The purpose of this Bill is to provide a framework for the establishment and operation of the Northern Territory Community Justice Centre 
(“the Centre”) which will provide and promote mediation services as a means of resolving disputes and other functions as provided by any other Act, and thereby achieve greater harmony in the community.  
The Act provides for the establishment of the Centre, its functions, the mediation process and the recruitment and duties of suitably qualified staff.  The Community Justice Consultative Council is established with its functions being to:
·	make policy guidelines for the operation of the Centre; 
·	deal with complaints from parties to a dispute and to make reports; and 
·	make recommendations to the Minister on matters contained in the Act and which the Council considers appropriate. 
Within five years from the commencement of this Act, the relevant Chief Executive Officer must conduct a review of the operation and effectiveness of this Act, the Centre and the Community Justice Consultative Council.  A report containing the result of the review and including any recommendations must be forwarded to the Minister as soon as is reasonably possible.  
The Act provides protection from liability to employees and councilors, protection of information, privilege for defamation and provision for information to remain confidential.
The Act will also provide an adjudication process concerning certain small disputes that are subject to resolution in accordance with the provisions of the Construction Contracts (Security of Payments) Act.
NOTES ON CLAUSES
Part 1 – Preliminary matters and interpretation
Part 1, containing divisions 1 and 2 and clauses 1-6, deals with machinery, definition and application provisions.
Division 1 - Preliminary
Clause 1.	Short Title.
Clause 1 sets out the name by which the legislation will be known, namely the Community Justice Centre Act 2005.
Clause 2.	Commencement.
Clause 2 provides that the legislation is to commence on the date fixed by the Administrator by notice in the Gazette.
Clause 3.	Object. 
Clause 3 provides that the object of this Act is to achieve greater harmony in the community through the promotion of mediation as a means of resolving disputes.  Additionally, the Act has the objective of facilitating the adjudication of certain small disputes under the Construction Contracts (Security of Payments) Act.
Clause 4.	Act binds Crown.
Clause 4 states that the Act applies to the Crown.

Division 2 – Interpretation
Clause 5.	Definitions.
Clause 5 contains definitions of the following terms:
“approved form” (See used in clauses 13 and 25).
“Centre” (See used in clause 5, definition of “Centre employee”, and clauses 8-10, 12, 15-26, 32 and 39).
“Centre employee” (See used in clauses 9, 11, 21, 24, 27 and 30). 
“CEO” (See used in clauses 9, 10, 26, 31, 32 and 39).
“Committee” (See used in clause 5, definition of “Committee member” and clause 30).
“Committee member” (See used in clauses 30, 33, 36 and 38).
“Council” (See used in clause 5, definition of “Council member” and clauses 248–30 and 32).
“Council member” (See used in clauses 24, 30, 33, 36 and 38).
“Director” (See used in clause 5, definition of “mediator” and clauses 9–11, 13-15, 17, 26, 27, 29, 30, 33 and 36). 
“dispute” (See used in clause 5, definition of “mediation service”, “mediation session” and “parties” and clauses 6, 13, 14, 15 and 37).
“Guidelines” (See used in clauses 13, 15, 25 and 26). 
“mediation service” (See used in clauses 8, 10, 13, 14, 26, 27 and 37). 
“mediation session” (See used in clause 5, definition of “parties” and clauses 15, 16, 17, 34 and 35). 
“mediator” (See used in clauses 9-11, 14, 15, 27, 30, 33, 36 and 38). 
“parties” (See used in clauses 13-17 and 27).  
“purposes of the Centre” (see used in clauses 8 and 9).
Clause 6.	Disputes and parties to disputes.
Clause 6 provides for the definitions of “dispute” and “parties”. 
A dispute exists when two or more persons disagree over a matter.
Those persons are parties to the dispute.
Part 2 – Centre
Clause 7.	Establishment.
Clause 7 provides for the establishment of the Northern Territory Community Justice Centre.
Clause 8.	Centre’s purposes. 
Clause 8 defines the Centre’s statutory functions as the provision of mediation services and any other functions provided by any other Act.
Clause 9.	Director. 
Clause 9 establishes the position of the Director and defines the Director’s duties.  The clause also sets out the status of assistants to the Director.
Clause 10.	Mediators.
Clause 10 establishes the mandatory requirement for mediators and the qualifications required of each mediator (and Director) as prescribed by the Regulations.
Clause 11.	Delegation.
Clause 11 allows the director to delegate his or her powers, by writing, to mediators and staff. 
Clause 12.	Use of certain words 
Clause 12 prohibits the use of the words “Community Justice Centre” in the name of any other organisation.
Part 3 – Mediation Services
Clause 13.	Provision of services.
Clause 13 contains the procedure for providing mediation services.  The parties to the dispute may apply in a form approved by the Chief Executive Officer to the Director for the supply of mediation services. 
The Director must refer to the guidelines issued by the Council of the Centre and must accept or refuse the application.  If the application is accepted, mediation services are to be provided.
Clause 14.	Termination of services.
Clause 14 states mediation services may be terminated at any time by a party to the dispute, the Director or a mediator providing the services.
Clause 15.	Mediation sessions.
Clause 15 states conditions and requirements to be observed and fulfilled for the implementation of mediation sessions:
·	clause 15(1) - who may conduct the mediation (one or more mediators) and how (in accordance with the Director’s directions);
·	clause 15(2) - that the guidelines must be followed;
·	clause 15(3) - the rules of evidence are not applicable;
·	clause 15(4) - a mediator must not adjudicate or arbitrate; 
·	clause 15(5) and (6) - a person who is not a party must not participate unless permitted by the Director or as a representative under clause 17; and
·	clause 15(7) - the mediation sessions must be conducted as informally as possible and not drawn out.

Clause 16.	Mediations must be voluntary.
Clause 16 states that attendance by a party at a mediation session is voluntary and except for any agreement arising from the session, the session does not affect the rights or obligations of the party.
Clause 17.	Representative of party.
Clause 17 sets out who may represent a party which is a body corporate.  If the body corporate is incorporated under the Corporations Act 2001, an officer of the corporation, in any other case, a person appointed by the body corporate.
Part 4 – Adjudication
Clause 18.	Interpretation
Clause 18(1) contains definitions of the following terms:
“adjudicator” (as used in clauses 20, 21, 22 and 23);
“CCSP Act” stands for Construction Contracts (Security of Payments) Act and is used in clauses 20-23);
“lodgment fee” (as used in clauses 20 and 21);
Clause 18(2) provides that various terms used in the Construction Contracts (Security of Payments) Act have the meanings, in this Act, given to them by the Construction Contracts (Security of Payments) Act.
Clause 19.	Director taken to be a prescribed appointer.
Clause 19 provides that the Director of the Centre is taken to be a prescribed appointed for the purposes of the Construction Contracts (Security of Payments) Act.
Clause 20.	When Director may act
Clause 20 sets out the circumstances when the Director may arrange for the adjudication of payment disputes under the Construction Contracts (Security of Payments) Act.  The Director can only act if satisfied that the despite is for less than $10,000 and if the prescribed lodgment fee (to be $500) is paid.
Clause 21.	Liability for lodgment fee.
Clause 21 sets out the basic rule which is that both parties to an adjudication must share payment of the lodgment fee.  If necessary, the adjudicator will take this obligation into amount in making a final decision about the payment of monies.
Clause 22.	Power of adjudicator.
Clause 22 sets out that the adjudicator cannot make a decision about the payment of an amount that is greater than $10,000 except to the extent that any money over $10,000 is interest.
Clause 23.	Costs of adjudication.
Clause 23 sets out that the provisions of the Construction Contracts (Security of Payments) Act in respect of costs payable to the adjudicator do not apply to adjudications arranged by, and paid by, the Director.
Part 5  - Community Justice Consultative Council.
Clause 24.	Establishment.
Clause 24 establishes the Community Justice Consultative Council and empowers the Regulations to make provision for any matters relevant to the Council.
Clause 25.	Functions.
Clause 25 defines the functions of the Council as making the guidelines for service delivery, dealing with complaints and advising the Minister on matters dealing with the operation of the Centre, matters for review or any other matter to which this Act relates.
Clause 26.	Guidelines.
Clause 26 empowers the Council to make policy guidelines for the operation of the Centre and sets out matters that might be covered by the Guidelines.  The Guidelines must be notified in the Gazette before taking effect.  Additionally notification to be given to the Minister, the Chief Executive Officer and the Director.  
Clause 27.	Complaint.
Clause 27 allows a party to a dispute to make a complaint to the Council about the manner in which the services were provided.  Such a complaint must relate to any aspect of the procedure adopted by the Director, a mediator or a Centre employee.  The complaint must not be about the outcome of a mediation session.
The Council may review the complaint and if necessary make recommendations for action to be taken or revision to the guidelines.
Clause 28.	Direction.
Clause 28 states the Minister may give directions to the Council on any matter pertaining to the Council’s powers or functions except for the contents of a report or recommendation made by the Council or the conduct of a review of a complaint.
Clause 29.	Delegation.
Clause 29 states the Council may delegate, in writing, any of its functions to the Director or a Committee.
Clause 30.	Committee.
Clause 30 states that the Council may appoint in writing a Committee to perform its functions or exercise its powers as specified in the appointment, Committee members are limited to Council members, the Director, a mediator or a Centre employee. 
The regulations may make provisions, consistent with this Act, about any matters relating to such Committees.
Part 6 - Administration
Clause 31.	Approved form.
Clause 31 empowers the Chief Executive Officer to approve forms for this Act.
Clause 32.	Review.
Clause 26 requires the Chief Executive Officer to conduct a review within five years of the commencement of this Act of the operation and effectiveness of this Act, the Centre, the Council and any other matters considered relevant.
The Chief Executive Officer must prepare a report that includes the result of the review and recommendations, if any, arising from the review. 
Clause 33.	Protection from liability.
Clause 33 provides protection from civil or criminal prosecution to employees of the Centre or Council members for acts or omissions done by them in good faith in the exercise or performance of their terms of employment.  This clause does not affect any other liability for the acts or omissions.
Clause 34.	Protection of information.
Clause 34 provides that any matter arising from a mediation session shall not be admissible as evidence in a court, a tribunal or any other body which can admit sworn statements.
Clause 35.	Privilege for defamation.
Clause 35(1) states that mediation sessions attract the same privilege (unable to be used in proceedings) regarding defamation as do judicial proceedings.  Any documents produced for a mediation session attract the same privilege regarding defamation as do judicial proceedings.
However, the privilege does not extend to any publication not made for a mediation session or as provided by clause 36(3).
Clause 36.	Secrecy.
Clause 36 states that a person listed in 36(1) must not, in exercising a power or performing a function under this Act: 
·	record any information; 
·	disclose any such information to a person or body; 
·	publish any part of a document; and
·	produce any matter to a court or tribunal. 

However, these prohibitions do not apply if the recording, disclosure, publishing or production: 
·	is permitted under the Act;
·	is for a person who is the subject of the matter;
·	for another person who has the permission of the person who is the subject of the matter or to a person prescribed by the regulations; 
·	is required by another law; and
·	is reasonably necessary for the protection of a person or property.
Clause 37.	Confidentiality agreement.
Clause 37 empowers the Director to require parties to a dispute to sign a confidentiality agreement before commencement of mediation services.  Such an agreement must specify that each party may not disclose any matter arising from the mediation services.  However, if the Director and all parties agree, any matter may be disclosed.
Clause 38.	Appointments may be made despite other 	provisions.
Clause 38 provides that a person may be appointed to a position under the Act or paid for services provided under the Act despite holding some other full time position (including positions held on the basis that the person not engage in any other employment).
Clause 39.	Annual report.
Clause 39 states that for each financial year, the Chief Executive Officer must prepare an annual report on the operation of the Centre and provide it to the Minister within three months of the end of that year and the Minister must table the report in the Legislative Assembly within six sitting days of receipt.
Clause 40.	Regulations.
Clause 40 empowers the Administrator to may make regulations consistent with the Act prescribing matters required or permitted to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.  The regulations amplify and provide detail to the intent of the Act.
Part 6 – Transitional matters for Community Justice Centre Act 2005
Clause 41.	Savings.
Clause 41 provides that:
·	mediation services commenced before this Act commenced; may be completed;
·	the Act shall not affect the mediation or anything arising from the mediation; and
·	the Act does not prevent the completion of the mediation after this Act commences in a manner differently to this Act.
To avoid doubt, clause 41(2) is stated as having effect even if the mediator does not hold qualifications commensurate with the requirements of this Act or if the requirements of any provisions of this Act have not been complied with.
Part 7 – Consequential Amendments
Clause 42.	Principal Act amended.
Clause 42 provides that Part 7 amends the Construction Contracts (Security of Payments) Act.
Clause 43.	New section 11A
Clause 43 provides for the insertion of new section 11A into the Construction Contracts (Security of Payments) Act.
Section 11A.  Interaction with Community Justice Centre Act
Section 11A states that the operation of the Construction Contracts (Security of Payments) Act is subject to Part 4 of the Community Justice Centre Act.

Clause 44.	New section 53A
Clause 44 provides for the insertion of new section 53A into the Construction Contracts (Security of Payments) Act.
Section 53A.  Adjudicators to give Registrar information
Section 53A provides that the registered adjudicators must, in accordance with the Regulations provide prescribed information to the Construction Registrar.  It is expected that the prescribed information will relate to the acceptance of disputes, the handling of disputes, the costs of disputes, the duration of disputes,  the outcomes of disputes and any other prescribed information necessary for the Registrar being aware of the operation of the legislation.  It is expected that the Registrar may, in respect of the information provided, publish statistical and other reports regarding the operation of the Act and may also use the information for the purposes of section 52(5) of the Construction Contracts (Security of Payments) Act (cancellation of registration).

Clause 45.	Expiry of Part.
Clause 45 provides that Part 7 expires on the day after it commences operation.  This is a Parliamentary Counsel housekeeping provision designed to ensure that the statute book does not contain provisions that are spent.  These provisions will be spent as soon as the Construction Contracts (Security of Payments) Act 2004 is amended by them.