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Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc



Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc

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Tabled Paper 271


Tabled Papers for 6th Assembly 1990 - 1994; Tabled Papers; ParliamentNT




Tabled by Eric Poole


Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.




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It is well to keep in mind the danger that, by becoming involved in the substantive merits of such proceedings as these or any part of them, the Commission may show bias in m favour of some parties and against others such that any subsequent adjudication between the parties by the Commission may be tainted. The High Court said in The Queen v Australian Broadcasting Tribunal. Ex parte Hardiman (1980) 144 CLR 13 at pp35-36: "In cases of this kind the usual course is for a tribunal to submit to such order as the court may make. The course which was adopted by the Tribunal in this Court is not one which we would wish to encourage. If a tribunal becomes a protagonist in this court there is the .risk that by so doing it endangers the impartiality which it is expected to maintain in subsequent proceedings which take place if and when relief is granted. The presentation of a case in this court by a tribunal should be regarded as exceptional and, where it occurs should, in general, be limited to submissions going to the powers and procedures of the Tribunal." I allow the appeal. I am inclined to order costs against Peter Arnold Severin, Erldunda Motel Pty Ltd and the Commission but, before doing so, I will hear what counsel may v'ish to say.

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