2015
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY
ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
Justice Legislation Amendment Bill 2015
SERIAL NO. 119
EXPLANATORY STATEMENT
GENERAL OUTLINE
The purpose of this Bill is to amend several Acts within the Justice Legislation portfolio including the Anti-Discrimination Act, the Fences Act, the Information Act, and the Northern Territory Civil and Administrative Tribunal Act.
Primarily, the Bill amends the Anti-Discrimination Act to reform the complaints process to provide an efficient process for parties and enables the Anti-Discrimination Commissioner to operate effectively with reduced resources. The Bill also transfers the jurisdiction for hearings of anti-discrimination complaints to the Northern Territory Civil and Administrative Tribunal. The Bill amends the Information Act to provide that matters handled by the Anti-Discrimination Commissioner are exempt under section 44 of the Information Act on the grounds of public interest.
The Bill also amends the Northern Territory Civil and Administrative Tribunal Act to provide for enforcement measures for orders made by the Tribunal and to clarify matters with respect to the review process.
Finally, the Bill amends the Fences Act and the Residential Tenancies Act to correct references to the Northern Territory Civil and Administrative Tribunal.
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 2015.
Clause 2.	Commencement
This is a formal clause which provides when the Act will commence.  The Act will commence on a day fixed by the Administrator by Gazette notice.  In accordance with the Interpretation Act this clause operates so that the various provisions of the Act may be commenced on separate days.
Part 2	Amendment of Anti-Discrimination Act
Clause 3.	Act amended
This clause provides that this Part amends the Anti-Discrimination Act.
Clause 4.	Section 4 amended
This clause amends section 4(1) of the Anti-Discrimination Act by inserting new definitions for ‘acting in an official capacity’, ‘conciliation’, ‘evaluate’, ‘proceeding’ and ‘Tribunal’. 
‘Acting in an official capacity’ is defined to be exercising or performing functions under, or otherwise related to the administration of, the Anti-Discrimination Act.
The definition of ‘conciliation’ has been broadened to cover a conciliation process under Part 6, Division 3 of the Anti-Discrimination Act.  Section 82 of the Act provides that anything said and done during the course of ‘conciliation’ cannot be used in other proceedings.  Section 82 is also amended by this Bill in clause 23 to clarify that the protection extends to proceedings under other Acts.
‘Evaluate’ is limited to evaluation of a complaint, and is defined to mean a decision as to whether there is a reasonable prospect of success at a hearing of the Northern Territory Civil and Administrative Tribunal. 
‘Proceeding’ is defined to include both the conciliation and any evaluation of a complaint.
‘Tribunal’ is defined as the Civil and Administrative Tribunal (as the Northern Territory Civil and Administrative Tribunal is known). 
Clause 5.		Section 5A inserted
Clause 5 inserts section 5A into the Anti-Discrimination Act, which applies Part IIAA of the Criminal Code, relating to the general principles of criminal responsibility, general defences and the burden of proof.  Part IIAA also defines, or elaborates on, certain concepts commonly used in the creation of offences.
Clause 6.		Section 13 amended
Clause 6 of the Bill amends section 13 of the Anti-Discrimination Act; which prescribes the functions of the Anti-Discrimination Commissioner.
The Bill omits and replaces section 13(1)(a) to insert a new function to “assess complaints, conduct conciliations in relation to complaints and evaluate and refer complaints for hearing by the Tribunal”. 
This amendment allows for the changes to the complaints process in relation to the functions of the Commissioner. 
Clause 7.		Section 15 replaced
Clause 7 of the Bill repeals and replaces section 15 of the Anti-Discrimination Act, which provides for delegation by the Commissioner of powers and functions of the Commissioner under the Act.
Clause 8.		Section 18 amended
Clause 8 of the Bill amends section 18 of the Anti-Discrimination Act, to simplify the wording, particularly the reference to the Anti-Discrimination Commissioner.  Section 18 prohibits the appointment of members of the Legislative Assembly as the Anti-Discrimination Commissioner.  
Clause 9.		Section 26 amended
Clause 9 of the Bill amends section 26 of the Anti-Discrimination Act, to extend protection to a tribunal when it requires information from a person; which might otherwise be information on which unlawful discrimination might be based. . 
Clause 10.		Section 62 amended
Clause 10 of the Bill amends section 62 of the Anti-Discrimination Act, which provides for authorisations to act for a complainant or respondent.  
Section 62(2A) is being inserted to broaden the discretion of the Commissioner in authorising a person to act for a complainant or respondent and allow the Commissioner to set conditions.
An example of the kind of person the Commissioner may authorise to act on behalf of the complainant or respondent is inserted following section 62(3), which includes a lawyer, guardian, friend or family member to act on behalf of the complainant or respondent or accompany and assist the complainant or respondent in any proceedings under the Act.
Clause 11.		Section 65 amended
Clause 11 of this Bill amends section 65 of the Anti-Discrimination Act which provides for the time limit for the making of a complaint.
Section 65(1) is amended to omit “6 months” and replace the time limit with “12 months”. 
The replacement of “6 months” with “12 months” will increase the time allowed for complaints to be made to the Commissioner to 12 months after the alleged prohibited conduct took place.
Clause 12.		Section 66 amended
Section 66 of the Anti-Discrimination Act provides that the Commissioner must accept or reject a complaint received.
Clause 12 of this Bill amends the heading and body of section 66 by omitting the word “reject” and replacing that word with “decline”.  
The use of the word “decline” reduces perceived severity by complainants in comparison with the word “reject”.
The term “reject” is replaced throughout the Act with the word “decline”.
Clause 13.		Sections 66A, 66B, 66C, 66D, 66E and 66F	inserted
Clause 13 inserts new provisions following section 66 of the Anti-Discrimination Act.  The insertion of sections 66A, 66B, 66C, 66D, 66E and 66F provide for processes relevant to the Commissioner accepting or declining a complaint. 
New section 66A provides that the Commissioner must assess a complaint before making a decision as to whether the complaint should be accepted or declined under section 66. 
New section 66B allows the Commissioner to seek a response from a respondent, after notifying the complainant; if the Commissioner believes the complaint may be resolved by the information received from the respondent; or if there are other reasons to request information from the respondent in assessing whether to accept or decline a complaint. 
New section 66C provides that, if the Commissioner accepts a complaint, he or she must notify the respondent of the substance of the complaint as soon as practicable.  This replaces current section 70 of the Anti-Discrimination Act.  
New section 66D replaces current section 69 and requires the Commissioner to provide the complainant with written reasons if a complaint is declined under section 66.  It also prevents the complainant from making another complaint in relation to the same conduct.  This section is being moved to section 66D to allow the provisions relating to the declining of complaints to flow more clearly.
New section 66E allows the Commissioner to decline a complaint at any time where it is believed that no further action can be taken.  
The purpose of the section is to allow the Commissioner to close a complaint in circumstances such as “the respondent has gone into liquidation, the Commissioner is unable to contact the respondent or the complainant, the complainant or respondent has died since the complaint was made, the complainant has not co-operated with the Commissioner in relation to the complaint.”  These matters otherwise remain ‘open’ though they cannot be progressed.
New section 66F provides that where a complaint is declined under section 66E the complainant may not make another complaint about the same conduct, unless permitted by the Commissioner.  This prevents a complaint being made about the same conduct which would likely face the same problem that led to the complaint being declined by the Commissioner under section 66E.
Clause 14.		Section 67 amended
Clause 14 amends the heading and body of section 67 by omitting the word “reject” and replacing that word with “decline”.  The use of the word “decline” reduces perceived severity by complainants compared to the word “reject”.
Clause 15.		Section 68 amended
Clause 15 amends the heading and body of section 68 by omitting the word “reject” and replacing with the word “decline”.  The use of the word “decline” reduces perceived severity by complainants compared to the word “reject”.
Clause 16.	Sections 69 and 70 repealed 
Clause 16 repeals section 69 which is being replaced by proposed new section 66D.
Clause 16 also repeals section 70 which is being replaced by proposed new section 66C.  
Clause 17.		Section 71 amended
Section 71 of the Anti-Discrimination Act provides for the withdrawal of a complaint by a complainant. 
Clause 17 of this Bill amends section 71(3) by omitting the reference to “investigating” and substituting “evaluating”, followed by omitting the reference to “Division 2” and substituting “Division 4”.  This reflects the amendment in clause 18, which repeals Division 2 of the Anti-Discrimination Act relating to investigations.  Investigations are replaced with a new process of ‘evaluation’ in an amendment to Division 4.
Clause 18.		Part 6, Division 2 repealed
Clause 18 of this Bill repeals Part 6, Division 2 of the Anti-Discrimination Act which provides for investigations. 
Investigations are replaced with a new process of evaluation as provided for in clause 25.  The change in process is intended to assist in allowing for complaints to be processed quicker, at a reduced cost; and with less formality for parties.
Clause 19.		Sections 78 and 79 replaced
Section 78 of the Anti-Discrimination Act provides for conciliation of a complaint. 
Clause 19 of this Bill replaces section 78 to provide that the Commissioner may conciliate a complaint at any time.  
New section 78 is intended to allow for greater flexibility in managing complaints and promote resolution by conciliation.
Section 79 of the Anti-Discrimination Act provides for conciliation proceedings. 
Clause 19 of this Bill repeals and replaces section 79.  New section 79(1) provides that “The Commissioner may direct a person to take part in conciliation.” 
Section 79(4) makes it an offence to fail to comply with a direction by the Commissioner to take part in conciliation proceedings. 
The Bill replaces the wording of section 79(4) to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code.  Strict liability is applied to the failure to comply with the direction in new subsection (5) and a defence of reasonable excuse applies through new subsection (6). 
The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 100 penalty units, to encourage parties to comply with the direction. 
Clause 20.		Section 80 amended
Clause 20 amends the heading to section 80 to remove the superfluous reference to ‘proceedings’. 
Clause 21.		Section 81 amended
Section 81 of the Anti-Discrimination Act provides for what happens at the conclusion of conciliation proceedings. 
Clause 21 amends section 81 to provide that the Commissioner must notify parties that the complaint has ceased (new section 81(1)(c)) 
and to provide that, if a complaint is not resolved by conciliation, the complainant may request evaluation of the complaint for hearing by the Tribunal (new section 81(3)). 
New section 81(6) provides that if the complainant does not request the complaint be evaluated then the complaint lapses and no further complaint may be made in relation to the same conduct. 
Clause 22.		Section 82 amended
Section 82 of the Anti-Discrimination Act provides that conciliation proceedings are not admissible in subsequent proceedings 
(ie hearings) under the Anti-Discrimination Act in relation to the complaint.  However, it should be noted that the definition of hearing is being extended to cover conciliations and evaluations.
Clause 22 amends section 82 to clarify that the protection extends to proceedings under other Acts in relation to the complaint.  Section 82 is therefore amended by omission of the phrase “subsequent proceedings under this Act” and insertion of the phrase “any other proceedings under this Act or any other Act”.
Clause 23.		Part 6, Division 4 heading amended	
Part 6, Division 4 of the Anti-Discrimination Act provides for hearings. 
Clause 23 repeals the heading “Hearings” and replaces it with “Evaluations”. This amendment, and subsequent repeal and replacement of sections 83 to 87 in clause 25, reflect the changes to the complaints process and transfer of hearing jurisdiction to the Tribunal.
Clause 24.		Sections 83 to 87 replaced
Sections 83 to 87 of the Anti-Discrimination Act provide for hearings by the Commissioner. 
Clause 24 makes changes to the complaints process through establishing an evaluation process, transferring the jurisdiction for hearings to the Tribunal through insertion of a new Division 4A, replacement of sections 86 to 87 and insertion of new section 87A.
Clause 24 repeals sections 83 to 85 and replaces those sections with provisions relating to evaluation.
New section 83 provides that the Commissioner may evaluate a complaint if requested by a complainant under new section 81(3), 
if requested by the Minister or if the Commissioner considers evaluation is appropriate.  The evaluation may be conducted by the Commissioner in any way the Commissioner considers appropriate.
New section 84 provides that the Commissioner may require documents or information to be produced during the evaluation.  It is an offence to not comply with an order of the Commissioner to give the requested documents or information. 
New section 85 provides that the Commissioner may order a person to give evidence and answer a question relevant to the evaluation.  Failure to comply with the order is an offence.
Clause 24 also inserts new Division 4A to provide that the jurisdiction for hearings lies with the Tribunal.
New section 86 provides for hearings by the Tribunal where the Commissioner refers a complaint after evaluation if it is believed that the complaint has a reasonable prospect of success at hearing.  The Commissioner must, within 28 days of the decision whether to refer, give written notice to the complainant and respondent.  If the Commissioner does not refer the complaint to the Tribunal, then the notice must inform that the complainant may apply to have to complaint heard by the Tribunal under new subsection (4).
New section 86(3) provides that the Commissioner must determine who the parties to a referred complaint are.
New section 87 provides that if a complaint that has not been referred by the Commissioner, or an application made by the complainant is out of time under new section 86(4), then a complaint may not be subsequently brought in relation to the same conduct.
New section 87A provides that if the Commissioner refers a complaint for hearing by the Tribunal then a report must be provided by the Commissioner to the Tribunal and parties containing information relevant for the hearing.  The report is intended to assist the Tribunal and is not intended to prevent the Tribunal from taking other evidence during the hearing.
Clause 25.		Section 88 amended
Section 88 of the Anti-Discrimination Act provides for orders made after hearing.
Clause 25 amends section 88 by omitting all references to “Commissioner” and replacing them with “Tribunal” which reflects the transfer of jurisdiction for hearings from the Commissioner to the Tribunal.
Clause 26.		Section 89 amended
Section 89 of the Anti-Discrimination Act provides a power for the Commissioner to order apologies and retractions.
Clause 26 amends section 89 by omitting all references to “apologize” and reinserting “apologise”.  This is an administrative amendment.
Clause 26 also amends section 89 by omitting all references to “Commissioner” to be replaced with “Tribunal” and reflects the transfer of jurisdiction for hearings from the Commissioner to the Tribunal.
Clause 27.		Section 90 amended
Section 90 of the Anti-Discrimination Act provides for conduct of proceedings. 
Clause 27 amends section 90 by omitting all references to “Commissioner” to be replaced with “Tribunal” which reflects the transfer of jurisdiction for hearings from the Commissioner to the Tribunal.
Clause 28.		Sections 92, 93, 95 and 96 repealed
Sections 92, 93, 95 and 96 of the Anti-Discrimination Act provide for matters relating to hearings of complaints such as fees for witnesses.
Clause 28 repeals sections 92, 93, 95 and 96 as relevant provisions relating to hearings are found in the Northern Territory Civil and Administrative Tribunal Act and will apply to hearings of anti-discrimination complaints by the Tribunal.
Clause 29.		Section 98 amended
Section 98 of the Anti-Discrimination Act provides that it is an offence to fail to comply with a direction by the Commissioner to provide actuarial or statistical data in relation to an act of discrimination.
Clause 29 omits and inserts new section 98(2) to reword the offence to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code.  Strict liability is applied to the offence in new subsection (3). 
The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 100 penalty units, to encourage parties to comply with the notice.
Clause 30.		Section 99 repealed
Section 99 of the Anti-Discrimination Act prohibits publication of evidence given in a hearing. 
Clause 30 of this Bill repeals section 99 and reflects the transfer of jurisdiction for hearings from the Commissioner to the Tribunal.
Clause 31.		Section 100 amended
Section 100 of the Anti-Discrimination Act provides that the Commissioner may make an order prohibiting disclosure of a person’s identity to preserve the anonymity of a person involved in proceedings under the Act.  
Clause 31 amends section 100(3) and replaces the wording to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code.  Strict liability is applied to the offence in new section 100(4) and a defence of reasonable excuse applies through new section 100(5). 
The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 200 penalty units, to encourage compliance with the order.
Clause 32.		Section 101 amended
Section 101 of the Anti-Discrimination Act provides for interim orders to be made in respect of a complaint pending the completion of proceedings. 
Clause 32 omits and substitutes a new section 101(1) to reflect modern drafting practice. 
Clause 32 also omits and substitutes a new section 101(3) replacing the wording to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code.  Strict liability is applied to the offence in new section 101(4) and a defence of reasonable excuse applies through new section 101(5). 
The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 200 penalty units, to encourage compliance with the order.
Clause 33.		Sections 102 to 104 repealed
Sections 102 to 104 of the Anti-Discrimination Act relate to discontinuing a complaint at hearing, a requirement to provide written reasons for orders under section 88 (orders following hearing) followed by enforcement of orders. 
Clause 33 repeals sections 102 to 104 and reflects the transfer of jurisdiction for hearings from the Commissioner to the Tribunal and relevant provisions are found in the Northern Territory Civil and Administrative Tribunal Act that will apply to hearings of 
anti-discrimination complaints by the Tribunal.
Clause 34.		Section 105 amended
Section 105(4) of the Anti-Discrimination Act relates to considerations the decision maker must take into account in determining the amount of compensation payable by an employer where a breach of the Anti-Discrimination Act is substantiated.  
Clause 34 omits the reference to the “Commissioner” and replaces it with a reference to the “Tribunal” to reflect the transfer of jurisdiction for hearings from the Commissioner to the Tribunal.  
Clause 35.		Section 106 repealed
Section 106 of the Anti-Discrimination Act provides for appeals against decisions of the Commissioner.
Clause 35 repeals and inserts new section 106.  New section 106 essentially omits all references to “Commissioner” and replaces them with “Tribunal” to reflect the transfer of jurisdiction for hearings from the Commissioner to the Tribunal.  Clause 35 also replaces references to the “Local Court” with “Supreme Court”.
Section 106(1) also provides that an appeal to the Supreme Court against a decision or order of the Tribunal can be made either by a party to the complaint, or the Commissioner.
Section 106 will operate in lieu of the appeal rights contained in the Northern Territory Civil and Administrative Tribunal and allow for an appeal on a question of law or fact or law and fact.
Clause 36.		Section 107 amended
Section 107 of the Anti-Discrimination Act provides for the powers of the Local Court on hearing an appeal made under section 106.
Clause 36 amends section 107 by omitting from the heading, “Local Court” and replacing it with “Supreme Court”.  Section 107 is further amended by omitting all references to “Local Court” and replacing them with “Supreme Court” 
Clause 37 further amends section 107(b) and 107(c) by omitting “Commissioner” and replacing it with “Tribunal”.  This reflects the transfer of jurisdiction for hearings of anti-discrimination complaints to the Tribunal.
Clause 37.		Sections 108 to 111 replaced
Section 108 of the Anti-Discrimination Act provides that it is an offence to disclose confidential information obtained in performing functions relating to administration of the Act.
Clause 37 repeals and replaces section 108 so that the wording of the offence complies with the criminal responsibility requirements of Part IIAA of the Criminal Code.  Strict liability is applied to the offence in section 108(2) for the obtaining of information.  Section 108(3) disapplies section 108(1) if the information is disclosed for the purposes of the Anti-Discrimination Act, with consent of the person to whom the information relates; for legal proceedings arising from the Act, if the information is otherwise publically available or if justified or excused by law.
The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 200 penalty units or imprisonment for 2 years, to encourage compliance.
Section 109 of the Anti-Discrimination Act prohibits the advertising of discriminatory material. 
Clause 37 repeals and inserts new section 109; replacing the wording to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code.  The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 200 penalty units or imprisonment for 2 years, to encourage compliance.  Section 109(2), which sets out circumstances in which a prosecution should not be commenced, is amended to reflect modern drafting practices and the transfer of jurisdiction for hearings to the Tribunal. 
New section 109(3) disapplies subsection (1) if the publication is authorised by the Commissioner. 
New section 109(4) defines “publish” to include causes or authorises to be published.
Clause 37 also inserts new section 109A to replace the existing offence in section 111 and making it consistent with Part IIAA of the 
Criminal Code.  The section is being moved so that it appears in the Act along with other similar offences.
Section 110 of the Anti-Discrimination Act currently provides for offences in respect of proceedings.
Clause 37 repeals section 110, which contained three offences, and replaces it with one offence of obstruction, providing that a person must not obstruct a person acting in an official capacity.
The wording of the offence of obstruction complies with the criminal responsibility requirements of Part IIAA of the Criminal Code.  
A defence of reasonable excuse is provided in new section 110(2) and new subsection (3) defines ‘obstruct’.  The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 100 penalty units, to encourage compliance.  
Clause 37 also inserts a new section, after section 110 of the Anti-Discrimination Act, to prohibit false or misleading information, following the repeal of section 110 which contained three offences. 
New section 110A(1) provides that it is an offence for a person to provide false or misleading information to a person acting in an official capacity.  
New section 110A(2) provides that it is an offence for a person to knowingly give a document containing misleading information. 
The offences comply with the criminal responsibility requirements of Part IIAA of the Criminal Code.  Strict liability applies to the giving of the information or document. New section 110A(4) disapplies subsection (2) if the misleading aspects of the document are drawn to the attention of the official person when giving the document and information necessary to remedy the misleading aspects of the document are provided. 
New section 110A(5) defines ‘misleading information’ for the purpose of the offence in section 110A.  
Clause 37 also repeals section 111.  This offence is being replaced at new section 109A with a new offence of inducement in compliance with Part IIAA of the Criminal Code. 
Clause 38.		Section 113 amended
Section 113(2) currently provides that no action or proceedings can be commenced against a person for loss or damaged suffered by another person by reason only that the person took action under or provided information to the Commissioner under the Anti-Discrimination Act. 
Clause 38 of the Bill amends section 113(1)(b) of the Anti-Discrimination Act by extending the current protections under section 113 to people who have provided information to the Tribunal as well as the Commissioner.  This reflects the transfer of jurisdiction for hearings of anti-discrimination complaints to the Tribunal. 
Clause 39.		Section 114 amended
Clause 39 of the Bill amends section 114 of the Anti-Discrimination Act to replace the reference to section 92(5) with a reference to section 85(2) to reflect changes in the numbering of offences. 
Clause 40.		Part 9 inserted
Clause 40 of this Bill inserts Part 9 into the Anti-Discrimination Act. 
New Part 9 provides for transitional matters for the amendments to the Anti-Discrimination Act. The transitional provisions provide that complaints made before commencement continue under the provisions of the Act in force immediately before commencement.  The transitional provisions also provide that offences committed before commencement are dealt with under the offence provisions in force before commencement, and that the amended offence provisions apply only to offences committed after commencement.
Part 3			Amendment of Anti-Discrimination Regulations
Clause 41.		Regulations amended
This clause provides that Part 3 amends the Anti-Discrimination Regulations.
Clause 42.		Regulation 2 replaced
Clause 42 amends regulation 2 of the Anti-Discrimination Regulations providing for prescribed amounts and is an amendment consequential to the repeal of sections 102 to 104.
Clause 43.		Regulation 3 repealed
Clause 43 of this Bill repeals regulation 3 of the Anti-Discrimination Regulations and is an amendment consequential to the repeal of sections 83 to 87 under clause 25 of this Bill.
Part 4			Amendment of Fences Act
Clause 44.		Act amended
This clause provides that this Part amends the Fences Act.
Clause 45.		Section 5 amended
Clause 45 of this Bill amends section 5 of the Fences Act by omitting all reference to the word “court” and inserts the word “Tribunal”. 
This corrects references to reflect the transfer of jurisdiction from the Local Court to the Northern Territory Civil and Administrative Tribunal.
Clause 46.		Section 8 amended
Clause 46 of this Bill amends section 8 by omitting the word “court” and replacing that word with “Tribunal”.  This corrects references to reflect the transfer of jurisdiction from the Local Court to the Northern Territory Civil and Administrative Tribunal.
Clause 47.		Section 15 amended
Clause 47 of this Bill amends section 15(6) by omitting the word “court” and replacing that word with “Tribunal”.  This corrects references to reflect the transfer of jurisdiction from the Local Court to the Northern Territory Civil and Administrative Tribunal.
Part 5	Amendment of Information Act
Clause 48.		Act amended
This clause provides that the Information Act is amended.
Clause 49.		Section 49D inserted
Clause 49 of this Bill inserts a new section 49D in the Information Act.  New section 49D provides that information obtained by the Anti-Discrimination Commissioner from a person seeking information, advice or assistance in relation to the operation of the Anti-Discrimination Act is exempt on the grounds of public interest from being made available under a freedom of information application.  Additionally new section 49 also exempts information in a complaint made under the Anti-Discrimination Act or obtained or created under the Anti-Discrimination Act in relation to a complaint. 
Part 6	Amendment of Northern Territory Civil and Administrative Tribunal Act
Clause 50.	Act amended
This clause provides that this Part amends the Northern Territory Civil and Administrative Tribunal Act.
Clause 51.		Section 3 amended
Clause 51 of this Bill amends section 3 of the Northern Territory Civil and Administrative Tribunal Act by rewording the definition of, 
“costs order” to address drafting errors in the definition.  The new definition does not change the scope or meaning of the definition.
Clause 51 also inserts a new definition of “monetary order”.  This definition covers all types of orders involving money including orders for compensation and costs orders.
Clause 52.		Section 63 amended
Clause 52 of this Bill omits and replaces section 63(6) to clarify that the Tribunal can make monetary orders as to costs or compensation as a result of an undertaking made under section 63.  Such orders would then be enforced under new section 84. 
Clause 53.		Section 84 replaced 
Clause 53 of this Bill repeals section 84 of the Northern Territory Civil and Administrative Tribunal Act and replaces it with new enforcement provisions.
Proposed new section 84 provides for the enforcement of monetary orders of the Tribunal.  Proposed new section 84 provides that such orders are registrable and enforceable as an order of the relevant court of competent jurisdiction.  Currently the jurisdiction of the Local Court is $100,000.  Proposed new section 84 also sets out the documentation requirements and clarifies that registration or filing of Tribunal orders for enforcement does not attract a fee. 
Proposed new section 84A provides for the enforcement of non-monetary orders of the Tribunal.  Proposed new section 84A provides that such orders are registrable and enforceable as an order of the Local Court.  However, section 5 of the Northern Territory Civil and Administrative Tribunal Act allows for the Act conferring jurisdiction (the ‘relevant Act) to modify the operation of the Northern Territory Civil and Administrative Tribunal Act.  This means that there may be circumstances where the subject matter of Tribunal proceedings may be considered so complex or involve assets of such significant value that the relevant act may determine such orders would be more appropriately enforced in the Supreme Court.  
New section 84A also sets out the documentation requirements and clarifies that registration or filing of Tribunal orders for enforcement does not attract a fee.  Proposed new section 84A(5) expressly provides that section 23(2) of the Local Court Act does not apply to a Tribunal order filed in the Local Court.  This means that the Local Court is not able to amend, rescind or otherwise interfere with the integrity of Tribunal orders. 
Proposed new section 84B essentially replaces the existing offence provision at section 84(2)-(4) of the Northern Territory Civil and Administrative Tribunal Act, to preserve the existing ability for orders to also be enforced by way or prosecution.
Clause 54.		Section 86 amended
Clause 54 of the Bill amends section 86(2) which creates a limited defence to the offence of contempt of the Tribunal.  Section 86(2) currently provides that it is a defence if the defendant ‘establishes’ a reasonable excuse.  The use of the word ‘establishes’ in the context of the defence creates ambiguity as to whether the defendant has an evidential or legal burden in establishing the defence.  Generally the common law provides that such defences attract an evidential burden (unless a legal burden is clearly applied).  This means that the defendants need to only raise and provide evidence of the defence.  
A legal burden shifts the burden for establishing or proving the defence to the defendant.  However, the use of the word ‘establish’ is ambiguous as it does not clarify to what extent the defendant must ‘establish’ the defence.  
The policy intent for this offence is that the defence attracts the most common burden ie an evidentiary burden.  The use of the word ‘has’ rather than ‘establish’ clarifies this position so that the common law position (ie the evidentiary burden) clearly applies.  
Clause 55.		Section 90 amended
Clause 55 of the Bill amends section 90(4) which creates a limited defence to the offence of failing to comply with a summons issued by the Tribunal.  Section 90(4) currently provides that it is a defence if the defendant ‘establishes’ a reasonable excuse.  The use of the word ‘establishes’ in the context of the defence creates ambiguity as to whether the defendant has an evidential or legal burden in establishing the defence.  Generally the common law provides that such defences attract an evidential burden (unless a legal burden is clearly applied).  This means that the defendant needs to only raise and provide evidence of the defence.  A legal burden completely shifts the burden for establishing or proving the defence to the defendant. However, the use of the word ‘establish’ is ambiguous as it does not clarify to what extent the defendant must ‘establish’ the defence.  
The policy intent for this offence is that the defence attracts the most common burden ie an evidentiary burden.  The use of the word ‘has’ rather than ‘establish’ clarifies this position, so that the common law position (ie the evidentiary burden) clearly applies.  
Clause 56.		Section 93 amended
Clause 56 of the Bill amends section 93(4) which creates a limited defence to the offence of obstructing a person conducting an inspection ordered by the Tribunal.  Section 93(4) currently provides that it is a defence if the defendant ‘establishes’ a reasonable excuse. The use of the word ‘establishes’ in the context of the defence creates ambiguity as to whether the defendant has an evidential or legal burden in establishing the defence.  Generally the common law provides that such defences attract an evidential burden (unless a legal burden is clearly applied).  This means that the defendant needs to only raise and provide evidence of the defence.  A legal burden completely shifts the burden for establishing or proving the defence to the defendant. However, the use of the word ‘establish’ is ambiguous as it does not clarify to what extent the defendant must ‘establish’ the defence.  
The policy intent for this offence is that the defence attracts the most common burden ie an evidentiary burden.  The use of the word ‘has’ rather than ‘establish’ clarifies this position so that the common law position (ie the evidentiary burden) clearly applies.  
Clause 57.		Section 127 amended
Clause 57 of this Bill amends section 127 of the Northern Territory Civil and Administrative Tribunal Act by inserting a new note at the end of the section.  Section 127 currently sets out the parties to a proceeding.  The new note clarifies the effect of new section 140(1A) that, despite section 127, the Tribunal is not a party to a proceeding for a review of a decision of the Northern Territory Civil and Administrative Tribunal in the exercise of its original jurisdiction.
Clause 58.		Section 136 amended
Clause 58 of the Bill amends section 136(6) which creates a limited defence to the offence of failing to comply with a condition of a person’s release.  Section 136(6) currently provides that it is a defence if the defendant ‘establishes’ a reasonable excuse.  The use of the word ‘establishes’ in the context of the defence creates ambiguity as to whether the defendant has an evidential or legal burden in establishing the defence.  Generally the common law provides that such defences attract an evidential burden (unless a legal burden is clearly applied).  This means that the defendant needs to only raise and provide evidence of the defence.  A legal burden completely shifts the burden for establishing or proving the defence to the defendant. However, the use of the word ‘establish’ is ambiguous as it does not clarify to what extent the defendant must ‘establish’ the defence.  
The policy intent for this offence is that the defence attracts the most common burden ie an evidentiary burden.  The use of the word ‘has’ rather than ‘establish’ clarifies this position so that the common law position (ie the evidentiary burden) clearly applies.  
Clause 59.		Section 140 amended
Clause 59 of this Bill amends section 140 which relates to the Tribunal’s review jurisdiction.  Clause 63 inserts new subsection (1A) to create a regulation making power to exempt specified decisions of the Tribunal in the exercise of its original jurisdiction from being reviewed under section 140.  This is only intended to apply to appropriate decisions, for example, where the original decision must be made by a panel of the Tribunal or by one or more legal members.  It also cannot operate to exclude the appeal right to the Supreme Court as set out in section 141 of the Act.  
Clause 60.		Section 140A inserted
Clause 60 inserts new section 140A which provides for matters relating to the parties to a review of an original decision made by the Tribunal. 
New section 140A(1) clarifies that each person that is a party to a decision of the Tribunal is also a party for a proceeding for any review of that decision.  New subsection (2) also allows for the Tribunal to make orders as to who is not to be a party to a proceeding for a review of a decision in its original jurisdiction (noting that section 128 of the Act provides for the Tribunal to join additional parties).  
However, new subsection (3) clarifies that the Tribunal is not a party to a proceeding for a review of a decision of the Tribunal in its review jurisdiction. 
Clause 61		Part 8 inserted
Clause 61 of the Bill inserts new Part 8 into the Northern Territory Civil and Administrative Tribunal Act, which relates to transitional matters for the Justice Legislation Amendment Act 2015.  New section 156 provides that the new enforcement provisions under sections 84, 84A and 84B apply to orders made by the Tribunal prior to the commencement of the amending Act.  This means that orders made prior to commencement can be enforced as orders of the relevant court of competent jurisdiction.
Part 7			Amendment of Northern Territory Civil and					Administrative Tribunal Regulations
Clause 62.	Regulations amended
This clause provides for amendment to the Northern Territory Civil and Administrative Tribunal Regulations. 
Clause 63.		Regulation 6 inserted
The clause inserts new regulation 6 to exempt decisionsThe clause inserts new regulation 6 to exempt decisions  proposed new section 140(1A).  
This means that decisions made under these provisions are not subject to the review right under section 140 of the Northern Territory Civil and Administrative Tribunal Act.  The rationale for extending the exemption to such original decisions is that, under the Health Practitioners Act 
(which constitutes the Tribunal for the purposes of the National Law), the Tribunal must be constituted by 3 members including a legal member.  Such decisions are more appropriately reviewed by the Supreme Court, rather than being reconsidered by the Tribunal. 
Part 8		Amendment of Residential Tenancies Act
Clause 64.	Act amended
This clause provides that Part 8 amends the Residential Tenancies Act.
Clause 65.		Section 122 amended
Clause 65 of this Bill amends section 122 of the Residential Tenancies Act by omitting, from section 122(1) and 122(3), the word “Commissioner” and replacing that word with “Tribunal”, which confers review jurisdiction upon the Northern Territory Civil and Administrative Tribunal to hear complaints made under the Residential Tenancies Act.
Clause 66.		Section 170 amended
Clause 66 amends section 170 by omitting from section 170(1)(a) the words “(other than an application to the Commissioner under section 141 or 145)”.
Part 9	Expiry
Clause 67.	Expiry of Act
This is a standard clause which provides that the Justice Legislation Amendment Act 2015 expires the day after it commences.  As this is an amending Act, there is no need to retain the Act on the statute book, once all the amendments to other Acts have been effected.