Northern Territory Explanatory Statements

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NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL (CONFERRAL OF JURISDICTION AMENDMENTS) BILL 2014

The Northern Territory Civil and Administrative Tribunal Bill 2014 seeks to establish in the Northern Territory a new tribunal, with jurisdiction to hear and determine a broad range of matters.

The Bill creates the Northern Territory Civil and Administrative Tribunal, it contains the membership provisions and sets out the Tribunal’s generic functions and powers. This Bill does not however, confer any jurisdiction on the Tribunal. Conferral of jurisdiction will be the subject of a series of separate Bills.

The Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Bill 2014 is the first of these conferral of jurisdiction Bills and relates to legislation within the portfolio of the Department of the Attorney-General and Justice.

This Bill consequentially amends legislation to transfer jurisdiction from the Courts to the Tribunal where the Courts have original or review jurisdiction under Births, Deaths and Marriages Registration Act, the Fences Act and the Victims of Crime Act.

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 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014.

Clause 2. Commencement

This is a formal clause which provides that the Act will commence on the day the Northern Territory Civil and Administrative Tribunal Act commences.

Part 2 Amendment of Births, Deaths and Marriages Registration Act

Clause 3. Act amended

This part of the Bill will amend the Births, Deaths and Marriages Registration Act.

Clause 4. Section 20 amended

This clause amends section 20(3)(c) by transferring jurisdiction for a review of a decision of the Registrar of Births, Deaths and Marriages to assign a name of a child on a birth registration statement from the Supreme Court to the Tribunal.

Clause 5. Section 48 replaced

This clause repeals section 48 of the Births, Deaths and Marriages Registration Act, which provides that a person aggrieved by a decision of the Registrar of Births, Deaths and Marriages may apply to the Local Court for review. The repealed section 48 is replaced with a new section 48, which provides that a person aggrieved by a decision of the Registrar of Births, Deaths and Marriages may apply to the Northern Territory Civil and Administrative Tribunal for review

Clause 6. Part 10 and Part 10, Division 1 headings inserted

This clause inserts headings for Part 10 (Transitional matters) and Part 10, Division 1 (Births, Deaths and Marriages Registration Act).

Clause 7. Part 10, Division 2 inserted

This clause inserts transitional provisions for review of decisions by the Registrar of Births, Deaths and Marriages, so that the previous system of review by the Local Court applies to decisions made by the Registrar of Births, Deaths and Marriages prior to the commencement date. Any decision made by the Registrar of Births, Deaths and Marriages after the commencement date (even if the application for the decision was made before commencement) will be subject to the new system of review by the Northern Territory Civil and Administrative Tribunal.

Part 3 Amendment of Fences Act

Clause 8. Act amended

This part of the Bill will amend the Fences Act.

Clause 9. Section 5 amended

This clause removes the definition of court, being the Local Court and inserts a new definition of Tribunal (being the Civil and Administrative Tribunal).

Clause 10. Sections 17 and 18 repealed

This clause repeals sections 17 and 18, dealing with the jurisdiction of the Local Court and the court’s power to vary or cancel some orders made under the Fences Act.

Clause 11. Sections 19 repealed

This clause repeals section 19 which deals with the recovery of money in the court payable under an order of a court as these provisions are contained in the Northern Territory Civil and Administrative Tribunal Act.

Clause 12. Section 25 inserted

This clause inserts transitional provisions for applications to the Local Court under the Fences Act. Where an application has been made to the Local Court prior to the commencement date, and the court has not decided the application as at commencement, then the court may decide the application under the former legislation.

Clause 13. Act further amended

This clause provides that Schedule 1 of the Bill has effect. Schedule 1 replaces references to court (being the Local Court) with references to Tribunal (being the Northern Territory Civil and Administrative Tribunal) in sections 6, 8 to 10 and 13 to 15 of the Act.

Part 4 Amendment of Interpretation Act

Clause 14. Act amended

This part of the Bill will amend the Interpretation Act.

Clause 15. Section 17 amended

This clause means that the term Civil and Administrative Tribunal in any Act passed by the Legislative Assembly must be interpreted to mean the Northern Territory Civil and Administrative Tribunal established under the Northern Territory Civil and Administrative Tribunal Act.

Part 5 Amendment of Victims of Crime Assistance Act

Clause 16. Act amended

This part of the Bill will amend the Victims of Crime Assistance Act.

Clause 17. Section 4 amended

This clause omits the definition of appeal and insets a new definition of Tribunal to mean the Civil and Administrative Tribunal.

Clause 18. Section 31 amended

This section omits section 31(4) dealing with the Director’s refusal to accept a late application as this matter is already covered in the Northern Territory Civil and Administrative Tribunal Act.

Clause 19. Section 44 amended

This is a procedural clause that omits sections 44(2)(f) and 44(4)(c) dealing with the requirement to advise an applicant of their right to appeal against a decision and inserts wording consistent with terminology used in the Northern Territory Civil and Administrative Tribunal Act (ie the right to have a decision reviewed) and states that this review is by the Tribunal.

Clause 20. Section 46 amended

This is a procedural clause that omits section 46(7)(c) dealing with the requirement to advise an applicant of their right to appeal against a decision and inserts wording consistent with terminology used in the Northern Territory Civil and Administrative Tribunal Act (ie the right to have a decision reviewed) and states that this review is by the Tribunal.

Clause 21. Section 47 amended

This is a procedural clause that omits section 47(2)(d) dealing with the requirement to advise an applicant of their right to appeal against a decision and inserts wording consistent with terminology used in the Northern Territory Civil and Administrative Tribunal Act (ie the right to have a decision reviewed) and states that this review is by the Tribunal.

Clause 22. Part 4, Division 6, heading amended

Omits the word Appeals and inserts the word Review.

Clause 23. Section 48 amended

This clause replaces wording in the title of the section and subsequently throughout the section so that appealed becomes reviewed and other wording is made consistent with terminology used in the Northern Territory Civil and Administrative Tribunal Act. In addition the clause inserts provisions that appeals are now to the new Northern Territory Civil and Administrative Tribunal. The clause also repeals section 48(4) which provides for appeals to the Local Court.

Clause 24. Section 49 to 53 repealed

This clause repeals the sections within the Act that deal with appeals to the Local Court of decisions of the Director of the Crime Victims Services Unit or an Assessor appointed under the Act as well as the procedural sections related to appeals.

Clause 25. Section 55 amended

This clause replaces wording in the title of the section and subsequently throughout the section so that Appeals becomes Review and other wording in the section is made consistent with the terminology used in the Northern Territory Civil and Administrative Tribunal Act.

Clause 26. Section 64 amended

This clause replaces wording in the section so that it is made consistent with the terminology used in the Northern Territory Civil and Administrative Tribunal Act.

Clause 27. Part 9, Division 3 inserted

This clause inserts transitional provisions for review of decisions by the Director of the Crime Victims Services Unit or an Assessor appointed under the Act, so that the previous system of review by the Local Court applies to decisions made by the Director of the Crime Victims Services Unit or an Assessor prior to the commencement date. Any decision made by the Director of the Crime Victims Services Unit or an Assessor after the commencement date (even if the application for the decision was made before commencement) will be subject to the new system of review by the Northern Territory Civil and Administrative Tribunal.

Part 6 Amendment of Regulations

Clause 28. Regulations amended

This clause states that Schedule 2 amends the Victims of Crimes Assistance Regulations. The Schedule itself amends Regulation 25 to the extent necessary to give effect to the transfer of the appeal jurisdiction from the Local Court to the Northern Territory Civil and Administrative Tribunal.

Part 9 Expiry of Act

Clause 29. Expiry of Act

This is a procedural clause that sees the Act, once commenced, expiring on the day after commencement.

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