenges they have and that is coming forward to government. There is significant work going on there. In the Construction Division there has been a turnover of experienced personnel over the years. We are looking to the future, we are looking to implementing government’s record capital works program and infrastructure program.
The Auditor-General also makes some comments about the Port Corporation and these are comments that have been made in the successive years and really reflects the fact that there has been major development of the port. Those assets are written down; it is not a commercial activity per se. Those assets are written down so that the port can function in a businesslike way.
I have addressed all the issues that have been raised by the Auditor-General. I commend the work of the Auditor-General to this House.
Debate suspended.
VISITORS
Mr ACTING SPEAKER: Honourable members, I advise of the presence in the gallery of visitors as part of the Parliament House public tour program. On behalf of honourable members I extend a warm welcome to our visitors.
Members: Hear, hear!
DISTINGUISHED VISITORS
Mr ACTING SPEAKER: Honourable members, I also advise of the presence in the Speaker’s Gallery of the parliamentary delegation from Vanuatu: Hon Esmon Saiemon, MP, Delegation Leader and Second Deputy Speaker; Hon Moana Carcasses, MP, Deputy Leader of the Opposition; Mr Jack Eric, MP; Mr Bob Loughman, MP; Mr Ores Orrison, Delegation Secretary, accompanied by Mrs Lyn Witheridge, Assistant Director, Parliamentary Relations Office, Canberra.
On behalf of honourable members, I extend a warm welcome to our visitors.
Members: Hear, hear!
MOTION
General Business Day – Nomination
General Business Day – Nomination
Mr HENDERSON (Leader of Government Business): Mr Acting Speaker, I behalf of the Chief Minister, I nominate Wednesday, 23 August 2006 as the next day on which precedence will be given to general business pursuant to Standing Order 93.
Motion agreed to.
ANSWER TO QUESTION
Investigation into Allegations of
Obstruction of Justice
Investigation into Allegations of
Obstruction of Justice
Mr HENDERSON (Leader of Government Business)(by leave): Mr Acting Speaker, I am able to provide the House with further information in relation to a question asked by the Leader of the Opposition yesterday.
The Commissioner of Police advises me that police do not normally comment on the detail of any ongoing investigation. However, the Commissioner advises that there is no evidence that any activity by Ms Alison Anderson, MLA, has in any way hindered or interfered with any past or current investigation into child abuse.
PERSONAL EXPLANATION
Member for Nelson
Member for Nelson
Mr WOOD (Nelson): Mr Acting Speaker, the Minister for Business and Economic Development said in parliament today that the member for Nelson did not like the Wickham Point LNG Plant. His argument was that because I said the LNG plant produced masses amounts of greenhouse gases, I therefore did not support the LNG plant. This is a false argument. My statement about greenhouse gas emissions referred to a statement by the Chief Minister in Question Time that gas was a very green source of energy.
It should be noted that the NT government’s EIS Report No 24 for the LNG plant states: ‘The LNG plant will be a major producer of greenhouse emissions.’ Today, the minister for the Environment said in her ministerial report that Darwin LNG must find some way to reduce the impact of its project on the global production of greenhouse gases. The West Arnhem Fire Management Agreement does just this.
From these two admissions, I highlighted the fact that gas is not a very green energy source. For the minister for Business to use this statement to say I do not support LNG is simply untrue. In this parliament and in my time as President of Litchfield Shire Council, I have continually supported the LNG plant. I cite just some incidences where I have made this clear in this House.
On 27 November 2001, in Question Time, in my question on environmental damage at Wickham Point addressed to the Minister for Lands and Planning, I said I have always been on record supporting the Phillips Petroleum LNG Plant at Wickham Point. In reply, the minister said: ‘I am well aware of his …’, that is me, ‘… support for the gas industry’.
On 15 May 2002, in my response to the Chief Minister’s ministerial statement on Timor gas onshore, I said: ‘There is no doubt that gas onshore to the Northern Territory will bring great benefits’. I also said: ‘I strongly support the move to get gas to Darwin’ and the Northern Territory needs gas, I support the gas onshore.
On 8 October 2003, in my response to a ministerial statement on protection of mangroves in Darwin Harbour, I am on record as saying I agree with the LNG plant at Wickham Point’.
On 17 August 2004, in my response to another ministerial statement by the Chief Minister on the Timor Sea gas fields, I said: ‘I believe the project is certainly a project that is presently bringing great benefits to the Territory’.
If I have not supported LNG, then why was I chosen by the Chief Minister in 2002 to be on TNT, a group of business and community people who aimed to explore measures to ensure developers bring gas onshore? Just because LNG produces greenhouse emissions, it is not evidence that I disapprove of the LNG plant.
MOTION
Note Paper - Auditor-General’s February 2006 Report to the Legislative Assembly
Note Paper - Auditor-General’s February 2006 Report to the Legislative Assembly
Continued from earlier this day.
Ms SCRYMGOUR (Natural Resources, Environment and Heritage): Mr Acting Speaker, the Auditor-General’s report on the 2004-05 audited statements of Government Business Divisions includes the Territory Wildlife Park. There were no significant issues arising from the audit. However, in his analysis the Auditor-General made a comment on the Territory Wildlife Park’s recording a loss of $1.122m for 2004-05.
The 2004-05 Territory Wildlife Park’s losses are attributable to a reduction in the Community Service Obligations funding, resulting from a determination not to provide cash funding for depreciation. Despite this, this did not impact on the park’s operation.
Ms LAWRIE (Family and Community Services): Mr Acting Speaker, I add my thanks to the Auditor-General for his February 2006 report. As a former member of the Public Accounts Committee, I fully appreciate the fine work that our Auditor-General does, and the great advice he is providing to members of parliament in understanding the finer financial intricacies of government. It held me in good stead in my current capacity as a minister in the government.
I have had a look through the Auditor-General’s report for February 2006. I can report that it did not look at any entities relevant to me in my capacity as Minister for Family and Community Services.
However, as Minister for Sport and Recreation, the report did conduct an analysis of the Territory Motor Sports Board. There were no key findings, and the Auditor-General’s report states that there were no significant issues raised during the course of the audit. Therefore, it is a pretty clean bill of health in that respect.
I thank the Auditor-General. I have had many briefings on the financial arrangements of the Territory Motor Sports Board, and it is an important role the Auditor-General undertook to provide an audit of their finances. I thank the staff of the Auditor-General’s office; they are very competent, capable people. I know the Auditor-General has a budget that allows him to outsource work to relevant auditors throughout the Territory, and that also holds the Territory in good stead. I look forward to the Auditor-General’s ongoing scrutiny of the financial arrangements of government. His advice has always proven to be invaluable. He is a man who is held in the highest regard and esteem by those of us who have come to know him. I thank him for his work.
Mr McADAM (Local Government): Mr Acting Speaker, I acknowledge the role the Auditor-General plays in respect to governance and management of agencies, and the capacity in which he provides a independent oversight of how government operates in the Northern Territory. I, too, was on the Public Accounts Committee some years back and I truly appreciate the role that he plays. I acknowledge his professional stewardship of his function. I would also like to pay tribute to the staff who operate under his jurisdiction and also to all those people who clearly provide a role in regard to independent auditors. We acknowledge and applaud the important role the Auditor-General plays.
In response to issues that reflect on my department, the following matters were raised in relation to Territory Housing.. Firstly, that Territory Housing did not comply with the provisions of the Financial Management Act in that it did not prepare its financial statements within the period determined by the Treasurer. In response, Territory Housing agreed that delay was due to systemic issues and processing surrounding the reconciliation of Territory Housing works in progress. The issue has now been resolved and there should be no reason why Territory Housing will not meet the requirements of the Treasurer’s Direction 2.6.8 and section 10(1) of the Financial Management Act for future financial years.
In addition, the Auditor-General noted that Territory Housing’s operating deficits highlighted the inability of revenues to fund expenditures. Territory Housing has responded and generally agreed, however, Territory Housing has three distinct business lines which facilitate the delivery of government objectives, being: public rental housing, government employee housing, and home ownership. Home ownership continues to make a modest profit due to the new HomeNorth Extra scheme implemented on 1 July 2004. Government employee housing continues to makes losses. This funding is currently under review with a view to make it sustainable into the future. Public housing continues to make losses, notwithstanding there have been significant improvements in the financial performances during the last 12 months.
Third, the Auditor-General reported that the audit of the Jabiru Town Development Authority, the JTDA, was that the authority can only continue as a going concern by remaining dependent on the moratorium on the authority’s future interests and repayments of loans due to the Northern Territory government totalling $8 804 916. The JTDA operates pursuant to the Jabiru Town Development Act. Its two principal members responsible to the minister are the Northern Territory government and Energy Resources of Australia, the operators of the Ranger Mine. In the course of the development of Jabiru, the Northern Territory government provided loan funds to the JTDA to fund design services, mainly water supply and sewerage.
The expectation was that the Northern Territory would recoup its investments as further development occurred in the Kakadu region. As the Auditor-General rightly notes, the JTDA is unable to repay the loan or finance its payments from its current income. In 1986, the government granted the JTDA a moratorium. Whilst it is technically insolvent, it remains incapable of performing its functions and the government maintains a moratorium. Mr Acting Speaker, there are no current plans to change this situation.
Motion agreed to; paper noted.
MINISTERIAL STATEMENT
Twenty-Year Vision for Indigenous Housing
in the Northern Territory
Twenty-Year Vision for Indigenous Housing
in the Northern Territory
Mr McADAM (Housing): Mr Acting Speaker, no one can be blind to the national public focus on living conditions for Aboriginal Australians over the past month or so. Overwhelmingly, attention to these issues has dominated print and broadcast media. The Northern Territory has been the centre of many reports. As an Aboriginal person, as well as a minister of this government, I do not shy away from this scrutiny. In fact, I welcome it.
I make one point. Tragically, there is very little that is new in the headlines and leading bulletins. Aboriginal people have campaigned to tell their fellow Australians about the continuing crisis of Aboriginal living conditions for many years, and from time to time individual journalists have taken up the case. Again, from time to time, editorials and commentators have tried to draw the public’s attention away from sport and entertainment to focus on this ongoing blight. There has also been a long list of research reports and inquiries over many years, and parliaments, over many years, have been the focus for discussion and debate on these issues.
I will quote from the chairman of one of those parliamentary inquiries into Aboriginal health in 1979. It noted that: ‘… standard of health for Aborigines was still far lower than the majority of Australians (and that) little progress has been made in raising it’. It went on: ‘When innumerable reports on the poor state of Aboriginal health are released there are expressions of shock or surprise and outraged cries for immediate action. However … the appalling state of Aboriginal health is soon forgotten until another report is released’. The chairman of that inquiry was none other than Philip Ruddock, who was later to be Minister for Indigenous Affairs.
Therefore, in the current debate there can be no suggestion of ignorance or cover up. They are facts that are or should be well known to all of us. Nevertheless, I must thank the many people of good will out there who have been part of reminding Australians about what we should all know, and hopefully reinvigorating the debate and refocusing genuine efforts to action.
One of those has been the Alice Springs prosecutor, Nanette Rogers, and her now well known recounting of truly appalling episodes of child sexual abuse. Tragically, Ms Rogers’ information is not new. It came from a conference paper she presented almost six months before it was picked up by the ABC. It came about three years after indigenous women, including Territory women, had presented similar information to the Prime Minister. Three months before the Lateline program, I explicitly made the point in this House about the links between appalling and deteriorating housing conditions and the very issue raised by so many others. I will quote from that occasion:
- Such overcrowding is also strongly linked with massive exposure to substance abuse and household violence, not to mention sexual abuse and other violence directed against our children.
With the exception of the Sunday Territorian, this and other important elements of that statement in February went unreported. There can be no suggestion that these are issues we have ignored or avoided. Indeed, one of the hallmarks of this government is telling it how it is.
Since September 2004 with the presentation of a major policy initiative on national indigenous housing by this government to the housing ministers’ council, we have constantly pushed the case for an urgent and sustained approach to significantly increase resources in indigenous housing. We have pointed to the crying need for such an approach to be undertaken at the scale of decades and not just short term. Although we may have differences around the edges on a number of issues, I have reasonable hopes that the current Commonwealth minister for housing is starting to listen and, more importantly, to act. The fact that he is also Indigenous Affairs minister, I hope, bodes well.
I will shortly outline the foundations for future actions in indigenous housing in the Northern Territory. Our proposals are ones we will be taking up to form the basis for our discussions with the Commonwealth through COAG, through ministerial councils, and direct discussion with my federal counterpart. Before I do, I reiterate the scale of the challenges, and the facts and figures behind the challenges.
The simple truth is that in the Northern Territory and in many other places in Australia we are failing to keep up with the need for indigenous housing. The mathematics of the housing equation are that not only are we failing to meet needs, we are falling behind. This is not a truth that has suddenly fallen from the sky; it is a social reality that has been gathering pace for decades. The figures on which we base our calculations are frightening, and getting worse, and I repeat them here today.
The current estimates of unmet housing needs in the Northern Territory are at $1.2bn, up from $800m five years ago. The measure of that unmet need has not changed over those five years. We are still looking at 4000 dwellings, and this is to achieve an average occupancy rate of seven people per dwelling. We are hardly looking at a bedroom for every child, rumpus rooms and en suite bathrooms that so many other Australians might enjoy. Population growth will see the population in these communities doubling over the next 23 to 25 years. At the current rate of construction, it will take some 33 years to meet unmet needs, by which stage increased population will mean we are still 30 years behind demand. The opportunity costs of not acting now suggest that any significant delay will lead to rapidly escalating costs into the future.
Further research released by the Australian Housing and Urban Research Institute this year reveals that, on an extremely conservative calculation, the national backlog for repairs and maintenance is $705m, of which - we calculate - $256m is attributable to the Northern Territory. This has been occurring over a decade in which resources available to indigenous housing in the Northern Territory have been effectively frozen, despite escalating costs.
Since at least 1996, funding provided for indigenous community housing services to remote communities has remained the same. However, at that time, the indigenous housing program could construct new dwellings at an average cost of $120 000 each. Nowadays, it is estimated that the cost of construction is an average of $330 000 per dwelling. To put things in perspective, in 1996-97, the construction program delivered 180 new houses, the upgrade of 140 existing dwellings, and the renovation of 350 existing dwellings. In 2005-06, it is expected that the construction program will deliver the construction of 70 to 80 new houses, approximately 55% to 60% less then 10 years ago, and the upgrade of 50 existing dwellings based on the 2004-05 data or 65% less then 10 years ago. There are a number of reasons for these anomalies including: changes in methods of delivery of indigenous housing programs, significant shifts in cost drivers, and improvement in housing designs and standards.
With regard to changes in the delivery of the indigenous housing program, in 1996-97, a housing management program did not exist and there were fewer indigenous community housing organisations. The program also lacked a substantial repairs and maintenance program. This allowed for a greater allocation of funds to the construction program.
The housing program now has a significant emphasis on sustainability, as well as constructing new buildings. This means the housing budget also focuses on better housing management though tenancy and asset management services and a significant repairs and maintenance program.
With regard to changes in housing design, recent practices include constructing housing to meet the Building Code of Australia and the Environmental Health Standards aimed at providing access to standardised health hardware contributing to healthy living and coping with the harsh conditions in many remote areas. Whilst the costs of construction have increased proportionately with the introduction of the Environment Health Standards, ongoing future maintenance costs will decline. Compliance with the EHS will result in significant improvements of the lifespan of these houses.
Perhaps the most influential factor on the significant decline in construction program outputs is the increasing costs in delivering new houses and upgrading existing dwellings. This is due to a number of factors. Skill shortages within the construction industry impacts on the cost of delivering houses to remote communities, mimicking the national trend where skilled tradespeople of the Northern Territory are becoming scarce, and those who have not moved interstate are attracted to greater opportunities in the urban areas within, for instance, the Territory. There is a remoteness factor and we have the rising fuel and transport costs, and the rising material costs, especially steel and cement.
I will put it bluntly: at present, the Northern Territory is falling behind in housing needs at the rate of four houses a week. Nationally, the figure is 10 houses a week. On any analysis, the current situation is economically and socially unsustainable. The myth that there is currently a mass exodus from the bush to our towns and cities is just that - a myth. The Territory already has 20 remote population centres of more than 500. In the next 25 years, Wadeye and Maningrida will be larger then present-day Nhulunbuy. The number of towns with a population of more then 2000 people will be eight to nine times the current number. There will be at least another three towns with populations in excess of 3000 people. Like many rural areas elsewhere in Australia, these communities are seeing a population boom. However, the myth may well become a reality if we do not act to avoid major social collapse in our remote towns and communities.
Without wishing to single Wadeye out in particular, it is obvious that there will be many more communities like Wadeye if conditions do not improve radically. The violence and social crisis will be exported to our regional centres and, in some instances, to our cities. It is not a simple matter of more law and order instead of housing, or more law and order instead of education, or more law and order instead of health resources. These are not choices we can make. They must work together, and they must work together for the long run.
It is for this reason that the Chief Minister has called for a 20-year plan, and housing is a critical leg of the platform we are launching. Safe, adequate housing is a critical element in developing a healthy lifestyle in which children can be expected to access education through a stable home and strong family life. Endemic overcrowding in housing currently being experienced has a direct impact on chronic illnesses, family and sexual violence, substance abuse and disastrous outcomes in education and employment at an intergenerational level.
As I said, the present approach is unsustainable. It is simply not working, and governments at all levels cannot expect to continue down the same path. We face higher costs and we must do something to drive those costs down. We face ad hoc and piecemeal training and employment outcomes, and this situation must be reversed.
Thus far, the federal government has not fully engaged with this growing crisis. It has not demonstrated a full understanding of the need, and I ask the Commonwealth to join us as part of the solution. All levels of government must make contributions to resolve this issue. I welcome the opportunity to put the Northern Territory’s contribution. In doing so, I demonstrate that we are prepared to adopt new approaches and work with a new framework for tackling indigenous housing in the Northern Territory.
First, the Northern Territory will embark on a transformation of indigenous housing, from social or welfare housing to a strong mix that reflects housing elsewhere in the nation; that is, a mix of social and community housing, including rental and private housing. While I set no targets here today, it will be a minimum of 20 years before we are likely to see the kind of convergence I am talking about. What will happen is a major move away from the current situation whether people like it or not. All housing in remote towns is currently welfare housing.
In the initial instance, the Northern Territory will move to the management of community housing in remote towns and communities through its public housing model. This would involve management of housing stock, including repairs and maintenance, rent collection, and construction programs. In some instances, this will involve the outsourcing to major existing or developing indigenous community housing organisations. These organisations may, in turn, seek joint ventures with private operators, and this will mean consistency across the Territory and a move away from the current situation where housing allocation and local rental repairs and maintenance regimes range from sensible and competent through to irrational and dysfunctional. It will mean that some indigenous community housing organisations will choose to work at an existing or new regional, rather than local, level and others may choose to become part of a broader Territory-wide organisational structure. In any case, the kind of housing and rental programs that currently exist will have, at its heart, increased local capacity and sustainability.
Second, we will look to encouraging and facilitating private sector investment in housing including through Aboriginal royalty associations and investment vehicles, joint venture projects and direct investment in housing stock by the private sector. The extent to which this will be possible will only be in part contingent on the proposed federal changes to the Aboriginal Land Rights (Northern Territory) Act and will not occur over night. While we have some strong expressions of interest from some traditional owners in adopting a system of town or community head leasing, with a consequence of subsidiary market in private rental or ownership of housing, it will take time. Significantly, it will take time in the current situation where housing is in such short supply. Buyers and lenders will undoubtedly be cautious in a market where the pressures on overcrowding in even privately mortgaged housing could overwhelm housing stock. To assist the process, we are currently working on proposals whereby Territory Housing would become a buyer of last resort in the long lead-up to private rental and ownership market in remote towns. In addition, the gradual establishment of a private rental market would allow access to the Commonwealth Rent Assistance program which currently discriminates against Aboriginal tenants in remote areas.
Third, in partnership with the private sector, we are commencing an urgent investigation of major housing prefabrication operations in major regional towns down the track. One of the great successes of the railway construction was a regional economic boost afforded by the sleeper factories in some towns. They made great contributions in particular to Aboriginal training and employment, but the sleeper factories were also, in a sense, great failures as well. They only lasted two years and the benefits have largely disappeared. The demand for housing in our remote communities can sustain at least 400 houses a year for at least the next 20 years. The possibilities for sustainable regional development through fabrication facilities such as these are considerable.
We will be looking in particular at joint ventures between Aboriginal and non-Aboriginal enterprises in these developments, and will look to these enterprises developing interstate marketing possibilities. To this end, in July in conjunction with the Northern Territory Indigenous Housing Advisory Board, I will be convening a workshop with many of the major players in indigenous housing, including strong representation from the private sector to look at issues in respect to cost design, financing and investment.
Fourth, we will encourage public housing tenants in remote towns and communities to purchase housing to HomeNorth Extra program. It may have to be adapted to reflect higher remote construction costs. This program is currently unavailable to people in remote towns and communities on Aboriginal land.
Fifth, given considerably increased Commonwealth resources, along with funding commitments from the Northern Territory government as well as private investment, to develop long-term construction projects across our regions. Currently housing contracts are relatively ad hoc and piecemeal, and only made on what is effectively a year-to-year basis. This is an enormous disincentive to Aboriginal training and employment, especially in communities and the private sector. It also militates against development of longer-term investments such as fabrication facilities and other capital expenditure in achieving lower cost housing methods and materials. This is no way to establish regional industries and we must look to regional construction contracts based on multi-year platforms.
There will be a need for a commitment from the Northern Territory government to do more than it does at present. Our capacity to fund the huge backlog from current capacity is extremely limited. For example, to fund existing backlogs let alone future needs would take an extra $6000 in extra taxation from every man, woman and child in the Territory. At a national level it amounts to only $6, or a little over $1 a week over a 10-year period. Clearly we are looking to national support for what is a national problem.
As well as the commitments I have made today, we will also be entering into negotiations with the Commonwealth in a spirit not just of cooperation, but a spirit that all Australians share of doing the right thing by our fellow Australians. I have previously described the situation we face as a crisis. That has not changed. Week by week it is growing worse. As I said, the situation is deteriorating in the Territory by four houses a week. The place for a long-term approach, a 20-year vision, has never been stronger.
In this place, on a number of occasions, including my last statement on indigenous housing, I have asked for a bipartisan approach and I ask for it again today. I do it in the name of our children, the most vulnerable and least responsible for the appalling conditions they face.
Mr Acting Speaker, I move that the Assembly take note of the statement.
Dr LIM (Greatorex): Mr Acting Speaker, at another time I quoted from this manuscript by Bob Beadman called: Do indigenous youth have a dream? I quoted only one line out of the manuscript so that I do not take anything out of context. I know Mr Beadman very well; he was CEO of Local Government and Housing when I was the minister. I had a lot of respect for the man and for the thoughts he has expressed in this manuscript. In the last line of the manuscript he wrote: ‘We must fix things for the kids’, and that rings in my head.
Minister, I welcome your statement. I will tell you what I wish for. I have a high regard for this minister. He is one of the most sincere members across the Chamber and he truly wants to do what he believes is the right thing. I offer the suggestion that you should speak from your heart and not from a paper prepared for you by your speechwriters which really puts a lot of double speak in your statement. Speak from your heart: say what you think, what you feel, what you want to do for indigenous people and I believe you will come out with a much better statement than what you have presented here this afternoon.
You commented on Ms Rogers’ information. In fact you said that the information she provided was nothing new, that three months ago you presented it and you made the point about linking housing issues with social issues. You said that Ms Rogers presented her paper at a conference almost six months ago. You also said that three years ago indigenous women, some from the Territory, presented similar information to the Prime Minister. But what did you do about it, if you had all that information yourself? That is the question one needs to ask. I hear the member for Johnston snigger in his seat and he might want to listen …
Dr Burns: What did the Prime Minister do about it?
Dr LIM: … you might want to listen before you start to snigger as to why …
Dr Burns: What did the Prime Minister do about it?
Dr LIM: … you ought not snigger. You talk about what you want to do …
Dr Burns: You are a joke.
Dr LIM: Do you want to get him to withdraw that?
Mr ACTING SPEAKER: Minister!
Dr BURNS: I withdraw.
Dr LIM: Thank you, Mr Acting Speaker. Minister, you talk the talk, as I said to you three months ago, when you presented the statement. I look forward to some action from you. Yes, you have outlined in your statement today some actions that you propose to take, and I look forward to seeing the implementation of those actions. However, for goodness sake, do not go into denial; there are many issues that need to be addressed, and addressed quickly. It is time that we stop passing the blame - it is your job, it is not my job, it is his job and not my job. We all have to share responsibility in this. If we do not, another parliament standing here 50 years from now, when we are all long gone, will still be debating this issue.
It is 200 years since white contact for these people in Australia. It might appear a short time from the historical perspective, but you would think that in 200 years people’s lives would have been a lot further progressed than what we witness for ourselves today.
I was a little disappointed, minister, when you commented on the Indigenous Affairs minister - what is the word for it? - ancestry, that the federal minister might have. He has never claimed it …
Mr McAdam: I did not say that.
Dr LIM: Yes, you did.
Mr McAdam: I did not.
Dr LIM: I take on the minister’s interjection, and read this for the minister’s information:
- And although we may have differences around the ages and the number of issues, I have reasonable hopes that the current Commonwealth minister for Housing is starting to listen and to act. The fact that he is also Indigenous Affairs minister …
I apologise, I misread that, minister.
Mr McAdam: Thank you very much.
Dr LIM: I apologise.
Mr McAdam: Thank you.
Dr LIM: I apologise. I misread that when I read that late last night. I believe that the minister for Indigenous Affairs …
Mr McAdam: It does not augur too well for the rest of your speech.
Dr LIM: I believe that the minister for Indigenous Affairs is very determined and very genuine in his efforts to do the right thing and ensure that services are delivered into the Northern Territory. Also to ensure that, whether a person is indigenous or otherwise, if welfare housing and assistance is required, that they will receive government assistance impartially.
I was concerned to find out in your statement that the unmet need for housing has gone up to $1.2bn at this current time. I also confirm that five years ago, when I was the minister, the unmet need for housing was around $800m. In a scant five years, it has gone up by 50%. We need to seriously look at the reasons for that. Why the unmet need has gone up by 50% in the last five years when, during the long period of governance under the CLP, it had not been so large in magnitude? Was it that the CLP governments managed to keep apace with the construction program, so that the unmet needs was, to some degree, better met than what this government has done in the last five years?
Yes, you have given some reasons why you say you are slipping behind. However, in five years you have not made the slightest dent in housing needs, or unmet needs for Aboriginal Territorians. That is a disgrace. You would think you would be at least a little further ahead. To hear you admit in this Chamber that, in this last five years, you have not, worries me. Sure, because of the rate of attrition of homes in the bush, because of the increasing population, you would anticipate that the unmet need will increase because of that, but your repairs and maintenance of homes and your new dwellings should at least make some headway. Otherwise, you will be forever running on the spot - running very fast but getting nowhere, expending a lot of effort and achieving no result.
I recall that building a new home out bush some five years ago was around $200 000, or maybe a little less. I understand that building a home out bush does not incur real land costs. Yes, there are services that need to be put down into the ground, such as water and sewerage and power, but there is no land cost component. Today, the minister suggests that each house on average costs about $330 000. I think you ought to do an audit to find out exactly what is causing such a huge increase in construction costs.
You admitted that, 10 years ago, for the same amount of money - I assume it is the same amount of money, you did not say that _- but you said the construction program delivered almost two-and-a-half times the number of new houses, and upgraded three times the number of existing dwellings and renovated seven times the number of existing dwellings as you are doing now in the construction program. Irrespective of the sums of money that were put in 10 years ago, I would assume today that the sum you put in has increased as well, just on Consumer Price Index alone, if nothing else; that the rate of housing construction, the rate of upgrades to existing dwellings and renovations to existing dwellings has slid back. You have been unable to maintain the pace that you had. Will you give reasons why it has not happened? Surely, as minister, you should be engaging your mind, along with your chief executive officer and your department, on resolving those problems so that you can produce at a better rate than what you have done.
You talked about the factor of skills shortages within the construction industry. You talked about the remoteness factor, about transport costs. Those factors were in existence five years ago, and they will still exist five years from now. These factors do not change. In any mathematical equation, you have to negate those arguments. Yes, labour costs have gone up, material costs have gone up, and that would be factored into your argument, but surely not skills shortages. Do you know why? Because I remember five years ago, when I was a minister, I commenced a program where, within the IHANT construction program, there was skills transfer being built into each home constructed so that local indigenous people would be employed as apprentices and be taught construction skills.
A Member: They are.
Dr LIM: Five years later, well, if they are here, an interjection from my left from a member who is not in her seat. If they are, surely the skills shortages should not feature so significantly in the minister’s concerns or excuses or rationale as to why construction has been so slow. I hope that the skills transfer training program has not slipped from the minister‘s horizon as well. It is a program that I started. I am sorry that I was not able to continue to be in a position to ensure the success of that program. I hope the minister will pick up the ball and run with it.
The Territory is falling behind in housing needs at a rate of four houses a week. When the minister starts comparing what towns will be like 20 years from now, well, everything grows. You cannot say Wadeye and Maningrida will be bigger than present-day Nhulunbuy. I assume Nhulunbuy will be bigger 25 years from now, too. Everything grows, and our government’s activities have to take growth into consideration and ensure that construction keeps pace with population growth.
Talking about the housing shortage, one has to recognise also that there are some people who have occupancy of more than one welfare-provided house in the Northern Territory. I have spoken to your officers about that. I concede that sometimes it is one large family of 20 or 30 members applying for welfare housing under the name of the most senior person in that family. Thus that person is seen to have three homes when in fact they are three distinct families within the one extended family occupying three different homes. However, there are many other instances I have been told about, where senior Aboriginal people occupy several homes, all provided for by welfare – homes in urban areas as well as in the bush. If, say, a couple, a man and a woman with no dependent children occupies an urban home each, and also has a community home each – that is two people occupying four homes. They cannot live in four homes at the one time. At best, if they went their separate ways, they would occupy two homes. There are still two homes vacant at any one time. Why are those homes not being utilised by people who are homeless, who need those homes? Nobody has been able to answer the question. Maybe the department needs to do a full audit on those homes, and find out who are the welfare recipients, who are the ones who have multiple homes, when they should only be entitled to one.
In the budget papers published for interrogation at the estimates next week, the waiting list for homes has become longer and longer these last few years. Obviously, there is a demand for welfare homes, whether they are in urban areas or in remote communities. We need to get back into circulation the homes that are provided for people who have dual occupancies. Otherwise, we will continue to be put back and people will then have to wait much longer than they need to.
The minister said that it is not a simple matter of more law and order instead of housing, or more law and order instead of education, or more law and order instead of health resources. I ask him to consider that without law and order and discipline, without security of the person, without being worried that you would be attacked or physically harmed, when would you have time to even consider getting educated, or having good health, or even want to occupy a home? How many times do you find school kids not wanting to go to school because they have been bullied? You need discipline and law and order, otherwise children do not go to school, so you do not have education. How is their health going to be good when someone is going to be beating you up every day or every second day? How are you going to occupy a good home when you fear that your home will be vandalised or even worse? That has happened in many communities and until you bring law and order in, until you have discipline amongst the people, until you bring in some level of respect for the property that they occupy, you can build as many homes as you like, you can build 4000 homes every day, yet you will still have people who are homeless because those homes are destroyed almost as quickly as they are constructed.
As minister, I took a whole bunch of interstate housing ministers, including the federal minister, to visit a bush community some years ago. I showed them newly constructed homes that had been lived in for six months, homes that were there for 25 to 30 years and, when they saw the state of the homes, including the new homes, they were absolutely horrified. In fact, it drove one minister to tears, and it is on the public record that the Minister for Housing from Tasmania was so moved by what she witnessed that she offered the Northern Territory the whole allocation of the Commonwealth/state housing share from Tasmania to the Northern Territory. However, Premier Bacon, who was the Premier of Tasmania, blocked it. It was never going to be that Tasmania was going to give us their money, but what I am saying is that the Tasmanian minister was moved to want to contribute her share.
There are problems out in the community, but a lot of that is about housekeeping. Very basic maintenance of a home; I am not talking about even having to pick up a screw driver. General housekeeping, they need to provide housekeeping or home economic skills, call it what you will, urban living skills, home maintenance skills to everybody that lives in a whitefella home. We need to do that. If we do not do that, those homes will have a very short life span.
It is good you have been talking to the department. The minister should know that the average life span of a house in the bush is something like 15 years, and the average life span of a house in an urban area occupied by mainstream Australians will last at least 30 years. That alone gives you a picture of the magnitude of the problem when a house which should normally last you 30 years only lasts half that time. You have to build twice as many to house the people out in communities.
I support the minister’s five initiatives. They are likely to help, embarking on transformation of indigenous housing from social or welfare housing to a strong mix that reflects mainstream. Yes, why not. If people earn an income, then they should be assisted with the borrowing money from banks to purchase their own home. Once you own something, you tend to have a greater appreciation of it and value that property more than if it was somebody else’s. Even to look at a tenant versus a house owner in the suburbs; if you are a tenant you tend to not look after the home or the property as well as you would do if you owned a property. If it is welfare housing in the bush, I suggest to you that the difference is magnified even more. All housing in remote towns need not be welfare housing. We need to ensure that people who do have their homes in the bush need to have meaningful employment so that they can generate meaningful income that can support the purchase of a home. If you can do that, then it is all very much a Clayton’s policy.
The minister then went on to talk about encouraging and facilitating private sector investment in housing, including through Aboriginal royalty associations and investment vehicles. He then warned that it is not going to be easy because much needs to be changed in the Aboriginal Land Rights (Northern Territory) Act to allow that to happen. That will take some time. Yes, I agree that is the case, but it is a pity that Mr John Howard, the Prime Minister of Australia, offered to repat the Aboriginal Land Rights (Northern Territory) Act to the Northern Territory, to this Chief Minister Clare Martin. Do you know what? She knocked it back. Imagine if you had the whole of the Aboriginal Land Rights (Northern Territory) Act now; what you could do with it to ensure that Aboriginal people in the Northern Territory benefited from their land rich position.
It is an oft quoted clich by many writers and commentators that these people are land rich - almost 60% of the Northern Territory - yet are dirt poor. It is such a pity. Yesterday, I compared or analogised if a whole bunch of people from China, South-East Asia, the Sudan or Sri Lanka were given the same opportunities, they would make a great difference - or their outcomes would be so greatly different. You then have to ask the question: why is it so different? In the past, in the group that I gave examples of in China, South-East Asia or the African continent, there is no welfare. That is the biggest disincentive there is. When you go overseas and you talk to your parliamentary colleagues from overseas and relate the welfare system in Australia, they look at you as if you are from Mars. They say: ‘Why do you give it to people for not doing any work?’ I say: ‘It is to make sure that everybody has at least a minimum subsistence income’. ‘But do they do anything for it?’ I said: ‘No, they do not have to do anything for it’. They said: ‘Why would they want to do anything for it?’ That is a major issue that needs to be looked at.
Nobody disputes that overcrowding causes many negative social and health outcomes such as rheumatic fever, kidney problems, and domestic violence. In the English language, you talk about running over of the cliff like lemmings. Is that not what you say? That is about the phenomenon of overcrowding; when a population in a small fixed area overgrows its capacity, social disruption occurs. The lemmings throw themselves off a cliff.
Everybody recognises that when there is overcrowding, there will be great social and physical upheaval, turmoil, negative outcomes, and we have to try to break that up. Taking it in a cultural context, having come from the third world myself, I remember as a kid, that sleeping on your own in a large - to a small person it is large - bedroom is a scary thing. You hear all sorts of noises, you see all sorts of shadows and you think the ghosts are after you, and so you prefer to sleep with other people in the room, obviously, the more the better, because that gives you some level of security. We need to take that into context and make sure that when a family of six or seven suddenly grows to 10 or 12 or more, it is not because of those social pressures rather than just because there are not enough homes, and then we can go from there.
I have spoken about the homemaker programs, and I believe the minister needs to do that to ensure that homes do not get destroyed. By doing that we will be able to catch up better than what he has been doing in the last five years.
Dr TOYNE (Health): Mr Acting Deputy Speaker, I will make a relatively brief contribution to this debate around the health issues related to housing. I support the member for Barkly’s statement and his views about the current national debate on the absolute importance of getting something practical for indigenous people out of this process. Practical means both money and informed and intelligent interventions to make some impact on the social problems that are very well known. The minister’s speech refers to the vast number of earlier reports that have been done on all of the aspects of this problem to hand.
There is no doubt, it is a multifaceted problem and it needs a multifaceted solution. There is no doubt that one of the causative factors of the appalling social outcomes that we are often seeing is overcrowding in housing, inappropriate housing design, and inadequate preparation and support for indigenous people occupying housing.
The issue for me as the Health Minister is not so much that the housing is put in place, but that healthy houses are put in place, and there is a very big difference embodied in the two terms. It is not only necessary to embark on a very ambitious and a very sustained process of getting sufficient housing stock into indigenous communities within the models that are being explored at the moment, but it is also very important that each and every one of those houses, and of the existing housing stock, offer a healthy environment for the people living in them; in particular, the women and children who are the basis of the next generation of indigenous people coming into our community.
We are not looking for one magic bullet solution here. We have to look right across the whole range of causative factors for the poor social outcomes, whether they are health or law and order. We know that alcohol abuse is a very important factor in law and order and violence outcomes. We know that the state of the houses contribute, currently, to many of the often appalling health outcomes of people living in our indigenous communities.
The first thing I would say is that, whatever housing program is progressed, hopefully, as a result of the current national debate, whatever enhanced and increased effort put into the creation of sufficient housing stock to support our indigenous communities, however, those efforts are made, they have to be based on sound evidence and draw from as much as possible from known examples, and known successful examples of healthy housing arrangements.
We know the principles of good housing design, whether it is in the Top End or in the desert. We know we can have a look at appropriately designed houses in any of the environments around the Northern Territory - designs that have come out of very strong design processes and the experiences built up over many years with housing programs around the community. Why are we still going out there with stock standard designs drawn from the shelf of housing developments elsewhere in Australia, when we know that we have to modify the designs and the functions of houses to suit the conditions that indigenous people are living in, in the sense of their environment and their lifestyle? These are things that have to be maximised, the knowledge that we have of those issues has to be maximised if we are going to go forward and provide some better outcomes.
I said earlier that houses can provide either healthy or very unhealthy and destructive environments. There is no question that a germ-filled house is implicated in increased risks of infectious diseases such as meningococcal disease, gastroenteritis, trachoma, conjunctivitis, rheumatic fever, tuberculosis, and acute respiratory infections. All of those things are very clearly linked by research with the high incidence of substandard hygiene around houses. That is not peculiar to indigenous households. It would apply equally to non-indigenous households which have created the same environment. The evidence is so strong that there is an absolute automatic flow-on effect. If you have that environment in the house, you are going to have the prevalence of these diseases that we see so often coming in the front door of our hospitals.
There is also the issue of the hardware that a house has to offer to defend good health, such as working toilets, working taps and sinks, food storage areas that do not allow the accumulation of pathogens, and washing and cooking facilities. Poorly designed houses and overcrowded houses puts immediate pressure on those vital health facilities within a household. As I go around the communities in my electorate it is very common to walk into a house where almost none of those facilities are working. You have a house where raw sewage is shared between the household occupants, where you cannot decently or effectively wash yourself of personal pathogens, where food is rotting around the place, or there is congealed blood on food preparation areas. All of those things are an automatic recipe for ill health let alone having working white goods available for the storage of food and the preparation of food, and the washing of clothes. All of those things are fundamental to a healthy household.
The design of houses that can incorporate good living temperatures are absolutely essential. That is not just a case of putting up a box and airconditioning it, because the airconditioners more often than not break down, and you are back to having a household that is sweltering in the internal living areas of the house, another clear factor leading to ill health, or amplifying some other health condition that one of the occupants may have.
These are all things that we know about. These are all things where there are known solutions to them. These have to underpin any attempt to expand and to really focus on housing stock, and the provision of housing stock. Housing has become a really important focal point for our Department of Health through the Environmental Health Programs.
We have worked with the Indigenous Housing Authority of the Northern Territory to conduct an indigenous community housing survey. The survey started in August 2004 and was completed in July last year. A total of 4316 houses were visited, with 3750 fully surveyed. This comprised the largest single survey of indigenous community housing in Australia. The results highlighted the continued inadequacy of housing across all indigenous communities. Only 19% of the houses fully surveyed were found to be equipped with the necessary infrastructure which I outlined earlier. Only 46% of those surveyed had adequate facilities for washing people. Only 57% were found to have functioning washing machines and other necessary infrastructure to enable residents to easily wash their clothes.
Clearly, that is just an absolute recipe for ill health and not only the immediate health conditions that would arise such as infectious diseases and food poisoning, but also the much more tragic consequences of those early diseases in childhood leading on to chronic disease in adulthood. We are not only laying the foundation for regular visits to the clinic out bush, but those same occupants of those houses are going to be regular visitors of our dialysis units and our hospitals later on in life, and will not enjoy the life expectancy that the general community expects in Australia in this day and age.
All of those things are critical factors in my mind as Health Minister. I know that the Minister for Housing fully understands these issues from his personal work history and his present commitment to these issues within our government. I know that they will be carefully attended to as he implements any program that we can establish on our own bat or in conjunction with the private sector or with the Commonwealth government.
I was very encouraged to see the roll-out of life skills programs that the minister briefed Cabinet on in recent times. We are very much on the right track of getting the health aspects of housing seriously worked on in the Northern Territory. I look forward to working with the minister on further expanding that.
Mr WOOD (Nelson): Mr Acting Speaker, I welcome the minister’s statement on indigenous housing. We have discussed this issue earlier this year so I will not go too much over old ground. No one would disagree with the sentiments the minister has put in his statement. The real issue is: how do we overcome the problem. It is not that simple.
I thought I would raise a couple of issues. A question that needs to be asked is: how much cost has been added to a lot of the housing designs in communities? Many houses are designed by architects and, whilst there is no doubt you need someone to design a house, I am interested to know whether the architectural costs are part of the reason that housing costs so much. Do architects, for example, claim copyright on their designs? Are many houses being designed individually, rather than en masse, simply because an architect designs different houses for each community? It is a question that does not seem to have come up in the statement. However, it is a question that has worried me for some time, especially when I raised last time that you can see a kit home which you can buy straight off the shelf. It has obviously been designed by a builder or an architect, for a much cheaper price than some of the figures you were quoting, $330 000, and some houses yesterday you quoted at Groote Eylandt which worked out at about $580 000. That is pretty expensive housing. I know, minister, you have heard this before so I am interested in your response. How we can get around some of those issues could come up in the housing forum you have coming up in July.
The other thing that I believe was missing - I am not saying it was deliberate - but you gave a series of approaches to solving the housing problems. I raised once before the possibility of using local materials and I raise it again today. I did use as an example last time the pole frame structures. They may not come up to the super standards of a lot of the steel-framed houses of today, but they are a possibility. At Daly River years ago, for instance, where there was an abundance - and still is an abundance - of gravel, people built their own houses. They made the bricks and built their own houses. Is there an opportunity for us to use local materials?
I will give you another example; this book, Our Place, which I imagine the minister has seen. I do not read these very often, however, I know they exist. This is a Centre for Appropriate Technology book, which has an article on livelihoods. This is edition No 24 which does not have a date on it. It talks about an Arrernte woman - I hope to get the names right - Olive Veverbrants Peltharre. She has a mud brick house. I have seen mud brick houses in Howard Springs, in a wet climate, which work quite well. Is it a possibility that we not only use some of the projects you have there, but do not eliminate the possibility of local people building their own houses out of local materials?
Someone said to me the other day - and I will not name names, except to say that where my wife comes from, at Bulgul, there was a group there that always relied on the government to fix up this and to fix up that. Whereas, on the other side - and this was not anything to do with my wife per se – of her family, the people built their shacks out of local material. They did not wait around for the government to do something; they did it themselves. Therefore, there needs to be some encouragement as well for people to be able to build their own houses in their own communities.
This house of Olive’s is a very interesting house. It has solar power, so it operates a refrigerator. It has solar hot water. It says here: ‘Olive’s tips: three minute showers only’. It has two 22 500 litre rain water tanks which have only run out of water once. It reuses all the grey water, has a composting toilet which some of the design needs to be changed on, and it is made out of mud brick which, in itself, is a cool material - warm in the winter, cool in the summer. I see someone like this being an example of another option that we should be putting forward, so that people may be able to construct their own houses.
I will read a little interesting part of that story which is written by two people, Hannah Hueneke and Alison Wright. They have written the article about Olive and they write this under the heading: ‘Why Aren’t More Houses on Remote Communities Built by Local People?’ It is an interesting opinion:
- The Arrillhjere project faced a common challenge to people in remote areas; the compartmentalised nature of indigenous service delivery. By and large, service organisations are set up to address one specific issue - housing, training or health, etcetera. However, community needs are often complex, spanning a range of areas. It can be very difficult for a community that wishes to achieve multiple goals to access funds or coordinate support from the different sources for one project. This CAT project drew on support from agencies including: ATSIC, Northern Territory Employment and Training Authority, Training Network NT, Aboriginal Development Unit, Community Development Employment Program, ABSTUDY, Tangentyere Council, among others.
Agencies must continue to strive to match their services more closely to the needs of communities. This could include: funding applications coordinated between agencies and funding conditions made more appropriate to participatory housing projects. This is not to say that the governments are making no progress - programs such as the IHANT Central Remote Regional Council Training and Employment Program are addressing these challenges - but emphasises the need for continued improvement.
They go on to write about an interesting subject which has been spoken about often, which was, ‘Do you use housing as a form of employment?’ When I was at Daly River, that is exactly what happened. They made their own bricks, they got a hand machine, and you could hear it all day going bang, bang, bang as they compressed the concrete to make the bricks, and they exported those bricks. There are a number of buildings at Adelaide River which are made out of bricks made by the community from Daly River. There are still a number of houses at Daly River made of the same material. I will read from this anyway:
- Need versus participation
The urgency of demand from indigenous housing also presents a barrier to participatory approaches. Many indigenous communities suffer from severe housing shortages, while many existing houses fail to provide adequate ‘health hardware’ facilities. Understandably, policy makers place a priority on getting new houses on the ground as quickly and efficiently as possible. Commercial building contractors can construct a house on a remote community in around 10 to 12 weeks. A participatory building process using inexperienced trainees and working in cooperation with indigenous cultural structures can often take longer.
The Arrillhjere house was built over 78 weeks, comprising 52 weeks of actual on-site work and 26 weeks down time due to funding difficulties, cultural business, weather conditions and experimental building techniques. In the context of overcrowding, a huge backlog in housing need and housing-related health problems, it is easy to understand the reluctance of housing agencies to prioritise participatory approaches. However the potential wider long-term benefits of participatory construction must be considered.
They have the final message:
- Housing is not about bricks and mortar; it is about homes for people. The Arrillhjere project offered a unique opportunity to fulfil the housing aspirations of an indigenous person, Olive Veverbrants. The commitment, ownership, responsibility and pride she has for the house and surrounding country have been key elements in the sustainability of the house. The message in this is simple: better outcomes in housing are achieved when effort is applied to understanding what homes people desire in remote Australian communities.
I suppose there is a good lesson in there too, in that we have to make sure that we are building houses - I am sure the minister has said this plenty of times before - that are suitable for the people who are going to live in them. At Bathurst Island, even though I know at that time they were doing a great job, going from many shacks to putting in large numbers of houses quickly, they all had electric stoves in them and electric hot water systems. They should have had solar hot water systems to start with, and they really should have had a barbecue out under a sheltered area out the back and not in the house because, soon enough, the electric stoves were wrecked or they were used to keep warm. If they did break down, they were not repaired and most people were quite happy to put a fire out the back with some wood and cook their dinner that way. That is the way they had always done it.
It is important that we do not necessarily have to look at houses that might fit Bayview Estate. We need houses that are practical. I notice the minister did speak about EHS, I will have to chase that up, the Environmental Health Standards. There is a section on the website which gives you some pretty basic things, many of them commonsense. I was pleased to see that, because I get very worried about standards when they apply all over Australia. However, in here it makes commonsense things such as you do not necessarily need glass here, you could do something else here. with a combination of local knowledge, Aboriginal participation in the design, using some commonsense standardised requirements. Someone even said today one of the most sensible houses they have seen is where all the plumbing was on the outside, so that if something went wrong with the plumbing you could immediately fix it. It was not buried in the walls, which is all very nice in a big city and looks aesthetically beautiful, it was not going under the floors so much, but you could actually maintain the services on the outside of the building. In some cases that might leave them open to vandalism, but they were trying to look at simpler ways of looking after a house.
One of the minister’s approaches was to have a major housing prefabrication operation in major regional towns, and it was interesting. I was visiting Marrara Christian College about two weeks ago and they took us to their engineering area. What are the students there building? They are building steel walls for houses. I thought, well, this is the sort of skill that would be good in places like this. You could have a multitude of walls that fit whatever design house you are going to put in. And if you have young people now learning these skills, there is a lot going for the major housing prefabrication operations.
The other thing I like is that the minister has not stuck with just one particular concept or approach that might fix the whole problem. He has looked at a range of approaches from social and community housing, rental and private housing, involving the private sector, the major prefabrication, and encouraging public housing tenants to buy the homes through HomeNorth Extra. An area that might be, I do not know whether that is possible at all, in my electorate may be at the 15 Mile community or the Palmerston Indigenous Village. I have raised it there: instead of paying rates why don’t you pay for your house. Why, for instance, couldn’t they ask a private contractor to come in and build a house at the 15 Mile Camp? I know they are advertising for Yilli Rreung to put some more houses there. If they are saying there is a shortage of houses perhaps there is an opportunity to turn rental into private working through the HomeNorth scheme at places like that. They do not have the difficulties of Aboriginal land there because they are on special purpose leases so we do not have to go through the issue of leasing that some of these changes to the Land Rights Act are supposed to be overcoming.
It has here: ‘regional construction contracts based on multi-year platforms’. I am not very good at government speak. There are a few words in here that rattled me a bit and one was multi-year platforms. Another one was – I will find it for you, it was an interesting word, I had to look it up in the dictionary. Sometimes when these things are written, they could be written a little more simply. It talks about: ‘It is an enormous disincentive to Aboriginal training and employment, especially by the private sector. It also militates against the development of long-term investments’. I had to look up the word ‘militates’; it basically means it works against the development. There are a couple of words in there that I thought were government-speak. When we are writing these documents we need to keep it in plain English. Not only are we going to read it as parliamentarians, these statements may go out to Aboriginal communities so they can see what the government is thinking in regards to the policy of building houses. I know it is only a minor thing, but there are a few people who have written books in recent times saying how difficult it is to understand the written word when it comes from governments because there is a different approach in the way things are written.
In summing up, what the minister has put forward is good. No one can tell whether it is going to end up giving us the solution, but by having five approaches at least you have more than one egg in the basket. I still think we should look at the sixth option, and that is encouraging communities to help themselves by using local materials. Let us not always rely on the housing association, let us not always rely on the government giving us money. Maybe mud brick houses using low technology methods are important in these areas. In the case of Olive Veverbrants Peltharre in Central Australia is a classic example of that. Looking at the cost that architects put on some of these projects; if that can be reduced, all the better.
One of the other areas that may be attached to the private sector investing is simply buying kit homes from interstate, or wherever they are put together. That is another option. I am not saying it should be the only option. There is a range of things we need to look at if we are to overcome this serious problem. We need to not only do all these approaches, but we need to make sure that houses are maintained. You need strong housing associations to make sure people do not wreck their houses, that they maintain them, and we should make sure the maintenance is simple. We do not want fancy hot water/cold water mixing taps which require special fittings. All you want is basic hot and cold water; you just need simple maintenance that does not require lots of money. We need houses that are simple to maintain.
I thank the minister for his statement today. I look forward to his response. I think that the debate is going to be adjourned today, because the minister will be meeting the Commonwealth minister. It will be interesting to hear what response he gets from the Commonwealth minister on this important issue. We look forward to his response.
Mr HENDERSON (Business and Economic Development): Mr Acting Speaker, I support my colleague, the Minister for Housing, on a visionary statement and a proposal for a way forward to meet what is the huge backlog and deficit in Aboriginal housing across the Northern Territory.
There has been much debate over the last month, six weeks, in regards to indigenous issues in the Northern Territory. However, as the Chief Minister has said and the current federal Indigenous Affairs minister – if he is raising the question of law and order, well the answer to a very large part across the Northern Territory to improve law and order outcomes is not only investing in police across the Northern Territory, it is improving the housing situation, reducing overcrowding and the enormous tension that overcrowding generates on communities around the Northern Territory. This has been an issue for – well, since self-government. At the time of self-government, the Territory inherited a huge deficit in Aboriginal housing. There has not been a great deal of impact on that deficit over the years.
The Commonwealth still maintains the primary funding responsibility for indigenous housing, and we want a partnership with the Commonwealth to improve those outcomes. However, in regards to Australia in the year 2006, why the Prime Minister of this country and his Indigenous Affairs minister could not see their way to committing to a 20 year plan with defined improved outcomes at five, 10, 15 and 20 years to once and for all rid this nation of the poverty that many of our indigenous people live in, and the total unacceptability of their housing situation, is beyond me.
Australia, at the moment, is going through a period of record economic growth, record prosperity. We have a federal government that is raking in unprecedented budget surpluses and we are saying to the Commonwealth: ‘Let us move forward over a 20-year period and address the disadvantage and the shame to this country of indigenous poverty’. It is not only a funding issue but, without funding to address this backlog in housing, we really are pushing uphill. I hope that our Chief Minister, at the COAG meeting in the next few weeks, can get support from her state and territory colleagues for the 20-year plan. I hope that the Prime Minister of this country can see his way clear to opening his eyes and his heart to the call from the Territory of bringing the 20-year plan to this crisis.
The member for Greatorex said that this government had made no impact and that the unmet needs are greater than ever. Given that the primary responsibility for funding for remote community housing lies with the Commonwealth, in reality Commonwealth funding has not increased in the last 10 years since 1996. We all know what has happened with the costs of constructing and maintaining infrastructure across the Territory since 1996. If the opposition is genuine regarding a bipartisan approach - currently it is the Coalition that has the Treasury benches in the Commonwealth – then they should be talking to their colleagues about increased contributions from the Commonwealth to the indigenous housing backlog which would be very much appreciated.
It was very disappointing to see the Prime Minister on the lawns in Washington in the hurly-burly of debate on indigenous issues predominantly in the Territory saying more money was not the answer. It is not the total answer, but we are not going to get very far, as the Chief Minister and everyone on this side of the House believes, unless we address this housing issue.
As the minister has said, the problem is getting worse. Poor housing is linked to poor education, poor health and poor employment outcomes, as well as the high levels of violence in some communities. The ignorance of the Leader of the Opposition in stating that housing does not contribute to violence and sexual abuse is astounding …
Ms CARNEY: A point of order Mr Acting Speaker! At no stage, for the purposes of Hansard, did I say it does not contribute to housing. I said overcrowding does not cause violence. There is a difference. Even the minister should know that.
Mr ACTING SPEAKER: Leader of the Opposition, if you think you have been misrepresented in any way, you can make a personal statement. There is no point of order. Please continue.
Mr HENDERSON: We can have a pedantic play on words regarding ‘cause or contributes to’. The Leader of the Opposition asks if I have read the research - there has been a lot of research written on this issue. You only have to get out into the communities. You only have to set foot on the communities and see the enormous pressure that people live under. Put yourself in the shoes of those people living in a three-bedroom house with one toilet, one kitchen, with 17 or 18 people, with roads and driveways that are unsealed, and wonder how you, as an individual, would cope. I know that I would struggle.
Housing is not the cure for all of these, but it is a precondition for better education, health and safety outcomes. It is a logical intervention point for government. Not only is it a logical intervention point, it is the most critical intervention point. It is not rocket science. Regarding the current Indigenous Affairs minister, I hope that, as we work through what has been a difficult time moving towards the meeting in Canberra, we will be going as ministers saying: ‘If you are serious about making a difference in your term as Indigenous Affairs minister in the Australian parliament, then getting a 20-year commitment to improving indigenous housing and ridding this country of the backlog in indigenous housing would certainly be a great testament to your time as Indigenous Affairs minister’. We can but try.
It is not only an important social intervention. Done properly, we can see it as a positive economic opportunity. That is what I want to focus on tonight. Quite often, we all see - particularly members who have rural and remote communities - the absolute depth of overcrowding and poverty that that contributes to in the communities, but if you flip it on its axis and take a 180o view, it can provide a real opportunity, and that is what I want to focus on in my contribution tonight.
We have to ensure strong indigenous participation through employment and business opportunities and real outcomes from the existing and required expenditure. We have to get job employment enterprise outcomes for Aboriginal people in building homes on communities, maintaining homes, as opposed to having to virtually rely on, at the moment, flying building teams in from our major urban centres at a huge cost and a huge premium to build and maintain those homes. That is the real challenge here, and it is not only a challenge, it is an imperative, and one that I speak with my colleague, the Minister for Housing, about on a regular basis.
This can be done through expanding our current approach of direct contracting within indigenous organisations with local building teams, or strongly encouraging an indigenous employment outcome from private contractors throughout our procurement guidelines. I might be so bold this afternoon as to suggest that not only should we be looking to do this, but I believe we should be requiring these outcomes through our own procurement processes. It is not going to happen overnight, there is a huge training requirement out there, I believe that the whole training industry, in regards to training on remote communities, needs to be looked at and much more practical outcomes achieved.
As Minister for Business and Economic Development and indigenous economic development, working with my colleague, the Minister for Housing, I believe that we do need to take a long-term view, a five-, 10-, 15-, 20-year view. We need to work towards a target. , Whether it is 100% or less, over time, with all these homes that are going to be built on remote communities, and the maintenance of that infrastructure to require a significantly increased, if not a total indigenous involvement over time. That is the challenge that I believe we face.
That challenge does require extensive consultation with those stakeholders. I must admit, however, this could be an alternative process for some. As I have said, I believe we must move in that regard. The process could do much to value-add in addressing the skills shortages in the construction industry. I would like to pay tribute to the Territory Construction Association and the Northern Land Council which - I believe it was three years ago now, it may be a bit longer than that, possibly four - entered into a memorandum of understanding to work together to see improved training outcomes for indigenous people in the construction industry. If we could work towards this vision, we are going to be significantly boosting our construction workforce in the Northern Territory, and it will be a construction workforce that will live, work and continue to work and retire in the Northern Territory.
One of the key complaints of our construction industry is this boom and bust, and as soon as the construction industry comes off peak, everybody packs up their ute and heads back down south. Well, indigenous people are not going to do that. They are going to be a large part of the workforce that is going to be here, through the good times and the bad times.
A 20-year housing program will allow indigenous organisations and businesses to grow and develop safe in the knowledge of a predictable level of work. We must also look at attracting private sector investment. We have to do this. The reality is, as much as we are going to try to convince the Commonwealth government to dig deep in funding this back log, probably no government is going to do that in total so we have to get some private sector funding into the bush. There is the capacity for people to pay rent, there is certainly the capacity with changes, whether it is under the existing section 19 provisions in the Aboriginal Land Rights (Northern Territory) Act or the proposed amendments before the Commonwealth parliament now, there is the potential for some indigenous people to purchase their own homes. But the private sector has to be able to invest in some capacity and get a return on that. Given the guaranteed rental levels that are out there, mechanisms and financial structures need to be found.
Initially this will come from indigenous organisations, royalty associations and the like, that have the funds to invest and which will get a double benefit from investing in their own community. A good example is Groote Eylandt and Bickerton Island Enterprise, GEBIE, which is looking at a number of investments, one of which is a housing subdivision to cater for indigenous workers at GEMCO’s mine who want to eventually own their own home. I had the privilege of being on Groote Eylandt with the member for Arnhem some two or three weeks ago. Just meeting with the Andiliyakwa Land Council, the people there at GEMCO, a number of other organisations out there, I was just blown away by the enthusiasm, the work that was happening to attract private sector investment, the aspirations of people who work in the mine to own their own homes, and the efforts that have been put in place to establish the tourism venture on Groote Eylandt through mining royalties and trust funding. The people on Groote Eylandt are certainly leading the way in this particular debate.
There are also discussions happening in some of the major communities with government officers and land councils about similar exercises where there is a large private investment and potential workforce in mining and forestry. It is a positive way forward.
These issues and the challenges lie before all who currently sit in this Assembly and people who are going to come over the next 20 years. For my part as Minister for Business, Economic and Regional Development, I have recently announced membership of four new regional economic committees in Katherine, Nhulunbuy, Tennant Creek and Alice Springs. I have appointed people to these committees who have the skills, experience and local knowledge to make them succeed as well as a strong desire to see their communities develop and prosper. In the coming months, I will be announcing a number of regional and remote economic committees. The role of those committees is to work with us and the Commonwealth government to identify a specific enterprise and job opportunities into real investments and jobs for people in the regions and remote communities. I am looking forward to the task.
By taking the 20-year view we can see the potential that could arise from a comprehensive approach to indigenous housing as outlined by my colleague, the minister. It requires partnerships with indigenous communities, organisations, committees such as the new regional economic committees, with the construction industry and from a resources perspective with the Australian government. With all the best will in the world the Territory government alone does not have the resources to fix this problem but in partnership we can do that.
The statement today by my colleague is a must. It is not a pie-in-the-sky hypothetical statement; it is a must. The only way we can overcome this disadvantage is to take a long-term view and the opportunities that long-term view takes. A real opportunity is to see many more jobs for indigenous people on communities on full wages; the opportunities for regional building construction and maintenance teams, or companies, or community-based businesses. There are real commercial opportunities out there. There are real jobs out there in the bush.
If you were to add up all of the money that is spent in the bush on construction and maintenance, not only in housing but in government capital works and other infrastructure that is built in regional and remote parts of the Territory, the amount of money that is spent on road construction and maintenance, there are probably thousands of jobs out there in the Northern Territory that could be done by local people.
We have to grasp that opportunity. It is going to need commitment from indigenous people to step up to the plate in terms of their kids going to school, learning to read and write and the basic skills that will allow them to take their part in the workforce in the Northern Territory. It is an opportunity that must be grasped, and I give credit to my colleague, the minister, who is very passionate about this. I am very confident that this strategy we are putting forward today is one we will do our very level best to deliver on as a Territory government.
However, we would say to the Commonwealth government that without a significant increase in funding out of that huge surplus and the surpluses that are predicted over the years - I think the average Australian would say that it would be a good idea to spend some of that surplus on eliminating the overcrowding and housing disadvantage of the first Australians. The challenge is for the Commonwealth government to step up to the plate. If they step up to the plate, we are there with them and we can do this.
Mrs BRAHAM (Braitling): Mr Acting Speaker, I welcome the minister’s statement. I know what a difficult job he has had. I have sat in ministerial councils and tried to win more dollars for the Territory but had to battle the attitudes of the other states and territory in getting more dollars. I know the relief when you have got a little bit more, although you knew it was never enough, although you put your case quite clearly to the Commonwealth, but you were never going to win that much. I always thought that the IHANT program and the NAHS program, when they were introduced, were a step in the right direction over time. Maybe they have not been as successful as we thought but at least they did get homes built and that was an important thing for us.
It is good that we are talking about an issue that for a long time we have not been game to talk about publicly. If we had talked about the affairs of Aboriginal people and what is happening in their lives and the destruction of family life and what have you, we would have all been branded as being racist. The good thing is we can now talk about this openly, and people understand that we are talking about it in the public domain because we are concerned for people and what is happening to them. We are concerned for not just Aboriginal people but the effect on non-Aboriginal people as well. We have to welcome the debate and hope at the end of the debate, something is achieved, that we are not all standing up here in this parliament and talking the talk without getting results.
When you go visit the federal minister, good luck. I hope you manage to get some sort of agreement with the Commonwealth because it is quite obvious that a government of this size could never do all that is necessary to provide housing for Aboriginal people.
It is true also that much of the vandalism and the destruction of houses that has occurred over time is due to the fact that these houses contain too many people. You cannot have one house with so many people going in and out of them all the time without some effect on the building itself. You go into communities and you realise that things are not right. With the management of houses we know it is hard enough in town, let alone recognising how hard it must be in bush communities. I have a number of public houses in my electorate that have been vandalised, that are now empty, which will probably cost a lot to get them repaired and maintained which is needed. If that happens in a suburb, of course it will happen in communities where the management of houses becomes even harder when it is affected by the family situation, the cultural obligations of people who are on councils, all those things that interfere with the objective management of housing.
If the Northern Territory government is going to take over the management of housing, we have to make sure we do it as well as we can. There will be a lot of responsibility that goes with that to make sure the rent is collected, to make sure that as repairs are needed they are done. If you leave a house that has something wrong with it; it only gets worse, it does not get better. You need to repair broken windows, taps, whatever it is, as it occurs. The maintenance is vital.
I have always been horrified at the cost of housing in remote communities. I know it is great for the building industry. My son is involved in the industry, and even he gets quite horrified at the cost to build homes - and it has gone up over the years. NAHS did not help in that the houses they were building were over-designed and overpriced. If we are looking for value for money, as the member for Nelson said, we need to look at the design of houses. Maybe there is a way around using demountables. I know Tony Smith in Alice Springs - and I am not quite sure of Tony’s company name - has a very good contract at the moment for supplying demountables to a mining company in Western Australia. Demountables these days are not one and the same design. You can get a demountable designed for your needs. Obviously, in different Aboriginal communities different designs are needed. I am quite sure that part of the reason many of these houses are no longer lived in is because the design did not suit the people who were using them. What suits me in my suburb with my family is not necessarily the sort of home that would suit people who are used to living out in the bush, who love to live outside the houses more than we live inside our houses. I guess the design is something that has contributed to much of the destruction and the vandalism that has occurred.
You have said, minister, in your statement that you are going to try to get a mix. Most of the housing we have had so far is welfare housing, and you are going to try to get a mix to get away from that. That is a great idea. However, I have reservations. I am not quite sure how it would work. How do you get private ownership on Aboriginal land? How do you get a financial institution to lend money to someone if they can never recoup their loss? That is business today. If I borrow from the bank and I do not keep up my repayments, they want that money back and they will confiscate as time goes by.
You may have recalled the scenario we had with the HomeNorth scheme, which is a good scheme. It has helped many Territorians. I guess that is what you are looking at: whether there is some way the HomeNorth scheme can help Aboriginal people get housing. One of the schemes you have is where the purchaser of the house owns 70% and the department or the government still owns 30% of the house. We had the case of the family in Alice Springs who purchased the house for $140 000. It was great, but they were a struggling family so the government retained 30%. The family worked hard keeping up their repayments and trying to get a little more, and went to the bank and asked to have a loan to buy that amount that they owed which was, at the time when they bought the house, an additional $40 000. The bank said: ‘Yes, you are getting on your feet, so we will give you a loan so you can buy the rest of your house’. However, when they went to purchase the rest of the house, what had happened is the market value of the house had gone up so much their $40 000 was then $70 000. That was the government’s share of the house whereas, they thought all along they were only borrowing $40 000 from the government. As the market value went up so did the share that government had. They could not go ahead with that loan because it was then out of their reach.
It is those financial obstacles that we have to think through carefully when we are trying to get Aboriginal people to invest more. As I said yesterday, Aboriginal people need a lot more training on how to manage their finances. If they are going to be locked into some sort of program of loans and what have you, then they need to understand exactly what they are going into: how much they need to pay for how long, and what will be the implications if they do not go ahead with it. Although I was one of the people who originally started talking about private ownership on Aboriginal lands, I am also very aware of the difficulties it can cause. It is one of those programs you have to think through very carefully to make sure you are not putting people into a situation where they are going to fail. That is what has happened so many times. We do not want to set up that scenario where people fail; we want them to be successful in whatever they do so they can be like you and I. They can be proud of their home and be proud to have visitors. Ownership also gives you power and empowerment, and that is important.
As I said in Question Time, I also worry about the town ‘dry areas’ legislation. I would hate to see Aboriginal people get to the stage where they own their home and have much of their efforts come unstuck due to problem visitors. It is true – you and I know there are tenants in our public housing who walk away. Their leave their homes because they cannot put up with that humbug any more. At the moment, we have one unit where Public Housing says it does not know where the tenants are. Even though there are people in the unit they are not the correct tenants. Those tenants obviously walked away because they could not put up any more with what was happening. All I am saying is be careful. Do not let us get into scenarios where people will fail. Let us give them a chance, but let us make sure they understand really well exactly what they are doing.
You also mentioned in your speech about facilitating investment through Aboriginal royalty association and investment companies. That has always been a bit of a sticking point for people, particularly in Alice Springs. I do not know what proportion of the town is owned by Aboriginal companies now in the CBD, but I guess it is probably at least 20%. There are some huge commercial buildings owned by Aboriginal investments, and we do not see the benefits of those investments going down to the grassroots.
The classic case was the Irrkerlantye School, which was seeking money to stay open, and yet none of the big investment companies, or the CLC, would put money into them. If somehow or other you can tie in some of those royalty and investment companies to invest in their own people, that would a signal to the rest of the community that they are willing risk it, so why don’t we. That would be a significant contribution, but it would also be a significant way of saying to other business companies, ‘We are willing to risk our monies, why don’t you put up as well?’
I talked about the design, and borrowing through HomeNorth. I do not know how much influence, or how much interest, this government has in some of the designs that are occurring at the moment. For instance, I know of one centre which has been designed for one of the outstations and the funding through one of the mining companies and the federal government was something like $750 000, which is an enormous amount of money. However, it looks like the building is going to end up costing $1m. It is partly to do with the design. Sometimes architects get carried away with their dreams, I suppose, of what they want to do, but it may end up being an impossible task. In fact, I have heard that builders in town are going interstate to get people to put prices in for it, because many of the builders in our town have said, ‘We cannot do this. This is too difficult a design. We are not into this sort of production’. I mention that because it is a concern that we do get hung-up on design.
When I go into some of the camps in Alice Springs, the people are in a catch 22 situation. They want to stay where they are. They want to have a better lifestyle, but they are never quite sure how to go about it themselves. I think it is because for too long we have been doing things for them. We have taken decisions out of their hands, we have handed them things on a platter, and we have not involved them in the whole process. When we are talking about a 20-year vision for indigenous housing one of the most important things, and I know you probably agree with this and probably will do it, is to make sure you involve the people you are supplying the homes to. Do not let us have some committee made up of people who for all their good will do not live on the community, do not understand what it is like to live on a community, do not understand the needs of living on a community.
Let us see if we can really get the people who are going to benefit from this plan to be involved in the whole process. If it takes a little longer to take time to listen, and we all know that is what we need to do with Aboriginal people, we cannot do it in a hurry, then so be it. At the end of the day the result is that we want to have a far better lifestyle for the people on the communities. I believe that if we have better lifestyle, if we have better housing, the follow on from that means that we will get better people. If we start at the grassroots and we are looking at how we can prevent things from happening, it is far better than getting into the situation where we are now, where we are trying to find solutions to problems, whereas if we start right back at the beginning and try to get things right, right from the start then we might have success.
Minister, good luck with it. I hope you have success with the federal government. We will all be waiting to see what happens.
Dr BURNS (Infrastructure and Transport): Mr Acting Speaker, I support the Housing minister’s statement on indigenous housing reform. The extent of overcrowding and homelessness suffered by many indigenous Australians is of major importance. I heard what the member for Braitling said about previous NAHS and other programs operated by the Commonwealth and I concur with that. I remember Dr John Herron, when he was Aboriginal and Torres Strait Islander Affairs Minister, certainly prioritised the National Aboriginal Health Strategy, which became the NAHS strategy, and significant investments in housing at that time. Although I have not been closely involved in housing funding between then and now, it is my understanding that that was probably the largest investment that has occurred in some time.
There is a challenge for the Commonwealth in regard to this and the Coalition and the new minister, Mal Brough, should be looking to the example provided by John Herron. He realised, like so many others, that with overcrowding in housing there is a definite link with disease and other social problems. If you are talking about diseases you are talking about rheumatic heart disease and TB which are all too prevalent amongst Aboriginal people particularly within the Northern Territory. In fact, the rates of those diseases are amongst the highest in the world and that can be directly attributable to overcrowding in housing. So it is a health priority, it is a major priority and that is why I am supporting my colleague, the Minister for Housing, in his quest to get more housing funding from the Commonwealth and to get better delivery of housing and building of housing out in Aboriginal communities. That is my role as the Minister for Infrastructure and Transport.
In the Northern Territory, construction of at least 4000 additional houses is needed to address the current overcrowding and homelessness faced by Aboriginal people living in remote communities. The total construction cost is estimated to be around $1bn and for a range of reasons construction costs have escalated in recent years. This has had a dramatic impact on the cost of works especially in remote communities.
The Minister for Housing has announced that a workshop will be held in the next month to consider issues of housing design and construction costs particularly in remote regions. I am advised that the workshop will include participants from industry and from the Indigenous Housing Advisory Board. Officers from the Department of Planning and Infrastructure, which is responsible for the construction element of the Northern Territory Indigenous Housing Program, will also participate. I note that my colleague, the Minister for Housing, places a very high priority on the development of training and employment outcomes through the Indigenous Housing Program. In fact, the Department of Planning and Infrastructure’s training programs are in place in the current construction program. It plans to increase the geographical spread of these training programs and the total number of trainees in the coming financial year.
From July 2006, in line with the overarching agreement between the Commonwealth and the Northern Territory, an increased proportion of Commonwealth expenditure on the National Aboriginal Health Strategy will be administered by the Territory with agreed goals and detailed reporting to the Commonwealth. Under the pooling arrangement, funding for the construction of new houses for the Northern Territory Indigenous Housing Program is expected to increase to about $30m per year. While this is a significant program it remains obvious that without a major additional injection the annual budget for new housing construction can only address the outstanding needs over a very long time frame.
Revisions to the project management of housing construction currently being implemented are consistent with the implementation of the new indigenous remote public housing model in the Northern Territory. These revised project management models will enable a timely commitment of any additional investment by the Commonwealth for indigenous housing in remote areas. In order to speed up the rate of construction expenditure, the former IHANT board endorsed the use of regional project managers to manage construction in the number of communities rather than providing grants to individual community housing organisations which would then manage individual projects, its plan to progressively increase the proportion of the construction program that is delivered by regional project managers. Regional projects are now in place in Central Australia and the East Arnhem.
In 2006-07, in order to facilitate timely expenditure, it is also planned to project manage the proportion of the construction program through the Department of Planning and Infrastructure’s Construction Division. The creation of local jobs through the Indigenous Housing Program is a priority for the program and for the Northern Territory government. The public housing management model has a potential to increase employment opportunities for local Aboriginal building and repairs and maintenance teams. Currently, few community housing organisations are large enough to provide sufficient work to fully utilise the skills of local tradespeople. The public housing management model will provide a career path that will enable local employees to realise their potential. Such opportunities for personal development will benefit individuals, communities, and the Northern Territory as a whole.
Current training programs running in conjunction with the Indigenous Housing Program provide trainees with the opportunity to acquire competencies leading to Certificate II or III in construction trades or repairs and maintenance skills. Opportunities can also be developed for trainees to acquire Certificate IV qualifications. It is anticipated that trainees completing the Certificate II or III will transition to paid employment. Training programs are provided on the basis that paid positions will be provided in housing repairs and maintenance teams in the host communities. Of course, local repairs and maintenance crews with the capable staff are well positioned to bid for maintenance work on government assets. A capable local building team has a competitive advantage and it does not have to bear the mobilisation costs the town-based contractor would incur. By the end of the 2006-07 financial year it is planned to increase the number of trainees to between 40 and 50.
The Minister for Housing has outlined today his vision for an equitable and efficient public housing model, delivering housing services in indigenous communities. The current community-based system is delivered by a hard-working and very dedicated individual. However, it is resolved in a vast array of inconsistent tenancy and assets management policies and practices. The variations go so far as to fundamentals such as rental policy and rents paid. It is apparent that this model is not delivering consistency or high-quality outcomes.
The Minister for Housing has announced the Northern Territory government’s intention to move towards a public housing model which would operate under consistent guidelines both for tenancy and asset management. The delivery of consistently high-quality housing services is a priority for the government. It is apparent that too much is being asked of some of the smaller community-based housing organisations. This has resulted in overloading of limited resources and poor achievement of outcomes. It has also had an impact on the construction program where some community-based housing organisations have been slow to translate the confirmation of the construction grant into the contracting of the project, and managers and builders. The public housing model will take some time to implement and will need some consultation with indigenous community housing organisations. The Minister for Housing has referred to these requirements in his statement to the House.
Despite the intensive effort that will be required in transitioning to this model, the planned outcomes are too important to be ignored. These outcomes include a consistent management and maintenance policy, consistent rent and repairs and maintenance policies, and improved tenancy support programs. These outcomes can be achieved, building on the practical experience of community housing organisations and the public housing model.
Mr Acting Speaker, I commend the statement to the House.
Debate adjourned.
MINISTERIAL STATEMENT
Working with Consumers and Traders
Working with Consumers and Traders
Dr TOYNE (Justice and Attorney-General): Mr Acting Speaker, I am pleased to report that our increased focus on consumer affairs is providing a fairer system for all Territorians. This government has made consumer protection a priority, particularly for the disadvantaged or vulnerable. Fairness and justice with everyday consumer activities such as purchasing, trading, or renting our homes, underpins our way and quality of life. A fair balance of consumer rights and trader rights, and the responsibilities of each, is integral to sustaining this quality of life and equitable marketplace behaviour. Through working with consumers and traders, we are delivering initiatives in a number of key areas that will ensure a stronger balanced consumer and trading field into the future.
The ministerial statement I am delivering today is an update on the activities and initiatives of the Office of Consumer and Business Affairs, including the key areas of incorporated associations, indigenous consumer issues, regulation and licensing, tenancies, consumer protection and education activities, and business registration. Members may recall that the Territory has been a lead jurisdiction on national consideration of indigenous consumer issues. Members will also be aware of my previous statements in this House on developing strategies to improve consumer awareness for this large group of Territorians.
The Territory was tasked with leading development of a five-year national indigenous consumer protection plan. A working party chaired by the Territory undertook national consultations to develop the National Indigenous Consumer Action Plan. This strategy was launched in Canberra on 1 September 2005, and signed by all state, federal and territory ministers. The Territory is now reporting on our progress against the strategies and priorities identified. A key achievement so far has been the development of A Guide to Enforcement: Indigenous Consumer Matters, which provides fair trading agencies with procedures to assist with enforcement and compliance activity.
The Commissioner of Consumer Affairs, Richard O’Sullivan, is also chair of the National Indigenous Money Management Group, with all major banks and Reconciliation Australia. The group aims to assist the delivery of financial literacy programs and better banking product services to indigenous Australians. Our leadership in tackling book-up practices, which I will elaborate on shortly, has contributed to giving this area a national profile.
Following the national recognition that indigenous consumer protection requires increased focus and effort, including communicating consumer rights to indigenous people, the Territory developed a leading multimedia education campaign in 2002. The Indigenous Consumer Education campaign starred well-respected Territorian and legendary AFL footballer, Michael Long, and delivered targeted consumer advice on purchasing cars, warranties, refunds, and promoting the safe use of debit cards and PIN numbers through television advertising, posters and educational videos. Empowering consumers through education on consumer rights and responsibilities is the most powerful way to provide the best possible protection for consumers. I am particularly pleased as I travel around my bush electorate to note that Michael Long posters are still prominent, plugging those all-important consumer protection messages.
Our government has since moved further and opened community debate on the sometimes controversial practice of book-up in the Territory. I released a book-up discussion paper at the bankers’ forum in Alice Springs in November last year. There has been much public debate over many years about the pros and cons of book-up in the Territory, particularly about the associated practices such as traders holding consumers debit cards and PIN numbers, and an evident degree of consumer detriment arising from these practices. Widespread consultations took place around the Northern Territory through public forums in major centres, visits by the Commissioner of Consumer Affairs to a number of remote communities, written submissions from 38 interested parties and organisations, and numerous informal submissions by phone and e-mail.
The consultation brought a range of divergent views on potential regulation of book-up, most in favour in some form of mandatory code of practice under the Consumer Affairs and Fair Trading Act. Many of the peak representative bodies, including the Chamber of Commerce supported the development of a mandatory code, which I believe reflects well on Territory business practices and peak body policies. As a result of the submissions, I have approved the development of a mandatory code of practice. Our government will now enter a further stage of consultation, as required by the Consumer Affairs and Fair Trading Act, when developing a code of practice. Stakeholders and organisations representing affected traders will be invited to comment on the terms of the proposed code.
There are many issues for both consumers and traders with book-up. The impact of unregulated book-up on the viability of many community stores may be one of those issues that can be assisted by a mandatory code. Similarly, the practice of stores and traders like taxis, minibus operators, white goods suppliers and other businesses holding consumers key cards and PIN numbers and withdrawing money without the consumers knowledge or consent, I hope will be relegated to history.
I commend Consumer Affairs for its work in leading action to improve the practices of book-up throughout the Northern Territory for the benefit of both traders and consumers. The introduction of a code to regulate and improve practices will be the first in Australia, and developments in this regard are being closely monitored by other states and jurisdictions. Consumer and Business Affairs have also taken action to address lending practices that have adversely affected a number of indigenous consumers in the Territory.
Officers of Consumer Affairs NT and South Australia, and the Australian Securities and Investment Commission have been working together with the banks to reassess numerous personal loans contracted by a South Australian-based broker. These loans were provided to indigenous consumers who fell prey to this particular broker. The bank has indicated that these consumers have been inappropriately provided with loans through an incorrect assessment of their financial and personal positions and, as such, many have been written off, whilst others have had their debts and repayments reduced.
Some 35 loans to Territorians have been written off following the bank’s reassessment, with a further 25 loans identified by Consumer Affairs still under consideration for either write-off or renegotiation. Consumer Affairs is assisting the banks to identify further Territorians who have been overcommitted by receiving these loans. To date, over $3m worth of loans have been written off, inclusive of consumers in South Australia and Queensland.
Financial institutions are required to ensure that their loans are provided in a responsible manner, and to ensure that third parties introducing these loans, including brokers and finance officers in car yards, are also doing so responsibly. Consumer Affairs will continue to monitor the activities of banks, credit unions and finance companies when providing loans, in particular to remotely-based indigenous Territorians, to ensure responsible lending throughout the Northern Territory.
I am pleased to announce that, from 1 September 2006, Consumer and Business Affairs will increase its ability to appropriately deal with breaches in consumer laws through the use of infringement notices. These laws include the Consumer Affairs and Fair Trading Act, Commercial and Private Agents Licensing Act and the Residential Tenancies Act, to name a few. The infringement notices are a measured approach to assist in protecting consumer rights and in modifying trader behaviour to ensure lawful confines. These notices will generally apply where the offence is not resulting in major consumer detriment warranting licence suspension or revocation, court action or highly punitive measures.
Major offences resulting in significant consumer detriment will continue to be dealt with through more severe enforcement action via the courts, or discipline through the commissioner, including licence amendment or revocation. Procedures and policies have been developed to ensure that the notices will be issued under strict guidelines. Accountability and transparency will ensure an impartial and commonsense approach to the issuing of the notices. The penalties will range from between $110 to a maximum of $1100 and will apply to 114 offences under the various acts administered by Consumer Affairs.
Consumer Affairs is working closely with industry associations including the Real Estate Institute of the Northern Territory, Motor Traders Association, and others to ensure businesses that may be affected by the introduction of this initiative are well aware of the proposed procedures to be undertaken by Consumer Affairs officers. To date, industry bodies consulted have given strong support to the use of infringement notices as an appropriate regulatory tool in compliance activity.
I am sure that the Territory businesses will support these measures. There is little doubt that a very high percentage of regulated businesses act appropriately and that those few who require encouragement to adhere to the regulatory requirements can soon be quickly brought into line through the use of these notices. Fair trading is good business.
Territorians will particularly welcome the new infringement notices targeting door to door traders who call uninvited to homes on weekends. If they call on a Sunday, or public holiday, or otherwise outside the prescribed hours, they will be liable to an infringement notice of $550 per offence.
Our government is also moving to improve financial literacy. Today, I have unveiled a new project called Money Stuff developed in collaboration with Consumer and Business Affairs and the Department of Employment, Education and Training.
As I stated earlier, education is the key to empowering people, which is why we have moved to focus on supporting financial literacy to assist hundreds of young Territorians as they set out in life. We hear many stories about young people finding themselves in an ever increasing debt cycle, and feedback shows that both parents and young people believe that lack of money managing skills is a major contributor to youth debt.
One example is the debt associated with mobile phones which is at a record high and will increase as technology advances. People are now able to use mobile phones to change ring tones for a fee, pay accounts, access the Internet, buy CDs, download music, and if they know a bank account number and PIN number they can make bank transactions. Young people need to develop the necessary financial literacy skills at an early age to enable them to move through life as independent informed consumers whether it is buying a car, a phone, or renting a unit. I believe that consumer education is a life skill necessity which is why we have moved to focus on supporting financial literacy through our curriculum to assist hundreds of young Territorians. Money Stuff is an exciting Internet-based interactive curriculum program that is currently being trialled in a number of high schools across the Territory. I am sure, and this confidence is shared by the minister for Education, that these trials will result in Territory-wide application of the Money Stuff program.
The Money Stuff educational resource program is an excellent tool which provides information through an interactive website including challenges, quizzes and fact sheets to assist students in understanding consumer rights buying products and basic money matters. The program also includes intensive teacher resource kits, printed material and lesson plans to educate young consumers to manage their money successfully and stay out of debt. In time this will be rolled out to remote indigenous schools to compliment the very successful Michael Long Indigenous Consumer Education campaign.
When we came to government we looked to develop mechanisms to assist people to resolve disputes outside the court setting to reduce the cost to parties and free up the court system where issues could be resolved in other ways. A successful community justice centre is a great example of that policy shift. In recent times, changes to the Residential Tenancies Act have kept most disputes out of court and transferred responsibility for dispute resolution to the Commissioner of Tenancies. The number of disputes lodged with that office has increased enormously as has the number of resulting tenancy inquiries conducted.
Most recent increases in disputes have given rise to some concern. Already tenancy disputes lodged with the Commissioner have increased by 20% and 38% respectively in the last two years. It appears some Territory landlords are capitalising on the increase in property values by increasing rents. However, landlords may risk losing good tenants through steep rent hikes. A buoyant economy, employment opportunities, and our great Territory lifestyle have attracted many new residents to the Territory, and to Darwin in particular, creating a strong demand for rental accommodation.
There is an assumption in the Territory that the rental market is strong enough to accept higher rates. However, there has been a substantial increase in applications to the Commissioner of Tenancies by landlords to take back possession of rental premises due to tenants falling behind in their rental payments. Higher rents and some rents which have risen in excess of $50 per week in recent months, puts added pressure on household budgets, particularly for those on low incomes, and landlords need to consider what impact any rental increases are likely to have on their ability to retain existing tenants and or attract new tenants. Keeping rental increases to a reasonable level may in fact provide a better return for their investment in the long run.
Consumer Affairs has responded to these circumstances by mounting an awareness campaign targeting both landlords and tenants. Tenants should ensure they read their rental agreement or lease carefully before they sign, as most rental agreements clearly outline when and how landlords can increase rents. The terms of the agreement relating to increases in rent must comply with the Residential Tenancies Act. Landlords must similarly be aware of compliance with agreements and mindful of the rental affordability for valued tenants.
I now turn to the government’s consumer advisory body. Earlier this year, I appointed five new members to the Consumer Affairs Council. The council is an advisory body to me on issues affecting consumers that meets regularly throughout the Territory. The five new members joined five existing members bringing together a wide range of experience and expertise to provide government with advice on issues affecting consumers around the Territory. Mr Graeme Bevis was reappointed as chair of the council. Other re-appointees include Phil Maynard, Mick Uibo, Rajeev Sharma and Leigh Shacklady. New members appointed also demonstrate a vast experience and expertise in their respective fields that will support them in their roles on the council. These members are Des Rogers, Frederica Gaskell, Alistair King, Jacqueline Nichols and Rosemary Redgen.
The Commissioner of Consumer Affairs is concurrently undertaking a review to re-examine the role of the council and its interaction with the Office of Consumer and Business Affairs, as well as the potential to enhance the relationship between the council and federal bodies. It is expected that the review will be finalised by October this year. The major focus for the Consumer Affairs Council through the last 12 months has been to examine, consult and report on issues facing young consumers. The council consulted with young people, youth groups, service providers dealing with young people, indigenous people, multicultural groups, and utilised feedback from the surveys conducted in urban, rural and remote areas of the Territory. The results of the consultation proved that although consumer issues affecting young people covered a broad spectrum, it was monetary issues and a lack of financial literacy education which were the most common concerns across the board.
In the near future I will be meeting with the council and the Commissioner for Consumer Affairs to discuss the recommendations. There is a strong synergy between the council findings and the recommendations on the Youth’s State Strategy and current work being pursued by Consumer Affairs in raising the awareness of financial and consumer literacy issues amongst young Territorians.
Members may be familiar with the Consumer Affairs’ Fair Trading Officers whom you all see at stalls, shopping centres and markets providing consumers with on-the-spot advice. The theme for the displays is determined by the emerging issues reported through the consumer affairs inquiry line. Over time, themes have included scams, warranties and tenancy issues such as breaking leases, security deposits, and lack of repairs and maintenance by landlords.
Statistically the Office of Consumer Affairs is very active. Over 15 000 inquiries were lodged through the consumer inquiry line in the last year comprising 42% on residential tenancy issues; 17% relating to purchasing of goods, pricing refunds and warranties for example; 15% automotive, largely purchase or repair issues. Consumer Affairs officers visited 329 retail and business premises in dealing with consumer issues or licensing matters relating to approximately 1500 licences issued and monitored.
The Trade Measurement staff last year undertook 1496 visits to premises and tested or inspected 2577 instruments relating to volume, weight, or other measures. In 2005, 1350 prepared goods were also tested for correct calibrations. Proper weight and measure underpins our confidence in fair trading and purchasing activity. We want to be confident that we are getting our litre of petrol, our measure of scotch, or our kilo of veges or meat.
In my role as minister responsible for Consumer Affairs, I recently hosted the Ministerial Council on Consumer Affairs, MCCA, meeting in Alice Springs over 16 and 17 May. I pay tribute to the excellent hospitality and service provided for the ministerial dinner on the night of 16 May. The venue was the outback setting at Ooraminna, with hosts Bill and Jan Hayes. Bill is a sixth generation Territorian. The Victorians, who will be the next hosts of the ministerial council, are going to find the bar that was set at such a high level very hard to match.
Major decisions taken and issues discussed at the ministerial meeting included the establishment of the Do Not Call register, scams research, unfair contracts, national regulation of property investment advice, and reforms to the product safety system. I will detail here two of the topics I know that are of interest to many Territorians and members of the Chamber.
MCCA agreed to undertake research into scams. This research will collect information on the extent of consumer fraud and scams in Australia, including the extent of financial loss suffered by consumers. International research indicates that one in 10 may have been a victim of a consumer scam or fraud. If this is true in Australia, then significant amounts of money are leaving the country fraudently. In Queensland alone, police investigations indicated that $7m left that state last year through the Nigerian scam. These are the only figures available on international scam activity, and highlight the need to quantify the extent of the problem. The research approved by the ministerial council will give us some understanding of the size of losses experienced and the damage to consumers and the general community.
Territory consumers are confronted with scams on a regular basis. While the Office of Consumer Affairs receives numerous complaints about scams, it is believed that these numbers do not reflect the true extent of the problem. It is likely that many people choose not to report scams either because they dispose of the material or ignore it or, alternatively, because they have been affected by the scam and are too embarrassed to tell anyone.
In the Territory we have taken a proactive approach to tackling scams. We joined with the Australasian Consumer Fraud Task Force to roll out a four-week media campaign telling people to ‘delete it, destroy it or hang up’. We have also sponsored and contributed to a book released nationally called the Little Black Book of Scams, warning consumers about scams. At the community level, we are also being proactive by providing a presence at community events and shopping centres to give out general information on scams, and regularly warn the community about current scams through the media.
Another outcome of the ministerial council that is likely to be welcomed by many Territorians is the establishment of the Do Not Call register. As a result of the states’ and territories’ push to the Commonwealth government intervention over the problem of unsolicited telemarketing calls, the Commonwealth Minister for Communications, Information Technology and the Arts, Hon Senator Helen Coonan, released a discussion paper late last year regarding the establishment of a Do Not Call register. Initially, it appears that the federal agencies were unaware of the extent of the nuisance telemarketing calls, while state and territory fair trading officers were being bombarded with complaints.
The Commonwealth has since announced that they would establish a Do Not Call register by the end of 2007 with a commitment of $33m - $17m from the Commonwealth government and $15.9m from the telemarketing industry. Telemarketers will be prohited by legislation from contacting any phone number listed on the register. Penalties will apply to telemarketers who fail to comply. Consumers will be able to enter their phone numbers on the register at no cost. Unfortunately, small business will not be able to register as the scheme is proposed for restriction to individuals. Exemptions will be provided for the following groups: charities, registered political parties, independent members of parliament and candidates, religious organisations, educational institutions where a call is made to a student or alumni, and government bodies.
As its name suggests, the Office of Consumer and Business Affairs is also charged with managing business registrations and compliance. To streamline the process and improve records management, Cabinet recently approved the purchase of a new improved computerised online register and compliance system. The new system will replace the 13 systems, many of them small, stand-alone manual systems. The licensing and regulatory systems to be supported by the single CABA system include: Incorporated Associations; Business Names; Travel Agents (four categories of license); Motor Vehicle Traders, both dealer and manager; Second Hand Dealers; Pawnbrokers; Commercial/Private Agents, including private bailiffs and inquiry agents; Process Servers and Commercial Agents; Real Estate Agents; Business Agents; Conveyancing Agents; Registered Agents; Auctioneer Licensees, and Trade Measurements.
The acquisition is in line with our government’s Economic Development Strategy by providing a state-of-the-art online government service. The online Register and Compliance System provides a single corporate database for Consumer and Business Affairs and the Territory Business Centre, creating efficiencies in interagency data transfer and access to statistical information.
We expect that the new system will result in greater customer satisfaction with enhanced accessibility through the Internet and reduction in duplicated effort.
The Business Affairs Unit is busily overseeing the implementation of the new Associations Act, now in operation for just over two years. The act aims to promote the self-regulation of associations and to require improved standards of governance and accountability. There are thousands of associations and incorporated bodies around the Northern Territory, and they form an important part of our social fabric, including our local sporting and recreation clubs. The volunteer or not for profit sector is vitally important to the Northern Territory. These organisations are involved in all sorts of activities and service to Territorians, including the delivery of a large number of government services.
The improved awareness of governance and accountability standards has seen association members taking a closer interest in the self-regulation of their associations. Open, transparent and accountable management of these organisations is vital to sustainability and better governance.
To support the improvement of the management of associations, training has been provided throughout the Territory for association management committees and members. In excess of 2000 people have availed themselves of more than 160 courses that have been on offer over the past two years. This positive response has been encouraging. The courses have ranged from an overview of the legislation to upgrading the constitution, minute taking, strategic planning, finance and budgeting, and more. With nearly all clubs and associations reviewing their constitutions and structures in accordance with the new act, an unprecedented 8000 calls were taken by Business Affairs last year. This is a very significant consultation or inquiry rate for the 1700 incorporated associations in the Territory.
Before any business may be carried on in the Northern Territory under a business name, the name must be registered under the Business Names Act. Charges for business names, applications and renewals were ceased by the previous CLP government in the run-up to the 1997 election. At that time, the charge for registration of a business name was $85, and renewals were $55. Currently, the Northern Territory is the only jurisdiction in Australia that does not charge an application or renewal fee for business names.
Free registration in the Northern Territory has resulted in a disproportionate number of registered business names, standing currently at approximately 20 000, by enabling people, including from elsewhere in Australia, to squat on business names in order to gain domain names, or otherwise unfairly restrict the use of a business name. This has become an additional cost to the Territory. In other jurisdictions, charges provide a natural filter for squatting. The lack of protection of business or trading names under which a trader operates has been a concern to the industry. Charges in other states, which some regard as a fee for service, range from $85 to $212.50 for business name applications, with an average charge of $124.55. Charges for business name renewals average $103.07.
From July 1, 2006 the Northern Territory will charge application fees of $60 for three years, that is, $20 per year, and renewal fees of $50 for three years, which equates to $16.66 for each year. These will be the lowest charges in Australia and we continue to back Territory business. The reintroduction of fees for business name applications and renewals will heighten awareness of the protection benefits for business, particularly through the reduction of squatter activity. Fees for registering a business name are not unreasonable as traders and businesses derive protection from their business identity. Furthermore, consumers through the business name registration process have a knowledge and certainty of who they are dealing with. From a business perspective, this will add value to their business name. From a consumer perspective, this reintroduction of fees will weed out the squatters and enhance the certainty of with whom consumers are dealing.
The Agents Licensing Act provides for the licensing and regulation of the real estate, business broking and conveyancing industries. While this legislation has being amended in various parts on numerous occasions, a comprehensive review of the act has not occurred since 1990. However, since that time there have been significant industry developments such as Internet marketing of properties and cross-border property trading. In addition, modern accounting practices and procedures have rendered some of the provisions to be redundant.
A review of the act is about to commence. New legislation will aim to:
represent best practice in terms of structure and ease of understanding compliance requirements for those administering and those regulated by the legislation;
represent best practice in respect to its content, and that is the degree to which agents are regulated and how they are regulated;
have a reasonable degree of acceptance from the occupations affected by it; and
be able to justify in terms of competition impact and principles, that is legislative contents can be justified as being in the public good in the sense that the benefits outweigh the negative effects and costs of regulation.
In undertaking this review, the Office of Consumer and Business Affairs will work with consumers and traders to deliver a more contemporary and stronger agents licensing system.
Mr Acting Speaker, in summary, the Office of Consumer and Business Affairs, is actively working with traders and consumers across the Northern Territory as its record demonstrates. I sincerely thank the hard-working staff for their efforts and service to Territorians. In a number of ways the Territory is leading the nation in consumer issues and we should be proud of our achievements in supporting a balanced platform for consumers and traders.
Mr Acting Deputy Speaker, I move that the Assembly take note of this statement.
Ms CARNEY (Opposition Leader): Mr Acting Deputy Speaker, I propose to be relatively brief. Minister, I thank you for this statement which appeared to be done some time ago, given its references to Madam Speaker. There is clearly some good stuff in this statement, not surprising given the area. I would like to concentrate on a couple of issues to put on the record, some additional information that was missing from the minister’s statement.
In relation to the Do Not Call register, I understand that the only representation you made personally to Senator Helen Coonan, the federal minister, was one letter you wrote in 2005, which was in your capacity as chair of the ministerial council but not, in fact, in your capacity as a Northern Territory government minister representing Territorians in that sense. There was, I thought, a suggestion in the statement of, ‘Thank God for you because you have produced the Do Not Call register’, and I thought it appropriate it to put the other side of the ledger on the record.
For my own part, I am not entirely satisfied on the basis of what I know about the Do Not Call register, that it is going to be all it is cracked up to be. Members who enjoy reading the Weekend Australian when they can might remember an article several weeks ago about the difference between what the intention was and what might be the reality. I, for my own part will urge the federal government to ensure that the Do Not Call register is as comprehensive as it is being represented to be.
In relation to the minister’s comments about the Northern Territory Office of Consumer and Business Affairs being ‘bombarded’, and that was the word in the statement, we simply make the point that we wonder why it was that the minister or this government did not bother to make a submission to Senator Coonan’s discussion paper about the Do Not Call register. We have seen in the way that statements are delivered in this Assembly that Labor enjoys creating the illusion that they have done all these wonderful things, however, scratch below the surface and you find out that in fact that is often not the case.
The obvious issue to put on the Parliamentary Record in relation to this statement is the reintroduction of fees to small businesses. Frankly, the minister’s explanation in his statement was less than satisfactory. The expression that people were ‘squatting’ on a business name - and there are 20 000 registered in the Territory - I do not think it necessarily requires this government being the first from 1997 to introduce fees and charges. I do not think the argument is well made. I note the justification, or defence if you like, from the Attorney-General that these fees will be the cheapest in the country. The fact is that for the first time since 1997 fees will be charged. I do not think that is encouraging for small business owners.
We estimate that the government is likely to receive an extra $1m a year in revenue from business name renewal and fees alone. Given that this government is the highest taxing government the Northern Territory has ever seen and that this government has received well over $750m extra from the anticipated revenue it was going to receive from 2001, I do not think the case is well made.
We will communicate with business owners and we will tell them that this government - which is calling itself, and has called itself, business friendly – has slugged them. Not only is this government taxing Territorians at a rate higher than ever before – I think this government takes something in the order of $350m or thereabouts in taxes and charges from Territorians; the highest ever. This is hidden away in a statement that the Minister for Justice and Attorney-General has delivered.
We have had three days of parliament and the Business minister, to the best of my knowledge, has not made any reference whatsoever to this. He is a man who, in my view, is far from honourable but that is neither here nor there. However, he is a bloke who stands up in this parliament; yells and screams, puts himself about a bit and says that he cares about business. We have the obligation and responsibility to tell business owners exactly what he and his mates in government have done.
It beggars belief that with all of the GST revenue and given that this government is the highest taxing government Territorians has ever seen that they would dare to slug a fee on hard-working Territorians. The minister for Business made a statement earlier today, a business-related statement, declaring in a sense his undying love for those in business and yet he did not even have the courage to say: ‘And by the way love you all though I do, me and my mates have just slugged you something in the vicinity of $1m a year’.
Ms Lawrie: Should hear what they say about you, Jodeen.
Ms CARNEY: What the member for Karama knows about business could be written on the end of a match. Whilst I appreciate some of the initiatives …
Mr Stirling: Less than 50 cents a week.
Ms CARNEY: … although many of them are not those …
Mr Stirling: 50 cents a week.
Ms CARNEY: … of the Attorney-General. Mr Acting Speaker, I am used to the member for Nhulunbuy yelling and screaming but I do ask that he – I can yell too. I am happy to; I think I have a reasonably good voice …
Mr Stirling: Please do not.
Ms CARNEY: … but I do ask that …
Mr Stirling: I will be quiet if you do not go on.
Ms CARNEY: … Mr Acting Deputy Speaker, you do the decent thing.
Mr ACTING DEPUTY SPEAKER: Yes, Leader of the Opposition. I ask members at this late stage in the week to allow the Leader of the Opposition to finish so we can move on. Thank you.
Ms CARNEY: Thank you, Mr Acting Deputy …
Ms Lawrie: You should direct your remarks through the Chair, then.
Ms CARNEY: Mr Acting Deputy Speaker, could you do what you are meant to do?
Mr ACTING DEPUTY SPEAKER: No, that was not a relevant interjection, so let us continue, Leader of the Opposition.
Ms CARNEY: I should ask for a microphone to hang here. Are we all settled, children?
Mr Acting Deputy Speaker, they are the issues I wanted to get onto the Parliamentary Record. However, when the member for Nhulunbuy was muttering away, rising to a bit of a yell, I was reminded of what happened in Question Time today. He gets very precious when other people raise their voices, but that is usually for good reason. It is a mystery to all of us. We do wish him well in his retirement. We hope that will be sooner rather than later because, as Treasurer, he can do all Territorians a favour and get back to whatever it was he did before entering politics.
With those comments, Mr Acting Deputy Speaker, I will conclude. I am sure all Labor members have been completely riveted by them.
Ms ANDERSON (Macdonnell): Mr Acting Deputy Speaker, I support the statement on Consumer Affairs by the Minister for Justice and Attorney-General. I congratulate the minister and officials from Consumer Affairs and the Department of Justice for the progress that they have made in protecting the rights of all Territory consumers.
I know the progress because, in my previous role of ATSIC Regional Council and Commissioner, I was involved in the formation of a liaison group to consider what could be done about a range of problems being experienced by indigenous consumers. The liaison group was initiated by Central Remote Regional Council who hosted a visit to remote community stores in Central Australia by ACCC’s David Cousens. The group saw firsthand some of the problems experienced by local communities, including the lack of price marking of goods and stores closing without warning - sometimes for several days. Often, these stores were the sole source of supplies for communities and their unexpected temporary closure caused hardship, as well as food being sold past the use-by-dates, stores acting as unofficial financial institutions through the use of book-up and holding customer’s key cards and PIN numbers, and an apparent lack of awareness by store operators and staff of basic laws such as the Trade Practices Act, and state and territories fair trading acts.
Outcomes from this visit included the development of an MOU between ATSIC, ATSIS and ACCC. Through ATSIS’ research into the book-ups, there was the development of a store charter by ACCC - a voluntary code of practice for remote community stores. The first Indigenous Community Protection Conference was held in Alice Springs in 2002. A key outcome from this conference was developing strategies for closer cooperation between Commonwealth and state consumer agencies, and between these agencies and the indigenous agencies. As Professor Fels said in his opening speech: ‘Cooperation is needed in the enforcement of consumer laws as well as consumer education’, and that, to date, efforts of agencies had been ‘piecemeal and relatively ineffective’.
From these small beginnings, the issues of indigenous consumer protection, consumer education, banking and financial literacy were acknowledged. On the agenda of all agencies regulating this area, a working party was formed, chaired by the NT, to develop the National Indigenous Consumer Strategy which was launched in September last year.
I am particularly pleased to hear the minister’s announcement of the development of the mandatory Code of Practice under the Consumer Affairs and Fair Trading Act to regulate book-up. Book-up involves the trader offering a small amount of short-term credit that is usually secured by the consumer leaving their debit card and PIN number with the trader, or having their social security cheques posted care of the store. It is common in rural and remote Australia, and the consumers are mainly indigenous Australians. When it is properly administered, book-up can offer consumers benefits; in particular access to credit when other sources are not available. However, the way the book-up is operated by some traders results in a range of problems and instances of exploitation including: consumers being tied to one retailer for all of their purchases; a lack of transparency and poor record keeping with mistakes made in the trader’s favour; in exceptional cases fraud or theft; hidden or additional costs; excessive credit may be advanced leading to a spiral of debt; consumers have no or limited access to their funds especially when stores are closed; consumers have no opportunity to learn and practice electronic banking and money management skills; and consumers expose themselves to greater liability if any unauthorised transaction is made on their account.
Regulating book-up through a mandatory code will retain the benefits to consumers and hold unscrupulous traders to account. And, like the minister, I hope the practices of traders holding consumers’ key cards and PIN numbers, with overdrawing money from consumers’ accounts without their knowledge or consent will be regulated to history.
I commend the support of the NT Chamber of Commerce for a mandatory code; this reflects well on Territory business practices.
The Office of Consumer Affairs Northern Territory, South Australia and ASIC also deserve commendation for the work they have done with banks to write-off a number of personal loans provided to indigenous people by an interstate loans broker. I personally know of one indigenous woman who was caught up in the scheme. A profoundly deaf indigenous single mother of two was signed up for a loan; the repayments consumed two-thirds of her welfare income, and would have done for a period of seven years. To add insult to injury, the loan was for a car that this young mother could not drive as she did not have a licence and would never have been able to learn to drive because deaf people have difficulties with driving manual cars being unable to hear the gears change. The hardship and stress caused to this young woman and her two babies was enormous. I am very grateful for the interventions of Leigh Shacklady, the financial counsellor at Tangentyere Council, and officers of Consumer Affairs Northern Territory and South Australia and ASIC who have worked hard to have these debts written off.
I welcome the minister’s report on the activity of Consumer Affairs officers being out and about at shopping centres and markets, providing consumers with opportunities to discuss their concerns or seek advice, as it is well recognised that some consumers are more disadvantaged than others in their levels of consumer education. Some consumers may have limited access to educational resources because of low income and poor provisions of public services. Some may suffer from disabilities, and language differences may restrict access to consumer education where this is only available in English. People of different cultural backgrounds, including indigenous people, are disadvantaged when education is not available to them in ways that build on their existing understanding. Our Consumer Affairs officers recognise that these disadvantages exist, and are not waiting for consumer complaints to drive their actions but are adopting more direct ways of identifying the problems that exist. I commend officers for their approach and urge them to visit even more remote communities to build on the good work of the Michael Long campaign.
I am also very pleased about the Money Stuff educational resource program that has been developed by Consumer Affairs in partnership with the Department of Employment, Education and Training. As the minister said, young people do need to develop the necessary financial literacy skills at an early age to enable them to move through life as independent, informed consumers – a view that is supported by Professor Fels and I quote:
- If consumers are to obtain benefits from competition and the protection afforded by the consumer protection agencies, they need to have skills to be able to make appropriate marketplace choices. If problems do arise, they need to be able to take action to correct them. They need then to have at least a basic understanding of their rights and where to go to obtain assistance if necessary to enforce them. Consumer education is necessary to ensure people have these buying skills and necessary information and awareness to avoid or deal with problems. It is a key to the effective operation of the Trade Practices Act and is recognised as a basic consumer right.
Developing financial literacy skills is particularly important on remote communities. For many Aboriginal people, high levels of financial illiteracy means much of what is involved in consumer transactions and promotions is simply not understood. I look forward to a roll out Money Stuff in all schools and, echoing the words of the Chief Minister yesterday, I would like to see such a program also run for adult indigenous people on remote communities.
Mr Acting Speaker, at the beginning of the speech, I congratulated the minister and his department for the progress in consumer protection in the Northern Territory. The Northern Territory is leading the way in consumer protection with the development of a mandatory code for book-up, its membership of the National Indigenous Consumer Strategy Reference Group and the commissioner’s chairing of the National Indigenous Money Management Group. This is a very different situation to one that existed before the historic win by the Martin Labor government in 2001, when the reputation of the Northern Territory was not so good amongst their state and federal consumer protection agencies. I commend the minister and all officers of this department for their hard work on behalf of all Territorians.
Mr WARREN (Goyder): Mr Acting Deputy Speaker, I thank the minister for this important statement. He gave a very good update of what the current state of play is in the Territory and particularly what this government is up to, and I commend him for that. In fact, he is another minister who is clearly in touch with the issues of his department and is on top of those issues. Thank you, minister, for that very enlightening speech.
I want to expand on some of the points that you raised in that speech. Underpinning this whole thing is the climate of fair and just rights of Territorians, be they consumers or traders. That is the underlying element that came through the minister’s speech and that is the behind-the-scenes element of what I am talking about tonight. It is about fairness and justice for all. Let us not forget that that is a basic Labor principle. This is a very good element of a basic Labor government and what the minister has expanded on is about what I joined the Labor Party for, and became part of this government. Thank you, minister, for that.
Let us get on to some specifics and talk about book-up. Book-up is a fact of life for many Territorians particularly those in indigenous communities. If it was not for book-up life just would not go on. The minister has acknowledged that element and to say that we should throw it out and move away from it is just not the way to go. It is there, we need to do something about it but it is not just the indigenous Territorians who rely on book-up; it is a fact of life right across the Territory. There are many less advantaged Territorians who rely on book-up and let us not forget that. Of course it is important to indigenous communities but there are people in urban areas, both indigenous and non-indigenous, there are people in my electorate in the rural area who rely on book-up. The whole concept that the minister has talked about in respect of that not just encompasses indigenous Territorians but also Territorians of all cultural backgrounds. The big difference, I guess, is that on indigenous communities unscrupulous traders think it is okay to take advantage of indigenous Territorians. That is the big difference and that is why it is so important that we address the issues on indigenous communities.
I fail to understand that concept but I do know that there are people out there who actually do this and it upsets me that people who call themselves Territorians could do this to other Territorians on the basis of race. That has not been raised here but I want to raise it.
On the other side of the coin we have the community-based stores. They are out there struggling to stay viable with mounting creditor debt. There are those stores which are doing the right thing, although, the converse side of it is that, not through any fault of their own, they are getting into a situation where they are becoming less and less viable. The fact that the minister has undertaken to tackle this necessary element for some people’s lives is a big challenge but it is the right thing to do.
Quite rightly, it needs to operate under a mandatory code of practice. I cannot think of any other way it could operate and that is the important element of it. It is not about throwing the whole process out. It is about operating in a regulatory regime and a mandatory code of practice is the only way to go.
I also commend the minister for discussing how he and his department have approached it in an open government process. It is what we engage in, in this Labor government - extensive consultation with both traders and consumers to ensure that this code will work. I am looking forward to the outcome of that and to the minister updating us further on book-up.
Another area that the minister raised was the area of bank loans and how disadvantaged, poorly educated, or inarticulate Territorians are being targeted, especially the less regulated third party lenders and brokers. This is an area that needs to be addressed. I commend the minister for tackling it and also telling us what the banks are doing. The banks are doing a lot to ensure that their loans through third parties are being conducted responsibly. That is good action and good engagement with this government and the banks. The banks are required - as a matter of interest - to have these loans written off. As the minister explained, there are around 60 Territorians who have had their loans either written off or are under review. That is a pretty poor indictment of the process that is going on. I commend the minister for tacking it head-on and engaging the banking community.
The minister talked about infringement notices from 1 September 2006. That will bring some sensibility back into the whole regulatory process for non-major breaches of the consumer laws, and I guess that mainly is motor vehicles, real estate and door-to-door sales people and traders. Taking that away from the courts, putting it into the more realistic infringement area is a good way to approach it. This is a measured approach to protect consumer rights while trying to modify trader behaviour. That is the right way to go.
The minister talked about youth and financial consumer literacy. That is a big area. Our youth are very vulnerable in this area and youth debt unfortunately is at record levels, particularly in this day and age with mobile phones, first car purchases, even when they leave home and rent their first unit. My daughter has been though all that and I know the problems with that. One of the things that the minister did not raise, but many of us as parents can relate to, is that often this debt is passed onto the parents. It is not through any fault of the children but they have nowhere else to turn. Some of the parents are getting on towards retirement and are suddenly having to take on extra large debts that they did not envisage. That is putting extra stress on the family situation which is not a good situation either.
What the minister has talked about is consumer education being a life skill. He broached the subject of money skills in schools, which is a joint initiative between the Education Department and Consumer Affairs. Departments are interacting for positive outcomes. He said during Question Time that this is being trialled in five schools, and involves challenges, quizzes and fact sheets. I am looking forward to the results of that because it is a way to engage the students. This government is serious and wants to educate young consumers on debt, and make sure we eradicate that element of their lives.
I want to also broach another area. I am not sure whether the minister is aware but I will advise him right now about the participation program at Taminmin High School, and that came about through my involvement in the school council. Taminmin High School is very conscious of this serious problem and they are now using the 2006 Australian Financial Literacy Assessment model to target Years 9 and 10 at the school, to get feedback on the financial literacy awareness of these kids so that the school can initiate programs to raise their financial management skills. The 2006 Australian Financial Literacy Assessment model is an initiative of the Commonwealth Bank Foundation and has been developed and delivered by Educational Assessment Australia, a wing of the University of New South Wales. There are schools out there also taking on that same concept. I am sure that has come about because of what the minister for Education has done as well. It is great news about cooperative work between departments and between ministers, something that we on this side of the House cherish.
Last month, the minister appointed the new Consumer Affairs Council, and I am pleased to see that a youth strategy is a key focus of the council. The key elements coming from the council’s own consultation process was the need to raise financial and consumer literacy levels amongst our youth. Again, there are more elements of cooperative work to address those particular areas which are relevant to consumer affairs and fair trading, particularly regarding to youth.
The minister talked about tenancy dispute resolution too. The areas go on an on, but the minister raised all those areas because he is on top of this issue. Tenancy disputes are now moving out of the courts and being dealt with under the Residential Tenancies Act. It is all about fairness for both tenants and landlords instead of letting poorly understood guidelines take precedence. In cases of conflict, it is about trying to work through the issues under the guidelines of the Commissioner of Tenancies. Again, it is about taking it away from the courts; it is about trying to work in a more sensible way to deal with the issue.
The minister talked about how the Office of Consumer Affairs was out and about. That is great because that is what we need to do as good government; we need to get out there and tell people about what we do. People come into my office all the time wanting to know these things but, if you have a department also out there telling people in the public arena at markets, retail and business outlets, we can get that message across. Of course, they are also dealing with these retail and business outlets, concentrating on the emerging issues of public concern, particularly scams, warranties and tenancy issues. These are the three main ones that keep coming up time and time again, but the minister and his department are tackling it at various levels.
The minister pointed out that one in 10 consumers are victims of a scam or fraud. That is pretty frightening. That means that each and every one of us here probably, at different times, has been caught up in it. Some of us might not be aware of it, but it is out there. This government has initiated a process to counteract that scam - that is good news - working with Australasian Consumer Fraud Task Force in sponsoring that Little Black Book of Scams. I like the title ‘black book’ because that is what scams are; they are black and they are nasty. But this book …
Ms Scrymgour: Oh, that is not nice.
Mr WARREN: My apologies. It is euphemistically spoken.
Ms Scrymgour: We even get it on our side.
Mr WARREN: It is a good book. We could have called it the little red book, but ‘black’ as in sinister black, not in beautiful black.
Ms Scrymgour: I would quit while I was ahead.
Mr WARREN: Anyway, the book is about telling consumers out there how to deal with these issues in the same way as the road shows and stalls they have. It is also about informing Territorians.
I am also pleased to hear that they are working with the federal government in establishing a Do Not Call register by the end of 2007. This is a great initiative to try to limit intrusion into our lives by telemarketers. Let us all be quite frank about that; none of us like those people ringing us. They all seem to ring up at time when you are watching the football, or you have some visitors …
Mr Vatskalis: At dinner.
Mr WARREN: … or dinner. That is the classic dinner trick because they know you are there. For people to be able to register as a free service is the way to go. It is all about working for Territorians.
Finally, just to raise a point on the minister reviewing the Agents Licensing Act. The Agents Licensing Act provides licensing regulation in relation to real estate, business brokering and conveyancing industries. It has been amended many times and has probably reached a point where it really is not workable. The previous government sat on its heels for a long time. It was not reviewed. It has not been reviewed since 1990. We are now into the process of ensuring that that review takes place - a proper review to ensure that best practice of structure and ease of understanding is part of the whole principle, as well as the practice of regulations of agents. I commend the minister for that.
I cannot finish without mentioning the very poor input into this debate by the Leader of the Opposition. She only raised two issues and, quite honestly, they were very flawed. The first one was regarding the Do Not Call register. This is not a panacea for all the ills of consumer rights, but part of an overall approach that we are taking, which the minister has expanded on. It is an across the board approach on consumer rights. I am sorry that the Leader of the Opposition did not take note of that, or the fact that we were more prepared to engage with the federal department on these issues.
The Leader of the Opposition clearly did not listen to the minister’s reason for introducing the business name changes. These are for potential businesses to give them a chance to give their business an appropriate and relevant name, without having to pay some unscrupulous or opportunist third party some exorbitant price just to be able to get a name that is relevant to their business. It is about giving Territory businesses a fair go. It is really disappointing, that this is the only part of the debate that the Leader of the Opposition can give to this whole issue, but maybe, just maybe, that shows the value and the calibre of the debate given by the minister. I commend the minister for his very important speech to the House.
Dr TOYNE (Justice and Attorney-General): Mr Acting Deputy Speaker, I thank all members for their contribution to what is a very important topic for the House. There is no doubt that the Northern Territory has come from the dark ages in terms of consumer affairs, where we had a toothless consumer affairs process and the previous government barely painted it lip service. That was reflected in very bad outcomes, not only for consumers, but also for the business community in the Northern Territory. One thing you increasingly realise about Consumer Affairs is that it benefits business as much as it benefits the consumers, because it gives certainty and it gives fairness to the relationship between the two. That is generally, in the long run, much better conditions for business to prosper in as well as the consumers knowing that there is a fair environment to consume.
I will quickly deal with the two matters raised by the Leader of the Opposition. In putting to me ‘How many letters did you write to Helen Coonan?’, she totally misunderstands the actual process. The process was carried through the Ministerial Council for Consumer Affairs, of which I was the chair at the time that this item came through. The reason it was in that forum is that there is absolutely no point in trying to establish a Do Not Call register unless it is going across the whole of the country, because most of the telemarketing is done on a national basis, not by jurisdiction by jurisdiction. So the whole point is that you get all the governments to line up on it.
The Commonwealth government has to lead, because it has to put into place a national scheme. What then happens is that the steps of setting up such a scheme is mediated through the national forum, quite properly, where all ministers, including the federal minister, work out, step by step, with the help of the officers from our various Consumer Affairs sections of government, as to the best way of establishing that scheme. Normally, there are contributions made from around the country. In this case, the Commonwealth government is putting up the scheme and paying for it, as I related in the statement. This is a very normal process for this to go through, so for me to be chastised for not personally sending letters to the federal minister, I believe the Leader of the Opposition needs to find out how these national forums work.
I can assure the Leader of the Opposition that we were not hiding the business name charges, in fact, it would be a pretty silly way to hide it, seeing I put out a media statement and had several media interviews about this very topic. It is a strange way of hiding the fact from the public and the opposition for me to talk about it in the media. There is no doubt: I went out and fully explained that change. The changes, as the member for Goyder reiterated and as we said in the statement, are very much aimed at removing scams and the wrongful use of the registration process and to give a fairer playing field for businesses which want to register a name and trade under it.
The amount of money we will collect from these charges will not be as much as the amount of money it requires to register the scheme. There is no nett profit to government by bringing in these charges; the charges are brought in for quite another reason. They are brought into make it harder for people to register multiple names and then to make wrongful profits from the on-selling those names to other people. We have had very clear cases of those scams being visited through the Territory scheme and we were becoming a bit of a target nationally for unscrupulous people who wanted to profit in that manner.
I close my debate in reply by paying tribute to Richard O’Sullivan and his fantastic staff at Consumer Affairs. Consumer Affairs is a part of government which performs way above the average of what you would expect for the number of staff there. They cover an enormous range of things and you will see their activities throughout the Territory as I reported. They do a fantastic job and I commend them. Thanks to members and I will leave it at that.
Motion agreed to; statement noted.
ADJOURNMENT
Dr TOYNE (Justice and Attorney-General): Mr Acting Deputy Speaker, I move that the Assembly do now adjourn.
Mr VATSKALIS (Casuarina): Mr Acting Deputy Speaker, in the past few weeks a number of ethnic communities celebrated some important events, and I was very pleased to attend some of them: Timor-Leste National Day, Portugal’s National Day, Philippines National Day and, of course, there are many to come. One of them, next weekend, is India at Mindil.
Last weekend, Darwin once again celebrated the Greek Glenti. This was the 18th Glenti to be held in the city. The word ‘Glenti’ is translated as a celebration or a feast, and you have a Glenti to celebrate a joyful day such as a wedding, a christening, or a name day. The Greek community organised the Glenti to celebrate our community and to get together to enjoy the hospitality and culture of the Greek community, eating Greek cuisine delicacies, drinking wine and beer, and to dance to Greek music.
Many times in this Chamber we have heard about histories of the people in ethnic communities who make up the Territory, and who have contributed to the Territory. I take this opportunity to talk about the Greek community in the Territory.
The first Greek presence recorded in the Northern Territory was Manuel Kangris, a cook on George Goyder’s survey vessel, the Moonta, which arrived in Bynoe Harbour on 5 February 1869. At the same time, other Greeks arrived in Darwin, such as Angelos Sakellarios and B Foulis, as well as Antonios Gemenis, a Kastelorizian sailor, who operated a trepang lugger from Semarai in New Guinea. That was the first recorded presence of Greeks in the 19th century.
A larger number of Greek migrants started arriving in Darwin as early as 1910. Some of them were Alexandros Harmanis, Kyriakos Kailis, George Margaritis and Elefterios George Haritos. Other Greeks from Kastelorizo arrived in Darwin mainly to work at the Vestey Abattoirs. Greeks arrived from Queensland when the cane cutting season finished to work at Vesteys and went back to Queensland when they finished their work.
In 1917, the first small Greek community was formed in Darwin. A primitive church was built and the first Greek Orthodox priest, Father Chrysanthos came to Darwin. There were two Greek groups at the same time: one in the ‘Greek town’ near the port and one in Salonika on the rail link to the meatworks. The name Salonika is still familiar to many Darwin people.
Elefterios George Haritos started the salt works in 1919 with three other Greeks, John Sfakinakis, Dick Colivas and George Harmanis. The salt works provided salt for the meatworks as well as the Darwin people and pastoral stations outside of Darwin. It is alleged that between 1914 and 1919 more than 1400 Greeks had arrived in Darwin. By 1919, there were about 300, and in the 1920s, when Vesteys closed, only 76 Greeks remained in Darwin. Some of the Greeks left Darwin and went to Queensland where they established a small community in Roma. Others went to Perth where there was already established a Kastelorizian community.
Despite the fact that the Darwin community respected the Greeks, events on the other side of the planet caused a mini-war between the Greeks and British Australian workers. In November 1916, in the middle of World War I, following the treatment of British troops in Athens by the ‘neutral’ government of Athens which was led by the pro-German King Constantine I, brawls erupted in the streets of Darwin. Fortunately, these brawls did not last long especially when the Greeks indicated that they were anti-royal and pro-alliance. When the Vestey’s abattoirs finally closed in the 1920s, some Greeks diversified their activities and became involved in the construction industry becoming - what else? - builders.. When things got really tough in Darwin in the depression, one of the Greek builders in Darwin, Mr Kafkaloudis, built his own small Greek-style boat, a caique, loaded his family and his belongings and went to Perth – 5000 miles away.
The present large Greek community of Darwin, consisting mainly of Kalymnians, had its origins in Broome and the pearling industry in the north of Western Australia. However, the pearls did not bring the Kalymnians only to Darwin; a number of Greeks were involved in the early 1920s in the pearling industry in Cossack, Roebourne, Port Hedland and Broome. The fishing for pearl oysters started in the 1850s in the Shark Bay region of Western Australia but soon moved up to Karratha and Cossack.
When the pearl fields in the area were exhausted the pearlers moved further north. The new pearling port was Port Hedland and it was here that the first serious Greek connection with the pearling industry eventuated. A Greek, Mr Antonias Julian, who jumped ship in Albany in Western Australia in March 1870, was the first Greek ever to go north to Cossack where he worked as a pearler.
Theodosis Michael Paspaley, a tobacco merchant from Kastelorizo arrived with his family in Port Hedland in 1919. He established a grocery shop and bought a share in a pearl lugger. Unfortunately, Theodosis died five years later but his sons, Michael and Nicholas, and his daughter, Mary, continued their father’s interest in pearling. A number of other Greeks were also involved with the pearling industry in Port Hedland, in Broome and northern Western Australia. George Marinos and George Thomas worked in Port Hedland, Jack Koutsoukis and Michael Canaris worked in Broome and John Theoharis, who was called King John by the local Aborigines, was based on Thursday Island.
Pearling in the north of Western Australia was a profitable business from the middle of the 19th century. However, after World War II the industry was struggling to gain its lost markets. In addition, the Australian government was mistrustful of the Japanese divers who, until then, comprised the majority of divers. While these events were happening in Australia, on the other side of the world in the Aegean Sea, a small Greek island was suffering a major economic depression. That was Kalymnos. The Kalymnians for many centuries were diving for sponges and in Greece if you mentioned the words ‘sponge divers’ the answer was always ‘Kalymnians’.
World War II saw the closure of the north African coast and the sponge industry was virtually dead for five or six years. Libya closed its coast in the early 1950s. Also in the 1950s the first synthetic sponges started to appear in the market and the market was soon flooded with the cheaper man-made sponges. The island of Kalymnos sank into economic depression. Hundreds of young men lost their jobs and they were desperate to leave the island seeking a better future. Meanwhile, the Australian government was looking to find suitable alternatives for the Japanese divers in the pearling industry in the north of the country.
The fear of the yellow peril together with the policy of the day – the ‘White Australia’ policy - ensured that no Asian islanders or other Asian divers were brought in to replace the Japanese. In Sydney, members of the Kalymnian Brotherhood heard the news about the divers and immediately approached the Australian government with a proposal to bring Greek divers from Kalymnos to be employed in the pearling industry. The Australian authorities could not believe their luck. The proposed migrants were white, they were Europeans, experienced divers, and there was a strong Greek community in Australia. They were hard-working, peace-loving people who had integrated well into Australian society.
In Broome, the capital of the pearling industry, pearl lugger operators, some of them Greek, were asked by Australian government officials what they thought of the idea. George Haritos, a pearl lugger owner, recalls:
- We were asked if anyone wanted Greek divers. Paspaley, Gonzales, Billy Sing, Curly Bell and ourselves decided to give the Kalymnian divers a try. In 1952, two diving teams arrived in Australia where the passengers arranged their expenses paid by the Australian government. One team went to Broome, the other was brought to Darwin. Unfortunately the project was a complete failure. The Kalymnian divers, despite their skill, were unaccustomed to the treacherous sea of the tropic north with extreme tides of 7 m, the dangerous sea life, the use of a half body diving suit and the industry’s bad safety record.
Following the death of Mihalis Hondroyiannis in Broome, the first Greek divers decided to leave. They broke their contract and, by coincidence, at that time the Australian government once again decided to prop up Darwin - now an important defence force outpost in the North of Australia. The government decided to boost our population and they needed more houses. The Kalymnians were not only experienced divers but also experienced builders since six months of the year, when there was no sponge diving, they were involved in housing construction on their island. The first group of Kalymnians came to Darwin and joined other Kalymnians who had abandoned pearl diving and were already working in the building industry.
The involvement of the Kalymnian migrants in the construction industry started gradually. A few Greek builders had already been involved with housing construction in Darwin. Most of them could not speak or write English, but their skill compensated for their lack of literacy skills. It was through these Greeks that the Kalymnians found employment in the construction industry, and soon moved from being simple workers to supervisors and, soon afterwards, to construction teams. In a few years time, the Greeks were controlling most of the building trade in Darwin and the Territory since a number of Greek builders built government offices, police stations and houses in Aboriginal communities throughout the Territory.
When the depression of the 1970s arrived, many building businesses, owned mainly by Anglo-Saxons, folded in Darwin. The Greeks were able to survive by cutting costs, working together, and working longer hours with minimal profit. The competition between the Greeks and the other builders created some animosity, and it was the beginning of some tension between the Greeks and the Anglo-Saxon community in Darwin. This tension led to open racism following the tragedy of Cyclone Tracy. It must be pointed out that only a minority of Darwin residents exhibited hostility and racism towards the Greeks. The majority supported the Greek community and soon that sad interval ended.
Christmas morning 1974 came and Darwin did not exist as a functioning city: 95% of the houses had been damaged; 64 people were dead and numerous others injured, and the city was evacuated. There was no running water or electricity. The roads were obstructed by damaged cars, parts of houses, and household items. There was no communication with the rest of Australia. That was a hard time for the Greek community in Darwin. They had never before witnessed such a catastrophe and, as is natural in these circumstances, the Greeks turned to their own group trying to find comfort and relief. Most of the Greek people had lost houses and personal property but, fortunately, there were no casualties amongst the members of the community.
During this period, the minority of Darwin people expressed openly their racist feelings against the Greeks because of the misconception that the Greeks had only helped themselves. In addition, Greek builders took some of the blame for the destruction of the houses during the cyclone. The fact that the government building branch was supposed to advise, check and approve buildings was forgotten. It was always easier to find a scapegoat. However, everything was forgotten when the Greeks started coming back and, with the rest of Darwin people, reconstructed the city. The Greek community had strong feelings about the revival of the city since they had invested heavily in Darwin. They had nowhere else to go and, after all, here was home.
There has been a Greek presence in the Territory for more than 100 years now. From the Greek migrants early in the 20th century who worked at the Vestey’s abattoirs and resided at the Salonika settlement, to the Kastelorizian pioneers in the 1920s, and the large Kalymnian settlement which started in the 1950s. The Greek community in Darwin has been a vibrant and dynamic community that has gained access to all aspects of Australian life.
Today, there are about 3000 Greek-born Darwin residents but, in total, the Greek origin Territorians exceed 7000 people. Despite the fact that large-scale migration of Greeks to Australia stopped many years ago, in the past few months, for various reasons - mainly jobs - a large number of Kalymnians who had returned to Kalymnos permanently all of sudden appeared again in Darwin. There are strong links between Darwin and Kalymnos. They are sister cities, after all. There is a Kalymnos Drive, Canaris Street, Maria Liveris Drive and Salonika Street in Darwin, but there is also a Darwin Street in Kalymnos. There is also a Darwin Greek Association.
The Greek presence in the Territory is evident by the Greek Church and a Greek School. In Cavenagh Street, the Greek Church was designed and built in the Aegean Island style, with wide verandas all around. Built by islanders, it could not be named anything else but St Nicholas. It is the centre of our religious activities and the famous Easter custom of the dynamites, as you all know.
The Greek Orthodox community of Northern Australia runs the Greek School. The school runs Greek classes for Greek children every Saturday morning. I hear there are about 180 children who learn Greek. The Greek community has managed to acquire a number of traditional Greek costumes which are used by a number of Greek dancing groups consisting of young Greeks, some of them traditional dancers of their country or the country of their parents.
Mostly born and having grown up in Darwin, many of the young Greeks now turn away from traditional Greek professions such as building, trade and shop ownership. We have many university graduates who are lawyers, doctors, teachers and public servants. Some of them are well qualified such as Dr Nik Vrodos, who lives in South Australia and is one of the best neurosurgeons in Australia. Dr John Glynatsis is still here. Others are involved in the banking area. Of course, there are people like Ros, Marilynne and Nicholas Paspalis, John Anictomatos and George Kapetas and, in the media, Nikola Lekias who, for a long time, presented the news on Channel 9.
The vast majority of the young Greeks are bilingual. Most of them speak fluent English and Greek, with a large dose of the Kalymnian dialect. I have found Darwin to be the only city in Australia where modern Greek is spoken openly in the city streets by old and young alike. In addition, many Australian children have picked up a few words that they use in their interaction with the Greek children of the same age.
The Greeks are very patriotic, they feel very strongly about their motherland, or the country of their parents. But, they are very strong Australians and have very strong Australian feelings. Many young Greek children now are joining the Australian Defence Forces. In the past, Greek Australians served in the Defence forces. As a matter of fact, the first Australian person who was killed in World War II was a Greek descent sailor who sailed in the Royal Australian Navy. Even John Anictomatis, the previous Administrator, had served in Vietnam after he was conscripted during the Vietnam War.
The Darwin Greek community of 7000 people is relatively young, still holds strong to its language, customs, tradition of the motherland, proud to be Greeks, and proud to be Territorians and Australian. It is a vibrant, strong community and has contributed and continues to contribute greatly to the cultural and economic development of the Northern Territory. For myself, as a Greek-born Territorian, Greek-born Australian, I am really proud to be a member of the Greek community. I am very proud to be a member of the multicultural community of the Northern Territory and represent all Territorians living in my electorate, irrespective of where they come from. I am very proud to be Greek-born, very proud to be a Greek-born Territorian, I am very proud to be a Greek-born Australian.
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TABLED PAPER
Portfolio Budget Statement for the
Department of the Legislative Assembly
Portfolio Budget Statement for the
Department of the Legislative Assembly
Mr ACTING DEPUTY SPEAKER: In preparation for the Estimates Committee on Tuesday, 20 June 2006, I table the Portfolio Budget Statement for the Department of the Legislative Assembly. This statement contains detailed information on the department at output and sub-output level, and financial variations between the financial year 2005-06 and financial year 2006-07.
____________________
Dr LIM (Greatorex): Mr Acting Deputy Speaker, today the Alice Springs News published two articles that are of particular concern to me. One is about the noise that comes from the Ron Goodin Power Station. It has been a real problem for some 10 months now and there has been, for all intents and purposes, nothing done about it, in spite of reassurances from the minister, and reassurances from Power and Water that something will be done soon. When the new gas turbine was first installed, the neighbourhood, not only in the golf course estate but also in the Sadadeen area, was affected by this jet turbine whine that went on all day. Following complaints by people in the area, the minister, and Power and Water, were approached to resolve this issue. People were saying that the noise from the turbine was so intense that even glass windows facing the power station vibrated in sync with the noise from the power station. There are people who do shift work who cannot get to sleep through the day because of the noise.
When the turbine was first installed, it was in summer. People wanted to stay outside in the afternoons to enjoy a late afternoon in Alice Springs around a barbecue. They could not do that because of the noise. They would go indoors to try to escape the noise, and they had to shut the whole house up. When you use an evaporative airconditioner in Alice Springs, you do need to have an open window or door to allow the air to circulate and to flow freely to achieve maximum cooling of the house. So people living particularly around the fairway and Range Crescent were severely impacted by the noise.
Power and Water then commissioned a study by a sound expert, who found the noise to be unacceptable and proposed some remedies, such as baffles and blankets for the power generator. It took another three or four months after the installation before the studies were completed. Studies included sound levels and measures to try to dampen the sound. Following the assessment, the minister and Power and Water advised that yes, they had put blankets around the turbine and they will put baffles on - I assume, the chimney - to try to dampen the noise. They were supposed to be done in March of this year and it was not done. In March, he said: ‘We are behind time; we will do it by June this year’. June is here and recently Power and Water circulated a letter to the suburbs that were affected by the noise to advise that they are behind schedule on installation of sound dampening devices and it would now be put off until October.
So each three months, each quarter, we get another deferral for another three months and this keeps on going. People are becoming quite stressed by the noise levels that go on all day, seven days a week. They are getting to a stage where they are suffering health consequences from the noise. Some people are even thinking of selling up and moving somewhere a bit quieter. Obviously, if they did sell now, they are going to suffer some significant loss of the value of their property.
One particular person whose name was printed in the paper, Ms Dubois, has been inconvenienced to such an extent that she has telephoned the minister at night. I know she does. She telephoned Power and Water’s CEO, Kim Wood, to lodge a complaint. Erwin Chlanda reported in today’s Alice Springs News that Kim Wood told Mrs Dubois, and I quote: ‘… could not see why the generator could not be moved’. We have been saying this right from the very beginning when the noise became noticeable and was troublesome. I said every new installation should now be installed at Brewer Estate. We cannot have a jet turbine sitting on a concrete pad in the middle of the suburbs. Imagine having a Boeing 737 blasting away just outside your street, it is just not acceptable. If Mr Wood believes that the generator should be moved, then I suggest to him that he should get things under way as soon as he possibly can to ensure that that happens this year. The sooner the better, so people can go back to their normal lives.
According to the Alice Springs News, they have tried to talk to Power and Water but obviously have not been able to get any direct interview. It is important to reassure the electorate that things are going to happen and it is going to happen in a timely fashion. Ten months has been a long time to wait. Ten months is a long time to have your day’s rest interrupted. Ten months is a long time to have your lifestyle interfered with to such a degree. I bicycle around the areas that are most affected by the noise and I stop and listen to hear what it sounds like. When I cycle up to the power station, in the area adjacent to the turbine, it is quite soft; it was quite a tolerable level. I did not have a sound meter to measure exactly what the noise level was but it was not loud. Even 100 m away on the road surface the noise is not loud. When you go up to the top of the fairway or walk up the drive way of some of the houses at Regis Crescent, which are almost at the same level as the top of the hill that separates the power station from the fairway and Regis Crescent, then you then start to hear the loud hum that comes through.
I am no engineer but what has happened is that the noise is coming from the chimney stack, and because the top of the chimney stack is almost flush with the top of the hill, the noise then comes out of the chimney stack and spreads out. Depending on wind direction as well, the noise can go quite far. In the old East Side, I pick up the noise when I go out to my back yard and you think there is a jet plane about to take off from the airport. You put it out of your mind, but 10 minutes later, while you are still working out in the garden, you think the jet still has not taken off and suddenly you realise that it is the power station that is causing the noise.
There are significant financial and health consequences in this situation and it is important that this is dealt with quickly otherwise I believe the government will be up for significant costs to compensate people as they undertake further action. There was a threat of a class action late last year; that has been put on hold I understand, but it is still always there in the offing if things are not resolved soon.
The other issue that was covered in the Alice Springs News that I have been interested in for a while is the issue of alcohol abuse and misuse, and the associated antisocial behaviour in Alice Springs. The Alice Springs News article was not so much about the antisocial problems there at the moment but more about what the minister for Licensing announced last week. Erwin Chlanda wrote the article titled ‘An Illusion of Doing Something’. I will just read a couple of paragraphs which I thought were quite relevant.
- At 12:28 pm last Friday, a minder for alcohol licensing minister, Syd Stirling, announced he won’t be issuing any new takeaway licences for 12 months branding the move as ‘a major effort to tackle alcohol abuse’. Two hours and 20 minutes later, a minder for Chief Minister, Clare Martin, circulated a media handout declaring that ‘the Alice Springs Alcohol Task Force has supported new measures being implemented by the Territory government to tackle alcohol abuse and antisocial behaviour’.
- The 12 existing takeaway outlets can easily provide enough grog to cement Alice Springs’ new reputation as the nation’s (the world’s?) homicide capital, or even to make it worse. Mr Stirling’s pathetic decision is an insult to Alice Springs where community leaders are calling for dramatic measures.
I know one business leader who suggested we should have no more takeaway licences: take them all, buy them back and have only home delivered alcohol. There are issues involved with that but it might be worthwhile for the task force to consider that and seek a submission from the businessman concerned to understand in detail what he meant by his proposal and how he sees it being implemented.
The new dry areas legislation that is going to be passed proposes to make all public places dry. For goodness sake, all public places in Alice Springs are dry already under the 2 km law. Why don’t you enhance or strengthen the 2 km law so that the police have stronger powers to deal with people who break the 2 km law drinking in public places? Without a doubt you will push drinkers into homes where they will continue to consume excessive amounts of alcohol and then, during their drunken state, create more violence within the home. I do not know how you are going to deal with it but the dry area legislation is going to cause more problems than it is meant to solve.
As Erwin says, when you do that how come the old ones were not enforced and you then say that public housing tenants who have to have behaviour agreements is one other way to resolve it? It is not going to be as easy as it all appears to be. It is more smoke and mirrors rather than leadership. More talk, more reports.
Mr BURKE (Brennan): Mr Acting Deputy Speaker, I rise tonight to inform the Assembly of the fantastic school sports twilight carnival held at Bakewell Primary School tonight. I managed to get out there for a few hours and the barbeque and the sausages and steaks were going fast. Many families were there enjoying the carnival atmosphere, getting involved in the sports, and supporting their children at what is, I believe, the biggest primary school in the Territory. It was a fantastic event. The Chair of the Bakewell School Council Mr Peter Chandler’s baritone voice was heard over the loud speakers, announcing events and encouraging people to make there way to where I was at the barbeque cooking up a storm with other parents and teachers at the school.
I recently attended the school assembly at Palmerston High School. It was a great pleasure to be in attendance to see the Palmerston High School cricket team, which I believe was the U/16 cricket team hauled up onto the stage with their coach and teacher, Mr Iqbal Faruque. The cricket team won the NT TIO Cup for Junior Cricket. They were undefeated. I recognise Jonathan Ward, Matthew McLinden, Michael Richards and David Parrington, who are all batsmen; Joshua Lonie, the wicket keeper and a batsman; Matthew Hanna, an all rounder; Nathaniel Scullion, a bowler; and Craig Bowden, fast bowler. I understand man of the match for the grand final was Daniel Wall and the Captain David Richards. A fantastic result to go through a competition undefeated and it bodes well for the future of Palmerston cricket. I hope the Palmerston Cricket Club have its scouts out at the game to recruit some of these great players into their ranks.
Mr Acting Deputy Speaker, you would have noticed, as no doubt many other of my colleagues have, that coming to these sittings, my hair is somewhat shorter than it once was. That is because I took part in the Shave for a Cure at the Oasis Shopping Centre - what a fantastic fundraising event that is. I hope to convince as many members of this Assembly to either shave or colour their hair, or participate in some way next year, and I am sure I will be held to that.
Another couple of fundraising events I was very pleased to be part of were the ‘Simply the Breast’ sailing race on Darwin Harbour, and also the Dragons Abreast Golf Day at the Palmerston Golf Club. I should advise, in relation to the latter, my colleagues, Mr Kiely and Ms Sacilotto joined me, and we were also joined by a fourth member. We managed to take out the best dressed team, bedecked as we were in full pink, and Kerry Sacilotto, the member for Port Darwin, has our thanks for that. It was a fantastic day; we had a lot of fun. It is always good when no one is taking it too seriously and, frankly, there was not much point with our team, because Len was our only hope as far as the handicap went. I do not think he would mind me saying, he is not up there with Tiger Woods, shall we say. We had a great time, a good laugh and I scored a nice pink fluffy drinks holder into the bargain. I hoped they raised a great deal of money.
The Palmerston Golf Club is a great venue for events such as the golf day, and I encourage any community groups who are looking to raise some money to contact the golf club. It does not have to be golf; they have the bowls there as well. I have seen many businesses having a night of bowls for their staff.
The ‘Simply the Breast’ sailing race was another fantastic event. It has encouraged me to go along and see when sailing lessons are held at the Darwin Sailing Club because I really did enjoy myself.
Recently, I was honoured to make my community room available to Sally Bevis, the manager of the NT Seniors Card, and her host of volunteers, who were putting out the NT Seniors Card booklet. That is being posted to all seniors. It is a great service provided by government. It was terrific to have those people there. I enjoyed having morning tea with them on one of the two mornings they were there, and also helping them for a little while getting these booklets into the envelopes.
In May, after the last sittings, Joanne, my electorate officer, and I attended the Family Law Mega Training Day. That was a very worthwhile event. I encourage all members to get down there next year. It is a day to meet staff and groups involved in advising people on family law matters, or assisting people in areas that relate to that, for example, where people are separating sometimes in not the best of circumstances. Also present were organisations which find crisis accommodation or emergency accommodation for women and men who do not have anywhere to go because of their separation. It is a very valuable and worthwhile event to go to for all members and their electorate officers.
I was honoured to be part of Volunteering Australia’s Volymipics Program, which was held at the Water Gardens. There were some great fun events: egg and spoon races, sack races, wheelbarrow races, that sort of thing. It was another great fun day to recognise the wealth of volunteers we have in our community. Darwin, and the Northern Territory, has always had a reputation for its generosity and it is not just monetary generosity. It is generosity of time and effort. I thank all those people who were there as well as the organisers for putting it together.
Mr Acting Deputy Speaker, we recently attended the Freds Pass Show - and I say ‘we’ not in the royal sense but I know you were there. The Minister for Essential Services, the member for Wanguri, was also there taking part in another great community day, not just for the rural community; many Palmerston people as well as many people from Darwin attend. It is a show with great community feel. The show committee and society deserve thanks for organising that, holding it together and keeping it going and having such a fantastic feeling there.
Freds Pass is the site of the cane toad detention centre and I understand from my discussions with FrogWatch people they are having a phenomenal response out there and are having huge numbers of toads dropped in at the detention centre. I think the figure was around 250 or 300 a week but I could be wrong on that. That is what I recollect being told. That is a fantastic effort by the community to take under their control and to really do their bit to stem the cane toad flow.
The Palmerston markets continue to be a great event. The member for Drysdale and I are there every Friday. I should also mention that if people have a chat to us, they may also be lucky enough to see one of our Territory’s great ministers there also. It has been great to have the Treasurer and the Minister for Family and Community Services come. I am sure we will have others in attendance. I should also mention the Minister for Local Government. He came and he must know a lot of people because he was swamped instantly by people wanting to talk to him. It is another great community event. It is not too big and there is everything you could want there. It is a great place to catch up and meet friends and the library also remains open until late that evening.
If you have not been to the new Palmerston library, please get down there. It is a great facility and I congratulate the Palmerston Town Council on its opening. It is another fantastic asset for the community of Palmerston, as the recreation centre will be when it is completed and opens. I know from speaking to young people that they are eagerly awaiting its opening because it will have fantastic facilities that they are very keen to utilise.
We recently had the official opening of Bunnings in Palmerston. It is a huge store although I understand it is smaller than stores interstate, but that just stops us getting lost and confused by too much choice. It is another great asset for the region, not just Palmerston, but the whole surrounding area. It is very well laid out. It is well planned and as part of the official opening Bunnings put on a fantastic fireworks display. It went for half an hour. I was there with my family and many other Palmerston families watching the fantastic spectacle. It is great to see Bunnings open in Palmerston. They had Michael Long do the official opening and it was great to see him there. I am sure he appreciated the continued recognition that we all like to give our great sporting legends.
I attended a super gala night and beauty pageant at the Italian Club run by the Filipino community; another fantastic event.
I should also mention the Palmerston Salvation Army games and picnic outings that they run. I went and they have mainly people who are suffering from dementia or are old age pensioners and they provide an outing for them.
The Palmerston Troppo Festival was another great event but I will have to save that for another time.
Mr HENDERSON (Wanguri): Mr Acting Deputy Speaker, I would like to talk this evening about some fantastic events in my electorate over the last couple of months. The Dry Season has complemented a great start to the many school and community activities that take place at this time of year in my electorate and I would like to inform the House on a few of these great events.
The interschool swimming championships were held on Friday, 5 May, and I and the member for Casuarina watched our young Darwin swimmers competing at the annual interschool secondary swimming championships at Casuarina pool. The carnival provided some exciting close finishes.
Mr Mills: I was there.
M HENDERSON: Oh, and the member for Blain was there as well. The carnival provided some exciting close finishes with the swimmers reaping the rewards of their hard work, often up in the mornings swimming lap after lap before many of us start our days. I was also pleased to see everyone enjoying the competition and the fine display of sportsmanship. I had the pleasure of sponsoring the junior boys swimming trophy and was honoured to present it on the evening. This year the winner was Essington School; congratulations to all the swimmers at Essington. The carnival would not have gone ahead without a team of volunteers. I congratulate the event’s coordinator, Mary Louise Concentino, and all of the volunteers, parents and teachers, for their hard work and organisation on the day.
The best school fete in Darwin every year is the Holy Spirit School fete in my electorate. It is a must attend event and one that I have attended every year for many years now. It is a long running school tradition and it is the biggest fundraiser that the school does every year. I was privileged to open this year’s fete on Saturday, 13 May, and in previous years I enjoyed pulling in the crowd to try their luck on the spin and win chocolate wheel. I thank all those businesses which donated prizes, too many to mention here this evening, but the generosity of businesses in the community to donate some quite significant prizes to the school and the school benefited from that in raffling them off by the spin and win wheel.
It is a great family day and I enjoyed catching up with families, testing my skills and luck on other sideshow activities and enjoyed the culinary tastes that tempted all from the variety of food stalls around the school grounds. The day was successful. Events like these are always organised by a group of people. A huge thanks to Ina Blake and all the fete committee at Holy Spirit School for their continuous hard work and planning to make this annual event the success it is.
A lot of public debate over the last year of school has been around the middle schools agenda. I have six schools in my electorate, and I was pleased to see all of them participate constructively in the recent middle years schooling approach towards Building Better Schools. Each school has proactively discussed the plan openly by providing opportunities at school council meetings, parent forums, and discussions with students.
The government’s announcement has been welcomed by the schools in my electorate as a positive approach to our education system, and the principals I have met with are keen to welcome the changes. I really mean that; everybody I have spoken to is very pleased with the end result and really looking forward to participating - teachers, students, and principals - in the changes that are coming up.
According to teenagers in my electorate, BassintheGrass is now the official highlight of the year and a day not to be missed. I am proud that this government has introduced that event. The original thinking prior to the 2001 election was to have a Big Day Out. We could not quite attract the Big Day Out, but we have BassintheGrass and it is now a real institution for Darwin teenagers and people a bit older. This music extravaganza gives our kids an opportunity to have a great day out in a safe environment with friends, and listen and dance to some excellent music which they do not normally have access to.
This year, I provided two tickets for students at Dripstone High School to recognise and reward their hard work already achieved this year. Students Michael Wheeler, recognised for his hard work and contribution to the schools recycling program, and Cherie Chilton for outstanding work towards her vocation training, won the tickets. I congratulate both of those students and trust they had a great day out.
Congratulations to four Leanyer Primary School students for receiving recognition from The Beat Encouragement Awards, winning encouragements awards for their participation in music and the arts. Nerida Liddle and Kathleen Fong were recognised for their saxophone musical talent; Courtney Chin as an aspiring pianist; and Eliza McClelland for her performance in dance. Congratulations to students on receiving these awards and $250 each in prize money. I had the privilege of presenting those students with their awards recently at Leanyer Primary School, and congratulate all students who participated.
I also congratulate Leanyer Primary School in continuing to run a magnificent music school. There are some fabulous kids, and it has been a passion of the school for many years. Part of the extra 100 teachers that we, as a government, recruited went towards supporting an additional two teachers for the music school which has enabled our kids across Darwin and Palmerston to develop their talents.
Leanyer seniors recently held a Biggest Morning Tea. There are so many groups and organisations in my electorate and they are always organising events to support causes other than their own. The local seniors village in Leanyer has formed a social committee, and recently held the Biggest Morning Tea to help raise money for cancer research. Unfortunately, I was unable to attend due to portfolio commitments interstate. However, to everybody on the committee, a fantastic effort. I will be having my own morning tea to have a get together during the Dry Season in the very near future.
I want to talk briefly about the Research and Innovation Awards that I and the Chief Minister attended recently. What a fantastic evening it was. The Territory’s tropical and desert environments present both challenges and opportunities for local business and innovators. Territory business is traditionally recognised for being innovative largely out of necessity. Our unique climate means businesses need to develop new skills and solutions to allow their businesses to grow and prosper. Our government is a big supporter of developing the Territory’s ability to produce unique products and industries through research and innovation. The government initiated the Northern Territory Research and Innovation Board in 2004, chaired by Professor Grahame Webb. I congratulate Grahame on the great work he is doing chairing the board. We were all mortified when we heard the news from Greece that he had had a heart attack, and everybody’s hearts were in their mouths here in Darwin when we heard that news. It is great to see that Grahame has made a very strong recovery and to see him there on the night.
One of the board’s roles is to highlight and celebrate the skill, perseverance and creativity existing in the Territory, hence the development of the NT Research and Innovation Awards. The second Research and Innovation Awards were held on the 11 May, with over 200 people in attendance. Over 50 nominations were received from major research institutions, government agencies, individuals and businesses across the Territory. The nominations give a great indication of some of the outstanding talent we have in our community and how the Territory on the whole is performing strongly in the national research arena.
The winners were:
Desert Knowledge Research Award to Mr Glen Marshall for his contribution to sustainable desert living. Anybody who knows Alice Springs knows Glen and the huge contribution that he has made to desert living over many years;
the Tropical Knowledge Research Award, Doctors Renkang Peng, Karen Gibb and Keith Christian for their research into the use of green ants as biological control agents;
my award, as Minister for Business and Economic Development, an Innovation Award to Mr Mark Smith from Syntonic Technologies for the design, development and patenting of the 4148 Rapid Tracking Antenna;
the Indigenous Innovation Award went to Lofty Bardayal Nadjamerrek AO for his assistance in developing improved techniques for fire management, drawing on both indigenous knowledge and modern science. Lofty is a gentleman from the East Arnhem region who is advancing in his years, and it was wonderful to see him there on the evening, supported by his granddaughter. One of the highlights of the night was a film where Lofty was talking about the techniques that he used in managing the environment;
the New Generation Research and Innovation Award went to Mr Matt Brearly of the NT Institute of Sport for his ongoing studies into Thermal Strain in Athletes in the Tropics; and
a Special Commendation Award was given to George Chaloupka for his outstanding contribution over 50 years to the identification, documentation and understanding of Aboriginal rock art in the Northern Territory, a well deserved reward to George. It was great to recognise that on the night.
The prestigious award, the Chief Minister’s Research and Innovation Award, was presented to Mr Mark Smith in recognition of the far-reaching economic implications of his antenna and the progress he has made in getting it to market.
I congratulate all the award winners, the finalists and nominees, as well as the Northern Territory Research and Innovation Board, for what was a fantastic opportunity to celebrate the determination, creativity and intelligence of some exceptional Territorians. Our government is serious about research and innovation in the Northern Territory, boosting funding to over $1m for the three years from 2007 and 2008.
Ms MARTIN (Fannie Bay): Mr Acting Deputy Speaker, last month I had the pleasure of officially launching the Chief Minister’s NT Export and Industry Awards at the Chamber of Commerce and Business Sunset Function. These are the most prestigious awards for business which export their products and services. More than 130 people from our business community attended. The awards recognise that exporting is hard work, and that it requires a great deal of perseverance, commitment and dedication to tackle international markets.
This year marks the start of a new era in the awards. In previous years, we have seen a gradual decline in the number of businesses applying for the awards, a trend seen across all types of business awards. We decided to take action, and a number of recommendations were made by the Chamber’s International Business Council and my Department of the Chief Minister. As a result, the name of the awards has been changed and I am delighted to be their patron. We also introduced a new award category for small business with turnover less than $5m, and included a non-exporting award for the manufacturing sector.
Other export award categories include the Agribusiness Award; the Arts and Entertainment Award; Emerging Exporter Award; Minerals and Energy Award; Services Award; and Small to Medium Manufacturer’s Award. Winners of the Chief Minister’s NT Export Awards will progress to the National Export Awards. They will be up there against export award winners from all other states and territories.
I want to encourage all businesses involved in exporting and manufacturing, especially regional and indigenous businesses, to nominate and become involved in these awards so that we can all share in their business success. The IBC will be coordinating the awards and assisting businesses to complete their applications and, for the first time, Territory businesses can apply for the awards online at www.exportawards.com.au. I look forward to announcing the winners on the evening of 28 September this year.
Last month I was very pleased to help open the Kakadu Culture Camp at Djarradjin, at Muirella Park in Kakadu, around 25 km south of Jabiru. I was warmly welcomed by Fred and Jenny Hunter, the brother and sister team who, along with Jenny’s husband, Andy Ralph, are the three who are really at the heart of this project.
The opening of the camp was an exciting time for Fred, Jenny and Andy, as well as all the people who have helped them along the way and who have been involved in making their vision a reality. They have been working towards this day for the past three years, and their hard work has given Kakadu a tourism operation I believe we can be truly proud of. The Kakadu Culture Camp gives visitors a memorable cultural experience. It has safari camp accommodation, with ten cabins housing up to 20 people, and has a number of exciting activities, including Bininj guided walks and talks, three-course bush tucker dinners, campground slide shows and night croc spotting cruises.
I was lucky enough to be given a tour of the camp site and camp kitchen when I arrived. I saw our bush tucker dinner being prepared, with buffalo wrapped in paperbark being cooked in pits and barramundi sizzling on the coals. I was then taken on the Women’s Walk and Talk through East Alligator stone country by Goldie, Jennifer and Violet, and two lovely young girls, Carla and Catherine, who were very chatty. Along the way, we saw a variety of native fruits such as blackcurrant, Kakadu Plums, White Apple, Green Plums and the Umjimjim Pandanus. These walks are part of a cultural tour which will run three times a week and will also include weaving and collecting bush tucker.
On our return from the walk, we were treated to a magnificent feast that was prepared for the hundreds of people who attended the opening. The buffalo stew and damper with Goldie’s rosella jam was a real treat. Later in the evening, we had a special ceremonial dance from the Injalak Karrabarrda Dancers as well as entertainment featuring Shellie Morris, Neville Namanyilk, the Mudurdjul Band and the Mimi Dancers. However, the highlight was the night time cruise along the Djarradjin Billabong. Although there were not many crocodiles, probably frightened off by the loud music back at the camp, it was a wonderful experience. During the cruise, we heard stories about Fred and Jenny Hunter’s father, a croc hunter in Kakadu, and the Hunters’ cultural and historical affiliation with Djarradjin. To make it even more special, there must have been a million stars out that night. You do not often see that many in Kakadu, but because there had been a late Wet Season and the fires really had not started there was this amazing sky, as many stars as you would see if you were at Uluru, I reckon.
It is tourism product like the Culture Camp that makes the experiences of our visitors even more memorable. It is great for Kakadu, it creates jobs for Aboriginal people and it adds even more lustre to our growing tourism industry. Many thanks to Tourism NT’s Richard Austin and Trent Wilkinson for their hard work. I do not say that lightly; they have really put in to assist the Kakadu Culture Camp get off the ground. Their commitment to helping our Aboriginal communities develop tourism product really should be recognised. They are really two very fine fellows. I invite all members of the House to visit the Hunter family’s Kakadu Culture Camp, it is an experience you will not forget.
On May 29, I was delighted to help Britz Maui and Backpacker Rentals officially open their new Darwin premises at Winnellie. As you know, Britz has had a long involvement with tourism in the Territory, nearly 25 years. In fact, they were the very first Britz office to open in Australia back in 1982. In recent years, they have been joined by Maui to further bolster the range of services provided to our growing drive market. The new premises have been custom built, with the needs of their customers firmly in mind, which says a lot about this very successful business. Also there for the launch was Sylvia Wolf, Tony Clementson, Alana Young and Niki Smith from Tourism Top End and other big supporters of our tourism industry, people like Frances Fauscett and Paul Wyatt from Territory FM.
I take this opportunity to congratulate Tourism Holdings Ltd, THL, for their hard work and vision. Special thanks to the Chief Operating Officer, Chris Rusden; THL’s Brand Manager, Nicole Bailey; Andrew Dodds, the Darwin Branch Manager; David Treleaven, the branch owner; and Michael Ho, who runs the premises. And, of course, there is the rest of the THL team, Brian Holland, Lisa Lee, Andrew Billsborrow, Tammy Holland, Cameron Moore and Brian Hodges. I wish you all the best of luck and thanks for your involvement.
There has never been a better time to invest in Territory tourism than right now. Things are looking up, and we are strongly committed to growing the industry further in the years ahead, and with the expertise and support of businesses like Britz Maui and Backpacker Rentals, I am confident of all our success.
Young skaters have been pushing for a new skate park in the electorate of Fannie Bay or in the inner city area for many years. Darwin City Council was first approached in 1999, but there was no funding available at the time and the concept of an inner city skate park was put on hold. Together with SK8, I made further representations to the Darwin City Council running up to 2001. We had lots of meetings with people like the then Mayor, George Brown. In the run-up to that 2001 election, we pledged $300 000 to the proposed skate park as part of the election campaign, so I thought that it was very firmly owned in the Fannie Bay electorate, which is terrific! There are many young skaters there. They were different from skaters in other parts of Darwin or at the Palmerston one; they were young. They were in the 8 to 12 year age group, and what they wanted was a facility they could walk to from home, so that there could be a safe environment that their parents would not necessarily have to accompany them there but would feel as though it was a safe venue. It did not need big half pipes; it needed a streetscape skating environment they could use and the focus was really on that 8- to 12-, maybe 14-year-old age group.
The going was very slow from 2001. It got complicated in finding a location for the skate park by Darwin City Council doing a major review of all its pools, because the most attractive site for a skate park was at Parap Pool. The whole process of deciding where a skate park should go was put on hold until decisions were made about the pools and their future. Those decisions were fairly complicated when we proposed the waterfront and Darwin City Council went on hold yet again about the future of the pools until the shape of the waterfront became clearer and was decided upon. I have often said in this House, we have given commitments to spend a lot more money than $300 000, and they have been achieved in four years of the first term of the government. That $300 000 was tricky. It took more than four years to actually get it spent, and it still has not been spent yet.
In mid-2005, the Skate Park Working Group was formed and the council decided that they would work with us to find a piece of land that was appropriate for the skate park. Joining me on the working group was SK8, Alderman Roger Dee and Helen Galton from the City Council, and Director of Community Services at DCC and the Project Officer, Ingrid Smith. The group was charged with developing a proposal, including site selection, design options, financial and construction issues. Melbourne-based Convic won the consultancy to progress the project. They have had a lot of experience, developing over 200 skate parks throughout Australia and overseas, including the world’s largest skate park in Shanghai. They also have significant experience in all facets of landscape architecture, including urban design, master planning for active and teenage recreation, parks and youth inclusive space.
In October last year, Council recommend that Convic review three sites for the skate park, at Parap Pool, Vesteys Beach and Darwin High. Darwin High subsequently pulled out of the process. Convic began community consultation in February this year on the two remaining sites, and I met with Jason McNamee and Darren White from Convic when they came to Darwin. Convic’s aim is to provide a recreational and social opportunity for the young people of Darwin, one that is safe and accessible. The main criteria used to assess each site reflected these aims: suitable planning scheme requirements; physical size and land conditions; emergency vehicle access; proximity to public transport; visually prominent site; security and safety; proximity to amenities - water, toilets and shade; impact on existing facilities and adjoining uses and users; adequate distance from residential dwellings and incompatible land use; pedestrian skate bike access; and proximity to food and drink.
From early in the process, young people themselves identified the pool area as an ideal location. I have to say that I have been a strong supporter of Parap Pool as the site for the skate park. It is bounded by Ross Smith Avenue and the swimming pool car park to the south. It is close to Parap Primary School, Parap Village, the public phones and St John Ambulance. Its proximity to the pool and constant passing traffic also meant, in the words of Convic, ‘good natural surveillance during school hours and the opening hours of the pool’. The site is approximately 40 m from adjacent residential areas, which are across from Ross Smith Avenue on the northern side. There is consistent traffic during daylight hours and noise from the skate park is not likely to impact on neighbouring areas. This was subject to acoustic report.
The Vesteys Beach site is adjacent to the existing car park at Atkins Drive which runs parallel to Vesteys Beach. There is little or no natural surveillance of site provided by adjacent land users or activities, and vegetation around the lake prevents views through from the residential areas. Also, passing traffic and passive recreation in the area is irregular and there are no public phones or shops nearby. Convic raised concerns about the remoteness of the site and the lack of public surveillance. These concerns were shared by the police who also referred to the use of the area by what they called ‘abnormal users’, as well as insufficient lighting and the fact that the area is isolated at night. Those concerns were shared by the Youth Advisory Group, the Sexual Assault Referral Centre, and the AIDS and Hepatitis Council, which also put into the consultation with Convic.
The final recommendations of Convic to council reflected these concerns, and the report to council from its Director of Community Services recommended the Parap pool site - quite unequivocally - for all the criteria carefully gone through. It made the point that skate parks are mainly used by younger population and, therefore, safety and security of the area requires very careful planning. It went on to argue that the pool site also provided natural surveillance from Ross Smith Avenue and the co-locations of the skate park with other recreational facilities would be a plus.
The decision by council to select a site at Vesteys has come as an extraordinary surprise to me as local member, and also a number of people who understand the importance of safety and central location for a site like a skate park for young people. The fact is that the recommendation from the very expert group that were the consultants was for Parap pool and the recommendation from the Director of Community Services was for Parap pool, and we had a group of aldermen voting differently, which is just bewildering.
I am obliged to fight it. I believe it is not a safe site. If something happened to a child who was skating there - which I hope would never happen - we would have walked away from our responsibilities as members of government, whether it is local or Territory level. I am very disappointed in council. I have been talking to the aldermen and I have an appointment to meet the Lord Mayor very shortly. It is a wrong decision and, with taxpayer’s money, I cannot stand by and let that decision sit. I will be fighting it for the young people of my electorate who need a safe place to go skating.
Motion agreed to; the Assembly adjourned.
Last updated: 04 Aug 2016