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2018
LEGISLATIVE ASSEMBLY OF
THE
NORTHERN TERRITORY
ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
Justice Legislation Amendment Bill 2018
SERIAL NO. 73
EXPLANATORY STATEMENT
GENERAL OUTLINE
This Bill amends the Director of Public Prosecutions Act 1990, the Law Officers Act 1978, the Local Court Act 2015 and the Supreme Court Act 1979.
The purpose of this Bill is to increase the age of retirement to 72 years for a person appointed to the office of Director of Public Prosecutions, or the Solicitor-General of the Northern Territory, or as a Judge of the Local Court or a Judge or Associate Judge of 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 Legislation Amendment Act 2018.
Clause 2. Commencement
This is a formal clause which provides when the Act will commence.
The Act will commence following assent by the
Administrator.
Part 2 Amendment of Director of Public Prosecutions Act 1990
Clause 3. Act amended
This Part amends the Director of Public Prosecutions Act 1990.
Clause 4. Section 4 amended (Director of Public Prosecutions)
This clause amends section 4(1)(a), (6) and (9) to increase the age of retirement from 70 to 72 for persons appointed by the Administrator to the office of Director of Public Prosecutions.
Part 3 Amendment of Law Officers Act 1978
Clause 5. Act amended
This Part amends the Law Officers Act 1978.
Clause 6. Section 13 amended (Office of Solicitor-General)
This clause amends section 13(1)(a), (5) and (9) to increase the age of retirement from 70 to 72 for persons appointed by the Administrator to the office of Solicitor-General of the Northern Territory.
Part 4 Amendment of Local Court Act 2015
Clause 7. Act amended
This Part amends the Local Court Act 2015.
Clause 8. Section 53 amended (Appointment)
This clause amends section 53(2)(a) to increase the maximum age a person may be appointed as the Chief Judge, a Deputy Chief Judge and other Local Court Judges from 70 to 72.
Clause 9. Section 56 amended (Vacation of office)
This clause amends section 56(a) to provide that
a Judge appointed under the Act may hold office until the age of 72.
Part 5 Amendment of Supreme Court Act 1979
Clause 10. Act amended
This Part amends the Supreme Court Act 1979.
Clause 11. Section 32 amended (Appointment of Judges)
This clause amends section 32(1) to increase the maximum age a person may be appointed as the Chief Justice, a Judge or an additional Judge of the Supreme Court of the Northern Territory from 70 to 72.
Clause 12. Section 38 amended (Retirement)
This clause amends section 38 to provide that a Judge appointed under the Act may hold office until the age of 72.
Clause 13. Section 41A amended (Appointment of Associate Judges)
This clause amends section 41A(a) to provide that the Administrator may appoint a person as an Associate Judge up until the age of 72.
Clause 14. Section 41D (Retirement)
This clause amends section 41D to provide that an Associate Judge may hold office until the age of 72.
Clause 15. Section 41H (Authorization to act in office of Associate Judge)
This clause amends section 41H(1)(c) to provide that a person may act in the office of Associate Judge until the age of 72.
Part 6 Repeal of Act
Clause 16. Repeal of Act
This is a standard clause which provides that the
Justice Legislation Amendment Act 2018 is repealed the day after
it commences.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)
Justice Legislation Amendment Bill 2018
In relation to its overall purpose, this Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).
The Bill advances:
• article 14 of the International Covenant on Civil and Political Rights (ICCPR) – to have a fair trial and fair hearing rights;
• article 40(2)(b)(iii) of the Convention on the Rights of the Child (CRC) – to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law;
• article 13 of the Convention on the Rights of Persons with Disabilities (CRPD) – ensure effective access to justice for persons with disabilities on an equal basis with others; and
• article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) – to receive remuneration for work of equal value, without distinction between men and women.
Overview of the Bill
The primary purpose of the Bill is to increase the age of retirement from 70 to 72 for a person in the office of Director of Public Prosecutions, a person in the office of Solicitor-General for the Northern Territory, and for Local Court Judges and Supreme Court Judges and Associate Judges (the officers).
Human rights implications
This Bill engages rights referred to in the ICCPR, CRC, ICESCR and, to a lesser extent, the CRPD.
The increase in the age of retirement for the officers strengthens human rights protections by allowing:
Right to legal soundness of a judgment
A person's right of review (article 14(5) ICCPR) remained available throughout, and still remains applicable where there is a question over the legal soundness of a judgement. Article 40 of the CRC reinforces that right for children as does article 13 of the CRPD for those with a disability. This Bill allows for officers to act for a greater length of time, but not for such a period of time that their capacity to make sound legal judgments may deteriorate.
Right to a fair trial
The Bill does not interfere with the right to a fair and public criminal trial or hearing of civil proceedings, according to law, in the presence of legal or other appropriate assistance. It does not interfere with the principle that all persons, including children and those who may be a person who has a disability are treated equally by the Court. The obligation to have a competent, independent and impartial court or tribunal established by law is not trammelled by this Bill.
Non discrimination based on age
This Bill does not interfere with the right for the officers to receive equal remuneration for equal work. The Bill does not distinguish between men and women, and instead allows any person to act in these positions for a greater amount of time.
Conclusion
Overall this Bill is compatible with human rights. Any potential incompatibility with human rights is outweighed by the positive promotion of human rights.