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| Ms LAWRIE (Justice and Attorney-General): Madam Speaker, I move that the bill now be read a second time. The purpose of this bill is to amend various acts that fall within the Justice portfolio, and one act within the Police portfolio. Acts amended in this bill include the Construction of Contracts (Security of Payments) Act, the Police Administration Act 2007, the Summary Offences Act, the Public Trustee Act, the Legal Profession Act and the Prisons and Correctional Services Act. I will now outline the amendments to each act contained within this bill. The Construction of Contracts (Security of Payments) Act is amended to clarify the effect of disqualification of an adjudicator on grounds of conflict of interest, and to ensure that the disqualification of an adjudicator will not unfairly prejudice persons subject to the times limits imposed by section 28 of that act. The act provides various grounds upon which action may be taken for the disqualification of an adjudicator. An adjudicator may give notice of disqualification themselves, or the Registrar may declare the adjudicator disqualified. The parties to the dispute then have five days in which they may elect to authorise the adjudicator to continue in the role, despite the grounds of disqualification. However, the status of the adjudicator during this five-day period was unclear. The amendments will clarify where a notice is given by the appointed adjudicator that he or she is disqualified from adjudicating the dispute. Where notice is given by the Registrar that the adjudicator is disqualified, then the adjudicator’s appointment will terminate five working days after the date of the disqualification notice. This is unless, before the end of that five-day period, each party has given written authority to the adjudicator to continue as the appointed adjudicator. If the appointment of an adjudicator ceases after the five-day period, the applicant can reapply for adjudication under section 28 of the act. In calculating the period within which this application may be made, the period from the date on which the previous application was served under section 28(1)(c) to the date when the adjudicator’s appointment ended is not to be counted for the purposes of the 90-day time limit to apply to have a payment dispute adjudicated. If, in calculating the period to reapply under the new subsection 6A(b), the applicant does not have at least 14 days to make further application, then the applicant will be deemed to have 14 days after the date on which the adjudicator’s appointment ends to make a further application. The Police Administration Amendment Act 2007 amended the Summary Offences Act by increasing the penalty for the offence of making a false report to the police in section 68A from a $500 fine or three months imprisonment, to a $200 000 fine or 10 years imprisonment. This amendment did not commence pending a review of the penalty. The increased term of imprisonment under the 2007 amendment would result in the offence no longer being considered a summary offence. As such, if the penalty were to be retained, the defence would need to be moved into the Criminal Code. Research into penalties for false reports in other jurisdictions showed that there are significant differences around Australia. However, in consultation with the NT Police, it was recommended that the appropriate maximum penalty be two years imprisonment and/or an $11 000 fine. The offence therefore remains a summary offence, which is more appropriate given the nature of the offence. The Police Administration Act 2007 is amended in this bill by appealing the increased penalty provision and a new maximum penalty of $11 000 and/or two years will be inserted in section 68A of the Summary Offences Act. Amendments are also made to the Public Trustee Act. The Northern Territory Treasury advised that all ongoing fees and commissions directly charged by the Public Trustee are considered agency revenue. As such, these monies should be receipted directly through the casher. Taking this action causes the Public Trustee to be technically in breach of section 14(3) of the Public Trustee Act. The section requires all commissions, fees, charges, levies and expenses charged under the act be paid into the Public Trustee’s Dividend Account. In practice, the only fees currently paid into the Public Trustee’s Dividend Account are those collected under sections 24A and 28 of the Public Trustee Act, being management fees and levies. All other commissions, fees and charges are receipted as agency revenue through the casher. This bill amends section 14(3) of the Public Trustee Act to require only those fees and levies collected under section 24A and section 28 of the Public Trustee Act to be paid into the Public Trustee’s Dividend Account. Madam Speaker, the Legal Profession Act is also amended by this bill. By way of background, under the Legal Practitioners Admission Rules, that were appealed in 2007 and replaced by the Legal Profession Admission Rules, an applicant for admission as a legal practitioner was required under Rule 10 to provide an affidavit in support of their application. The applicant was required to state that they have not been found to have engaged in academy dishonesty, such as plagiarism, or where he or she has been found to have engaged in academic dishonesty, required to provide details of that dishonesty. The current Legal Profession Admission Rules also require an affidavit from applicants for admission, however the affidavit must now address ‘suitability matters’ listed in section 11(1)(b) to (m) of the Legal Profession Act. The list of ‘suitability matters’ contained in section 11(1)(b) to (m) does not include the previous requirement relating to academic dishonesty. The pro forma affidavit in support of an application for admission however still requires the information. This requirement should be clearly reflected as a ‘suitability matter’ in the legislation. As such, this bill amends section 11(1) of the Legal Profession Act to reflect Rule 10(1)(b) of the Legal Profession Admission Rules. This requires that an applicant for admission as a legal practitioner must submit an affidavit stating that the applicant has not been found to have engaged in academy dishonesty, such as plagiarism, or if he or she has been found to have engaged in academy dishonesty, to provide details of such dishonesty. This bill also amends the Prisons (Correctional Services) Act to enable application of sections 26 and 27 of the Commonwealth Mutual Assistance in Criminal Matters Act 1987, the Mutual Assistance Act. Sections 26 and 27 of that act allows for the transfer of federal or state prisoners to a foreign country for the purpose of giving evidence in a proceeding or providing assistance to an investigation. For this to occur, it is necessary for the state or territory in which the prisoner is located to obtain any approvals required from an authority of the relevant state or territory. As such, it is necessary for the state or territory to have in place legislative arrangements allowing for transfer of the prisoner for the purpose of giving evidence or assistance in a foreign country. There is no relevant provision in the Northern Territory’s Prisons (Correctional Services) Act which would allow for such a transfer of a prisoner as contemplated in section 26 or 27 of the Mutual Assistance Act. For the Mutual Assistance Act to be effective, this bill amends the Prisons (Correctional Services) Act by inserting a Division 3 under part 17 of the act. The provisions enable the Director of Correctional Services to authorise the release of, and give leave of absence from Northern Territory custody, to a prisoner for the purpose of travelling to a foreign country to give evidence at a proceeding or assistance in relation to an investigation. The director will also have the discretion to impose any conditions on the authorisation as the director thinks fit. The act is amended allowing the Director of Correctional Services to, at any time, revoke or vary any conditions attaching to any leave of absence granted under the new Division 3. It also provides that during a prisoner’s absence under these circumstances, that the prisoner is taken to be in lawful custody and the term of the prisoner’s imprisonment continues to run. The amendments contained in this bill do not in any way alter the policy or intention of this legislation but rather improves the legislation by providing certainty to previously ambiguous provisions to ensure clarity and consistency with other legislation. Madam Speaker, I commend the bill to honourable members and I table a copy of the explanatory statement. Debate adjourned. |