Index to Minutes – 26 November 2013 to 5 December 2013

TWELFTH ASSEMBLY - FIRST SESSION

From To Minutes pages

26 November 2013 5 December 2013 249 - 289

Bold No. 123=Passed Bill Italic & Bold No. 123=Discharged Bill Italic No. 123=Negatived Bill

Index Reference Summary by Sitting Day and Minutes Page

Minutes Page Day Date 249 - 254 38 26 November 2013 255 - 263 39 27 November 2013 265 - 269 40 28 November 2013 271 - 275 41 3 December 2013 277 - 284 42 4 December 2013 285 - 289 43 5 December 2013

BILLS Advance Personal Planning (Consequential Amendments) Bill 2013 (Serial 54) ...... 258 Advance Personal Planning Bill 2013 (Serial 41) ...... 258 Alcohol Protection Orders Bill 2013 (Serial 58) ...... 265, 266 Care and Protection of Children Amendment (Charter of Rights) Bill 2013 (Serial 62) .. 278 Care and Protection of Children Amendment (Legal Representation and Other Matters) Bill 2013 (Serial 51) ...... 278, 279 Children’s Commissioner Bill 2013 (Serial 52) ...... 279 Community Housing Providers (National Uniform Legislation) Bill 2013 (Serial 48) ...... 274 Constitutional Convention (Election) Amendment Bill 2013 (Serial 47) ...... 288 Energy Pipelines Amendment Bill 2013 (Serial 45) ...... 273 Local Government Amendment (Restructuring) Bill 2013 (Serial 60) ...... 258, 279, 282 Museum and Art Gallery of the Bill 2013 (Serial 61) ...... 287 Parole of Prisoners Amendment Bill 2013 (Serial 53) ...... 268 Petroleum Amendment Bill 2013 (Serial 56) ...... 253 Planning Amendment (Concurrent Applications) Bill 2013 (Serial 59) ...... 278 Wills Amendment (International Wills) Bill 2013 (Serial 50) ...... 253

CENSURE Censure of Chief Minister, Treasurer and Minister for Education (Ms Fyles) ...... 255, 257 For abject bungling of the Nhulunbuy crisis which has devastating consequences for thousands of Territorians (Ms Walker) ...... 271, 273 CONDOLENCE Dr Yunupingu (Mr Giles)...... 253 Mr Brian Manning (Ms Lawrie) ...... 272

LEAVE OF ABSENCE Chandler, Mr, Member for Brennan (Mr Elferink) ...... 265 Conlan, Mr, Member for Greatorex (Mr Elferink) ...... 255, 265

MESSAGES FROM ADMINISTRATOR No. 12, Assent to proposed laws, October and November 2013 (Paper 603) (Ms Purick) ...... 250

1 Index to Minutes – 26 November 2013 to 5 December 2013

MINISTERIAL STATEMENTS A roadmap for the future (Mr Styles) ...... 274 Asset Management System (Mr Tollner) ...... 284 Challenging Convention - Shaping the future of Education in the Northern Territory (Mr Chandler) ...... 260 Outcomes of the Chief Minister’s visit to Japan, China and Vietnam (Mr Giles) ...... 254 The Northern Territory’s Food Future (Mr Westra van Holthe) ...... 254

MOTIONS (Substantive) Aboriginal Town Communities (Mr Wood) ...... 260 Challenging Convention - Shaping the Future of Education in the Northern Territory – Note (Mr Chandler) ...... 260 Establishment of an Inquiry regarding Stella Maris (Mr Giles) ...... 286, 287 Eviction of NT Badminton (Mr Vowles) ...... 280 Gas to Gove (Ms Walker) ...... 261 Independent Local Government Boundary Commission (Mr Wood) ...... 261 Local Government Shire Restructuring (Mr Wood) ...... 281 Rapid Creek Flood Mitigation (Mr Vowles) ...... 260 Recognition of the natural disaster that has struck the Philippines (Mr Giles) ...... 251, 253 Treasurer's Mid-Year Report, 2013/2014 - Note (Mr Tollner) ...... 288

PAPERS TABLED Annual Reports Aboriginal Areas Protection Authority, 2012/2013 (Paper 673) ...... 288 AustralAsia Railway Corporation, 2012/2013 (Paper 671) ...... 288 Australian Health Practitioners Regulation Agency, Regulating health practitioners in the public interest, 2012/2013 (Paper 620) ...... 263 Children’s Commissioner Northern Territory, 2012/2013 (Paper 649) (Mr Elferink) .. 279 Commissioner of Consumer Affairs, 2012/2013 (Paper 634) ...... 269 Corrigendum 2012/2013, Department of Housing (Annual Report Tabled 17 October 2013 - Paper 575) (Paper 689) ...... 289 Darwin Waterfront Corporation, 2012/2013 (Paper 685) ...... 289 Department of Infrastructure, 2012/2013 (Paper 608) ...... 254 Department of Mines and Energy, 2012/2013 (Paper 683) ...... 288 Education & Care Services Ombudsman, National Education & Care Services FOI & Privacy Commissioners, 1 July 2012 to 30 June 2013 (Paper 618) ...... 263 Electrical Workers and Contractors Licensing Board, 2012/2013 (Paper 682) ...... 288 Erratum Notice, Department of Business (Tabled 8 October 2013 - Paper 499) (Paper 688) ...... 289 Land Development Corporation, 2012/2013 (Paper 670) ...... 288 National Health Practitioner Ombudsman & Privacy Commissioner, 1 July 2012 to 30 June 2013 (Paper 619) ...... 263 Northern Territory Architects Board, 2012/2013 (Paper 676) ...... 288 Northern Territory Child Deaths Review and Prevention Committee, 2012/2013 (Paper 678) ...... 288 Northern Territory Electoral Commission, 2012/2013 (Paper 633) ...... 263 Northern Territory Environment Protection Authority, 2012/2013 (Paper 696) ...... 288 Northern Territory Grants Commission, 2012/2013 (Paper 648) ...... 284 Northern Territory Planning Commission, 2012/2013 (Paper 642) (Mr Chandler) ..... 275 Northern Territory Plumbers and Drainers Licensing Board, 2012/2013 for the year ended 30 September 2013 (Paper 681) ...... 288 NT Build, Portable Long Service Leave, Northern Territory Construction Industry 2012/2013 (Paper 675) ...... 288 Office of the Commissioner for Public Employment, State of the Service Report, 2012/2013 (Paper 609) ...... 254 Office of the National Rail Safety Regulator, 2012/2013 (Paper 684) ...... 288 Parole Board of the Northern Territory, 2012/2013 (Paper 635) ...... 269 Surveillance Devices Act, Annual Reporting Requirement pursuant to section 59(4), 2012/2013 (Paper 638) ...... 269 Tarcoola-Darwin Rail Regulation, 2012/2013 (Paper 672) ...... 288

2 Index to Minutes – 26 November 2013 to 5 December 2013

PAPERS TABLED Annual Reports (cont) The Surveyors Board of the Northern Territory of Australia, 2012/2013 (Paper 674) 288 Tourism NT, 2012/2013 (Paper 677) ...... 288 Treasurer's Mid-Year Report, 2013/2014 (Paper 697) (Mr Tollner) ...... 288 Work Health and Safety Advisory Council, 2012/2013 - Work Health and Safety (National Uniform Legislation) Act 2011 (Paper 687) ...... 289 Work Health Authority, 2012/2013 - Work Health Administration Act 2011 (Paper 686) ...... 289 By-Laws 2013 Charles Darwin University (Repeal of By-Laws) (Paper 691) ...... 289 Charles Darwin University (Site and Traffic) Amendment (Paper 690) ...... 289 Desert Knowledge Australia Review, 2012/2013 (Paper 679) ...... 289 Evaluation of the Cross-border Justice Scheme – Final report 2013, Dr Judy Putt, Ms Gillian Shaw, Professor Rick Sarre and Dr Emma Rowden, 28 August 2013 (Paper 636) ...... 269 Explanatory Statements Care and Protection of Children Amendment (Charter of Rights) Bill 2013 (Paper 646) (Mr Elferink) ...... 278 Local Government (Restructuring) Bill 2013 (Paper 625) (Mr Tollner) ...... 258 Museum and Art Gallery of the Northern Territory (Paper 695) (Mr Conlan) ...... 287 Planning Amendment (Concurrent Applications) Bill 2013 (Paper 647) (Mr Chandler) ...... 278 Financial Reports Independent Auditor’s Report to the Minister for Business, Desert Knowledge Australia, year ended 30 June 2013, pursuant with section 47(3) of the Desert Knowledge Australia Act (Paper 680) ...... 289 Legal and Constitutional Affairs Committee performing the functions of the Subordinate Legislation & Publications Committee, Report of Ministerial Correspondence on Subordinate Legislation and Publications, May 2103 – November 2013, No. 2 of 2013 – December 2013 (Paper 643) (Ms Lee) ...... 275 Letters David Peever, Managing Director, Rio Tinto Australia to Hon. , MLA re letter dated 13 November 2013 to Sam Walsh on the Gove Alumina refinery, dated 19 November 2013 (Paper 604) (Mr Giles) ...... 249 John Coleman, Chief Executive, Department of Lands, Planning and the Environment to Mr Alan Paton, Secretary Unions NT, re letter dated 3 August 2012 from the former Minister for Lands and Planning in which Unions NT were offered a Crown lease for a term of 10 years at a nil cost, over Lot 5260 Town of Darwin (the Stella Maris site) for the purpose of a community centre, dated 28 May 2013 (Paper 606) (Mr Giles) ...... 249 Mr A. G. Powell, Managing Director, Swiss Aluminium Australia, & Mr F. T. Lovell, General Manager, Gove Aluminium Limited, re letter of 9 August 1989 concerning the continued export of Bauxite from Gove, from Barry Coulter, Minister for Mines and Energy, dated 6 September 1990 (Paper 645) (Mr Giles) ...... 277 Mr Gerry McCarthy, Member for Barkly to Hon Adam Giles MLA, re making various allegations in relation to the agreement reached between the previous Labour Government and Unions NT for the Stella Maris site, dated 2 December 2013 (Paper 694) (Mr Elferink) ...... 287 Mr Gerry McCarthy, Minister for Lands and Planning to Mr Alan Paton, Secretary, Unions NT, re Offer Unions NT a Crown Lease for a term of 10 years at nil cost over Lot 5260 Town of Darwin (the Stella Maris site) for the purposes of a community centre, meeting rooms and office space, dated 3 August 2012 (Paper 605) (Mr Giles) ...... 249 Mr , Member for Fannie Bay to Director, Lands Planning, Department of Lands, Planning and the Environment, re the CLP have said they want to sell the Sports House site in Fannie Bay for a commercial residential development, undated (Paper 653) (Mr Gunner) ...... 281

3 Index to Minutes – 26 November 2013 to 5 December 2013

PAPERS TABLED Letters (cont) Mr Michael Gunner, Member for Fannie Bay to Hon. Peter Chandler MLA, Minister for Lands, Planning and the Environment, re The Northern Territory Government has expressed an interest in developing the Sports House site in Fannie Bay, undated (Paper 650) (Mr Gunner) ...... 280 Mr Michael Gunner, Member for Fannie Bay to Hon. Peter Chandler MLA, Minister for Lands, Planning and the Environment, re The Sports House site should be used for a community purpose such as an expansion of services to our aging population, dated 15 November 2013 (Paper 651) (Mr Gunner) ...... 281 Mr Michael Gunner, Member for Fannie Bay to Mr Gary Nairn, Chairman Northern Territory Planning Commission, re residents in my electorate are concerned about the proposed rezoning and redevelopment of Sports House in Fannie Bay, dated 7 November 2013 (Paper 652) (Mr Gunner) ...... 281 Mr Pasquale Fiore, Director, Swiss Aluminium Australia Limited, re regarding the continuation of approval to export bauxite from the Alcan Gove Operations, from Hon. Kon Vatskalis MLA, Minister for Primary Industry, Fisheries and Resources, dated 16 May 2011 (Paper 644) (Mr Giles) ...... 277 Mr Peter Chandler, Minister for Lands, Planning and the Environment to Mr Michael Gunner, Member for Fannie Bay, re Letter requesting Government to consider using the development of the Sports House site (Lots 3730, 3732 and 3731 Town of Darwin) specifically for the needs of senior Territorians and highlighting the developments of Southern Cross Care (SA & NT) Incorporated, dated 25 June 2013 (Paper 654) (Mr Gunner) ...... 281 Mr Peter Chandler, Minister for Lands, Planning and the Environment to Ms Avril Vaughan, Hall Payne Lawyers, re letter dated 3 October 2013, in which you request that I review the decision made by the Chief Executive of my Department of Lands, Planning and the Environment regard your client’s proposed development application in the respect of Lot 5360, Town of Darwin, known as Stella Maris, dated 22 November 2013 (Paper 607) (Mr Giles) ...... 250 Media Release Terry Mills MLA, Member for Blain, Done Deal to Secure the future of Gove, dated 13 February 2013 (Paper 640) (Ms Walker) ...... 272 Terry Mills MLA, Member for Blain, Territory Government Supplies Gas to Gove, dated 11 February 2013 (Paper 641) (Ms Walker) ...... 272 Members Travel 4.12 - Interstate Member for Goyder, Ms Kezia Purick travel to Perth to meet with stakeholders and associated parties who could provide advice and information relevant to current electorate matters from 23 – 29 October 2013, pursuant to paragraph 4.12 not dated (Paper 631) (Ms Purick) ...... 263 Member for Goyder, Ms Kezia Purick, travel to Adelaide 14th – 19th November 2013 to attend the international three day four star event and to meet with key companies. Meeting held with the Speaker of the SA Parliament and Clerk and the Tourism Minister, pursuant to paragraph 4.12, not dated (Paper 655) (Ms Purick) ...... 284 Member for Goyder, Ms Kezia Purick, travel to Sydney, Hobart and Melbourne Parliaments and attend the seminar recognising 25 years of the Committee system in the New South Wales Parliament from 19 - 29 September 2013, pursuant to paragraph 4.12, dated 5 November 2013 (Paper 630) (Ms Purick) ...... 262 Members Travel 4.12 - Intrastate Member for Johnston, Mr Ken Vowles travel to Katherine for Katherine Show, 20 July 2013, pursuant to paragraph 4.12, dated 21 October 2013 (Paper 629) (Ms Purick) ...... 262 Member for Johnston, Mr Ken Vowles, travel to Alice Springs to attend industry forum as part of the preparation of the Tourism Recreation Master Plan for the Northern Territory Parks and Wildlife Commission, from 12 - 14 August 2013, pursuant to paragraph 4.12, dated 25 November 2013 (Paper 632) (Ms Purick) ...... 263

4 Index to Minutes – 26 November 2013 to 5 December 2013

PAPERS TABLED Members Travel 4.12 - Overseas Member for Casuarina, Mr Kon Vatskalis travel to Bali and visit the Sanglah Hospital in Denpasar on 16 October 2013, pursuant to paragraph 4.12, dated 17 October 2013 (Paper 628) (Ms Purick) ...... 262 Northern Territory Police Statutory Declaration, Raymond Leonard Whear, re Alleged Misappropriation of Funds and impropriety – Jawoyn Association Aboriginal Corporation, dated 17 January 2013 (Paper 657) (Mr Vowles) ...... 284 NT Council Elections, 24 March 2012 (Paper 656) (Ms Purick) ...... 284 Professional Standards Act Law Institute of Victoria Limited Scheme, Professional Standards Act 1994 (NSW) (Paper 637) ...... 269 Public Information Act, Revocation of Guidelines, pursuant to section 9(3)(a) and with reference to section 43 of the Interpretation Act, revoke the public information guideline, notice of the making of which was given on 14 July 2010 (Paper 627) and published in Gazette No. G31 of 4 August 2010, dated 14 November 2013 (Paper 626). (Paper 617) (Mr Elferink) ...... 260 S.6, Alcohol Protection Order Act 2013, Alcohol Protection Order (Paper 639) (Mr Giles) ...... 267 Serious Crime Control Act, Report for the purposes of section 85 of the dated 2 September 2013 (Paper 621) ...... 263 Subordinate Legislation 2013 No. 37, Supreme Court Amendment (Public Notaries) Rules 2013 (Paper 610) ...... 254 No. 38, Supreme Court Amendment (Waiver and Deferral of Fees) Rules 2013 (Paper 611) ...... 254 The Northern Territory of Australia Oaths Act Statutory Declaration, from Ian McConnell of 380 Hendry Road, Katherine Northern Territory, Ranger Coordinator and Lands Officer for the Jawoyn Association Aboriginal Corporation (I.C.N. 373), dated 13 February 2013 (Paper 658) (Mr Vowles) ...... 284 Unions NT Strategic Plan 2012/13, Final Draft, September 2012 (Paper 617) (Mr Chandler) ...... 255 Unions NT, Proposed re-development of the Stella Maris site, Unions NT in association with other community groups (Paper 659) (Mr Giles) ...... 286

PETITIONS Relating to cuts to teaching positions in the Ramingining School, Petition No. 29, from 99 petitioners (Paper 613) (Ms Lee) ...... 251 Relating to education cuts and proposed changes to staff numbers, Petition No. 27, from 11 petitioners (Paper 615) (Ms Purick) ...... 251 Relating to the destruction of NT education by slashing teacher funding, Petition No. 30, from 229 petitioners (Paper 622) (Ms Lawrie) ...... 256 Relating to the destruction of NT education by slashing teacher funding, Petition No. 31, from 2157 petitioners (Paper 623) (Ms Lawrie) ...... 256 Responses No. 16, Difficulty of shared portfolios for seniors (Paper 616) ...... 253 That the education cuts and proposed changes to staff numbers be re-assessed, Petition No. 26, from 115 petitioners (Paper 614) (Ms Purick) ...... 251 That the education cuts and proposed changes to staff numbers be re-assessed, Petition No. 28, from 62 petitioners (Paper 612) (Ms Anderson) ...... 251 That the eviction of Badminton from Sports House facility is deferred and funds allocated for the construction of a new multi-purpose facility at Marrara, Petition No. 32, from 11 375 petitioners (Paper 692) (Mr Wood) ...... 286 That the eviction of Badminton from Sports House facility is deferred and funds allocated for the construction of a new multi-purpose facility at Marrara, Petition No. 33, from 252 petitioners (Paper 693) (Mr Wood) ...... 287 That the historic town of Southport be provided with infrastructure, Petition No. 25, from 124 petitioners (Paper 624) (Mr Higgins) ...... 257

5 Index to Minutes – 26 November 2013 to 5 December 2013

STATEMENTS BY SPEAKER Regarding the conduct of Members in the Chamber and advised being placed on a Warning is not an accolade and should be taken seriously (Ms Purick) ...... 255

VISITORS Former Members of the Legislative Assembly Mr , the Hon , Mr Barry Coulter, Hon , AM, Hon Eric Poole and Mr Richard Setter (Ms Purick) ...... 277 Hon Stephen Hatton, fomer Chief Minister of the Northern Territory (Ms Purick) ...... 287 Indian Cultural Society (Ms Purick) ...... 261 Members of the Night Patrol from Ngukurr (Ms Purick) ...... 287 Mr Rick Setter, a former Member of the Legislative Assembly of the Northern Territory (Ms Purick) ...... 250 Noel Padgham, former Member of the Legislative Assembly, and family (Ms Purick) ... 279 Students from St Francis Xavier Catholic School in Nauiyu, and the presence of the children of the Member for Nhulunbuy (Ms Purick) ...... 285 Year 10 students from Palmerston Senior College (Ms Purick)...... 271 Year 3 and 3/4 students from Malak Primary School and the presence of the Police Commissioner (Ms Purick) ...... 265 Year 3/4 students from Wagaman Primary School and the CLP Members Electorate Officers (Ms Purick) ...... 249 Year 4/5 students from Malak Primary School (Ms Purick) ...... 265 Year 4/5 students from Sacred Heart Catholic Primary School (Ms Purick) ...... 256 Year 5/6 students from Sacred Heart Catholic Primary School (Ms Purick) ...... 277 Year 7/8/9 class from Sanderson Middle School (Ms Purick) ...... 272 Year 8 and 9 students from Palmerston Senior College Special Education Centre (Ms Purick) ...... 278

WITHDRAWAL FROM CHAMBER Fyles, Ms to withdraw from the Chamber for a period of one hour, pursuant to Standing Order 240A...... 277 McCarthy, Mr to withdraw from the Chamber for a period of one hour, pursuant to Standing Order 240A ...... 265

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