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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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7 Clause 18. Part 6, Division 2 repealed Clause 18 of this Bill repeals Part 6, Division 2 of the Anti-Discrimination Act which provides for investigations. Investigations are replaced with a new process of evaluation as provided for in clause 25. The change in process is intended to assist in allowing for complaints to be processed quicker, at a reduced cost; and with less formality for parties. Clause 19. Sections 78 and 79 replaced Section 78 of the Anti-Discrimination Act provides for conciliation of a complaint. Clause 19 of this Bill replaces section 78 to provide that the Commissioner may conciliate a complaint at any time. New section 78 is intended to allow for greater flexibility in managing complaints and promote resolution by conciliation. Section 79 of the Anti-Discrimination Act provides for conciliation proceedings. Clause 19 of this Bill repeals and replaces section 79. New section 79(1) provides that The Commissioner may direct a person to take part in conciliation. Section 79(4) makes it an offence to fail to comply with a direction by the Commissioner to take part in conciliation proceedings. The Bill replaces the wording of section 79(4) to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code. Strict liability is applied to the failure to comply with the direction in new subsection (5) and a defence of reasonable excuse applies through new subsection (6). 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 100 penalty units, to encourage parties to comply with the direction. Clause 20. Section 80 amended Clause 20 amends the heading to section 80 to remove the superfluous reference to proceedings. Clause 21. Section 81 amended Section 81 of the Anti-Discrimination Act provides for what happens at the conclusion of conciliation proceedings.