Nettheim, Garth --- "Evidence Amendment Act 1982 (NT)" [1982] AboriginalLawB 26; (1982) 1(4) Aboriginal Law Bulletin 7

• Evidence Amendment Act 1982 (Nt)

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Evidence Amendment Act 1982 (NT)

Garth Nettheim

The Bill (see (1982) 3 Aboriginal Law Bulletin 2) was enacted on 16 March, despite representations from the International Commission of Jurists (Australian Section), the Australian Council of Churches and others.

The effect of the Act (modelled on the NSW Evidence (Amendment) Act 1979) is to authorise the Attorney-General to issue a certificate that disclosure of a document or record in legal proceedings is not in the public interest because it would involve disclosure of communications, etc at various high levels of government. The consequence of such a certificate is that the document or record shall not be disclosed in those legal proceedings. Such a certificate shall be conclusive on the court. The Act also applies to oral evidence.

It was widely speculated that the purpose of the Act was to block inquiry into the motives of the NT administration in expanding the size of the town of Darwin so as to thwart the Kenbi Land Claim. The High Court had ruled that such inquiry could be made. R v Toohey, ex parte Northern Land Council [1981] HCA 74; (1982) 56 ALJR 164 (and (1982) 3 AboriginalLB 11).

But there is a real question whether the Act would be effective for that purpose. For one thing, the power of the Aboriginal Land Commissioner to require persons to give information is specifically conferred by s.54 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth.) which, as a Commonwealth Act may prevail over the NT Act.

In any event the Commissioner, on 2 April, order the NT Government and the Administrator to hand over to the NLC a list of all documents concerned with the zoning of the Cox Peninsula within the Darwin town boundaries.

(Canberra Times, 3 April 1982).