NT Civil and Administrative Tribunal Acts Assented and Established

The Northern Territory Civil and Administrative Tribunal has been effectively established through the assent of the 3 bills regarding establishment on 13 November 2014.

Background to the Bills

As previously mentioned by TimeBase, The Tribunal will be able to exercise both original and review jurisdiction (s 31).  The Northern Territory Civil and Administrative Tribunal Act 2014 (No. 28 of 2014) deals only with the establishment, composition and procedures of the Tribunal.

The Tribunal will also have the power to summon people to give evidence or to produce evidentiary material (s 89).  Failure to comply could result in a six-month term of imprisonment (s 90(1)).  The Tribunal will also have the power to enter and inspect property relevant to a proceeding  (s 93). The Tribunal may also order parties to partake in alternative dispute resolution proceedings (Division 4).

The conferral of jurisdiction is the subject of three other separate Acts - Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction for Native Title Matters) Act 2014 (No. 36 of 2014) deals with conferral of Native Title Jurisdiction while the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014 (No. 34 of 2014) and the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 (No. 35 of 2014) deal with all other jurisdictions.

Commencement

The establishment of the Tribunal has been confirmed with Act 28 of 2014 commencing on 6 October 2014 by gazette notice. Conferral of jurisdiction is yet to be proclaimed.

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NT Bills as reproduced in TimeBase LawOne