LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY
_________________________________________________________________________________
Standing Committee on Legal and Constitutional Affairs
Annual Report
1 July 2002 — 30 June 2003
_________________________________________________________________________________
Report deemed as a Tabled Paper in
the Legislative Assembly, on 25 June 2004
LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY
Standing Committee on Legal and Constitutional Affairs
Annual Report
1 July 2002 — 30 June 2003
Members of the Committee
Membership of the Committee as at 30 June 2003
Mrs M R Scrymgour, MLA (Chairperson) Mrs L M Braham, MLA
Mr M T Bonson, MLA Mr J W Elferink MLA Mr L F Kiely, MLA Mr T K Mills, MLA
Committee Staff:
Mr Rick Gray (Executive Officer)
Mrs Liz McFarlane (Administrative/Research Assistant) Ms Kim Cowcher (Committee Support Assistant)
CONTENTS Page
CHAIRPERSON'S STATEMENT 1
1. INTRODUCTION 3
ESTABLISHMENT OF COMMITTEE 3
ADDITIONAL TERMS OF REFERENCE 3
MEMBERSHIP OF THE COMMITTEE 4
FUNCTIONS OF THE COMMITTEE 5
SUB-COMMITTEES 5
HEARINGS AND MEETINGS 5
REPORTS, INFORMATION AND DISCUSSION PAPERS 6
2. COMMITTEE PROGRAM 6
GENERAL OVERVIEW 6
4. ADMINISTRATION AND STAFFING 8
STAFFING 8
EMPLOYEE AND ADMINISTRATIVE EXPENDITURE 2001-02 9
5. UNIT BUSINESS PLAN 10
PART 1 BUSINESSUNIT OVERVIEW 10
Summary of Business Unit Functions 10
Business Unit Resource Allocation 10
PART 2 LINKS TO STRATEGIC PLAN 10
Key Objectives and Outcomes and Outputs 10
Key Business Outputs: 10
PART 3 KEY BUSINESS OUTPUTS 11
KEY BUSINESS OUTPUT - 1: Procedural and Policy Advice 11
KEY BUSINESS OUTPUT - 2: Administrative, Financial and Resource Management 12
KEY BUSINESS OUTPUT - 3: Conduct of Inquiries/Programs 13
KEY BUSINESS OUTPUT - 4: Achievement of Terms of Reference (Reports, Discussion Information papers etc) 14
KEY BUSINESS OUTPUT - 5: Promoting community awareness and involvement 15
APPENDICES 17
APPENDIX 1 - COMMITTEE'S TERMS OF REFERENCE 19
APPENDIX 2 - FORMER AND CURRENT COMMITTEE MEMBERSHIP 23
APPENDIX 4 - SUMMARY OF DELIBERATIVE MEETINGS, 2002-03 27
CHAIRPERSON'S STATEMENT
In accordance with Standing Order 21B of the Legislative Assembly's Standing Orders, I have the pleasure of reporting to the Assembly the activities of the Standing Committee on Legal and Constitutional Affairs for the financial year ended 30 June 2003.
Committee activity during this financial year has been quiet. However, the Committee continued with its two major programs that were commenced in the last financial year.
These were:
1. The Discussion and Information Paper Program in respect of the Committee's general reference power on constitutional and legal matters including matters relating to Northern Territory Statehood and constitiutonal development; and
2. The Committee's Inquiry on Northern Territory Indigenous Affairs, examining the structural relationships in Indigenous affairs and governance within the Northern Territory.
In regard to the Inquiry on Northern Territory Indigenous Affairs, the Committee published Discussion Paper No. 1 Northern Territory Indigenous Affairs: An Examination of Structural Relationships in Indigenous Affairs and Indigenous Governance within the Northern Territory, which was sent to some 250 individuals and organisations throughout the Northern Territory.
By the end of the financial year the Committee had received 8 submissions.
With the establishment of the new Sessional Committee on Environment and Sustainable Development on 27 November 2002, the Committee approved, on 27 February 2003, a reviewed program of activity, in particular to its current inquiry into Northern Territory Indigenous Affairs. The reviewed program is detailed within this report.
On 22 May 2003, the Chief Minister, the Hon Clare Martin, MLA, announced her Government's recommitment to Northern Territory Statehood and that the Committee would facilitate and provide resources to a community driven process that would achieve a grant of Statehood, possibly within the next 5 years.
In this regard, the Committee commenced dialogue with the Office of the Chief Minister and will be considering this matter in further detail in the next financial year.
With the renewed commitment to Statehood, the Committee welcomed the Speaker, Mrs Braham MLA, in her capacity as the Independent member, onto the Committee.
Finally, I wish to express my gratitude to the members and staff of the Committee for their support during this year.
Marion Scrymgour Chairperson
1. INTRODUCTION
Establishment of Committee
On 20 August 1998, the Legislative Assembly of the Northern Territory, by resolution established the Standing Committee of Legal and Constitutional Affairs to inquire, report and make recommendations upon such constitutional and legal matters as may be referred to it by the Attorney-General; or by resolution of the Assembly.
Following the general election held in August 2001, the Legislative Assembly reconstituted the Standing Committee on 16 October 2001.
Additional Terms of Reference
On 25 October 2001, the Legislative Assembly resolved to enhance the Standing Committee's role and function in providing the following additional terms of reference:
1. The Committee shall inquire, consider, make recommendations and report to the Assembly from time to time on:
(a) any matter concerned with legal or constitutional issues, including law reform, parliamentary reform, administrative law, legislative review and inter- governmental relations;
(b) the legal or constitutional relationship between the Northern Territory and the Commonwealth;
(c) any proposed changes to that legal or constitutional relationship, including the admission of the Northern Territory as a new state of the Commonwealth; or (d) any proposed changes to the Commonwealth Constitution that may affect the
Northern Territory and/or its residents;
2. With the approval of the Attorney-General, any other matter concerning the relationship between the Northern Territory and the Commonwealth and/or the states in the Australian federation;
3. Meet with any other state or Commonwealth parliamentary committees to inquire into matters of mutual concern;
4. The Committee shall report to the Assembly as soon as possible after 30 June each year on its activities during the preceding financial year.
Apart from the Committee's primary terms of reference to inquire into and report on such constitutional and legal matters that are referred to it by the Legislative Assembly or the Attorney General, the additional terms of reference provides the Committee the power upon its own motion to address the three specific elements of that reference:
• A general reference power in respect of legal or constitutional issues, including law reform, parliamentary reform, administrative law, legislative review and inter- governmental relations.
• A general reference power on matters concerning the Northern Territory's ongoing constitutional development that may also be tied to a future grant of Statehood.
• Other specific inter-governmental relationships that the Attorney-General may wish the Committee to address or investigate.
Membership of the Committee
Committee Membership as at 30 June 2003:
Ms M R Scrymgour, MLA (Chairperson) Australian Labor Party
Member for Arafura
First elected: 18 August 2001
Parliamentary Position: Deputy Chairman of Committees Committee Membership:
Appointed: 16 October 2001
Appointed Chairperson - 24 October 2001
Mrs L M Braham, MLA Independent
Member for Braitling First Elected: 4 June 1994 Parliamentary Position: Speaker Committee Membership:
Appointed: 18 June 2003
Mr M T Bonson, MLA Australian Labor Party Member for Millner
First elected: 18 August 2001
Parliamentary Position: Deputy Chairman of Committees Committee Membership:
Appointed - 24 October 2001
Mr J W Elferink, MLA Country Liberal Party Member for Macdonnell First Elected: 30 August 1997 Parliamentary Position: Nil Committee Membership:
(20 August 1998 – I August 2001) Reappointed: 18 October 2001
Mr L F Kiely, MLA Australian Labor Party Member for Sanderson First elected: 18 August 2001
Parliamentary Position: Deputy Chairman of Committees Committee Membership:
Appointed: 16 October 2001
Mr T K Mills, MLA Country Liberal Party Member for Blain
First Elected: 31 July 1999
Parliamentary Position: Deputy Chairman of Committees Committee Membership:
(10 August 1999 – I August 2001) Reappointed: 18 October 2001
Functions of the Committee
The Committee derives its authority from the Northern Territory (Self Government) Act 1978 (Cth), the Legislative Assembly (Powers and Privileges) Act and the Standing Orders of the Legislative Assembly.
Under its terms of reference, the Committee has power to appoint sub-committees and to refer to any such sub-committee any matter that it is empowered to examine. Three members constitute a quorum of the Committee and three members constitute a quorum of a sub-committee.
The Committee or any sub-committee also has the power to:
(a) send for persons, papers and records;
(b) to adjourn from place to place;
(c) to meet and transact business in public or private session;
(d) to sit during any adjournment of the Assembly;
(e) print from day to day such papers and evidence as may be ordered by it; and (f) unless otherwise ordered by the Committee, a daily Hansard shall be
published of such proceedings of the Committee as they take place in public.
Sub-Committees
The Committee has the power establish sub-committees, to date none have been established.
Hearings and Meetings
Meetings of the Committee usually follow one of the following formats:
Public Hearings
Hearings are open to the public, including the media. The media may report any public session of the Committee, unless otherwise ordered by the Committee. Submissions to the Committee can be in written form or presented orally.
The Committee may also authorise the televising of the hearings under such rules as the Speaker of the Legislative Assembly may consider. Transcripts of the proceedings are produced by Hansard.
Deliberative Meetings
This format is used for private meetings of the Committee where "confidential" matters and the proceedings of the Committee may be discussed, together with general administrative business. Deliberative meetings are minuted but are not transcribed by Hansard.
Briefings
Briefings are generally not open to the public and are usually of a confidential nature and may go before, during or after a public hearing or are used in gathering general information by the Committee.
Taking of Evidence
Like all parliamentary committees, the Committee's effectiveness is largely reliant on the type and content of information developed, gathered or submitted during its deliberations.
The source and content of information, in the written and oral submissions received by the Committee, can be of a professional and specialist nature on specific subjects, or the promotion and presentation of particular attitudes and trends and ideas.
Reports, Information and Discussion Papers
The Committee, to date, has prepared the following reports and publications:
• Report: Report into appropriate measures to facilitate Statehood, (April 1999);
• Information Paper No. 1: Northern Territory Constitutional Development and Statehood: A Chronology of Events (June 2002);
• Discussion Paper No. 1 Northern Territory Indigenous Affairs: An Examination of Structural Relationships in Indigenous Affairs and Indigenous Governance within the Northern Territory (June 2002).
2. COMMITTEE PROGRAM
General Overview
The Standing Committee, in taking into account the additional terms of reference, passed by the Legislative Assembly on 25 October 2001:
• on 28 November 2001, adopted a program of developing and publishing a series of discussion and information papers, utilising the recommendations from the Report into appropriate measures to facilitate Statehood, which was tabled in the Legislative Assembly in April 1999, as focal points; and
• on 22 May 2002, the Committee, approved the holding of an inquiry into matters relating to Indigenous governance in the Northern Territory, in particular, the examination of appropriate relationships that should exist between the Indigenous people/communities of the Northern Territory, the Northern Territory Government and the wider Territory community:
(a) under the present constitutional/legislative arrangements applying in the Northern Territory; and
(b) whether those arrangements might have influence upon a future grant of Statehood to the Northern Territory; including
(c) the question whether the Northern Territory Government should enter into a Framework Agreement or Agreements with the representatives of those Indigenous people/communities.
Both of these programs are still continuing in this financial year.
With the establishment of the Sessional Committee on Environment and Sustainable Development on 27 November 2002, the Standing Committee, approved on 28 November 2002, to review, amend and expand where appropriate, its program of activity in respect of its current inquiry into Northern Territory Indigenous Affairs.
On 27 February 2003, the Standing Committee approved a reviewed program of activity for 2002-03 together with a proposed extended program of activity for the Indigenous Governance Inquiry for 2003-04 - see below.
3. REVIEWED COMMITTEE ACTIVITY FOR 2002-03
A. DISCUSSION AND INFORMATION PAPER PROGRAM:
The preparation of one Discussion/Information paper only - Subject to be determined - Commencement date: March 2003);
B. INQUIRY INTO NORTHERN TERRITORY INDIGENOUS AFFAIRS: AN EXAMINATION OF STRUCTURAL RELATIONSHIPS IN INDIGENOUS AFFAIRS AND INDIGENOUS GOVERNANCE WITHIN THE NORTHERN TERRITORY.
(1) Advertise Inquiry and Discussion Paper No.1 (August/September 2002);
(Due to very low level of operational funds, general advertising in the Inquiry did not commence).
(2) Call for written submissions (September/October 2002):
Some 250 letters were targeted to the following relevant organisations in the NT, inviting them to present a submission:
Organisation Number
NT Community & Regional Government Councils 37
NT Government Departmental Heads 20
NT Aboriginal Organisations 53
NT MLA's (excluding Chairperson) 24
NT Legal Entities/Statutory Office Holders 14
NT Aboriginal Incorporated Associations 54
NT Aboriginal Health Organisations 13
NT Municipal/Town Councils 15
NT Trade Unions, Business and Community based Associations and certain Eminent Individuals
21
TOTAL: 251
(3) Conduct briefings with appropriate Government and Non-Government Agencies (November 2002 – February 2003); (Note: Until the Standing Committee receives all of the submissions, briefings will not commence.) (4) Subject to (3) above, prepare and release a preliminary report for public
comment (April 2003).
C. INDIGENOUS GOVERNANCE INQUIRY - PROPOSED COMMITTEE PROGRAM FOR 2003-04
• Advertise call for written submissions on preliminary report.
• Conduct public hearings for comment on preliminary report or discussion paper.
• Report preparation for Committee consideration.
• Report adoption by Committee.
• Print report.
• Table report in the Legislative Assembly.
4. ADMINISTRATION AND STAFFING
Staffing
The Committee Secretariat is staffed by
• I x Executive Officer (AO8) – permanent - fulltime
• 1 x Research/Administrative Assistant (AO4) – contract (shared resource with the Sessional Committee on Environment and Sustainable Development).
• 1 x Committee Support Assistant (AO1) – permanent part-time (shared resource with other committees)
Past practice has shown that a full time Committee can achieve its respective Terms of Reference with a staff profile namely, a Committee Secretary/Executive Officer and an Administrative Assistant Research Assistant, and where applicable on the Speaker's approval, the Committee would co-opt specialist expertise, such as external consultants or secondees within the NTPS.
With the advent of a comprehensive and enhanced committee system within the Legislative Assembly and the establishment of the Sessional Committee on Environment and Sustainable Development there was a requirement to enhance secretariat support to the newly established Sessional Committee and the Standing Committee.
The Speaker, in conjunction with the endorsement of the Chairs of the Environment and Sustainable Development Committee and the Standing Committee, agreed to share the Standing Committee's Executive Officer to be the Secretary of the Environment and Sustainable Development Committee.
Subsequently, there was a requirement for the creation of a fulltime AO4 Administrative/Research Assistant position to support the Executive Officer and the two Committees, so as to ensure the efficient management of both Committees to undertake their respective inquiries.
Since the Committee has been rejuvenated, the present workload of the Executive Officer has been fulltime on Committee work. The Committee Support Officer (AO1), which was originally employed on a casual part-time contract basis assists has now been converted to a permanent part-time position.
Employee and Administrative Expenditure 2002-03
STATEMENT OF FINANCIAL PERFORMANCE - LEGAL & CONSTITUTIONAL AFFAIRS
Account Description Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Period 14 TOTAL
EMPLOYEE EXPENSES
SALARIES - PIPS 6 351 7 307 6 202 7 6403 109 5 796 4 049 6 355 -27 30110 8722 348 10 529 0 43 256 RECREATION LEAVE - PIPS 830 830 830 830 830 1 020 858 861 1 253 1 2531 253 3 761 0 14 412 REC LEAVE LOADING - PIPS 145 145 145 145 145 179 150 151 219 219 219 100 0 1 964
MEAL ALLOWANCE 0 0 0 0 0 0 0 0 30 0 0 15 0 45
PAYROLL TAX 712 483 484 482 480 557 731 527 733-1 814 772 164 1 898 6 208 SUPER INTERNAL SCHEMES - PIPS 535 465 465 465 465 465 698 465 465 465 465 465 186 6 074 SUPER EXTERNAL SCHEMES - PIPS 154 134 134 134 134 154 209 142 467 425 425 425 0 2 935 EMPLOYEE EXPENSES TOTAL 8 728 9 366 8 261 9 6975 164 8 171 6 694 8 500 -24 13311 4215 483 15 458 2 084 74 894
ADMINISTRATIVE EXPENSES
GOODS AND SERVICES
INTRA ACCOM PD AGENCY 0 0 0 0 0 0 0 0 0 0 0 - 107 0 - 107
CREDIT CARD ANNUAL FEES 0 0 0 0 0 0 7 0 7 0 0 5 0 19
DEPARTMENTAL TELEPHONES 0 379 0 324 0 162 162 0 362 0 395 147 0 1 932
MOBILES 0 82 0 77 0 28 78 0 100 0 63 40 0 468
FACSIMILES 0 141 0 147 0 74 74 0 168 0 134 67 0 804
CONSULTANTS FEES - NT 0 0 0 1 435 0 0 0 0 0 0 0 0 0 1 435
CONSUMABLES / GENERAL EXP 0 9 0 0 17 0 0 0 0 13 0 3 0 41
TEA FACILITIES 98 32 13 284 12 0 0 0 14 30 0 13 0 495
HOSPITALITY/ENT (NON-FBT) 0 0 32 0 0 0 54 95 2 0 0 93 0 276
APPLICATIONS SUPPORT CHARGES 278 0 0 301 150 0 150 0 558 204 0 408 0 2 050
INTERNET SERVICE CHARGES 0 71 17 71 0 53 17 0 65 0 110 34 0 438
INTERNET TRAFFIC CHARGES 0 21 0 21 0 16 0 0 20 0 15 3 0 96
MONTHLY SEAT CHARGES 0 1 992 0 2 582 0 0 2 941 5 317 558 2 852 238 1 549 0 18 028
OUT OF SCOPE CHARGES 0 0 0 428 0 0 214 0 - 58 0 0 0 0 584
DIRECTORY ENTRY CHARGES 49 49 0 54 109 0 54 38 38 0 77 38 0 507
MESSAGE CHARGES 31 32 0 49 114 0 43 50 64 0 174 38 0 594
ADDITIONAL EXCLUSIVE CHARGES 0 0 0 0 0 0 0 0 17 0 0 0 0 17
EMAG CHARGES - OTHER 42 42 0 46 92 0 46 0 0 0 36 24 0 329
DIAL UP SERVICES 0 128 0 88 0 41 0 0 72 0 80 40 0 449
WAN ACCESS CHARGES 0 0 0 201 50 50 50 50 0 0 201 0 0 602
LOTUS PRODUCTS LICENSING 10 0 36 18 16 16 0 0 49 16 0 32 0 194
LICENSING CHARGES - OTHER 0 0 0 0 143 0 0 463 51 51 0 0 - 566 143
MAINFRAME CONSULTANTS 0 0 0 17 0 0 0 0 0 0 0 0 0 17
IT HARD/SOFTWARE EXP - OTHER 0 0 0 0 0 0 0 0 84 0 0 0 0 84
REFERENCE MATERIALS 34 0 0 0 0 0 0 0 0 0 0 0 0 34
MEMBERSHIP AND SUBSCRIPTIONS 0 0 0 0 0 0 0 25 0 0 0 32 0 57
HIRE CHARGES 0 0 0 0 96 0 0 0 0 0 0 128 0 224
FUEL 0 0 51 0 0 0 0 0 0 0 0 - 56 0 - 5
OFFICE REQUISITES & STATIONERY 0 53 205 48 68 51 87 0 10 68 180 34 0 804
TONER 0 110 135 0 0 0 65 65 0 0 0 0 0 374
PAPER (COPIER, FAX, PRINTER) 0 133 0 0 0 0 0 254 0 0 389 0 0 776
EQUIPMENT EXPENSES - R & M 0 0 0 441 40 0 0 0 32 0 0 593 0 1 107
REGISTRATION FEES 0 0 0 0 0 0 0 0 0 0 0 350 0 350
GOODS and SERVICES TOTAL 542 3 273 488 6 633 909 491 4 043 6 357 2 213 3 2352 091 3 506 - 566 33 215 TOTAL 9 26912 639 8 74916 3306 073 8 66310 737 14 858 -21 92014 6567 574 18 964 1 517 108 109
5. UNIT BUSINESS PLAN
Financial Year 2002 – 2003 Standing Committee on Legal and Constitutional Affairs
Budget Output Group: Parliamentary Services Output 1 — Assembly Services
PART 1 BUSINESS UNIT overview
Summary of Business Unit Functions
Provide policy and procedural advice, administrative, financial and resource management support to the Committee to ensure the achievement of its terms of reference in an efficient, effective and timely manner.
Business Unit Resource Allocation Staffing:
• I x Executive Officer (AO8) – permanent fulltime (shared resource with Sessional Committee on Environment and Sustainable Development and the Standing Committee)
• 1 x Administrative/research Assistant (AO4) – contract – fulltime (shared resource with Sessional Committee on Environment and Sustainable Development and the Standing Committee)
• 1 x Committee Support Assistant (AO1) – permanent part-time (shared resource with other Committee's)
Budget July November February
(reviewed)
April
Personnel 43,000 43,000 63,000 63,000
Operational 25,000 25,000 25,000 25,000
Total 68,000 68,000 88,000 88,000
PART 2 LINKS TO STRATEGIC PLAN
Key Objectives and Outcomes and OutputsKey Objective: To provide parliamentary support to Members, Committees and other clients.
Outcome: Effective operation of the Committee to undertake inquiries report and make recommendations to the Parliament.
Key Business Outputs:
1. Procedural and Policy Advice
2. Administrative, Financial and Resource Management 3. Conduct of Inquiries
4. Achievement of terms of reference (Reports, Discussion Information papers etc) 5. Promoting community awareness and involvement
PART 3 KEY BUSINESS OUTPUTS
KEY BUSINESS OUTPUT - 1: Procedural and Policy Advice
Business UnitOutcome
The provision of accurate, high quality and timely advice to the Chairperson and Members of the Committee on
procedural and administrative matters.
Unit Outputs Performance Indicators
• Provide advice to Committee Chairperson and Members. • Acceptance by the Chairperson and Members that advice is accurate, impartial, timely and based on all relevant procedural sources.
• Record decisions of the Committee. • Minutes accurately reflect intent of the Committee.
• Enhance procedural knowledge of Committee staff. • Procedural seminars are conducted for committee staff.
• Ensure that committee system is administered on a uniform basis.
• Committee Executive Officers/Secretaries meet regularly with Clerk and the Speaker as required
• Communicate policy and advice to Committee Executive Officers/Secretaries.
• Regular meetings between the Clerk and Executive Officers/Secretaries.
• Committee Administrative and Procedural documentation are kept up to date
• Review and update on a regular basis all relevant documentation.
Public Hearings and Meetings
Public Meetings and Hearings: Nil
Deliberative Meetings: 6 - held in Darwin
Briefings: 1
Appendix: 4 summarises the Committee's Deliberative Meetings for this financial year.
Statements and Motions
Tabling Statement – 22 August 2002 in respect of the following:
• Annual Report 1 July 2001 – 30 June 2002
• Information Paper No. 1 - Northern Territory Constitutional Development and Statehood: A Chronology of Events.
• Discussion Paper No. 1 - Northern Territory Indigenous Affairs: An Examination of Structural Relationships in Indigenous Affairs and Indigenous Governance within the Northern Territory.
KEY BUSINESS OUTPUT - 2: Administrative, Financial and Resource Management
Business Unit Outcome
To ensure the efficient and provision, co–ordination and management of the resources provided to the Committee to undertake its inquiries.
Unit Outputs Performance Indicators
• Provide the Committee with appropriate core and research staff.
• Recruit competent, experienced and qualified staff.
• Provide the Committee with adequate facilities and
resources. • Maintain the committee secretariat at a high standard together with relevant information management and technology systems.
• Prepare Committee Business Plans and budget
estimates. • Business Plans and core and inquiry budgets are prepared
and updated to enable the Committee to conduct required level of activities.
• Monitor Committee expenditure. • All committee expenditure within budget and in accordance with Northern Territory Government policy.
• Provide Committee with administrative support. • Conduct regular reviews on administrative support requirements.
• Manage Committee files and documents. • Committee files and documents are accurate, maintained on a regular basis on TRIM and are archived in accordance with requirements of the Parliament and the Northern Territory Government policy.
• Efficiently process Committee accounts. • Accounts recorded and processed in accordance with the requirements of the Financial Management Act, Treasurer's Directions and Departmental policy.
Consultants
The Committee, on 28 November 2001, approved that expertise from officers and constitutional consultants through the Office Solicitor General and where appropriate the Department of Justice be sought as and when required to provide advice to the Committee on constitutional and legal matters; and endorse an indicative annual cost to reimburse reasonable travel, accommodation and general costs, of the consultant engaged by the Department of Justice, up to a limit of $10,000.
During this financial year the Committee utilised the services of a consultant who attended some of the Committee's five deliberative meetings ($1,435).
Business Plans and Programs
On 21 August 2002, the Committee' adopted its future programs and strategies for 2002-03.
On 18 June 2003, the Committee endorsed notional operational funding for 2003-04 and noted that the renewed Statehood campaign and the Committee's Indigenous Governance Inquiry program for 2003-04 will need to be reviewed.
Notional budget 2003-04
ITEM 2003-04 BUDGET REQUIREMENT
Personnel (50% shared with Environment
Committee) 77,000
Operational 63,000
TOTAL: $140,000
KEY BUSINESS OUTPUT - 3: Conduct of Inquiries/Programs
Business UnitOutcome
To provide the Committee with high quality research support for inquiries and programs including authoritative and well researched briefing papers.
Unit Outputs Performance Indicators
• Provide the Committee with research plans and activity programs.
• Acceptance by Members that research plans and activity programs are timely, accurate and comprehensive.
• Provide the Committee with high quality briefing
papers • Acceptance by Members to documentation presented for
consideration.
• Undertake research for committee inquiries. • Conduct research using primary and secondary sources relevant to the Committee's term of reference.
• Collect and analyse evidence relevant to terms of reference.
• Evidence, including submissions, analysed and summarised to Members' satisfaction.
• Engage and manage consultants where they of
assistance to an inquiry • Consultants' selection process is cost – effective and
engagement approved by the Committee and is in accordance with Northern Territory Government procurement policy
• Make travel arrangements for Committee. • Proposals for travel include detailed itinerary, list of proposed witnesses and full costing and are submitted are approved by the Committee before proposed visit(s).
• Conduct inquiries in accordance with terms of
reference. • All inquiries competed by due date and within budget.
Program of Activity
26 October 2002 Indigenous Governance Inquiry – reviewed program of activity – endorsed 27 February 2003 Indigenous Governance Inquiry – further reviewed program of activity 2002-03
and 2003-04 – adopted
Indigenous Governance Inquiry – list of submissions received 1. Director of Public Prosecutions NT
2. Galiwin'ku Community 3. Northern Land Council
4. Prof. Peter Jull – University of Queensland
5. Aboriginal and Torres Strait Islander Commission, NT 6. Aboriginal Areas Protection Authority
7. Central Land Council
8. Local Government Association of the Northern Territory
KEY BUSINESS OUTPUT - 4: Achievement of Terms of Reference (Reports, Discussion Information papers etc)
Business Unit Outcome
To enable the Committee to produce high quality reports and papers.
Unit Outputs Performance Indicators
• Provide the Committee with report outline and/or draft
recommendations or draft policy options • Report outline and possible findings and/or
recommendations, which respond to all key aspects of the inquiry, are submitted to the Committee prior to drafting full report.
• Prepare draft reports and discussion, information and
briefing papers for consideration by the Committee. • Reports and papers cover all key aspects of the respective program/inquiry are fully documented.
• Facilitate consideration of draft reports by the Committee. • The views of Committee Members taken into account when final drafts prepared and the report adopted in accordance with the requirements of the Standing and Sessional Orders.
• Arrange tabling of committee reports/papers. • Prepare reports and papers to a high standard of presentation and table in the Legislative Assembly in accordance with Standing and Sessional Orders.
Discussion and Information Papers Nil
Tabling of Committee Reports and Papers
• Annual Report 1 July 2001 – 30 June 2002
• Information Paper No. 1 - Northern Territory Constitutional Development and Statehood: A Chronology of Events
• Discussion Paper No. 1 - Northern Territory Indigenous Affairs: An Examination of Structural Relationships in Indigenous Affairs and Indigenous Governance within the Northern Territory
KEY BUSINESS OUTPUT - 5: Promoting community awareness and involvement
Business Unit Outcome
To improve public and community involvement in the role of the Committee in the parliamentary process and to
encourage public input in the activities of the Committee
Unit Outputs Performance Indicators
• Promote the business of the Committee within parliamentary environment including its Terms of Reference.
• Develop marketing strategies, undertake promotional activities and education programs, and conduct public awareness programs.
• Sponsor and participate in relevant conferences, seminars and meetings.
• Liase and collaborate with relevant Committees' of other Parliaments, academic institutions as well as government and Non – Government agencies.
• Inform the public and the community of Committee
activities. • Committees use the Internet, media, newsletters to publicise
inquiries and presentation of brochures and other public relations information mechanisms.
• Improve standard of Committee public relations material. • Conduct regular survey of all public relations information pertaining to the Committee.
• Encourage public input in Committee process. • Advertise terms of reference calling for submissions and dates of public hearings in the media and on the Internet.
• Make Committee reports and other documents available
to the public. • Distribute printed copies to interested parties as soon as possible and place reports on the Internet at earliest opportunity.
Promoting the business of the Committee - Sponsor and participate in relevant conferences, seminars and meetings
Last financial year the Committee agreed to promote the issues associated with Northern Territory constitutional development and Statehood in particular by supporting and the holding of Local Schools Constitutional Conventions in the Northern Territory. Planning has commenced for the holding of a Local Schools Convention in the first half of the next financial year.
The Committee during the year also provided assistance to Department of the Legislative Assembly's Parliamentary Relations and Information Unit in the development of a Parliamentary Education Kit primarily aimed at primary and secondary Northern Territory Schools.
Informing the public and the community
The Committee has organised to place on its Internet homepage its latest publications at www.nt.gov.au/lant/parliament/committees/lca/lca.shtml:
• Annual Report 2001-02
• Information Paper No. 1: Northern Territory Constitutional Development and Statehood: A Chronology of Events (24 June 2002)
• Discussion Paper No.1: Northern Territory Indigenous Affairs: An Examination of Structural Relationships in Indigenous Affairs and Indigenous Governance within the Northern Territory (24 June 2002).
APPENDICES
APPENDIX 1 - COMMITTEE'S TERMS OF REFERENCE
Standing Committee on Legal and Constitutional Affairs
TERMS OF REFERENCE
(1) A committee to be known as the Committee on Legal and Constitutional Affairs shall be appointed at the commencement of each Assembly to inquire, report and make recommendations upon such constitutional and legal matters as may be referred to it by:
(a) the Attorney-General; or (b) resolution of the Assembly.
(1A)1 The committee shall inquire, consider, make recommendations and report to the Assembly from time to time on:
(a) any matter concerned with legal or constitutional issues, including law reform, parliamentary reform, administrative law, legislative review and inter-governmental relations;
(b) the legal or constitutional relationship between the Northern Territory and the Commonwealth;
(c) any proposed changes to that legal or constitutional relationship, including the admission of the Northern Territory as a new state of the Commonwealth; or
(d) any proposed changes to the Commonwealth Constitution that may affect the Northern Territory and/or its residents;
(1B) With the approval of the Attorney-General, any other matter concerning the relationship between the Northern Territory and the Commonwealth and/or the states in the Australian federation;
(1C) Meet with any other state or Commonwealth parliamentary committees to inquire into matters of mutual concern;
(1D) The Committee shall report to the Assembly as soon as possible after 30 June each year on its activities during the preceding financial year.
(2)2 That, notwithstanding anything contained in Standing Orders, the following members be appointed to the committee: Ms M R Scrymgour, Mr L F Kiely, Mr M Bonson, two members to be nominated by the Leader of the Opposition, and one independent member, and that the Committee shall elect a government member as Chairman.
(3) In the event of an equality of voting, the Chairman shall have a casting vote.
(4) The committee have power to appoint subcommittees and to refer to any such subcommittee any matter, which the committee is empowered to examine.
1 Clauses (1A) to (1D) inserted by motion moved by Attorney General Mr Toyne dated 25 October 2001, adopted 25 October 2001
2 Clauses 2(A) and 2(B) repealed by motion moved by Mr Stirling dated 16 October 2001, adopted 16 October 2001.
(5) Three members of the committee constitute a quorum of the committee and three members of a subcommittee constitute a quorum of the subcommittee.
(6) The committee or any subcommittee have power to send for persons, papers and records, to adjourn from place to place, to meet and transact business in public or private session and to sit during any adjournment of the Assembly.
(7) The committee shall be empowered to print from day to day such papers and evidence as may be ordered by it and, unless otherwise ordered by the committee, a daily Hansard shall be published of such proceedings of the committee as take place in public.
(8) The committee have leave to report from time to time and any member of the committee has power to add a protest or dissent to any report.
(9) Unless otherwise ordered by the committee, all documents received by the committee during its inquiry shall remain in the custody of the Assembly provided that, on the application of a department or person, any document, if not likely to be further required, may, in the Speaker’s discretion, be returned to the department or person from whom it was obtained.
(10) Members of the public and representatives of the news media may attend and report any public sessions of the committee, unless otherwise ordered by the committee.
(11) The committee may authorise the televising of public hearings of the committee under such rules as the Speaker considers appropriate.
(12) The committee shall be provided with all necessary staff, facilities and resources and shall be empowered, with the approval of the Speaker, to appoint persons with specialist knowledge for the purposes of the committee
(13)3 The committee or a subcommittee be empowered to consider the minutes of proceedings, evidence taken and records of similar committees established in previous Assemblies.
(14) The foregoing provisions of this resolution, so far as they are inconsistent with standing orders, have effect notwithstanding anything contained in the Standing Orders.
3 Clause 13 amended by motion moved by Mr Stirling dated 23 October 2001, adopted 23 October 2001
APPENDIX 2 - FORMER AND CURRENT COMMITTEE MEMBERSHIP
FORMER AND CURRENT COMMITTEE MEMBERSHIP
Member Eighth Assembly
Ah Kit, J L (Alternate Member) 14.10.98 – 24.11.98
Bailey, J D 14.10.98 – 18.06.99
Balch, S J (Alternate Member) 16.02.99 – 09.05.00
Carter, S J (Alternate Member) 9.05.00 – 01.08.01
Elferink, J W 20.08.98 – 01.08.01
Hatton, S P (Chairman) 20.08.98 – 01.08.01
Hickey, M A 20.08.98 – 14.10.98
10.08.99 – 01.08.01
Lugg, C D 20.08.98 – 10.08.99
McCarthy, T R (Alternate Member) 14.10.98 – 16.02.99
Martin, C M 20.08.98 – 14.10.98
Mills, T K 10.08.99 – 01.08.01
Stirling, S J (Alternate Member) 24.11.98 – 01.08.01
Toyne, P H (Alternate Member) 14.10.98 – 01.08.01
Member Ninth Assembly
Bonson, M T 16.10.01 – *
Braham, L M Elferink, J W
18.06.03 – * 18.10.01 - *
Kiely, L F 16.10.01 – *
Mills, T K 18.10.01 – *
Scrymgour, M R (Chairperson) 16.10.01 – *
APPENDIX 4 - SUMMARY OF DELIBERATIVE MEETINGS, 2002-03
SUMMARY OF DELIBERATIVE MEETINGS
Meeting No.
Date Key Agenda Items
6 21 August 2002 • Annual Report 2001-02
• Discussion Paper No.1 - Northern Territory Indigenous Affairs: An Examination of Structural Relationships in Indigenous Affairs and Indigenous Governance within the Northern Territory.
• Information Paper No. 1: Northern Territory Constitutional Development and Statehood: A Chronology of Events.
• Review of Committee funding 2002-03
• Chief Minister's Business Round Table – Statehood
• Northern Territorians for Statehood Inc.
7 28 November 2001 • Northern Territorians for Statehood Inc.
• Inquiry into Indigenous governance
8 27/28 November 2004 • Inquiry into Indigenous governance
• Combined Aboriginals Nations of Central Australia
9 27 February 2003 • Committee funding requirements 2002-03 and 2003- 04
• Inquiry into Indigenous governance
• Legislative Assembly Sittings – Alice Springs
10 28 May 2003 • Renewed commitment to Northern Territory Statehood
• Inquiry into Indigenous governance
• House of Representative's Committee on Legal and Constitutional Affairs
11 18 June 2003 • Renewed commitment to Northern Territory Statehood
• Inquiry into Indigenous governance
• Notional funding 2003-04
