Territory Stories

Debates Day 2 - 23 April 1975



Debates Day 2 - 23 April 1975

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Parliamentary Record 3


Northern Territory. Department of the Legislative Assembly


Debates for 1st Assembly 1974 - 1977; Parliamentary Record; ParliamentNT; 1st Assembly 1974 - 1977




Made available by the Legislative Assembly of the Northern Territory





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pages 215 - 227

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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224 However, I am equally concerned to see that the people who own property in the cyclone area are protected from accidental or inadvertent mistakes made during the clean-up operations. I have it on good authority that such mistakes have occurred in recent times. Portions of houses have been removed where the occupant is in Darwin and actually occupying the house; he has gone away to work in the morning and come back in the evening to find a portion of his house removed and taken to the rubbish tip without any proper authority from him or proper consultation. These are mistakes, and it is one thing to cover an officer who made the mistake but it is another thing to look after the rights of the person so affected. Our examination of the existing legislation indicates that the present compensation provisions are not wide enough or specific enough to cover these kinds of cases. I foreshadow that, during the committee stages, I will be introducing an amendment which makes clearer, broader and more specific compensation entitlements for the protection of the rights and property of the people of this city in respect of any effect of the clean-up operation. The question of what we do with this bill at these sittings is one that I still have somewhat of an open mind about. I will be guided by the remarks and views put forward during the second-reading debate. It is largely retrospective in effect and could be dealt with in the proposed June sittings and still provide the necessary covers both to the population and the agents engaged in the clean-up campaign. As the bill has only been received by members this morning and as I am about to distribute the supporting notes prepared by the government, I suggest that sufficient time might be allowed before proceeding much further with the debate. Debate adjourned. CONTROL OF ROADS BILL (Serial 36) Bill presented and read a first time. Mr RYAN: I move that the bill be now read a second time. This bill has 2 important provisions, the first of which is contained in clause 3. It removes from the delegation provisions the requirement that the delegation from the Administrator be made to a person, so that the delegation now may be made to an office DEBATES-Wednesday 23 April 1975 holder. The delegation made under this ordinance includes the power to order the closure of a road or to impose weight limits on vehicles using the road. Last year, following considerable damage to road surfaces in the 1973174 wet, the ordinance was amended to provide for the speedy imposition of these restrictions when circumstances made them necessary. The decision is usually made under delegated power by the person on the spot who knows the circumstances, usually the district officer. As the delegation provisions stand, a delegation may not be made to the person holding the position of district officer as the office holder but must be made to that person by name. The delegation must be revoked and reissued with every change in appointment to the position and cannot be exercised during the illness or absence of the person. The amendment would enable the delegation to be exercised by the person for the time being acting in or performing the duties of the concerned office. The delegation would thus be exercisable at all times in emergency circumstances. The second important provision is in clause 5 and reinserts in section 45 (1) a penalty for using over-weight vehicles. That was inadvertently omitted when the section was last amended. This is a serious offence and can be a major cause of road surface deterioration. While some administrative means can be used to attempt to control the situation, it is necessary to have the sanctions of a penalty for offenders to help prevent the use of overweight vehicles. The amendment proposed in clause 4 is merely a minor amendment to correct the numbering error in an early ordinance. Debate adjourned. ANSWER TO QUESTION Dr LETTS: I have been able to get some information on the subject of the gift of tea in which the honourable member for Nightcliff has been interested. My information is that some of the consignment has arrived and there is more to come; the approximate total is 600 tea chests. What has arrived is stored in the supply section of the Emergency Services Committee. None has yet been distributed but the food committee of the emergency services organisation has been given the responsibility of making distribution arrangements and will probably be in contact with the service clubs and organisations to discuss ways and means in which this might be done.