M LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 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 Lia Finocchiaro (Chair), Member for Drysdale Ms Kezia Purick, Member for Goyder Mrs Bess Price, Member for Stuart Mr Michael Gunner, 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 Adam Giles (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 John Elferink (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.