Territory Stories

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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3 Proceeding is defined to include both the conciliation and any evaluation of a complaint. Tribunal is defined as the Civil and Administrative Tribunal (as the Northern Territory Civil and Administrative Tribunal is known). Clause 5. Section 5A inserted Clause 5 inserts section 5A into the Anti-Discrimination Act, which applies Part IIAA of the Criminal Code, relating to the general principles of criminal responsibility, general defences and the burden of proof. Part IIAA also defines, or elaborates on, certain concepts commonly used in the creation of offences. Clause 6. Section 13 amended Clause 6 of the Bill amends section 13 of the Anti-Discrimination Act, which prescribes the functions of the Anti-Discrimination Commissioner. The Bill omits and replaces section 13(1)(a) to insert a new function to assess complaints, conduct conciliations in relation to complaints and evaluate and refer complaints for hearing by the Tribunal. This amendment allows for the changes to the complaints process in relation to the functions of the Commissioner. Clause 7. Section 15 replaced Clause 7 of the Bill repeals and replaces section 15 of the Anti-Discrimination Act, which provides for delegation by the Commissioner of powers and functions of the Commissioner under the Act. Clause 8. Section 18 amended Clause 8 of the Bill amends section 18 of the Anti-Discrimination Act, to simplify the wording, particularly the reference to the Anti-Discrimination Commissioner, appointment of members of the Legislative Assembly as the Anti-Discrimination Commissioner. Section 18 prohibits the

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