Northern Territory Explanatory Statements

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JUSTICE AND OTHER LEGISLATION AMENDMENT (RECORDS OF DEPOSITIONS AND OTHER MATTERS) BILL 2016

The purpose of this Bill is to repeal the Records of Depositions Act and make amendments to the Local Court Act, Work Health Administration Act, Youth Justice Act and Coroners Act in relation to the administration of court records.

The Records of Depositions Act deals with the recording of evidence in proceedings in certain courts. The majority of its provisions will cease to be of practical relevance when the Local Court Act 2015 commences on 1 May 2016.

The Bill repeals the Records of Depositions Act and makes provision for the re-enactment in Local Court Act, Work Health Administration Act, Youth Justice Act and Coroners Act of those sections of the Records of Depositions Act that remain relevant for the administration of court records. These are records necessary to be transmitted from the lower courts to the Supreme Court.

NOTES ON CLAUSES

Part 1 Preliminary matters

Clause 1. Short title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Justice and Other Legislation (Records of Depositions and Other Matters) Act 2016.

Clause 2. Commencement

This is a formal clause which provides when the Act will commence. The Act will commence on a day fixed by the Administrator by Gazette notice.

Part 2 Amendment of Coroners Act

Clause 3. Act amended

This Part amends the Coroners Act, which regulates the Coroners jurisdiction and who is subject to the Records of Depositions Act.

Clause 4. Section 11A inserted

This clause inserts a new section 11A into the Coroners Act to allow for the application of Part 4, Division 2 of the Local Court Act in the Coroner’s jurisdiction.

The Records of Depositions Act applies to the Coroner’s jurisdiction, which is not covered by the administrative provisions of the Local Court Act. Accordingly, the Bill provides that Part 4, Division 2 of the Local Court Act, which deals with court records and exhibits, will apply to the Coroner.

Part 3 Amendment of Local Court Act

Clause 5. Act amended

This Part amends the Local Court Act.

Clause 6. Section 33A inserted

This clause amends the Local Court Act to require the principal registrar to arrange for transcription where a person lodges an appeal to the Supreme Court, is committed for trial or sentence for an indictable offence, or where the Court reserves a question of law for the consideration of the Supreme Court.

The Local Court Act does not currently provide for mandatory transcription in specified cases, as is provided under sections 12, 14 and 15 of the Records of Depositions Act. These provisions are not covered by any other legislation. It is important for the administration of justice that these rights be expressly preserved in the Local Court Act.

Part 4 Amendment of Work Health Administration Act

Clause 7. Act amended

This Part amends the Work Health Administration Act.

Clause 8. Section 30A inserted

This clause inserts a new section 30A into the Work Health Administration Act to allow for the application of Part 4, Division 2 of the Local Court Act.

The Records of Depositions Act applies to the Work Health Court, which is not covered by the administrative provisions of the Local Court Act. Accordingly, the Bill provides that Part 4, Division 2 of the Local Court Act, which deals with court records and exhibits, will apply to the Work Health Court.

Part 5 Amendment of the Youth Justice Act

Clause 9. Act amended

This Part amends the Youth Justice Act.

Clause 10. Section 53 amended

This clause amends section 53(i)(b) of the Youth Justice Act to allow for the application of Part 4, Division 2 of the Local Court Act.

The Records of Depositions Act applies to the Youth Justice Court, which is not covered by the administrative provisions of the Local Court Act. Accordingly, the Bill provides that Part 4, Division 2 of the Local Court Act, which deals with court records and exhibits, will apply to the Youth Justice Court.

Part 6 Repeals

Clause 11. Repeals

This clause repeals the Records of Depositions Ordinance 1970 and Records of Depositions Amendment Act 1983. These Acts will no longer be necessary as the administration of court records in the Local Court, Youth Justice Court and Work Health Court and for the Coroner will be determined by Part 4, Division 2 of the Local Court Act.

Sections 1 and 2 of the Records of Depositions Act are formal clauses describing the short title and commencement. Section 3 contains definitions and section 4 describes the application of the Act. These sections will no longer be necessary and can be repealed.

Sections 5, 6, 8, 9, 10, 13, 17 and 20 are substantive clauses, which will be covered by Part 4, Division 2 of the Local Court Act.

Sections 7, 18 and 19 of the Records of Depositions Act are no longer applicable in light of current technology.

Sections 11 and 16 of the Records of Depositions Act deal with the evidentiary status and certification elements of court records, which are covered by sections 178(5) and 157 Evidence (National Uniform Legislation) Act.

Sections 12, 14 and 15 are unaccounted for by either the Local Court Act or the Evidence (National Uniform Legislation) Act, and accordingly form part of consequential amendments to the Local Court Act by Part 3 of this Bill.

Part 7 Expiry

Clause 12. Expiry of Act

This is a standard clause which provides that the Justice and Other Legislation (Records of Depositions and Other Matters) Act 2016 expires the day after it commences. As this is an amending Act, there is no need to retain the Act on the statute book, once all the amendments to other Acts have taken effect.

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