M

LEGISLATIVE ASSEMBLY OF THE

Legal and Constitutional Affairs Committee

Associated Minutes of Proceedings

Report on Statehood Reference

May 2016 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly Legal & Constitutional Affairs Committee

Minutes of Proceedings

Meeting No. 1 12pm, Wednesday, 31 October 2012 Litchfield Room

Present: Ms (Chair), Member for Drysdale Ms , Member for Goyder Mrs Bess Price, Member for Stuart Mr , Member for Fannie Bay Mr Gerald Mccarthy, Member for Barkly

In attendance: Julia Knight, Committee Secretary Russell Keith, Clerk Assistant Committees Lauren Copley Orrock, Administration/Research Officer

1. ELECTION OF CHAIR The Secretary called for nominations for Chair.

Ms Purick nominated Ms Finocchiaro as Chair of the Legal & Constitutional Affairs Committee. The motion was seconded by Mrs Price and carried.

2. ACKNOWLEDGEMENT OF FORMER COMMITTEE MEMBERS The Chair placed on the record her thanks and appreciation to the former Legal & Constitutional Affairs Committee Members, especially the Member for Nightcliff, for their efforts.

3. COIVIMITTEE PROCEDURES (a) Secretariat Support

The Committee agreed that hard copies of meeting papers be distributed in the Chamber the morning of future meetings. All papers will also be provided electronically and saved in the LCAC Member's Access folder. It was further agreed that large reports and documents are not to be included in the meeting papers, and can be printed by Members as required.

(b) Statements to the Media

Mr Gunner moved and Mrs Price seconded

That pursuant to Standing Order 274(9d), the Committee authorises the Chair of the Committee to issue media releases and give briefings on matters relating to Legal and Constitutional Affairs and Subordinate Legislation and Publications.

Question - put and passed

(c) Mr Mccarthy moved and Ms Purick seconded:

That pursuant to Standing Order 270A(b), the Committee may elect to meet using audio- visual or audio links. Question - put and passed

(d) Meeting Times

The Committee agreed:

That Committee meetings be scheduled for 12 pm on Wednesday of the first week of each sitting period with the option to hold a second meeting at the same time on Wednesday of the second week of each sitting period.

4. COMMITTEE WORK PROGRAMS (a) The Committee was briefed on the history of Statehood and the Constitutional Convention by Mr Michael Tatham, Deputy Clerk. Chair to brief Attorney-General and seek reference to resume Statehood program.

(b) At the next meeting, the Suboridnate Legislation & Publications legal counsel, Professor Ned Aughterson, will brief the Committee on his role.

5. CORRESPONDENCE All correspondence received and sent was noted.

6. BRIEFING NOTES (a) Outstanding Ministerial Responses

Copies of correspondence and legal advice outstanding from the 11th Assembly to be forwarded to the new Ministers for Transport, Primary Industry and Fisheries, and Local Government requesting that they follow up on the matters raised and advise the committee accordingly.

(b) Radiation Protection Amendment Regulations (No 20 of 2012)

Legal advice from Professor Aughterson to be forwarded to the Minister for Health for consideration and comment.

7. NEXT MEETING Wednesday 28 November 2012 at 12 pm.

Meeting closed at 12.50pm ^

Ms Lia Finocchiaro, MLA Chair LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee Minutes of Proceedings Meeting No. 2 12pm, Wednesday 28 November 2012 Level 3, Parliament House

Present: Ms Lia Finocchiaro, MLA Chair, Member for Drysdale Ms Kezia Purick, MLA. Member for Goyder Mr Michael Gunner, MLA, Member for Fannie Bay Mr Gerry McCarthy, MLA, Member for Barkly Guest Speaker: Professor Ned Aughferson, Legal Counsel fn attendance: Ms Julia Knight, Secretary Russell Keith, Clerk's Assistant Committees Lauren Copley Orrock, Administration/Research Officer

Apologies: Mrs Bess Price, MLA, Member for Stuart

1. BRIEFING FROM LEGAL COUNSEL Professor Ned Aughterson from William Forster Chambers briefed the Committee on his role as the Legal Counsel to the Suboridnate Legislation and Publications Committee.

2. MINUTES OF PREVIOUS MEETING Mr Mccarthy moved and Ms Purick seconded,

That the Minutes of Meeting Number 1 of 31 October 2012 be confirmed,

Question - put and passed.

3. CORRESPONDENCE Afi correspondence was noted

4. TABLED PAPERS All tabled papers were noted

5. BAYVIEW ESTATE AMENDMENT BY-LAWS 2012 Ms Purick moved and Mr Mccarthy seconded,

That the advice from its Legal Counsel be forwarded to the relevant Minister for consideration and comment

Question - put and passed,

6. OTHER BUSINESS The Chair advised that a mini submissEon re Statehood had been forwarded for cabinet's consideration and noted that the Government was keen to re-establish the program as soon as possible. 7. NEXT MEETING To be advised

Meeting closed at 1.00 pm

Ms Lia Finocchiaro . MLA Chair LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee Minutes of Proceedings Meeting No. 3

12.30 p.m., Thursday, 6 December 2012 Level 3, Parliament House

Present; Ms Lia Finocchiaro, MLA, Chair, Member for Drysdaie Ms Kezia Purick, MLA, Member for Goyder Mr Gerry Mccarthy, MLA, Member for Barkly

In attendance: Ms Julia Knight, Secretary Mr Russell Keith, Clerk Assistant Committees Ms Lauren Copley Orrock, Administration/Research Officer

Apologies: Mrs Bess Price, MLA, Member for Stuart Mr Michael Gunner, MLA, Member for Fannie Bay

1. MINUTES OF PREVIOUS MEETING Ms Purick moved and Mr Mccarthy seconded, That the Minutes of Meeting Number 2 of 28 November 2012 be confirmed.

Question - put and passed.

2. CORRESPONDENCE Received a) Hon David Toitner (Minister for Health), 27 November 2012, re Radiation Protection Amendment Regulations (No 20 of 2012) - noted b) Hon (Minister for Transport), 27 November 2012, re Darwin Port Corporation (Darwin Marine Supply Base) Regulations (No 1 of 2012) Mr Mccarthy moved and Ms Purick seconded, That the Committee write to the Minister for Transport in 12 months time to determine whether or not any issues have arisen regarding the implementation of the Darwin Port Corporation (Darwin marine Supply Base) Regulations (No 1 of 2012)

Question - put and passed c) Hon (Atforney-General), 6 December 2012, re Statehood Reference Ms Purick moved and Mr McCarthy seconded, That the Committee accept the Statehood reference received from the Attomey-General and authorise its publication,

Question - put and passed Sent a) Hon John Elferink (Attorney-General), 28 November 2012, re Bayview Estate Amendment By-Laws 2012 - noted

3. BRIEFING NOTE: STATEHOOD REFERENCE • Proposed Statehood Program Timetable Mr Mccarthy moved and Ms Purick seconded, That the Committee endorse the following Key Dates for inclusion in the preparation of a full budget cabinet submission: " Convention Election - Saturday 17 May 2014 • Darwin Convention - 6 to 13 September 2014 • Alice Springs Convention - 2 to 6 May 2015 • Assembly to pass Bill for Referendum - AugusVSeptember 201 5 • Referendum - November 2015 9 Request to Commonwealth - December 2015 Question - put and passed

» Promotion and Community Engagement Strategy The Committee agreed that, > The existing 'NT State T promotional materials should be re-used. > Current Statehood champions will need to confirm whether or not they wish to continue participating in the program. Additional champions required to better reflect certain sectors of the community. > Community engagement strategies should focus on promoting Statehood through the show circuit, major culturaf events, schools and Facebook. > MLA's to be briefed on Statehood program and provided with promotional materials and information kite with all electorate offices to incorporate static Statehood displays.

• NT Constitutional Convention Committee - Terms of Reference Ms Purick moved and Mr Mccarthy seconded, That the Committee endorses the previous NTCCC terms of reference for the establishment of a new NTCCC as follows: (1) The procedure for calling of meetings of the NTCCC and the conduct of its meetings shall, subject to any direction from the LCAC, be determined by the NTCCC< (2) The NTCCC shall provide minutes of its meetings to the LCAC and provide such other reports and recommendations to the LCAC as it sees fit. (3) The functions of the NTCCC are to provide advice to the LCAC on the implementation of the Statehood Program including: (a) the fssues to be considered at a constitutional convention; (b) the process for conducting a constitutional oonventton, inctuding: (i) the format for sessions and means of deliberation; (ii) decision making mechanisms; (iii) the intended outcome of the convention; (iv) procedural rules; (v) dispute resolution processes; (c) the preparation of delegates, including information to be provided prior to the convention; and (d) any other issues deemed by the NTCCC to be important for the implementation of the Statehood Program. (4) The Chair is the official spokesperson of the NTCCC.

Question - put and passed

• NT Constitutional Convention Committee - Membership The Committee agreed that. > A letter be sent to Professor George Williams AO noting the Committee's Statehood reference and indicating its intention to request his continued participation on the anticipated formation of an NTCCC next year. > Suggestions for other NTCCC members to be forwarded to the Committee Secretary for consideration at the next meeting.

4. NEXT MEETING Wednesday, 13 February 2013 at 12 noon.

Meeting closed at 1.30 p.m.

Ms Lia Finocchiaro, MLA Chair SUPPLEMENTARY MEETING NOTES: Thursday 6 December 2012

STATEHOOD REFERENCE

Proposed Statehood Program Timetable

Members agreed that the Statehood program should pick up where it left off and move ahead with planning for the election of delegates. Resolution passed regarding incorporation of the Key Dates from proposed timetable in the preparation of full budget cabinet submission.

Promotion and Community Engagement Strategy

Committee members reviewed the 'NT State 7'website (http://www.ntstate7.com.au/) and agreed that:

• The INT State 7J branding was still relevant and existing advertising and promotional materials should be re-used. • Existing information kits and promotional give-aways to be reviewed to determine whether or not there is a need for additional materials. • Need to consider how best to re-launch the Statehood Program • Website to be updated. • Existing Statehood Champions and partners (i.e. Wicking) to be contacted to confirm that they are still willing to be involved and are happy for existing advertisements to be re-used. • Suggestion that Wicking be invited to produce additional materials to re-launch the Statehood program and further promote the process as it moves the various stages. • Additional champions required to better reflect other sectors of the community and NT lifestyle: tradies, business, industry, rural, pastoral/cattlemen, recreational fishermen etc. LCAC members to give some thought as to potential candidates. • Need to consider use of Facebook and Twitter and the best way of ensuring regular updates are posted. • MLA's to be thoroughly briefed on the Statehood program. Members agreed that they have an important part to play in the on-going education of the community and promotion of the program. • Suggestion that all electorate offices should be provided with static displays and information kits. Also suggested that window banners could be produced for all electorate offices. • Members agreed that community engagement should focus on the promotion of Statehood via the annual Show circuit, attendance at major cultural festivals across the Territory, schools etc.

Northern Territory Constitutional Convention Committee

Chair advised that it was expected that a resolution would pass through the House during the February sittings authorising the re-establishment of an NTCCC to advise the LCAC re planning and holding of the two conventions. The Committee resolved to endorse the existing NTCCC terms of reference (see attached) since the functions of the new committee will remain the same.

The Committee further agreed that:

• On behalf of the LCAC, the Chair would write to Professor George Williams AO and foreshadow an invitation for him to again participate in the new committee.

Suggestions for community members included:

• President of the NT Law Society, Peggy Cheong • Business representative: Chris Young - Madam Speaker to follow up and gauge interest. • Regional representative: previous NTCCC member Fran Kilgariff who has strong connections with Alice Springs; Margaret Daniels, Brenda Saint • Indigenous representative: Jacinta Price (Bess Price's daughter) • Remote representative: Zania Little, Principal Ti Tree School

It was agreed that Members would email suggestions through to Committee Secretary for consideration at next LCAC meeting. In putting forward suggestions Members need to refer to, and bear in mind, the functions of the NTCCC (as per attached NTCCC Terms of Reference) and provide the following details:

• Name, position and category they are suggested for Le. Business, regional, rural, remote, Indigenous, youth. NTCCC Terms of Reference

1. The procedure for calling of meetings of the NTCCC and the conduct of its meetings shall, subject to any direction from the LCAC, be determined by the NTCCC.

2. The NTCCC shall provide minutes of its meetings to the LCAC and provide such other reports and recommendations to the LCAC as it sees fit.

3. The functions of the NTCCC are to provide advice to the LCAC on the implementation of the Statehood program, including: a) the issues to be considered at a constitutional convention; b) the process for conducting a constitutional convention, including: L the format for sessions and means of deliberation; ii. decision making mechanisms; iii. the intended outcome of the convention; iv. procedural rules; v. dispute resolution processes; c) The preparation of delegates, including information to be provided prior to the convention. d) Any other issues deemed by the NTCCC to be important for the implementation of the Statehood Program. 4. The Chair is the official spokesperson of the NTCCC. LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Committee Minutes of Proceedings

Meeting No. 4 12 noon, Wednesday, 13 February 2013 Level 3, Parliament House

Present: Ms Lia Finocchiaro. MLA, Chair, Member for Drysdafe Ms Kezia Purick, MLA, Hon Member for Goyder Mrs Bess Price, MLA, Member for Stuart Mr Michael Gunner. MLA, Member for Fannie Bay Mr Gerafd Mccarthy, MLA, Member for BarRly In attendance: Mrs Julia Knight, Secretary Mr Russell Keith. Clerk Assistant Committees Dr Jennifer Buckley, Senior Research Officer Ms Lauren Orrock , Administration/Research Officer

1. MINUTES OF PREVIOUS MEETING Mr Mccarthy moved and Ms Purick seconded That the Minutes of Meeting Number 3 of 6 December 2012 be confirmed.

Question - put and passed*

2. CONFLICTS OF INTEREST

3. CORRESPONDENCE In noting the correspondence: Mr Gunner moved and Ms Purick seconded That, on behalf of the Committee, the Chair respond to the letter from Ted Dunstan regarding the Statehood Program as discussed.

Question - put and passed,

4. TABLED PAPERS The tabled papers were noted

5. STATEHOOD a) Cabinet Presentation: Statehood The Chair provided an update on her presentation to Cabinet regarding the Statehood program and noted that it was anticipated the Government will make a decision on the continuation of the Statehood program around the 4-5 March.

b) Updated Statehood Timetable The updated Statehood Timetable incorporating advice from the NT Electoral Commissioner was noted. c) NTCCC Membership Discussion on NTCCC Membership was deferred until the Committee is advised of the Government's decision on continuation of the Statehood program.

6. OTHER BUSINESS a) Outstanding 2011/12 Annual Reports for the Tennant Creek and Royal Darwin Hospital Boards. Ms Purick moved and Mr Gunner seconded That the Committee wrile to the Minister for Health and ascertain why the 2011/12 Annual Reports for the Tennant Creek and Royal Darwin Hospital boards have not been tabled and determine when they will be tabled.

Question - put and passed.

b) Renewal of NT State 7 website hosting by Sprout Creative.

Ms Purick moved and Mr Gunner seconded That the Committee accept the offer from Sprout Creative regarding continuation of the hosting of the NT State 7 website for the next two years at a cost of $400,

Question - put and passed.

7. NEXT MEETING Wednesday 27 March 2013

Meeting closed at 12<35 p*nz

Ms Lia Finocchiaro, MLA Chair LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal & Constitutional Affairs Committee

Minutes of Proceedings

Meeting No. 7 12 noon, Wednesday, 15 May 2013 Level 3 Parliament House

Present: Mrs Bess Price, Chair, MLA, Member for Stuart Ms Lia Finocchiaro, MLA, Member for Drysdale Ms Kezia Purick, MLA, Hon Member for Goyder Mr Gerry McCarthy, MLA, Member for Barkly In attendance: Russell Keith, Clerk Assistant Committees Julia Knight, Secretary Lauren Orrock, Administration/Research Officer

Guests: Professor Ned Aughterson, Independent Legal Counsel Mr Michael Tatham, Deputy Clerk Apologies: Mr Michael Gunner, MLA, Member for Fannie Bay

MINUTES OF PREVIOUS MEETING

Ms Purick moved and Mr Mccarthy seconded That the Minutes of Meeting Number 6 of 27 March 2013 be confirmed.

Question - put and passed. CORRESPONDENCE

The correspondence was noted TABLED PAPERS

The tabled papers were noted

BRIEFING NOTE Alice Springs (Management of Public Places) Amendment By-Laws [No 57 of 2012] Ms Purick moved and Mr Me Carthy seconded

That the Committee write to the Minister for Local Government regarding:

a) The Alice Springs Town Council's failure to amend By-Laws 32 and 56 in its review of the Alice Springs (Management of Public Places) Amendment By-Laws [No 57 of 2012] as per its previous advice to the Committee of 3 February 2011;

b) The Alice Springs Town Council's failure to address the more substantive issues raised by the Committee's Legal Counsel in October 2010 in relation to:

• The extent to which By-Law 64 complies with section 257 of the Local Government Act;

• The fact that the Council acknowledged that the Committee's concerns regarding By-Laws 20, 21 and 52(2) of October 2010 may be contested in court but has made no attempt to amend the By-Laws to avoid such situations; and

c) The adequacy of the process of regulation making by Local Government Authorities given the number of issues highlighted by the Committee's Legal Counsel regarding regulations and By-Laws tabled by Local Government Authorities.

Question - put and passed

5. CONSIDERATION OF CHAIR'S DRAFT REPORT

Ministerial Correspondence on Subordinate Legislation and Publications May 2012 -April 2013, No 1 of 2013.

Mr Mccarthy moved and Ms Purick seconded

That the Committee adopt the report on Ministerial Correspondence on Subordinate Legislation and Publications May 2012 -April 2013, No 1 of 2013.

Question - put and passed

6. BRIEFING NOTE

Statehood Program Ms Purick moved and Mr Mccarthy seconded That the Committee write to the Chief Minister to:

a) Advise that it considers that appointment of delegates to constitutional conventions presents a very high risk of failure of the Statehood process and would like to explore options for reducing the costs of the election process; and b) Request that he provide the Committee with a full breakdown of costs associated with the recent NT General Election to enable the Committee to more adequately consider lower cost options for the election of delegates.

Question - put and passed

7. NEXT MEETING Wednesday 21 August 2013

Meeting closed at 1 pm At

Mrs Bess Price , MLA Chair LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly Legal and Constitutional Affairs Committee Minutes of Proceedings

Meeting No. 8 12 noon, Wednesday, 21 August 2013 Litchfield Room

Present: Ms Kezia Purick, Acting Chair, MLA, Hon Member for Goyder Ms Lia Finocchiaro, MLA, Member for Drysdafe Mr Gerry Mccarthy, MLA, Member for Barkly Ms , MLA, Member for Wanguri In attendance: Russell Keith, Clerk Assistant Committees Julia Knight, Secretary Jennifer Buckley, Senior Research Officer Lauren Orrock, Administration/Research Officer Apologies: Mrs Bess Price, Chair, MLA, Member for Stuart

1. ELECTION OF ACTING CHAIR The Secretary called for nominations for Acting Chair. Ms FinocchJaro nominated Ms Purick as Acting Chair for the meeting,

The motion was seconded by Ms Manison and carried, 2. MINUTES OF PREVIOUS MEETING Ms Finocchiaro moved, and Mr Mccarthy seconded That the Minutes of Meeting Number 7 of 15 May 2013 be confirmed.

Question - put and passed. 3. TABLED PAPERS Tabled papers were noted 4. CORRESPONDENCE Correspondence was noted 5. BUSINESS ARISING FROM CORRESPONDENCE Revised Statehood Program Timetable and Budget Ms Finocchjaro moved, and Ms Manison seconded That the Committee endorse the revised Statehood Program Timetable and notify the Chief Minister accordingly.

Question - put and passed. 6. NEXT MEETING Wednesday, 9 October 2013 Meeting closed at 12,45pm

~^> Ms , MLA Chair

Comm2012/00017.8 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12[h Assembly

Legal and Constitutional Affairs Committee Minutes of Proceedings Meeting No- 9 12pm, Wednesday, 9 October 2013 Litchfield Room

Present: Ms Larisa Lee, MLA Chair, Member for Arnhem The Hon. Kezia Pu rick, M LA, Member for Goyder Ms Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Ms Nicole Manison, MLA, Member for Wanguri

In attendance: Russell Keith, Clerk Assistant Committees Julia Knight, Committee Secretary Jennifer Buckfey, Senior Research Officer Lauren Orrock, Administration/Research Officer Guest Marianne Conaty, Deputy Clerk

1. ELECTION OF CHAIR

The Secretary called for nominations for Chair of the Committee foltowing Mrs Priced appointment to the Ministry and subsequent discharge from the Committee.

Ms Rnocchiaro nominated Ms Lees as Chair.

The motion was seconded by Ms Purick and Ms Manison and carried*

2. MINUTES OF PREVIOUS MEETING Ms Manison moved and Ms Finocchiaro seconded, That the Minutes of Meeting Numbers of 21 August 2013 be confirmed.

Question - put and passed,

3. TABLED PAPERS Tabled Papers were noted

4. CORRESPONDENCE

Correspondence was noted

5. MARINE (GENERAL) REGULATIONS [No 25 of 2013] Ms Finocchiaro moved and Ms Manison seconded that The Committee forward the legal advice to the Minister for Transport for consideration and comment

Question - put and passed,

COMM2012//0001Z9 6. UPDATE ON STATEHOOD PROGRAM The Committee is waiting response from the Chief Minister.

7. NEXT MEETING Next meeting to be on Wednesday, 27 November 2013

Meeting closed at 12,16pm

Ms Larisa Lee, M LA Chair

COMM2012/00017.9 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee Minutes of Proceedings Meeting No. 11 12pm, Wednesday, 12 February 2014 Litchfield Room

Present: Ms Larisa Lee, MLA Chair, Member for Arnhem The Hon. Kezia Purick, MLA, Member for Goyder Ms Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Ms Nicole Manison, MLA, Member for Wanguri In attendance: Russell Keith, Clerk Assistant Committees Julia Knight, Committee Secretary Jennifer Buckley, Senior Research Officer Lauren Orrock, Administration/Research Officer

MINUTES OF PREVIOUS MEETING

Ms Finocchiaro moved and Ms Manison seconded, That the Minutes of Meeting Number 10 of 28 November 2013 be confirmed.

Question - put and passed.

TABLED PAPERS Tabled Papers were noted

CORRESPONDENCE

Correspondence was noted

4. CHARLES DARWIN UNIVERSITY (SITE AND TRAFFIC) AMENDMENT BY-LAWS 2013 Ms Finocchiaro moved and Mr Mccarthy seconded that The Committee forward the legal advice to the Minister for Education for consideration.

Question ~ put and passed.

5. COMMERCIAL PASSENGER VEHICLE BOARD ANNUAL REPORT 2012/13 Mr Mccarthy moved and Ms Manison seconded that The Committee write to the Minister for Transport and seek clarification on the operational status of the Commercial Passenger Vehicle Board.

Question - put and passed.

6. STATEHOOD

Ms Purick moved and Ms Manison seconded that The Committee write to the Chief Minister seeking clarification of the LCAC's role in relation to its reference on the options for Statehood given the absence of agreement to proceed with the Revised Statehood Program Proposal and associated budget.

COMM2012//00017.11 Question - put and passed.

7. NEXT MEETING Next meeting Wednesday, 19 March 2014

Mleeting closed at 12.20 pm

Ms Larisa Lee, MLA Chair

COMM2012//00017.11 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee Minutes of Proceedings Meeting No. 12 12pm, Wednesday, 19 March 2014 Litchfield Room

Present: Ms Larisa Lee, MLA Chair, Member for Arnhem The Hon. Kezia Purick, MLA, Member for Goyder Mr Gerry Mccarthy, MLA, Member for Barkly Ms Nicole Manison, MLA, Member for Wanguri In attendance: Russell Keith, Clerk Assistant Committees Julia Knight, Committee Secretary Jennifer Buckley, Senior Research Officer Lauren Orrock, Administration/Research Officer Apologies: Ms Lia Finocchiaro, MLA, Member for Drysdale

1. MINUTES OF PREVIOUS MEETING

Ms Manison moved and Ms Purick seconded that, The Minutes of Meeting Number 11 of 12 February 2014 be confirmed.

Question - put and passed.

2. TABLED PAPERS Tabled Papers were noted

3. CORRESPONDENCE

Correspondence was noted

4. STATEHOOD PROGRAM Re letter from Hon Adam Giles regarding Statehood Program, 12 February 2014 Ms Purick moved and Ms Manison seconded that, The Committee write to the Chief Minister to clarify: • Which department is undertaking the review of Statehood and the process for this review; • Whether this review is taking into consideration the work previously completed by the Legal and Constitutional Affairs Committee, Statehood Steering Committee and the NT Constitutional Convention Committee; and

• The role of the Council of Australian Governments in the Statehood Process

Question - put and passed.

5. VICTIMS OF CRIME ASSISTANCE AMENDMENT REGULATIONS [No. 42 OF 2013] Mr Mccarthy moved and Ms Manison seconded that,

COMM2012//00017.12 The Committee forward the legal advice to the Attorney-General and Minister for Justice for consideration and comment.

Question - put and passed.

6. BAIL AMENDMENT (DRUG AND ALCOHOL TESTING) REGULATIONS [NO. 44 OF 2013] Ms Purick moved and Mr Mccarthy seconded that,

The Committee forward the legal advice to the Attorney-General and Minister for Justice for consideration and comment.

Question ~ put and passed.

7. DOMESTIC AND FAMILY VIOLENCE AMENDMENT (DRUG AND ALCOHOL TETING) REGULATIONS [No. 45 OF 2013] Ms Purick moved and Mr Mccarthy seconded that, The Committee forward the legal advice to the Attorney-General and Minister for Justice for consideration and comment.

Question - put and passed.

8. TRAFFIC AMENDMENT REGULATIONS [NO. 1 OF 2014]

Ms Manison moved and Ms Purick seconded that,

The Committee forward the legal advice to the Minister for Transport for consideration and comment.

Question - put and passed.

9. NEXT MEETING Next meeting Wednesday, 7 May 2014

Meeting closed at 12.20

Mr Nathan Barrett, M LA Chair

COMM2012//00017.12 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee Minutes of Proceedings Meeting No. 14 1 pm, Wednesday, 20 August 2014 Utchfield Room, Level 3, Parliament House

Present: Mr Nathan Barrett, MLA, Chair, Member for Blain Ms Ua Rnocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Ms Nicole Manison, MLA, Member for Wanguri Apologies: Hon Kezia Purick, MLA, Member for Goyder In attendance: Julia Knight, Secretary Russell Keith, Clerk Assistant Committees Lauren Orrock, Administration/Research Officer

1. MINUTES OF PREVIOUS MEETING

Ms Manison moved and Ms Finocchiaro seconded that: The Minutes of Meeting No 13 of 7 May 2014 be confirmed.

Question - put and passed

2. TABLED PAPERS Tabled were noted

3. CORRESPONDENCE

Correspondence was

Ms Manison moved and Mr Mccarthy seconded that: The Committee forward the advice from the Hon Tony Smith MP regarding silent electors to the Chief as the Minister responsible for the Northern Territory electoral Commission for consideration and comment, and advise the Hon Tony Smith accordingly. Mr Mccarthy moved and Ms Manison seconded that: The Committee to the Chief Minister to ascertain whether or not the Statehood program wll be in the 2015-16 budget.

Question - put and

4. PROFESSOR NED AUGHTERSON

Public and Environmental Health Regulations [No 11 of 2014]

Ms Manison moved and Ms Finocchiaro seconded that: The Committee forward the legal acMce to the Minister for Health for consideration and comment

Question - put and passed

COMM2012/00017J4 Alice Springs (Waste Management Facility) By-Laws [No 49 of 2013]

Ms Finocchiaro moved and Mr Mccarthy seconded that:

The Committee forward the legal advice to the Minister for Local Government and Regions for consideration and comment.

Question - put and passed

5. NEXT MEETING Wednesday 22 August 2014

Meeting closed at 1.35 pm ^ ^

Mr Nathan Barrett, MLA Chair

COMM2012/00017.14 B|S|8]

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee

Minutes of Proceedings

Meeting No. 16 10 am, Monday, 24 November 2014 Litchfield Room, Level 3, Parliament House

Present: Mr Nathan Barrett, MLA, Chair, Member for Blain Hon Kezia Purick, MLA, Member for Goyder Mrs Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Ms Lynne Walker, MLA, Member for Nhulunbuy

In attendance: Julia Knight, Committee Secretary Russell Keith, Clerk Assistant Committees Lauren Orrock, Administration/Research Officer

1. MINUTES OF PREVIOUS MEETING

Ms Purick moved and Mr Mccarthy seconded that:

The Minutes of Meeting No 15 of 22 October 2014 be confirmed.

Question - put and passed

2. TABLED PAPERS

Tabled papers were noted

3. CORRESPONDENCE

Correspondence was noted

4. BUSINESS ARISING FROM CORRESPONDENCE

Ms Purick moved and Mrs Finocchiaro seconded that:

(a) the Committee accepts the Treasurer's proposal that Regulation 4N of the Motor Accidents (Compensation) Amendment Regulations 2014 be repealed at the Executive Council meeting of 16 December 2014, on the grounds that it goes beyond the power conferred by s 20A(5) of the Motor Accidents (Compensation) Act, as an alternative to recommending its disallowance;

(b) the Chair, on behalf of the Committee, give notice of a motion to disallow to be moved on 17 February 2015 to ensure that the regulation's disallowance period does not expire prior to its repeal; and

(c) the Committee advise the Treasurer accordingly and request that the Committee be provided with confirmation when Regulation 4N of the Motor Accidents (Compensation) Amendment Regulations 2014 has been repealed as proposed.

Question - put and passed

5. CONSIDERATION OF CHAIR'S REPORT

Ms Purick moved and Mrs Finocchiaro seconded that:

COMM2012/00017.16 That the Committee adopt the Report on the Motor Accidents (Compensation) Amendment Regulations 2014, as amended, to be tabled in the Assembly on Tuesday 25 November 2014.

Question - put and passed

6. MAINTENANCE OF NT STATE 7 WEBSITE

Ms Purick moved and Mr Mccarthy seconded that:

The Committee agree to the rebuilding, hosting and maintenance of the NT State 7 website by Sprout Creative at the quoted cost of $7,377.60 ex GST.

Question - put and passed

7. NEXT MEETING

12 noon, Wednesday 18 February 2015

Meeting closed at 10.55 am

Mr Nathan Barrett, MLA Chair

COMM2012/00017.16 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee

Minutes of Proceedings

Meeting No. 19 12 noon, Thursday, 18 June 2015 Litchfield Room, Level 3, Parliament House

Present: Mr Nathan Barrett, MLA, Chair, Member for Blain Mrs Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Ms Lynne Walker, MLA, Member for Nhulunbuy

Apologies: Hon Kezia Purick, MLA, Member for Goyder

In attendance: Julia Knight, Committee Secretary Russell Keith, Clerk Assistant Committees Lauren Orrock, Administration/Research Officer

1. MINUTES OF PREVIOUS MEETING Ms Walker moved and Mrs Finocchiaro seconded that: The Minutes of Meeting No 18 of 25 March 2015 be confirmed.

Question - put and passed

2. TABLED PAPERS Tabled papers were noted

3. CORRESPONDENCE Correspondence was noted

4. MARINE (GENERAL) Amendment Regulations [No 5 of 2015] Mrs Finocchiaro moved and Ms Walker seconded that:

The Committee forward the legal advice to the Minister for Transport for consideration and comment.

Question - put and passed

5. NT STATE 7 WEBSITE The Committee discussed the rebuild of the NT State 7 website.

The Committee agreed that members would review content and provide comments back to the Committee Secretary for collating and determine any further changes required via email prior to the website going (live\

6. NEXT MEETING 12 noon, Thursday 27 August 2015

Meeting closed at 12.25 pm

Mr Nathan Barrett, IVILA Chair

COMM2012/00017.19 ISIBIBI^I

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee Minutes of Proceedings Meeting No. 20 12 noon, Thursday, 27 August 2015 Litchfield Room, Level 3, Parliament House

Present: Mr Nathan Barrett, MLA, Chair, Member for Blain Mrs Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Ms Lynne Walker, MLA, Member for Nhulunbuy Hon Kezia Purick, MLA, Member for Goyder In attendance: Julia Knight, Committee Secretary Russell Keith, First Clerk Assistant Lauren Orrock, Administration/Research Officer

1. MINUTES OF PREVIOUS MEETING Mrs Finocchiaro moved and Ms Walker seconded that: The Minutes of Meeting No 19 of 18 June 2015 be confirmed.

Question - put and passed 2. TABLED PAPERS Tabled papers were noted 3. CORRESPONDENCE Correspondence was noted 4. STATEHOOD • The updated NT State7 website went live on 7 July - http://ntstate7.com.au

• Members expressed their concern at the lack of communication with the LCAC regarding the process for achieving Statehood given the Chief Minister's recent announcement of the 1 July 2018 timeframe for achieving Statehood and noted their desire to actively pursue the LCAC's involvement in the Statehood process. As per the correspondence received, the Committee noted that the Chief Minister briefed the Leader of the on 13 August and was currently awaiting comment back from Mr Gunner and would advise the Committee of the outcome of their deliberations.

• Madam Speaker advised that she would be meeting with the Chief Minister and the Clerk in the near future to discuss the Statehood program and the funding previously provided to the Department of the Legislative Assembly to establish a Statehood Office and would report back to the Committee at its next meeting. 5. NEXT MEETING 12 noon, Thursday 17 September 2015

Meeting closed at 12.20 pm

Mr Nathan Barrett, M LA Chair

COMM2012/00017.20 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee

Minutes of Proceedings

Meeting No. 21 12 noon, Thursday, 17 September 2015 Litchfield Room, Level 3, Parliament House

Present: Mr Nathan Barrett, MLA, Chair, Member for Blain Mrs Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly

Apologies: Hon Kezia Purick, MLA, Member for Goyder Ms Lynne Walker, MLA, Member for Nhulunbuy

In attendance: Julia Knight, Committee Secretary Russell Keith, First Clerk Assistant Lauren Orrock, Administration/Research Officer

1. MINUTES OF PREVIOUS MEETING Mrs Finocchiaro moved and Mr Mccarthy seconded that:

The Minutes of Meeting No 20 of 27 August 2015 as amended be confirmed.

2. MATTERS ARISING FROM MINUTES

Mr Barrett moved and Mrs Finocchiaro seconded that:

The Committee write to the Chief Minister regarding the outcome of his meeting with the leader of the Opposition on Statehood and whether the role of the LCAC in progressing Statehood has been discussed.

Question - put and passed 3. TABLED PAPERS Tabled papers were noted

4. CORRESPONDENCE Correspondence was noted

5. PORTS MANAGEMENT REGULATIONS [No. 13 Of 2015] Mr Barrett moved and Mrs Finocchiaro seconded that:

The Committee forward the legal advice to the Minister for Transport for consideration and comment by Friday 16 October 2015.

Question - put and passed

6. FISHERIES AMENDMENT (COASTAL LINE FISHERY AND OTHER MATTERS) REGULATIONS [No. 19 of 2015] Mr Barrett moved and Mrs Finocchiaro seconded that:

The Committee forward the legal advice to the Minister for Primary Industry and Fisheries for consideration and comment.

Question - put and passed

COMM2012/00017.21 7. NEXT MEETING 12 noon, Thursday 19 November 2015

Meeting closed at 12.20 pm

Mr Nathan Barrett, MLA Chair

COMM2012/00017.21 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee Minutes of Proceedings Meeting No. 22 1.00 noon, Thursday, 19 November 2015 Litchfield Room, Level 3, Parliament House

Present: Mr Nathan Barrett, MLA, Chair, Member for Blain Ms Lynne Walker, MLA, Deputy Chair, Member for Nhulunbuy Mrs Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Apologies: Hon Kezia Purick, MLA, Member for Goyder In attendance: Julia Knight, Committee Secretary Russell Keith, First Clerk Assistant Lauren Orrock, Administration/Research Officer

1. MINUTES OF PREVIOUS MEETING Mrs Finocchiaro moved and Mr Mccarthy seconded that: That the Minutes of Meeting No 21 of 17 September 2015 be confirmed. Question put and passed.

2. TABLED PAPERS Tabled papers were noted

3. CORRESPONDENCE Correspondence was noted

4. PORTS MANAGEMENT REGULATIONS [NO. 13 OF 2015] The Committee considered the additional advice from Professor Aughterson and the correspondence from the Solicitor-General. the Committee agreed that the doubts about the validity of the regulation and, most particularly, the use of a general regulation making power to impose penalties, warrant a recommendation that the Regulation be disallowed. With a view to avoiding an unwanted gap in the regulatory regime for the Port, the committee asked the Chair to refer this advice to the Minister and seek his advice on what action he will take to bring the legislative regime for ports within appropriate legislative standards before the Committee reports to the Assembly on the regulation.

5. STATEHOOD

• As per the Chief Minister's letter of 10 November 2015, the Committee agreed that Ms Sibylle Brautigam: Executive Director Strategic and Federal Policy, Department of the Chief Minister be invited to brief the Committee on the work the department has completed to date regarding Statehood at the committee's next meeting scheduled for Thursday 3 December 2015.

• Ms Walker tabled a letter from the Leader of the Opposition, Mr Michael Gunner MLA, regarding the Labor Party's support for progressing Statehood and the importance of ensuring the process is driven by the community rather than politics.

COMM2012/00017.22 6. DRAFT REPORT ON MINISTERIAL CORRESPONDENCE Mrs Finocchiaro moved and Mr Mccarthy seconded that: The Committee adopt the Report of Ministerial Correspondence on Subordinate Legislation and Publications: November 2014 - November 2015. Question put and passed

7. NEXT MEETING 12 noon, Thursdays December 2015 Meeting closed at 1.40 pm

Mr Nathan Barrett, MLA Chair

COMM2012/00017.22 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee

Minutes of Proceedings

Meeting No- 23 12.00 pm, Wednesday, 2 December 2015 Litchfield Room, Level 3, Parliament House

Present: Mr Nathan Barrett, MLA, Chair, Member for Blain Hon Kezia Purick, MLA, Member for Goyder Mrs Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Ms Lynne Walker, MLA, Member for Nhulunbuy

In attendance: Julia Knight, Committee Secretary Russell Keith, First Clerk Assistant Lauren Orrock, Administration/Research Officer

1. STATEHOOD BRIEFING - Department of the Chief Minister • Rachel Bacon: Deputy Chief Executive • Sibylle Brautigam: Executive Director Strategic and Federal Policy • Rowan Reilly: Senior Policy Officer, Strategic and Federal Policy

Tabled Paper Background Briefing on Statehood

2. MINUTES OF PREVIOUS MEETING Mrs Finocchiaro moved and Ms Walker seconded that:

The Minutes of Meeting No 22 of 19 November 2015 be confirmed.

Question put and passed

3. TABLED PAPERS Tabled papers were noted

4. CORRESPONDENCE Correspondence was noted

5. PORTS MANAGEMENT REGULATIONS [No. 13 Of 2015] Ms Purick moved and Mr Mccarthy seconded that:

The Committee write to the Minister for Transport to clarify timeframe for amendment of the Ports Management Act and to advise of the Committee's intention to report on the matter to the Assembly and give notice of a motion to disallow Regulation 10 on Tuesday 9 February 2016.

Question put and passed

6. NEXT MEETING 2.00 pm, Monday 8 February 2016

Meeting closed at 1.55 pm

Mr Natfian Barrett, IVILA Chair

COMM2012/00017.23 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee

Minutes of Proceedings

Meeting No. 25 12.00 noon, Thursday, 17 March 2016 Litchfield Room, Level 3, Parliament House

Present: MrWillem Westra van Holthe, MLA, Chair, Member for Katherine Ms Lynne Walker, MLA, Deputy Chair, Member for Nhulunbuy Mrs Lia Finocchiaro, MLA, IVIemberfor Drysdale Hon Kezia Purick, MLA, Member for Goyder Mr Gerry Mccarthy, MLA, Member for Barkly

In attendance: Julia Knight, Committee Secretary Russell Keith, First Clerk Assistant Lauren Orrock, Administration/Research Officer Kim Cowcher, Administration Assistant

STATEHOOD REFERENCE

Briefing by the Attorney-General on new Statehood Reference.

Ms Walker moved and Ms Purick seconded:

That the Committee write to the Attorney-General and advise that:

a) Standing Orders do not provide for referrals to committees to be revoked; b) there is insufficient time remaining in the 12 Assembly for the Committee to adequately consult on and inquire into the matters in the new reference; and c) the Committee will table a report on its existing Statehood reference during the May sittings and, where appropriate, will incorporate material relating to the new reference.

Question - put and passed

2. MINUTES OF PREVIOUS MEETING

Ms Walker moved and Ms Purick seconded:

That the Minutes of Meeting No 24 of 8 February 2016 be confirmed.

Question put and passed

3. TABLED PAPERS Tabled papers were noted

4. CORRESPONDENCE Correspondence was noted

5. EDUCATION REGULATIONS [NO. 30 OF 2015]

Mr Mccarthy moved and Ms Purick seconded:

That the Committee forward the legal advice to the Minister for Education for consideration and comment.

COMM2012/00017.25 6. NEXT MEETING 12 noon, Thursday 21 April 2016

Meeting closed at 2.20 pm

€^z^ MrWillem Westra van Holthe, MLA Chair

COMM2012/00015.110 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee IWinytes of Proceedings

Meeting No. 26 12.00 noon, Thursday, 21 April 2016 Litchfiefd Room, Level 3, Parliament House

Present: MrWillem Westra van Holthe, MLA, Chair, Member for Katherine Ms Lynne Walker, MLA, Deputy Chair, Member for Nhulunbuy Mrs Lia Finocchiaro, MLA, Member for Drysdale Mr Gerry Mccarthy, MLA, Member for Barkly Apologies: Hon Kezia Purick, MLA, Member for Goyder

In attendance: Julia Knight, Committee Secretary Russell Keith, First Clerk Assistant Lauren Orrock, Admiriistration/Research Officer Kim Cowcher, Administration Assistant

1. MINUTES OF PREVIOUS MEETING

Ms Finocchiaro moved and Ms Walker seconded: That the Minutes of Meeting No 25 of 17 March 2016 be confirmed.

Question put and passed

2. TABLED PAPERS Tabled papers were noted

3. CORRESPONDENCE Correspondence was noted

4. BUSINESS ARISING FROM CORRESPONDENCE

Regarding invitation from Chief Minister for a briefing on current statehood activity, members agreed that, given time constraints, the Committee Secretary would seek a written update on the previous briefing provided to the Committee at its December 2015 meeting.

5. NEXT MEETING 3.00pm, Monday 23 May 2016 - consideration of Chair's Report on Statehood Reference

Meeting closed at 12.10 pm

IWrWillem Westra van Hojthe, IVILA Chair

COIVIM2012/D0017.2.6 LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 12th Assembly

Legal and Constitutional Affairs Committee

Minutes of Proceedings

Meeting No. 27 3.00 pm, Monday, 23 May 2016 Members and Guest Lounge, Level 4, Parliament House

Present: Mr Wiflem Westra van Holthe, MLA, Chair, Member for Katherine Ms Lynne Walker, MLA, Deputy Chair, Member for Nhulunbuy Mrs Lia Finocchiaro, MLA, Member for Drysdale Hon Kezia Purick, MLA, Member for Goyder Mr Gerry Mccarthy, MLA, Member for Barkly

In attendance: Julia Knight, Committee Secretary Russell Keith, First Clerk Assistant Lauren Orrock, Administration/Research Officer

1. MINUTES OF PREVIOUS MEETING Ms Finocchiaro moved and Ms Walker seconded: That the Minutes of Meeting No 26 of 21 April 2016 be confirmed.

Question put and passed

2. TABLED PAPERS Tabled papers were noted

3. CORRESPONDENCE Correspondence was noted

4. CONSIDERATION OF CHAIR'S DRAFT REPORT Report on Statehood Reference

Ms Purick moved and Mr Mccarthy seconded: That the Committee adopt the Report on Statehood reference to be tabled in the Assembly during the May sittings.

Question put and passed

5. CONSIDERATION OF CHAIR'S DRAFT REPORT Report on Ministerial Correspondence on Subordinate Legislation and Publications December 2015-May 2016

Ms Finocchiaro moved and Ms Purick seconded:

That the Committee adopt the Report on Ministerial Correspondence on Subordinate Legislation and Publications December 2015 - May 2016 to be tabled in the Assembly during the May sittings.

Question put and passed

Meeting closed at 3.30 pm

MrWiIlem Westra van Holthe, MLA Chair

COMM2012/00015.117