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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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8 Clause 21 amends section 81 to provide that the Commissioner must notify parties that the complaint has ceased (new section 81(1 )(c)) and to provide that, if a complaint is not resolved by conciliation, the complainant may request evaluation of the complaint for hearing by the Tribunal (new section 81(3)). New section 81(6) provides that if the complainant does not request the complaint be evaluated then the complaint lapses and no further complaint may be made in relation to the same conduct. Section 82 amendedClause 22. Section 82 of the Anti-Discrimination Act provides that conciliation proceedings are not admissible in subsequent proceedings (ie hearings) under the Anti-Discrimination Act in relation to the complaint. However, it should be noted that the definition of hearing is being extended to cover conciliations and evaluations. Clause 22 amends section 82 to clarify that the protection extends to proceedings under other Acts in relation to the complaint. Section 82 is therefore amended by omission of the phrase subsequent proceedings under this Act and insertion of the phrase any other proceedings under this Act or any other Act. Clause 23. Part 6, Division 4 heading amended Part 6, Division 4 of the Anti-Discrimination Act provides for hearings. Clause 23 repeals the heading Hearings and replaces it with Evaluations. This amendment, and subsequent repeal and replacement of sections 83 to 87 in clause 25, reflect the changes to the complaints process and transfer of hearing jurisdiction to the Tribunal. Clause 24. Sections 83 to 87 replaced Sections 83 to 87 of the Anti-Discrimination Act provide for hearings by the Commissioner. Clause 24 makes changes to the complaints process through establishing an evaluation process, transferring the jurisdiction for hearings to the Tribunal through insertion of a new Division 4A, replacement of sections 86 to 87 and insertion of new section 87A. Clause 24 repeals sections 83 to 85 and replaces those sections with provisions relating to evaluation.