Territory Stories

Debates Day 2 - Wednesday 1 May 1991



Debates Day 2 - Wednesday 1 May 1991

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Parliamentary Record 3


Debates for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994




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 - Wednesday 1 May 1991 Act. It will affect many departments, notably the Department of Lands and Housing and the information it provides about land use around the Territory. I imagine that it would also affect the Department of Health and Community Services. There are reasons why the Assembly ought to give consideration to that broader issue. As the Attorney-General noted, there is a real danger of nobody being prepared to do anything for fear of being held liable for a negligent act or the negligent provision of information. The clause provides that the Registrar-General may keep a record of administrative interests and Information in relation to land. The opposition has misgivings about proposed subsection (6). I would like details on what is intended by the very general expression 'provide access in a way to limit the liability of' certain parties. I am keen to find out exactly what is envisaged. As I noted in my second-reading speech, the bill is an innovative approach to the provision of an electronic title. We are keen to know what is envisaged by that proposed subsection. Mr MANZIE: Mr Chairman, the proposed section states that 'the Registrar-General may keep a record of administrative interest and information, as the Registrar-General thinks fit, in relation to the land'. It goes on: 'For the purposes of subsection (1), "administrative interests and information" means particulars and information in relation to land - (a) required under an act in force in the Territory ...'. Thus legal information is required to be kept. It continues: '(b) such matters as the minister determines or as are prescribed. The record of administrative interests and information referred to in subsection (1) is not part of the register'. Thus, it allows for the provision of more information than is required in a legislative sense. Obviously, the aim is to provide access for people to a more extensive range of information. However, we want to ensure that the provision of such information does not cause problems for either the government or the people involved in providing it in good faith. Substantive information may be provided to enable the solicitor or the purchaser or whatever to follow up through thp appropriate channels. Thus, it will enable available information to be provided from different sources, whether it is required by legislation or is information which may be of benefit to the prospective buyer, seller or whatever. It will enable that information to be given in good faith, but without holding people liable for it. If we deleted the provision that limits liability, there would be an understandable reluctance to provide information beyond what is required by legislative provisions at the moment. The ability to assist people rapidly by the use of modern equipment would not be as effective as it could be. If something arises in the future that indicates that this is detrimental to the community, I would certainly have no problem about having another look at it. However, at this stage, I believe this is the most effective way to provide this type of information quickly and effectively. Amendment negatived. Clause 20: Mr BELL (by leave): Mr Chairman, I move that clause 20 be amended by omitting '10 years' from subclause (b) and inserting '3 years'. The monetary penalty has been increased from $1000 to $40 000. It remained 500 or $1000 over the last 110 years. Appropriately, it is now being increased to the maximum applicable in the Court of Summary Jurisdiction. However, you should not increase the jail penalty from 874

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