JUSTICE AND OTHER LEGISLATION AMENDMENT BILL 2009 Explanatory Statement

Northern Territory Explanatory Statements

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JUSTICE AND OTHER LEGISLATION AMENDMENT BILL 2009

2009

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

Justice and Other Legislation Amendment Bill 2009
SERIAL NO. 34

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends various Acts within the Justice and Police portfolios.

The Construction Contracts (Security of Payments) Act is amended to ensure that the status of a disqualified adjudicator is certain under section 31(6) and that the disqualification of the adjudicator will not unfairly prejudice persons subject to the time limits imposed by section 28(1) of the Act.

The Legal Profession Act is amended such that an applicant for admission as a legal practitioner must provide an affidavit stating whether the applicant has been found to have engaged in academic dishonesty (such as plagiarism) and if so, provide details of such dishonesty.

The Police Administration Amendment Act 2007 and the Summary Offences Act is amended such that the maximum penalty for an offence under section 68A of the Summary Offences Act is an $11,000 fine or 2 years imprisonment. This requires Part 4 of the Police Administration Amendment Act 2007 to be repealed and the new maximum penalty to be specified in the Summary Offences Act.

Prisons (Correctional Services) Act is amended to accommodate section 26 and 27 of the Mutual Assistance in Criminal Matters Act 1987 (Cth) which would allow a Northern Territory prisoner to travel in custody to a foreign country to give evidence in proceedings or assist in an investigation.

The Public Trustee Act is amended to ensure that the Public Trustee can comply with a directive from Northern Territory Treasury (that those fees and commissions which are considered agency revenue must be receipted through the Cashier rather than be paid into the Public Trustee’s Dividend Account) without being technically in breach of section 14(3) of the Public Trustee Act.

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 2009.

Clause 2. Commencement.

The Bill will commence on the date fixed by the Administrator by Gazette notice.

PART 2 – AMENDMENT OF CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) ACT

Clause 3. Act amended

The Act amended in this part is the Construction of Contracts (Security of Payments) Act.

Clause 4. Amendment of section 27 (Who can apply for adjudication)

This clause amends section 27(a) of the Act to specify that the operation of section 27(a) is subject to that of section 31(6A) of the Act (in addition to section 39(2)). The effect of this amendment is that any party to a dispute arising under a construction contract can apply to have the matter adjudicated unless an application has already been made by a party. However, this is subject to whether the adjudicator is disqualified under section 31(6A) (in which case a further application for adjudication can be made) or where an application for adjudication is dismissed by an adjudicator, it does not prevent further application for adjudication being made under Part 3 of the Act.

Clause 5. Amendment of section 31 (Disqualification of adjudicator on grounds of conflict of interest).

This clause amends section 31(6) so that where a notice is given by the appointed adjudicator that he or she is disqualified from adjudicating the dispute (section 31(2)) or where notice is given by the Registrar that the adjudicator is disqualified (section 31(5)), the adjudicator’s appointment will terminate 5 working days after the date of the disqualification notice unless. This is unless, before the end of that 5 day period, each party has given written authority to the adjudicator to continue as the appointed adjudicator.

If the appointment of an adjudicator ends under subsection 31(6) the applicant can make a further application for adjudication under section 28 of the Act and in calculating the period within which the 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 previous 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, as calculated under the new subsection 6A(b), the applicant does not have at least 14 days to make the further application, the further application may be made within 14 days after the date on which the adjudicator’s appointment ends.

PART 3 – AMENDMENT OF LEGAL PROFESSION ACT

Clause 6. Act amended

The Act amended in this part is the Legal Profession Act.

Clause 7. Amendment of section 11 (Suitability matters)

This clause amends section 11 of the Act by inserting a new subsection 11(1)(g) which provides for a new ‘suitability matter’ which concerns whether a person has been found to have engaged in academic dishonesty (including, for example, plagiarism).

PART 4 – AMENDMENT OF POLICE ADMINISTRATION AMENDMENT ACT 2007

Clause 8. Act amended

The Act amended in this part is the Police Administration Amendment Act 2007.

Clause 9. Repeal of Part 4

This clause repeals Part 4 of the Act. This is consequential to the amendment to the Summary Offences Act contained in Clause 15.

PART 5 – AMENDMENT OF PRISONS (CORRECTIONAL SERVICES) ACT

Clause 10. Act amended

The Act amended in this part is the Prisons (Correctional Services) Act.

Clause 11. New Part XVII, Division 3

This clause amends the Act by inserting a new Division 3 into Part XVII to enable the Director of Correctional Services (“the Director”) to authorize, the release of a prisoner and give leave of absence to the prisoner for the purpose of traveling to the foreign country to give evidence at a proceeding or assistance in relation to an investigation. The authorisation and grant of leave of absence is to be made in writing and the Director may impose any conditions on the authorisation as the Director thinks fit.

The authorisation to release a prisoner only applies if, under section 26 or 27 of the Mutual Assistance in Criminal Matters Act 1987 (Cth), the Commonwealth Attorney-General makes arrangements for a prisoner to travel to a foreign country to give evidence at a proceeding relating to a criminal matter or provide assistance in relation to an investigation relating to a criminal matter.

This clause provides that the Director may, at any time, revoke or vary any conditions attaching to any leave of absence granted under Division 3.

This clause also provides that during a prisoner’s absence under these circumstances, the prisoner is taken to be in lawful custody and the term of the prisoner’s imprisonment continues to run.

PART 6 – AMENDMENT OF PUBLIC TRUSTEE ACT

Clause 12. Act amended

The Act amended in this part is the Public Trustee Act.

Clause 13. Amendment of section 14 (Accounts of Public Trustee)

This clause amends subsection 14(3) of the Act to require the Public Trustee must pay into the Public Trustee’s Dividend Account, any fees received under section 24A or 28 of the Act. These fees are management fees and levies charged by the Public Trustee against common funds managed by the Public Trustee. Common funds are established by the Public Trustee for the investment of estate and trust money under the control of the Public Trustee and for the investment of money on behalf of other classes of persons.

PART 7 – AMENDMENT OF SUMMARY OFFENCES ACT

Clause 14. Act amended

The Act amended in this part is the Summary Offences Act.

Clause 15. Amendment of section 68A (False reports to police)

This clause amends section 68A of the Act by substituting a new maximum penalty of $11,000 or imprisonment for 2 years for the offence of providing false statements to the police. This amendment is consequential to the amendment of the Police Administration Amendment Act 2007 referred to in Clause 9.

PART 8 – EXPIRY OF ACT

Clause 16. Expiry

This clause provides that the Act will expire on the day after it commences.

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