Northern Territory Explanatory Statements

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COURTS AND ADMINISTRATIVE TRIBUNALS (IMMUNITIES) BILL 2008

3


Courts and Administrative Tribunals (immunities) Bill 2008_EM
7-5-08

2008

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

COURTS AND ADMINISTRATIVE TRIBUNALS (IMMUNITIES) BILL 2008

SERIAL NO. 143

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill confers immunity upon judicial officers, members of administrative tribunals, and participants before administrative tribunals, from civil and criminal liability for honest acts performed in the course of duty.

There are some 122 different tribunals in the Northern Territory which provide for an administrative decisions (including reviews).

Each individual piece of legislation governs the creation of and powers for each Tribunal. Some Acts provide the relevant judicial and administrative immunity, others do not.

This Bill ensures all tribunal members and participants are afforded the necessary immunity, irrespective of the powers the governing legislation provides.

NOTES ON CLAUSES

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 Courts and Administrative Tribunals (Immunities) Act 2008.


Clause 2. Commencement.

The Bill, once passed, will commence on a date to be fixed by the Administrator.

Clause 3. Definitions

This clause provides definitions for titles and phrases used in the Act.

The key definition is that of “administrative tribunal”. It is defined so as to include persons and bodies that have the power to conduct hearings for the purpose of resolving matters. These matters range from licensing issues to claims for compensation. However, regulations may be made to either include or exclude some persons or bodies from the scope of the definition (and thus the legislation).

Clause 4. Immunities for person exercising judicial powers, powers of administrative review or ancillary powers

A member of a court, as defined, incurs no civil or criminal liability for performing an honest act in the exercise of their judicial powers, administrative powers assigned in their judicial capacity, or administrative powers conferred by law.

Members of an administrative tribunal incur no civil or criminal liability for performing an honest act in the exercise of the power of administrative review, or any incidental powers conferred by law on the tribunal or member.

An ancillary officer of a court or administrative tribunal incurs no civil or criminal liability for honest acts performed in exercise of powers conferred on the officer.

Clause 5. Immunities for witnesses and representatives

Representatives before a court or an administrative tribunal (who may or may not be legal practitioners) and witnesses who give evidence before a court or an administrative tribunal are immune from civil and criminal liability provided their behaviour is honest and reasonable in all the circumstances.

Existing liabilities such as prosecution for contempt of court or professional misconduct continue to apply.

Clause 6. Non-derogation from other Acts and the common law

Notwithstanding the introduction of the Bill, existing immunities and protections afforded under legislation, and at common law, continue to apply.

Clause 7. Regulations

This clause provides for the making of regulations. Regulations may be required for the purposes of the definition of
“administrative tribunal”.

 

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