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Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)



Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)

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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.




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13 Section 106(1) also provides that an appeal to the Supreme Court against a decision or order of the Tribunal can be made either by a party to the complaint, or the Commissioner. Section 106 will operate in lieu of the appeal rights contained in the Northern Territory Civil and Administrative Tribunal and allow for an appeal on a question of law or fact or law and fact. Clause 36. Section 107 amended Section 107 of the Anti-Discrimination Act provides for the powers of the Local Court on hearing an appeal made under section 106. Clause 36 amends section 107 by omitting from the heading, Local Court and replacing it with Supreme Court. Section 107 is further amended by omitting all references to Local Court and replacing them with Supreme Court Clause 37 further amends section 107(b) and 107(c) by omitting Commissioner and replacing it with Tribunal. This reflects the transfer of jurisdiction for hearings of anti-discrimination complaints to the Tribunal. Clause 37. Sections 108 to 111 replaced Section 108 of the Anti-Discrimination Act provides that it is an offence to disclose confidential information obtained in performing functions relating to administration of the Act. Clause 37 repeals and replaces section 108 so that the wording of the offence complies with the criminal responsibility requirements of Part IIAA of the Criminal Code. Strict liability is applied to the offence in section 108(2) for the obtaining of information. Section 108(3) disapplies section 108(1) if the information is disclosed for the purposes of the Anti-Discrimination Act, with consent of the person to whom the information relates; for legal proceedings arising from the Act, if the information is otherwise publically available or if justified or excused by law. 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 or imprisonment for 2 years, to encourage compliance.