LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY€¦ · R ELLIS NT Trades and Labour Council DARWIN 11/08/1988 TERMS OF REFERENCE NEED FOR A CONSTITUTION CONSTITUTION MAKING ENTRENCHMENT

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY

Sessional Committee on Constitutional Development

Foundations for a Common Future:

The Reporton Paragraph 1(a) of the Committee's

Terms of Referenceon a

Final Draft Constitutionfor the Northern Territory

Volume 3 — Synopsis of Evidence Received

November 1996

Presented andOrdered to be Printed

by the LegislativeAssembly of the

Northern Territory on27 November 1996

i

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY

Sessional Committee on Constitutional Development

Foundations for a Common Future:

The Reporton Paragraph 1(a) of the Committee's

Terms of Referenceon a

Final Draft Constitutionfor the Northern Territory

Volume 3 — Synopsis of Evidence Received

November 1996

iii

TABLE OF CONTENTS

VOLUME 1

Chapter

1. Summary of Recommendations.

2. Introduction.

3. History of the Process.

4. Key Issues and Commentary.

5. Strategies for the Future.

7. Administration and Staffing.

8. Appendices:

Appendix 1 - Original Terms of Reference.

Appendix 2 - Current Terms of Reference.

Appendix 3 - Former and Current Committee Membership.

Appendix 4 - Summary of Deliberative Meetings 1985 - 1996.

Appendix 5 - List of Submissions Received as at 22 August 1996.

Appendix 6 - List of Individuals appearing before the Committee.

Appendix 7 - Extract of Discussion Paper No. 5 - Advantages and Disadvantages of Statehood.

Appendix 8 - Final draft Constitution for the Northern Territory.

Appendix 9 - Options for dealing with rights.

Appendix 10- Tabling Statement to the Final Draft Constitutionfor the Northern Territory, 22 August 1996.

iv

VOLUME 2 - PART A

PUBLISHED PAPERS

Chapter

1. A Discussion Paper on the Proposed New Constitution for the NorthernTerritory.

2. A Discussion Paper on Representation in a Territory ConstitutionalConvention.

3. Discussion Paper No. 3 - Citizens' Initiated Referendums.

4. Discussion Paper No. 4 - Recognition of Aboriginal Customary Law.

5. Discussion Paper No. 5 - The Merits or Otherwise of Bringing an NTConstitution into Force Before Statehood.

6. Discussion Paper No. 6 - Aboriginal Rights and Issues - Options forEntrenchment.

7. Discussion Paper No. 7 - An Australian Republic? Implications for theNorthern Territory.

VOLUME 2 - PART B

PUBLISHED PAPERS

Chapter

1. Discussion Paper No. 8 - A Northern Territory Bill of Rights?

2. Discussion Paper No. 9 - Constitutional Recognition of Local Government.

3. Information Paper No. 1 - Options for a Grant of Statehood.

4. Information Paper No. 2 - Entrenchment of a New State Constitution.

5. Interim Report No. 1 - A Northern Territory Constitutional Convention.

6. Exposure Draft - Parts 1 - 7 : A New Constitution for the NorthernTerritory and Tabling Statement.

7. Additional Provisions to the Exposure Draft on a New Constitution for theNorthern Territory.

v

VOLUME 3

SYNOPSIS OF EVIDENCE RECEIVED

Chapter

1. Constitutional Provisions and Rights.

2. Legislative and Electoral Matters.

3. The Executive and Financial Matters.

4. The Judiciary and Judicial Independence.

5. Entrenched Provisions.

6. Other Provisions.

7. Representation in a Territory Constitutional Convention.

8. Options for a Grant of Statehood.

9. Discussion Paper No. 3 - Citizens' Initiated Referendums.

10. Discussion Paper No. 4 - Recognition of Aboriginal Customary Law.

11. Discussion Paper No. 6 - Aboriginal Rights and Issues - Options forEntrenchment.

12. Discussion Paper No. 7 - An Australian Republic? Implications for theNorthern Territory.

13. Discussion Paper No. 8 - A Northern Territory Bill of Rights?

14. Discussion Paper No. 9 - Constitutional Recognition of Local Government.

15. Interim Report No. 1 - A Northern Territory Constitutional Convention

16. Exposure Draft Northern Territory Constitution.

vi

VOLUME 4

WRITTEN SUBMISSIONS RECEIVED

(Submissions 1 - 141)

VOLUME 5 - PART A

HANSARD TRANSCRIPTS OF PUBLIC HEARINGS

Chapter

1. Alice Springs Region.

2. Barkly Region.

VOLUME 5 - PART B

HANSARD TRANSCRIPTS OF PUBLIC HEARINGS

Chapter

1. Darwin Region.

2. East Arnhem Region.

3. Katherine Region.

VOLUME 6

PARLIAMENTARY DEBATES, MOTIONS, TABLED PAPERS ANDSTATEMENTS

Chapter

1. Fourth Assembly.

2. Fifth Assembly.

3. Sixth Assembly.

4. Seventh Assembly.

vii

VOLUME 3 — SYNOPSIS OF EVIDENCE RECEIVED

PLEASE NOTE:

• This Volume contains extracts of evidence received by theCommittee. It is not an exhaustive response. However, theimportant elements of the submissions have been entered. Forfurther reading, please refer to the actual submissions in Volumes 4and 5 - Parts A & B.

• The Committee did not receive any evidence with regard toInformation Paper No. 2 — Entrenchment of a New StateConstitution, and Discussion Paper No. 5 — The Merits orOtherwise of Bringing an NT Constitution into Force beforeStatehood.

ix

CONTENTS

PageNo.

CHAPTER 1

'Constitutional Provisions and Rights' 1-1

CHAPTER 2

'Legislative and Electoral Matters' 2-67

CHAPTER 3

'The Executive and Financial Matters' 3-106

CHAPTER 4

'The Judiciary and Judicial Independence' 4-133

CHAPTER 5

'Entrenched Provisions' 5-153

CHAPTER 6

'Other Provisions' 6-219

CHAPTER 7

'Representation in a Territory Constitutional Convention' 7-271

CHAPTER 8

'Options for a Grant of Statehood' 8-303

CHAPTER 9

Discussion Paper No. 3 — Citizens' Initiated Referendums 9-351

CHAPTER 10

Discussion Paper No. 4 — Recognition of Aboriginal Customary Law 10-387

CHAPTER 11

Discussion Paper No. 6 — Aboriginal Rights and Issues - Options forEntrenchment 11-408

x

PageNo.

CHAPTER 12

Discussion Paper No. 7 — An Australian Republic? Implications for theNorthern Territory 12-418

CHAPTER 13

Discussion Paper No. 8— A Northern Territory Bill of Rights? 13-432

CHAPTER 14

Discussion Paper No. 9 — Constitutional Recognition of Local Government 14-440

CHAPTER 15

Interim Report No. 1 — Northern Territory Constitutional Convention 15-446

CHAPTER 16

Exposure Draft Northern Territory Constitution 16-458

1-1

Chapter 1

Synopsis of Evidence Received

Discussion Paper on a Proposed New State Constitution for the Northern Territory

'Constitutional Provisions and Rights'

'CONSTITUTIONAL PROVISIONS AND RIGHTS'

1-3

NAME ORGANISATION PLACE SUB NO. DATE

A HOSKING 1 10/08/1988

TERMS OF REFERENCE NEED FOR A CONSTITUTION CONSTITUTION MAKING ENTRENCHMENT CONSTITUTIONAL PROVISIONS

All components of the AustralianFederation should be on an equal footing.No second class tier for Territory. Samerights, privileges and responsibilities asother States.

COMMENTS COMMENTS COMMENTS COMMENTS COMMENTS

Accords with terms of reference.

COMMONWEALTH - JUDICIARY STATE - JUDICIARY HUMAN RIGHTS BILL OF RIGHTS RIGHTS AND FREEDOMS


1-4


D SHANNON 43 27/09/1989


Constitution should be short , concise andclear. Exceptions should be clearlydelineated.

(a) The constitution cannot be suspendedor altered without a Referendum. (b) Apetition by 20% of the voters shall begrounds for a Referendum. If more than50% of the voting population approvethe matter so petitioned, it shall haveeffect.


SCCD makes no recommendation. Generally accords with SCCD position.


No law to infringe freedom of speech,belief or association save that whichrequires silence in custody and veracity indealing with civil servants in office.


SCCD makes no specificrecommendation.


1-5


R TREMETHICK 46 25/09/1989


Proposal to address the wording of thequestions in a referendum to the effectthat: (a) for each change to theconstitution a referendum be held and (b)that only one item or topic is worded ineach question put to the referendum.


Generally accords with SCCD position.



1-6


NT Council of Government. SchoolOrganisations

47 27/09/1989




Declaration of Human Rights in theconstitution. COGSO specifically seeksinclusion of the rights of citizens to afree, secular and universal education.Article 26 of the UN declaration to formthe basis.


SCCD makes no recommendation.


1-7


K FLETCHER 2 30/05/1986


The method of approval of theconstitution should be by a Territoryreferendum.

The format of the constitution should bebased on the Australian constitutionincluding a means to amend it from timeto time. The principles upon which itshould be drawn should be theWestminster ideals.


Accords with SCCD recommendation. SCCD makes no recommendation.



1-8


K FLETCHER 2a 26/04/1989




Do not favour a written Bill of Rights ascases overseas have shown that a writtenBill of Rights means in some cases verylittle in safe-guarding individual right.




1-9


R ELLIS NT Trades and Labour Council DARWIN 11/08/1988


If there is to be a draft constitutiondeveloped by a constitutionalconvention, the process should be verybroad enabling consultation across thewidest spectrum of interested parties.Everybody should have an opportunityto input and to submit views. There needsto be a long period of time between thepreparation and adoption of a draftconstitution notwithstanding its positionon statehood.

The development of a Territoryconstitution would provide a uniqueopportunity to enshrine the reforms thathave occurred all over Australia sincefederation. The TLC argues that the NTshould go beyond political expediencyand set in place constitutional guaranteeswhich would provide a proper standard ofliving and protect the rights of the poorand underprivileged.

Issues of democratic and individual rightsunder the constitution as submitted to theCommonwealth ConstitutionalCommission in 1987 by the TLC shouldbe considered by any Territoryconstitutional convention.


SCCD makes no recommendation. SCCD makes no recommendation. SCCD makes no recommendation.



1-10


K ANDERSON NT Community GovernmentAssociation

DARWIN 11/08/1988


A constitution of a future NorthernTerritory should protect existing powersof remote communities and localgovernment as legitimate partners in thethird tier of government. Requires aguarantee in the constitution for all localgoverning bodies to be equal under thelaw. Recognise that due consultationwith local governing bodies takes placeprior to any changes.

Believe that the proposed constitutionprovides the opportunity for theenshrinement of local government andsupport the Select Committee's proposalthat section 121 of the Australianconstitution be utilised in the creation ofa new state.


SCCD makes no recommendation. Generally accords with SCCD position.




1-11


S ANDRUSZKO Darwin City Council 22 17/08/1988


It should be recognised that LocalGovernment as the third tier ofgovernment is of vital importance andshould be entrenched in the constitutionin a certain manner so as to require atwo-third majority at a referendum priorto any repeal or amendments to LocalGovernment matters.





1-12


J ANTELLA NT Local Government Association DARWIN 11/08/1988


The NT Local Government Associationsupports the philosophy inherent in thediscussion papers and agrees with theproposals including the single parliamentelected for a 4-year term and theindependence of the judiciary.Concerned re the form and compositionof the legislature, qualifications formembers and in relation to localgovernment.






1-13


N LYNAGH NT Local Government Association 9 10/02/1988


This Association supports the proposalof the Select Committee that Section121 of the Commonwealth Constitutionbe utilised in the creation of the newState of the Northern Territory;


Accords with SCCD recommendation.



1-14


R CROWE NT Confederation ofIndustry/Commerce

DARWIN 11/08/1988


Believes the Select Committee is on theright tract - the Information Paper haslaid down the scenario and the time-tablecorrectly. The population of the NTshould be given the chance to considerthe issues.






1-15


C JEFFERIES DARWIN 11/08/1988


Draft Constitution would be valuelesswithout a firm commitment from thepeople. Cut and paste relevantprovisions from the other 6 states andproduce a document. The Territory isnot so unique that it cannot benefit fromall of the other existing stateconstitutions.





1-16


NT BAR ASSOCIATION 20 29/08/1988


The constitution should satisfy thelegitimate aspirations of the Territorypeople. Involve participation and abalance in the representation of variousinterest groups.






1-17


W WHILEY 3 20/12/1987


The NT Constitution should cover thequality, manner, and use of power of theExecutive, Legislature and Judiciary inmuch the same manner as has beenrecommended for inclusion in theCommonwealth Constitution.

The constitution of the new State shouldshow more closely contemporarypractices and expectations than otherexisting constitutions e.g. proposalsformed to update the CommonwealthConstitution.


SCCD makes no recommendation. SCCD makes no recommendation.



1-18


V FORRESTER AMOONGUNA 14/04/1989




Do we have a Bill of Rights? Will welook at a Bill of Rights. Looking at usingthe United Nations covenants, you aredoing a Bill of Rights before you get todoing a constitution.




1-19


Women's Advisory Council DARWIN 10/08/1988


New State should be equal with existingStates.

Council recommends appointment ofsub-committee of 3 women nominated byEthnic Community Council, NT WomenLawyer's Association and NT Women'sAdvisory Council.


Accords with terms of reference. SCCD makes no recommendation.



1-20


P MCNAB 19 9/08/1988


The Constitution should be a statute ofthe NT entrenched to give fundamentalelements and rights. Otherwise modelledupon existing State constitutions. TheConstitution should set out a broadframework of a government under theCrown assuming a general separation ofpowers and responsible government andsupplemented by the operation ofconventions. These conventions shouldnot be codified in the Constitution.






1-21


M CROSSIN NT Trades and Labour Council 27 16/03/1989


Future role of the ConstitutionalDevelopment Committee - clarificationof regional consultations; clarification ofthe proposed convention; details of timeline for granting of statehood.





1-22


E JAMPIHINPA ROBERTSON YUENDUMU 11/04/1989


The constitution is important. It is agood thing.






1-23


R PULA UTOPIA 18/04/1989


This is the first time Aboriginal peoplehave been asked to say what they want inthe constitution. Aboriginal people don'tlike changing the law.





1-24


S MANSFIELD OENPELLI 9/05/1989


People have to get in and have their saynow. Otherwise, a whole lot of balandawill do it, because the white communityhas more votes than the Aboriginalcommunity. If Aboriginal people do notstand up and say what they want, it willjust be left out of the constitution. It isno good people saying that they do notwant to be part of this. People have toget involved now.






1-25


J TIPUNGWUTI NGUIU 11/05/1989


The aboriginal people are beingbrainwashed. If we talk of a constitutionwe are trying to do something good forour people and our children. If we try toget into it, there are some bureaucraticpeople who stop it.





1-26


D BAKER MILINGIMBI 4/05/1989


What happens now is that differentparties come at different times. Eachperson that comes to advise us has adifferent opinion. We just keep onlooking at these pamphlets here. Wehave to invite both of you to come nexttime. Then there will be a properunderstanding. That's what makes itconfusing because we don't know what tothink.






1-27


M JOHNSTON LAJAMANU 13/03/1989


This present government now is callinground asking Aboriginal people in eachcommunity for the statehood to go aheadand that this is our opportunity to saywhat we want in the constitution,whether we like it or not. Still we aregoing to have our government who willrun a lot of things in the NorthernTerritory for us. We are going to rely onparliament all the time if the Territorygovernment has that constitution here.But, it is true - we are confused andmaybe we do not trust each other.





1-28


P PATRICK LAJAMANU 13/03/1989


Whatever is written in the constitution,we want the next government to comeback to us and make the constitutionstronger and better.






1-29


B FINLAY JUNKURRAKUR 17/04/1989


In the long run, we as Aboriginal peoplefear that this place will become a state.We will not have any royalties or anyland rights. We don't want theconstitution that has been talked about.Take it back to the Legislative Assembly.





1-30


S LEWIS JUNKURRAKUR 17/04/1989


We don't want the constitution. Weneed more time to discuss about it. Maybe we will tell you what we want, but notat this time.






1-31


F BUNDUCK WADEYE 12/05/1989


We will all work towards making aconstitution for the Northern Territory.





1-32


A KEARNEY PALMERSTON 28/03/1989




Land management should be NT'sresponsibility. Constitution shouldguarantee education, both primary andsecondary irrespective of the remotenessof communities.




1-33


C DRAFFIN PALMERSTON 28/03/1989




It is dangerous to lock up information.People have the right to truth. Of coursethere must be provisions which will allowpeople to be persecuted or sued fordefamation.

A Bill of Rights in line with the Canadianmodel is recommended. That is a Bill ofRights created as an ordinary legislationwhich can be changed by the governmentof the day.



1-34


S BENNETT PALMERSTON 28/03/1989




If freedom of speech is to be included -there should not be exceptions. It shouldinclude freedom to be wrong and to beaccountable for what you say whetherdeliberately or not. Recommendunlimited freedom of speech. However,there has to be accountability for whatyou write, print and distribute throughthe press.




1-35


F HOLLAND PALMERSTON 28/03/1989


I am making a statement that thereshould be provisions to protect theenvironment. The constitution shouldrequire manufacturers to prove theirproducts and by-products are nothazardous to the environment or to thesociety.





1-36


M WINUNGUDJ MANINGRIDA 2/05/1989


Ensure that aboriginals are protectedunder local community government.Aboriginals must ensure they areinvolved in the new constitution. Wouldlike to talk about the constitution that isbeing introduced. If the constitution getsfinalised - would like to know how we aregoing to go about co-operating with eachother and working together.






1-37


J FORSCUTT KATHERINE 16/03/1989




Bill of Rights to be spelt out in theclearest terms and included in theconstitution.

Freedom of information should beincluded in the NT constitution.



1-38


D DITCHBURN JABIRU TOWN COUNCIL JABIRU 9/05/1989


Suggest a review of the constitutionevery 100 years.

Language in the constitution should besuch that it is easily understood by a 15or 16 year old kid of average intelligence.I would not like to see something whichis more or less a copy of the Americanconstitution.




In terms of enshrinement of rights -freedom from religion and freedom fromassociation should also be written in theconstitution.




1-39


W LOFTHOUSE JABIRU TOWN COUNCIL JABIRU 9/05/1989


Constitution should be written in verysimple language. I support thedevelopment of a constitution even if wedo not proceed to statehood in the nearfuture. Statehood could come at theappropriate time and the constitutionwill provide a good basis.

The evolution of the new constitutionshould be done thoroughly and properly.Provide review period for theconstitution.


Generally accords with SCCD position. Generally accords with SCCD position.



1-40


M MARTIN JABIRU TOWN COUNCIL JABIRU 9/05/1989


The NT should try to imitate theAmerican constitution. We should createa constitution which is more open andenlightened than those which the otherstates suffer under today.






1-41


T MACMICHAEL NHULUNBUY 20/07/1988


Land use management and capability toutilise natural resources to support thefuture state should be equal to otherstates.





1-42


Pastor T MALBUNKA HERMANNSBURG 7/04/1989


Push federal government in Canberra onwhat the Northern Territory peoplewant.

Aboriginal people have to write the lawthey want so that it says what thegovernment can and cannot do.






1-43


H PAREROULTJA HERMANNSBURG 7/04/1989


People of the Northern Territory shouldhave their own government and worktogether.





1-44


H BIGFOOT DOCTOR RIVER 4/04/1989


Would like the Europeans andAboriginals to live together. We don'twant only the European views in theconstitution. We want Aboriginal viewsas well.






1-45


B ROSS ADELAIDE RIVER 3/03/1989




Freedom of information should beincluded in the constitution.



1-46


M BULL WOMEN'S ADVISORY COUNCIL DARWIN 10/08/1988


Recommend that the constitution bewritten in non-sexist language andcommend the committee for havingadopted this approach so far.

Women form half the voting strength inthe Northern Territory and it is essentialthat their voices should be heard at everystate of the constitutional developmentfor the Northern Territory. A sub-committee of women experts to beappointed to be involved in all stages ofconstitutional development.




The constitution and the complementarylegislation should establish basic humanrights. Request a constitutionalcommitment to the principle of equalityof the sexes and legislation empoweringit.




1-47


S SCHMOLKE WOMEN'S ADVISORY COUNCIL DARWIN 10/08/1988


A way has to be found to appoint a sub-committee of representatives of women'sorganisations.




Adequate provision for human rights andequal rights to be made. A commitmentin the preamble and in the constitutionitself.



1-48


I WILLIAMS WOMEN'S ADVISORY COUNCIL DARWIN 10/08/1988


The Territory should move towardsdeveloping its own constitution with theachievement of statehood being theultimate aim. The people of theTerritory should feel it is theirconstitution and that it would enable theeventual gaining of full statehood.






1-49


P HOCKEY 15,36 5/10/1988


New parliament of the new state shouldhave the same powers as other Australianstates.




A part of the adoption of any Bill ofRights should remain the prerogative ofthe Commonwealth. Constitutionalguarantee on speech, religion, owningproperty and land and freedom ofeducation except freedom of assembly inlarge crowd situation where permitsystem should apply.



1-50


PEOPLE'S LAW 51 8/05/1991


Amendment of the constitution should beby a popular initiative of residentsqualified to vote. If 5% request forpartial amendment the government musthold a referendum. If severalamendments are to be made, each onemust be the subject of a separateinitiative.


Does not accord with SCCDrecommendation.




1-51


M LONSDALE 44 18/10/1989


Any changes to the constitution in thefuture must be put to the people as areferendum.





1-52


G BROWN 40 30/08/1989


The Northern Territory should haveone law, one people.




The NT constitution should have theright of assembly. The freedom ofinformation without restrictive orprohibitive costs to obtain it.




1-53


Dr P THORN 39 30/08/1989




Equitable and culturally acceptableeducation should be available to allresidents of the proposed state. Thedefinition of this education should bedetermined by an expert body whichremains independent of politicalpersuasions.



1-54


P SMITH-VAUGHAN 37 24/05/1989




Religion in education. Strongly supportfreedom of religion and freedom fromreligious indoctrination by the state.Religious freedom should not take theform of legislation but should berecognised as a basic right in ourconstitution. The constitution shouldprotect those taken into custody bypolice. There should be specific limits onthe length of time a suspect may be heldwithout being charged.




1-55


P MITCHELL 16 5/10/1988


Equal representation as other states andremove extreme laws that currentlyseparate NT from other states.





1-56


J THOMSON 4 2/03/1988


New state should not be treateddifferently from others.

Entrenchment of the whole constitutionis essential.


Accords with SCCD recommendation. Accords with SCCD recommendation.


The constitution should embody the rightto education of every child at bothprimary and secondary levels; and thisshould be free. Would also like to seetertiary education free of fees. No rightshould be absolute. There should berestrains on freedoms.




1-57


J HARE DARWIN 10/08/1988


Territory should not have a constitutionenforced on it. It should develop one.Drafting of a new state constitutionprovides a unique opportunity for aTerritory constitution to be drawn up toreflect the social, economic andgeographic diversity of the NorthernTerritory. Lessons should be drawn fromthe inadequacies of existing stateconstitutions.





1-58


F O McGUIRK 53 21/08/1991


The present push for the NorthernTerritory to be ordained full Statehood isa little premature. For instance, such anew State would need a Constitution andin all righteousness not such a powerfuldictatorial document that has beenunjustly used in the recent past by acertain State of Australia.






1-59


H PFEIFER 65A 6/11/1991


Persons outside the Territory should beconsulted in the preparation of the newState constitution.





1-60


B HANNAFORD 112 3/06/1994


The people, not government appointeesmust be the ones to frame the newconstitution.






1-61


P JULL 130 11/08/1995


The search for unique political andconstitutional accommodations of smallindigenous populations in large or remoteareas is normal in the late 20th century.In some cases a unified 'home rule'constitution has proven the answer; inothers a dual system in which indigenouspolitical settlements and creation orcontinuation of a general regionalgovernment forms the regionalconstitution.





1-62


J THOMSON 26 25/05/1989


The new Parliament of the new stateshould have the same powers as otherAustralian State Parliaments have now.






1-63


NORTHERN AND CENTRAL LANDCOUNCILS

134 25/08/1995


It is apparent from the series ofDiscussion Papers and Reports publishedby the Committee that work has beendone and some progress has been made insome areas over the ten years of itsoperation. However the Committee givesinsufficient attention to the fundamentalimportance of the recognition ofAboriginal people's native title rights andfails to recognise the impact this has hadon the Committee's work. It is verydisappointing that the Committee haseither ignored the work done in theFederal area or rejected it for reasonsthat are not given in any DiscussionPaper.

The development of a constitution forthe Northern Territory (whether or notaccompanied by the grant of statehood)is a unique opportunity for the passage ofa modern Australian constitution. Such amodern constitution must recognise thespecial rights and entitlements ofAboriginal people and facilitateAboriginal self-determination. Theserights must be enforceable. It is notsufficient to merely acknowledge thehistorical reality of prior occupation byAboriginal people.

If the Committee is to try to properlyaddress the rights and needs of Aboriginalpeople in developing this constitution,then it must look much further than whatrights and entitlements are to beexplicitly contained within theconstitution. The entrenchment ofthose rights is important but it must beaccompanied by a genuine desire to listento what Aboriginal people want and to beflexible and creative in trying to meetthose needs in a range of ways.


SCCD makes no recommendation. Generally accords with SCCD position. SCCD makes no recommendation.



1-64


WOMEN'S ADVISORY COUNCIL 7 2/02/1988


Constitution be written in non-sexistlanguage. Constitution should contain acommitment to the principle of equalityof the sexes and non-discrimination.

Request that the Select Committeeappoint a sub-committee of 3 womennominated jointly by the EthnicCommunity Council, NT Women'sLawyers Association and the NTWomen's Advisory Council to beinvolved in all three stages ofconstitutional development includingappointment of members to theconvention.




Embrace obligations ratified in 1983 bythe Australian government for theelimination of all forms of discriminationagainst women. Embody the principle ofequality of men and women in thenational constitution - embrace article2(a) of the convention. That the newstate constitution should include apreamble establishing basic human rightsfor the new state and its citizensincluding non-discrimination on thegrounds of race, national or ethnic origin,colour, creed, religion, sex, age or mentalor physical disability; and that the newstate establish legislation to protect basichuman rights




1-65


M CROSSIN NT Trades and Labour Council 13 14/06/1988


There should be a suitable period of timebetween the preparation of the draftconstitution and adoption by theconvention. During this time, theconstitution should be widely circulatedand mechanisms established for input andsubmissions by interested parties. Thedevelopment of a new constitutionprovides a unique opportunity toenshrine social, economic and politicalreforms that have taken place sincefederation.





1-66


S KEUNEN 23 4/10/1988


Retention of the Westminster model orthe Australian model as accepted by theSelect Committee. It is desirable not toloose the spiritual link through themonarch. Suggest that the NT should bevested in a state parliament consisting ofGod and the Legislative Assembly.




This is the time to seek support andconfer with existing States for theproposed grant of statehood and thenewly created bill for human rights. Thebill to be universally taken up by allstates. The proposed Rights Bill shouldinclude the American Bill of Rights asinformed to the other states, but alsomarry 12 articles of the AmericanUniversal Declaration & 2 counts fromCanadian Charter.



Volume 3 — Synopsis of Evidence Received Chapter 2 - Legislative and Electoral Matters

2-67

Chapter 2

Synopsis of Evidence Received

Discussion Paper on a Proposed New State Constitution for the Northern Territory 'Legislative and Electoral Matters'

'LEGISLATIVE AND ELECTORAL MATTERS'

2-68


F PERCEVAL DARWIN 11/08/1988

TRANSITIONAL PROVISIONS CONSTITUTION OF PARLIAMENT NUMBER OF CHAMBERS NUMBER OF MEMBERS QUALIFICATIONS OF OFFICE

Single House recommended. TheLegislature should be kept as simple aspossible.

Provision in the constitution to preventa member of parliament having aninterest in a contract with the state,participating in debate or voting on thatmatter.


Accords with SCCD recommendation. Generally accords with SCCD position.

TERM OF OFFICE ELECTORAL PROVISIONS QUALIFICATIONS OF VOTERS OTHER ELECTORAL MATTERS OTHER LEGISLATIVE MATTERS

Four year term suggested.





2-69


H de SACHAN BATCHELOR 31/03/1989


We should have two houses ofparliament.






2-70


A KEARNEY PALMERSTON 28/03/1989




The Governor or the titular head of stateshould not be able to remove the electedgovernment. It is appropriate that aguaranteed minimum 3 year term shouldbe incorporated in the constitution. Thegovernor has no powers to dissolveparliament during this period. Also thePolice Commissioner should haveindependent status. Fixed term forparliament should be 5 or 6 years. Thiswould allow time for planning of long-term policies and implementing them.

Electoral boundaries should be equal interms of eligible voters. Rigging ofelectorates or gerrymandering should beavoided and any process which enablesany party to have an unfair advantage inthe drawing of electoral boundaries shouldnot be allowed. Qualifications for votingshould be as derived from section 14 ofthe NT (Self-Government) Act. Thisshould be entrenched in the constitution.There should also be provision to go toan election and say you do not like anyof the candidates.






2-71


C DRAFFIN PALMERSTON 28/03/1989


Should consider an alternative to what isbeing suggested - i.e. the Americanpresidential system - 3 facets ofgovernment where 2 branches can holdthe third branch in control. What I wantto see is the abolition of all existingstates and give us a unitary government.The great model is the Westminstermodel. The powers have been divided butthe concept remains.




If there is an election within 3 years - itshould be for the remainder of the 4 yearterm. What is proposed is an approachwhich takes the political advantage outof early elections. In a crisis situation, ifa government with a single (1) majoritylooses its seat, then it would beappropriate to go the people.




2-72


F Holland PALMERSTON 28/03/1989




There is some conflict in the way thevoting system works now. It would bebetter if each party gave a list ofcandidates in the party's order ofpreference. The voter would have theoption of choosing that order or give hisown order of preference which caninclude candidates from another party.





2-73


S BENNETT PALMERSTON 28/03/1989




It could be entrenched in a constitution.The implementation would evolve withlegislation.




2-74


A MODRA PALMERSTON 28/03/1989




Would like to make another comment onthe environmental issue. We should beaware of the impact of our activities onthe atmosphere and the environmentgenerally. It should be recognised in theconstitution.





2-75


K DOOLAN MILIKAPITI 11/05/1989




Provision should be made within theconstitution to protect ongoingcircumstances like health education andprovision of essential services. Theseshould be guaranteed in the constitution.




2-76


M WINUNGUDJ MANINGRIDA 02/05/1989




Aboriginal laws should be written into theconstitution so that it cannot be changedby anyone.





2-77


J FORSCUTT KATHERINE 16/03/1989




Order of precedence to be included in theconstitution. There cannot be a changewithout people knowing about it.Sections of the Australian Constitutionwill pertain to us on becoming a state.




2-78


S RAINER ANGURUGU 02/05/1989


Do away with the 2-party system in theparliament. Instead of the party electingits party leader, we could have a systemwhereby, as part of the electoral process,the people elect the person to be thePrime Minister and/or a deputy. Once theHouse is elected, every member becomesa member of the governing parliamentand works for the benefit of the peoplein the parliament, not for the benefit ofthe party.







2-79


B ROSS ADELAIDE RIVER 03/03/1989




Four year life for Parliament.




2-80


L WILKES ADELAIDE RIVER 03/03/1989




Do not agree with preferential voting.





2-81


S SCHMOLKE WOMEN'S ADVISORY COUNCIL DARWIN 10/08/1988


Believe that there should be one housewith the possibility of a second housebeing created should that be the wish ofthe community at large at some futuretime.






2-82


J HARE DARWIN 10/08/1988


Unicameral parliament is the preferredoption.

Qualifications for nomination asmembers of the new state parliament -18 years is quite acceptable and Icertainly think that, whether it needs tobe written into the constitution or not,Australian citizenship should be a pre-requisite.







2-83


L POWIERZA OFFICE OF EQUAL OPPORTUNITY DARWIN 10/08/1988


Number of parliamentarians should be setout in the constitution.

Six months residency clause for voting issupported.





Four year option for terms of office. Electoral tolerance to be 20%.


Generally accords with SCCD position. SCCD makes no recommendation.


2-84


K FLETCHER 2 30/05/1986


Legislative power should be the same asapplies to other states. Provision shouldbe made for an Upper House once theNT population exceeds 350,000 people.







2-85


K FLETCHER 2A 26/04/1989


The definition of the of the Parliamentto include the Monarch or his or herrepresentative should include the wordsthe Queen's Representative.

Provision should be made in theconstitution so that a second chambercan be added at a later date when the NTpopulation increases and the peopledesire it.

A prisoner serving more than 6 monthsshould not have the right to vote while inprison.


Generally accords with SCCD position. Does not accord with SCCDrecommendation.



Support 10% tolerance betweenelectorates.

Change to read three months onconstitutional requirement that not morethan six months pass between successivesittings of the new state parliament.


SCCD makes no recommendation. Does not accord with SCCDrecommendation.


2-86


W WHILEY Groote Eylandt Women's AdvisoryCouncil

3 20/12/1987


The existing Legislative Assembly shouldcontinue after the grant of statehood asthe Parliament of the new state as wasdone with self-Governing Colonies atFederation.

The governor is only a figurehead,his/her role being limited to assenting orwithholding assent of legislation on theadvice of the Premier. New state to betreated as existing states. There shouldbe no provision for disallowance oflegislation by the Commonwealthparliament or any other body.

The parliament should be defined asbeing the elected chamber only. TheNT must have a uni-cameral parliamentas the population and revenue do notallow the extra expense of a bicameralsystem.

Requirement for election to the LA ofthe new State should qualify byconditions of the NT (Self-Government)Act with the single residentialrequirement of 6 months in the newState. A Member should only bedisqualified if he/she fails to attend thenew state parliament for 7 consecutivedays without permission. Provisions ofqualification & disqualification ofmembers needs to be in the newconstitution.


SCCD makes no recommendation. Generally accords with SCCD position. Accords with SCCD recommendation. SCCD makes no recommendation.


Support a partially fixed-term parliamentof 4 years. This could stabilise thegovernment and development of the newState.

When convicted a prisoner looses someof his/her rights, one of these beingnomination to the Legislative Assembly,although retaining the right to vote underthe NT Electoral Act, Section 27.

A person in local government should notbe excluded from nomination for electionas this is a completely separate system toTerritory Government.

In the new state parliament this should beone man one vote with the Speakerholding a deliberative and a casting voteas in the NT (Self- Government) Act.


Accords with SCCD recommendation. Generally accords with SCCD position. SCCD makes no recommendation. Accords with SCCD recommendation.



2-87

NAME ORGANISATION PLACE SUB NO. DATEJ THOMSON 4 02/03/1988

TRANSITIONAL PROVISIONS CONSTITUTION OF PARLIAMENT NUMBER OF CHAMBERS NUMBER OF MEMBERS QUALIFICATIONS OF OFFICEFavours inclusion of all provisions onqualifications and disqualifications in thenew state constitution.

Monarch or his/her representative notpart of legislature. The new state shouldbe treated the same as existing Statesregarding reservation and disallowance.Monarch's representative is not part ofparliament. Only a formal Head of State.

Unicameral Parliament. One parliamentsystem. A potential second house willfrustrate the intentions of thegovernment.

Not excluded from nomination.Automatic termination of other officeson election. Full time job. Automaticvacation of seat if jailed. Disqualificationif 3 consecutive sitting days unattended.All provisions for qualification &disqualification in constitution.Automatic termination or resignation onbecoming a parliamentary representative.MP should automatically lose his or herseat if jailed as a result of criminalproceedings. Failure to attend 3consecutive days without permission ofParl should result in disqualification.

COMMENTS COMMENTS COMMENTS COMMENTS COMMENTSAccords with SCCD recommendation. Accords with SCCD recommendation. Accords with SCCD recommendation. Does not accord with SCCD

recommendation.

TERM OF OFFICE ELECTORAL PROVISIONS QUALIFICATIONS OF VOTERS OTHER ELECTORAL MATTERS OTHER LEGISLATIVE MATTERS4 year term. 4 month maximum periodbetween sittings. Partially fixed termoption favoured. Favours the retentionof the existing term of office - fouryears. Maximum period between sittingsshould be 4 months and favour thepartially fixed option as recommendedon p.28.

Electoral provision not in constitutionexcept 1 person 1 vote. Fixed 10% maxtolerance. Secret ballots automaticredistribution. Single member electorateswith Aboriginals participating in sameway as others. One person, one vote.Secret ballots, redistribution of seats incase it exceeds maximum tolerance to becontained in the new constitution. Agreewith proposal for single memberelectorates with Aboriginal Territoriansparticipating in the same way as otherTerritorians. Consider proportionalrepresentation along party lines.

New Parliament treated same as otherStates. Only formal assent open toGovernor upon advice of Ministers. Ifproblems Governor may refer bills backto Parliament. Supports recommendationagainst reservation or disallowance.

COMMENTS COMMENTS COMMENTS COMMENTS COMMENTSDoes not accord with SCCDrecommendation.



2-88


ALICE SPRINGS TOWN COUNCIL 6 27/08/1988




Some form of entrenchment ofConstitution favoured.





2-89


WOMEN'S ADVISORY COUNCIL 7 02/02/1988


Unicameral parliament. One House onlysupported.

Different treatment for nomination andvoting of prisoners. All provisions forqualification and disqualification ofmembers in new constitution. Endorsesthe qualification for voting andnomination in the case of prisoners.Endorse the inclusion of all provisions onqualification and disqualification ofmembers in the new constitution.




Not more than 6 months betweensittings. Supports that the newconstitution requires not more than sixmonths pass between successive sittingsof the new state parliament.

Should provide for by-elections within 6months of casual vacancy. Election orby-election should be held within 6months of any casual vacancy.

New State should be given legislativepower over protection of principle ofequality and non-discrimination.


Accords with SCCD recommendation. Accords with SCCD recommendation. SCCD makes no recommendation.


2-90


NT LOCAL GOVERNMENTASSOCIATION

9 10/02/1988


Unicameral parliament Members of Local Government shouldnot be required to resign.




4 year term





2-91


L POWIERZA OFFICE OF EQUAL OPPORTUNITY 14 14/07/1988


Number of parliamentarians or anappropriate ratio should be set out in theconstitution.

Endorse Select Committee's view on sixmonth's residency clause.





Four year term of office supported. Aboriginal people should be given fullaccess and participation in the new state.Also Aboriginal people must be givenequitable representation in parliament.Electoral tolerance of 20% should bepermitted.




2-92


P MCNAB 19 09/08/1988


The new state constitution shouldestablish a unicameral legislature with fullplenary power (subject to theconstitution).




(a) Direct democratic election fromuniform constituencies. (b) Electoralsystem should be entrenched and besubject to judicial review against aconstitutional standard: (1) operate byway of secret ballot (2) be democratic(i.e. genuinely representative) in nature;and (3) otherwise be fair and free. Thatthe right to vote and 'one, one value'should be given constitutional protection.





2-93


DARWIN CITY COUNCIL 22A 06/10/1989




The Council supports the abolition of thepower of the Commonwealth to reserveand disallow NT legislation. Councilsshould be given more powers; specificallyin relation to fees and charges.




2-94


J THOMSON 26 24/05/1989


The sooner all Australians are treatedequally and none have special rights thebetter. Our social guilt feelings about thepast treatment of Aboriginals should notbe assuaged by providing privileges notenjoyed by other minorities such asChinese, gays or Muslims.

There should only be one house ofparliament made up of elected memberswho are resident in the NorthernTerritory.




The new parliament of the state shouldhave a term of office for 4 years.Believes a minimum of three years shouldbe mandatory, except if the LegislativeAssembly passes a vote of no confidencein the government.

Should be 21 or more, should not bebankrupt, in gaol or held in an institutionfor mentally disturbed people.Personally I believe that 21 should be theminimum age, but I recognise the oldargument that if you are old enough tofight for your country at age 18 youshould be entitled to vote at that age.

Prefer one member per electorate,although no great objection to a systemlike Tasmania. The latter does givemore opportunity for minor parties andindependents to represent their adherentsin parliament. Yes. The newconstitution should say something aboutvoting at elections by secret ballot.


Accords with SCCD recommendation. Does not accord with SCCDrecommendation.




2-95


TENNANT CREEK TOWN COUNCIL 33 17/04/1989


The new Parliament should have thesame powers as other Australian States.

A single house Parliament would beappropriate.

(a) Persons standing for election shouldbe free of proven criminal charges, be anAustralian citizen. (b) Voting should beboth compulsory and secret.


Generally accords with SCCD position. Accords with SCCD recommendation. Does not accord with SCCDrecommendation.


Four year seems desirable. (a) Electoral representation andboundaries should be on a point basis - i.e.communications distance populationspread, industry mix. (b) fluent inEnglish.


Accords with SCCD recommendation. SCCD makes no recommendation.


2-96


T WORTHINGTON-AYRE 34A 19/07/1989


New State Square buildings should fromthe start accommodate a two Housegovernment.







2-97


R G KIMBER 35 20/04/1989

TRANSITIONAL PROVISIONS CONSTITUTION OF PARLIAMENT NU

Documents

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY€¦ · R ELLIS NT Trades and Labour Council DARWIN 11/08/1988 TERMS OF REFERENCE NEED FOR A CONSTITUTION CONSTITUTION MAKING ENTRENCHMENT