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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22 Part 7 Amendment of Northern Territory Civil and Administrative Tribunal Regulations Clause 62. Regulations amended This clause provides for amendment to the Northern Territory Civil and Administrative Tribunal Regulations. Regulation 6 inserted The clause inserts new regulation 6 to exempt decisions of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law for the purposes of proposed new section 140(1 A). This means that decisions made under these provisions are not subject to the review right under section 140 of the Northern Territory Civil and Administrative Tribunal Act. The rationale for extending the exemption to such original decisions is that, under the Health Practitioners Act (which constitutes the Tribunal for the purposes of the National Law), the Tribunal must be constituted by 3 members including a legal member. Such decisions are more appropriately reviewed by the Supreme Court, rather than being reconsidered by the Tribunal. Amendment of Residential Tenancies Act Clause 63. Part 8 Clause 64. Act amended This clause provides that Part 8 amends the Residential Tenancies Act. Clause 65. Section 122 amended Clause 65 of this Bill amends section 122 of the Residential Tenancies Act by omitting, from section 122(1) and 122(3), the word Commissioner and replacing that word with Tribunal, which confers review jurisdiction upon the Northern Territory Civil and Administrative Tribunal to hear complaints made under the Residential Tenancies Act. Clause 66. Section 170 amended Clause 66 amends section 170 by omitting from section 170(1)(a) the words (other than an application to the Commissioner under section 141 or 145). Part 9 Expiry

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