Territory Stories

Debates Day 1 - Tuesday 23 May 1995



Debates Day 1 - Tuesday 23 May 1995

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Parliamentary Record 11


Debates for 7th Assembly 1994 - 1997; ParliamentNT; Parliamentary Record; 7th Assembly 1994 - 1997




Made available by the Legislative Assembly of the Northern Territory





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Legislative Assembly of the Northern Territory

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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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DEBATES - Tuesday 23 May 1995 Mr Speaker, I am corrected. My advisers tell me that the Ombudsman is able to pursue the TIO at present. Mr Bell: Pursue is hardly the word. Mr PERRON: Scrutinise and investigate. However, we do not believe that he should be able to go into commercial decisions in particular. As for insurance claim decisions, as distinct from processes, I will hold my judgment on that rather than make a firm statement. That decision will have to be made when we frame a regulation. The member for MacDonnell says the DPP should not be immune from criticism of his decisions. We are saying that he is not immune. We agree that he should not be. This legislation ... Mr Bell: Hang on! That is an argument in my favour, and against the bill. Mr PERRON: We are saying that he is subject to criticism and scrutiny by the courts, by the Attorney-General and by the parliament. Mr Bell: But not by the Ombudsman? Mr PERRON: No, only for procedures, not for his judicial decisions. Mr Bell: He does not make judicial decisions. Mr PERRON: Okay, I chose the wrong words - not from those decisions that are listed in proposed section 3(l)(eb): (i) the instituting and conducting of, or participation in or assistance with matters relating to. judicial proceedings, including such proceedings outside the Territory; (ii) the granting o f immunity from prosecution; (iii) an extradition; (iv) the recovery o f penalties or the enforcement o f forfeitures;. And so on - all of that proposed paragraph (eb). Mr Ede: And the requiring of information. Mr PERRON: Yes, clause 3(1 )(eb). Mr Bell: Which section of the Director o f Public Prosecutions Act are you talking about? 3591