Northern Territory Second Reading Speeches

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PASTORAL LAND AMENDMENT BILL 1998

Bill presented and read a first time.

Mr PALMER (Primary Industry and Fisheries): Madam Speaker, I move that the bill be now a second time.

The purpose of this bill is to remove doubt regarding the eligibility of the Deputy Chairman of the Community Living Areas Tribunal to hold that office since he was also appointed as Chief Magistrate earlier this year. The bill is also intended to ensure the validity of any actions of the tribunal where they depend upon the validity of the Deputy Chairman’s tenure of office.

The Community Living Areas Tribunal was established under the former Crown Lands Act to consider and recommend on applications for Aboriginal community living areas within pastoral leases, in terms of a memorandum of agreement between the Territory and Commonwealth governments. The Pastoral Land Act, enacted in 1992, continued the tribunal under provisions identical with those in the former Crown Lands Act. Mr Hugh Bradley was appointed as Deputy Chairman of the tribunal on 26 0ctober 1994. On 9 March 1998, Mr Bradley was also appointed as Chief Magistrate. At that time it was agreed that Mr Bradley would continue as Deputy Chairman of the tribunal in addition to his new responsibilities.

Some doubt has arisen, because of the wording of the relevant provisions of the Pastoral Land Act, whether Mr Bradley’s continuation in the office of deputy chairman of the tribunal may have been invalidated by his appointment as Chief Magistrate. As a consequence, doubt also exists regarding the validity of actions of the tribunal where they have been dependent on the deputy chairman’s tenure of office. This doubt revolves around the requirement that in addition to having been enrolled as a legal practitioner of the High Court or the Supreme Court of a state or territory for not less than 10 years, the chairman and deputy chairman must be a person who is practising as a legal practitioner in the Territory. There is strong argument that a magistrate or judge is not practising as a legal practitioner.

It is imperative that the validity of Mr Bradley’s tenure, as Deputy Chairman of the Community Living Areas Tribunal, and likewise any dependent actions of the tribunal be put beyond doubt.

This bill would amend the principle act to spell out that the chairman or deputy chairman may be a person practising as a legal practitioner in the Territory, or a judge of the Supreme Court of the Northern Territory, or a magistrate. The bill would also ensure the validity of Mr Bradley’s tenure as deputy chairman from the date of his appointment as Chief Magistrate until the date this legislation comes into operation, and validate any actions by the tribunal which are dependent on his tenure of office during that period. I commend the bill to honourable members.

Debate adjourned.


 

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