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.
18 Clause 51 also inserts a new definition of monetary order. This definition covers all types of orders involving money including orders for compensation and costs orders. Section 63 amendedClause 52. Clause 52 of this Bill omits and replaces section 63(6) to clarify that the Tribunal can make monetary orders as to costs or compensation as a result of an undertaking made under section 63. Such orders would then be enforced under new section 84. Section 84 replaced Clause 53 of this Bill repeals section 84 of the Northern Territory Civil and Administrative Tribunal Act and replaces it with new enforcement provisions. Proposed new section 84 provides for the enforcement of monetary orders of the Tribunal. Proposed new section 84 provides that such orders are registrable and enforceable as an order of the relevant court of competent jurisdiction. Currently the jurisdiction of the Local Court is $100,000. Proposed new section 84 also sets out the documentation requirements and clarifies that registration or filing of Tribunal orders for enforcement does not attract a fee. Clause 53. Proposed new section 84A provides for the enforcement of non-monetary orders of the Tribunal. Proposed new section 84A provides that such orders are registrable and enforceable as an order of the Local Court. However, section 5 of the Northern Territory Civil and Administrative Tribunal Act allows for the Act conferring jurisdiction (the relevant Act) to modify the operation of the Northern Territory Civil and Administrative Tribunal Act. This means that there may be circumstances where the subject matter of Tribunal proceedings may be considered so complex or involve assets of such significant value that the relevant act may determine such orders would be more appropriately enforced in the Supreme Court. New section 84A also sets out the documentation requirements and clarifies that registration or filing of Tribunal orders for enforcement does not attract a fee. Proposed new section 84A(5) expressly provides that section 23(2) of the Local Court Act does not apply to a Tribunal order filed in the Local Court. This means that the Local Court is not able to amend, rescind or otherwise interfere with the integrity of Tribunal orders. Proposed new section 84B essentially replaces the existing offence provision at section 84(2)-(4) of the Northern Territory Civil and
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