Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)
Tabled paper 1282
Tabled papers for 12th Assembly 2012 - 2016; Tabled papers; ParliamentNT
Tabled by Johan Elferink
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.
12 new section 101(4) and a defence of reasonable excuse applies through new section 101(5). The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 200 penalty units, to encourage compliance with the order. Sections 102 to 104 repealed Sections 102 to 104 of the Anti-Discrimination Act relate to discontinuing a complaint at hearing, a requirement to provide written reasons for orders under section 88 (orders following hearing) followed by enforcement of orders. Clause 33 repeals sections 102 to 104 and reflects the transfer of jurisdiction for hearings from the Commissioner to the Tribunal and relevant provisions are found in the Northern Territory Civil and Administrative Tribunal Act that will apply to hearings of anti-discrimination complaints by the Tribunal. Section 105 amended Clause 33. Clause 34. Section 105(4) of the Anti-Discrimination Act relates to considerations the decision maker must take into account in determining the amount of compensation payable by an employer where a breach of the Anti-Discrimination Act is substantiated. Clause 34 omits the reference to the Commissioner and replaces it with a reference to the Tribunal to reflect the transfer of jurisdiction for hearings from the Commissioner to the Tribunal. Section 106 repealed Section 106 of the Anti-Discrimination Act provides for appeals against decisions of the Commissioner. Clause 35. Clause 35 repeals and inserts new section 106. New section 106 essentially omits all references to Commissioner and replaces them with Tribunal to reflect the transfer of jurisdiction for hearings from the Commissioner to the Tribunal. Clause 35 also replaces references to the Local Court with "Supreme Court.
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