Ministerial Correspondence on Subordinate Legislation

(1)

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY

11th Assembly

Subordinate Legislation & Publications Committee

First Report of

Ministerial Correspondence on Subordinate Legislation

December 2008 – July 2011

COMMITTEE REPORT

August 2011

Presented and ordered to be printed

by the Legislative Assembly of the Northern Territory

August 2011

(2)

(3)

iii

C ^ontents

Chair’s Preface ... iv

Committee Secretariat ... vi

Committee Terms of Reference ... vii

1. MINISTERIAL CORRESPONDENCE ON SUBORDINATE LEGISLATION ... 1

16 of 2008: Public Transport (Passenger Safety) Regulations ... 2

18 of 2008: Local Government (Accounting) Regulations & 25 of 2008: Local Government (Administration) Regulations ... 4

23 of 2008: Legal Profession Admission Amendment Rule ... 7

24 of 2008: Local Government (Electoral) Regulations... 10

Charles Darwin University (Academic Board) By-laws 2009... 13

30 of 2008: Alice Springs (Animal Management By-laws) 2008 ... 18

9 of 2009: Transport Legislation Amendment (Alcohol Ignition Lock) Regulations... 23

12 of 2009: Care and Protection of Children (Children’s Services) Regulations 2009 ... 27

21 of 2009: Unit Title Schemes (Management Modules) Regulations ... 30

22 of 2009: Unit Titles (Management Modules) Regulations ... 32

23 of 2009: Livestock Regulations... 36

25 of 2009: Planning Amendment Regulations (No. 2) 2009 – Regulations... 40

26 of 2009: Public Interest Disclosure Regulations... 46

27 of 2009: Volatile Substance Abuse Prevention Amendment... 50

29 of 2009: Geothermal Energy Regulation ... 54

33 of 2009: Cross Border Justice Regulation... 56

35 of 2009: Education (Non-Government Schools) Regulation ... 61

36 of 2009: Darwin Waterfront Corporation Regulations... 64

4 of 2010: Care and Protection of Children (Mediation Conferences) Regulations ... 69

15 of 2010: Darwin Waterfront Corporation By-laws ... 73

18 of 2010: Alice Springs (Management of Public Places) ... 92

19 of 2010: Care and Protection of Children (Placement Arrangement) Regulations ... 98

26 of 2010: Construction Contracts (Security of Payments) Amendment Regulations... 100

Appendix A: List of Ministerial Correspondence on Subordinate Legislation 103

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iv

C hair’s Preface

It has long been the practice of the Subordinate Legislation and Publications

Committee to raise with Ministers questions and issues arising from its examination of subordinate legislation tabled in the Assembly. Previously, however, the results of the Committee’s examination and the Ministers’ responses have not been published.

This report puts that correspondence on the public record. The Committee intends to continue to periodically publish this correspondence.

Rules, regulations and by-laws affect people in their day to day lives and it is important that the Assembly maintains a sufficient level of public scrutiny to ensure that they keep within the purpose and intention of the laws under which they are made and do not unduly affect people’s rights. The publication of the Committee’s correspondence with Ministers lets the public see the issues the Committee has raised and the responses and clarifications from Ministers.

The Committee acknowledges the responsiveness of Ministers and officers to the Committee’s queries and is grateful for their work in responding to the Committee.

The Committee also acknowledges the significant contribution made by its legal counsel, Professor Ned Aughterson, and thanks him for his diligent work in advising the Committee.

I also thank the Members of the Committee for their efforts and collegiate approach in seeking to ensure a high standard or rules and regulations in the Northern Territory.

Michael Gunner MLA

Chair

(5)

v

C ommittee Members

Mr. Michael GUNNER, MLA Member for Fannie Bay

Party: Australian Labor Party Parliamentary Position: Government Whip Committee Membership:

Standing: Public Accounts; Estimates; Subordinate Legislation and Publications; Legal and Constitutional Affairs;

Standing Orders; Members' Interests Sessional: Environment and Sustainable Development

Chair: Public Accounts; Estimates, Subordinate Legislation and Publications

Mr Ross BOHLIN, MLA Member for Drysdale

Party: Country Liberal Party Committee Membership:

Standing: House, Subordinate Legislation and Publications

Mr Adam GILES, MLA Member for Braitling

Party: Country Liberal Party Committee Membership:

Standing: Subordinate Legislation and Publications

Ms. Marion SCRYMGOUR, MLA Member for Arafura

Party: Australian Labor Party Committee Membership:

Standing: House; Public Accounts, Estimates, Subordinate Legislation and Publications, Legal and

Constitutional Affairs;

Sessional: Environment and Sustainable Development;

Council of Territory Co-operation

Chair: Environment and Sustainable Development Other: NT Constitutional Convention Committee Ms. Lynne WALKER, MLA

Member for Nhulunbuy

Party: Australian Labor Party Committee Membership:

Standing: House, Public Accounts, Estimates Subordinate Legislation and Publications

Sessional: Environment and Sustainable Development, Council

of Territory Co-operation

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vi

C ommittee Secretariat

Committee Secretary: Mr Russell Keith (from 30 November 2010 Mr Graham Gadd (until 29 November 2010)

Research Officer: Ms Maria Viegas

Administrative Assistants: Mrs Pauline Lewis (10 February to 12 August 2011) Ms Lauren Copley

Ms Kim Cowcher

Contact Details: GPO Box 3721 DARWIN NT 0801

Tel: +61 8 8946 1429

Fax: +61 8 8946 1420

email: [email protected]

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vii

C ommittee Terms of Reference

Standing Order 20

1. A Standing Committee on Subordinate Legislation and Publications to consist of five Members shall be appointed at the commencement of each Assembly. The Committee shall examine and report upon all instruments of a legislative or administrative character and other papers which are required by statute to be laid upon the Table.

2. The Committee shall, with respect to any instrument of a legislative or

administrative character which the Legislative Assembly may disallow or disapprove, consider -

(a) whether the instrument is in accordance with the general objects of the law pursuant to which it is made;

(b) whether the instrument trespasses unduly on personal rights or liberties;

(c) whether the instrument unduly makes rights and liberties of citizens dependent upon administrative and not upon judicial decisions;

(d) whether the instrument contains matter which in the opinion of the committee should properly be dealt with in an Act;

(e) whether the instrument appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;

(f) whether there appears to have been unjustifiable delay in the publication or laying of the instrument before the Assembly; and

(g) whether for any special reason the form or purport of the instrument calls for elucidation.

3. The Committee, if it is of the opinion that an instrument ought to be disallowed or disapproved -

(a) shall report that opinion and the grounds thereof to the Assembly before the end of the period during which any notice of the motion for disallowance of that instrument may be given to the Assembly; and

(b) if the Assembly is not sitting, may refer its opinion and the grounds thereof to the authority by which the instrument was made.

For the purposes of these Standing Orders, "instrument of a legislative or

administrative character" has the same meaning as that defined in the Interpretation Act .

4. The Committee, if it is of the opinion that any matter relating to any paper which is laid upon the Table of the Assembly should be brought to the notice of the Assembly, may report that opinion and matter to the Assembly.

5. All petitions and papers presented to the Assembly which have not been ordered to be printed shall stand referred to the Committee, which shall report from time to time as to what petitions and papers ought to be printed and whether wholly or in part.

6. The Committee shall inquire into and report, from time to time, on the printing,

publication and distribution of publications or such other matters as are referred to it

by the Speaker or the Assembly.

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viii

7. The Committee shall have power to send for persons, papers and records, to sit in public or private session notwithstanding any adjournment of the Assembly and to adjourn from place to place.

8. The Committee have the power to consider, disclose and publish the Minutes of

Proceedings, evidence taken and records of the Subordinate Legislation, Tabled

Papers Committees and Publications Committees established in this Assembly and

all previous Assemblies.

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1 1. MINISTERIAL CORRESPONDENCE ON SUBORDINATE LEGISLATION

After examining subordinate legislation tabled and receiving advice from its legal

counsel, the Committee may raise any questions or issues of concern with the

responsible Minister. These letters, and the Ministers’ replies, are set out below.

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Ministerial Correspondence on Subordinate Legislation

2 16 of 2008: Public Transport (Passenger Safety) Regulations

(11)

16 of 2008: Public Transport (Passenger Safety) Regulations

3

(12)

4 18 of 2008: Local Government (Accounting) Regulations &

25 of 2008: Local Government (Administration) Regulations

(13)

18 of 2008: Local Government (Accounting) Regulations &

25 of 2008: Local Government (Administration) Regulations

5

(14)

6

(15)

23 of 2008: Legal Profession Admission Amendment Rule

7 23 of 2008: Legal Profession Admission Amendment Rule

(16)

8

(17)

23 of 2008: Legal Profession Admission Amendment Rule

9

(18)

10 24 of 2008: Local Government (Electoral) Regulations

(19)

24 of 2008: Local Government (Electoral) Regulations

11

(20)

12

(21)

Charles Darwin University (Academic Board) By-laws 2009

13 Charles Darwin University (Academic Board) By-laws 2009

(22)

14

(23)

15

(24)

16

(25)

17

(26)

18 30 of 2008: Alice Springs (Animal Management By-laws) 2008

(27)

30 of 2008: Alice Springs (Animal Management By-laws) 2008

19

(28)

20

(29)

30 of 2008: Alice Springs (Animal Management By-laws) 2008

21

(30)

22

(31)

9 of 2009: Transport Legislation Amendment (Alcohol Ignition Lock) Regulations

23 9 of 2009: Transport Legislation Amendment (Alcohol Ignition

Lock) Regulations

(32)

24

(33)

9 of 2009: Transport Legislation Amendment (Alcohol Ignition Lock) Regulations

25

(34)

26

(35)

12 of 2009: Care and Protection of Children (Children’s Services) Regulations 2009

27 12 of 2009: Care and Protection of Children (Children’s

Services) Regulations 2009

(36)

28

(37)

12 of 2009: Care and Protection of Children (Children’s Services) Regulations 2009

29

(38)

30 21 of 2009: Unit Title Schemes (Management Modules)

Regulations

(39)

21 of 2009: Unit Title Schemes (Management Modules) Regulations

31

(40)

32 22 of 2009: Unit Titles (Management Modules) Regulations

(41)

22 of 2009: Unit Titles (Management Modules) Regulations

33

(42)

34

(43)

22 of 2009: Unit Titles (Management Modules) Regulations

35

(44)

36 23 of 2009: Livestock Regulations

(45)

23 of 2009: Livestock Regulations

37

(46)

38

(47)

23 of 2009: Livestock Regulations

39

(48)

40 25 of 2009: Planning Amendment Regulations (No. 2) 2009 –

Regulations

(49)

25 of 2009: Planning Amendment Regulations (No. 2) 2009 – Regulations

41

(50)

42

(51)

43

(52)

44

(53)

45 `

(54)

46 26 of 2009: Public Interest Disclosure Regulations

(55)

26 of 2009: Public Interest Disclosure Regulations

47

(56)

48

(57)

26 of 2009: Public Interest Disclosure Regulations

49

(58)

50 27 of 2009: Volatile Substance Abuse Prevention Amendment

(59)

27 of 2009: Volatile Substance Abuse Prevention Amendment

51

(60)

52

(61)

27 of 2009: Volatile Substance Abuse Prevention Amendment

53

(62)

54 29 of 2009: Geothermal Energy Regulation

(63)

29 of 2009: Geothermal Energy Regulation

55

(64)

56 33 of 2009: Cross Border Justice Regulation

(65)

33 of 2009: Cross Border Justice Regulation

57

(66)

58

(67)

33 of 2009: Cross Border Justice Regulation

59

(68)

60

(69)

35 of 2009: Education (Non-Government Schools) Regulation

61 35 of 2009: Education (Non-Government Schools) Regulation

(70)

62

(71)

35 of 2009: Education (Non-Government Schools) Regulation

63

(72)

64 36 of 2009: Darwin Waterfront Corporation Regulations

(73)

36 of 2009: Darwin Waterfront Corporation Regulations

65

(74)

66

(75)

36 of 2009: Darwin Waterfront Corporation Regulations

67

(76)

68

(77)

4 of 2010: Care and Protection of Children (Mediation Conferences) Regulations

69 4 of 2010: Care and Protection of Children (Mediation

Conferences) Regulations

(78)

70

(79)

4 of 2010: Care and Protection of Children (Mediation Conferences) Regulations

71

(80)

72

(81)

15 of 2010: Darwin Waterfront Corporation By-laws

73 15 of 2010: Darwin Waterfront Corporation By-laws

(82)

74

(83)

75

(84)

76

(85)

77

(86)

78

(87)

79

(88)

80

(89)

81

(90)

82

(91)

83

(92)

84

(93)

85

(94)

86

(95)

87

(96)

88

(97)

89

(98)

90

(99)

91

(100)

92 18 of 2010: Alice Springs (Management of Public Places)

(101)

18 of 2010: Alice Springs (Management of Public Places)

93

(102)

94

(103)

95

(104)

96

(105)

97

(106)

98 19 of 2010: Care and Protection of Children (Placement

Arrangement) Regulations

(107)

19 of 2010: Care and Protection of Children (Placement Arrangement) Regulations

99

(108)

100 26 of 2010: Construction Contracts (Security of Payments)

Amendment Regulations

(109)

26 of 2010: Construction Contracts (Security of Payments) Amendment Regulations

101

(110)

(111)

103 Appendix A: List of Ministerial Correspondence on Subordinate Legislation

No. Title of Regulation/Bylaw Minister Letter to Minister

Minister’s Response

16 of 2008 Public Transport (Passenger

Safety) Regulations

Infrastructure and Transport

1/12/2008 12/1/09 18 & 25 of

2008

Local Government (Accounting) Regulations

Local Government

1/12/2008 undated 23 of 2008 Legal Profession Admission

Amendment Rule

Justice and Attorney General

1/12/2008 22/12/08 24 of 2008 Local Government (Electoral)

Regulations

Local Government

1/12/2008 undated 30 of 2008 Alice Springs (Animal

Management By-laws 2008

Local Government

May 2009 16/6/2009 31/7/2009 2009 Charles Darwin University

(Academic Board) By-laws 2009

Education and Training

May 2009 10/6/2009 10/8/2009 9 of 2009 Transport Legislation

Amendment (Alcohol Ignition Locks) Regulations

Transport Jan 2010 2/3/2010

12 of 2009 Care and Protection of Children (Children’s Services)

Regulations

Child Protection Jan 2010 22/2/2010

21 of 2009 Unit Titles Schemes (Management Modules) Regulations

Justice and Attorney General

Jan 2010 Feb 2010

22 of 2009 Unit Titles Schemes (Management Modules) Regulations

Justice and Attorney General

Jan 2010 2/2/2010

23 of 2009 Livestock Regulations Primary Industry, Fisheries and Wildlife

Jan 2010 9/2/2010

25 of 2009 Planning Amendment Regulations (No. 2) 2009

Lands and Planning

20/7/2010 19/8/2010 10/12/2010 26 of 2009 Public Interest Disclosure

Regulations

Justice and Attorney General

Jan 2010 4/3/2010 27 of 2009 Volatile Substance Abuse

Prevention Amendment Reg

Health April 2010 9/7/2010

29 of 2009 Geothermal Energy Regulation Primary Industry, Fishers & Wildlife

April 2010 8/6/2010 33 of 2009 Cross Border Justice

Regulation

Justice and Attorney General

April 2010 21/7/2010 35 of 2009 Education (Non-Government

Schools) Regulation

Education and Training

April 2010 3/6/2010 36 of 2009 Darwin Waterfront Corporation

Regulations

Chief Minister April 2010 4/6/2010 4 of 2010 Care and Protection of Children

(Mediation Conferences) Regulations

Child Protection 14/11/2010 30/11/2010

15 of 2010 Darwin Waterfront Corporation By-laws

Justice and Attorney General

14/11/2010 25/11/2010 18 of 2010 Alice Springs (Management of

Public Places)

Local Government

14/11/2010 11/4/2011 19 of 2010 Care and Protection of Children

(Placement Arrangement) Regulations

Child Protection 1/12/2010 14/1/2011

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Ministerial Correspondence on Subordinate Legislation

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY

11th Assembly

Subordinate Legislation & Publications Committee

First Report of

Ministerial Correspondence on Subordinate Legislation

December 2008 – July 2011

COMMITTEE REPORT

August 2011

Presented and ordered to be printed

by the Legislative Assembly of the Northern Territory

August 2011

iii

C ontents

Chair’s Preface ... iv

Committee Secretariat ... vi

Committee Terms of Reference ... vii

1. MINISTERIAL CORRESPONDENCE ON SUBORDINATE LEGISLATION ... 1

16 of 2008: Public Transport (Passenger Safety) Regulations ... 2

18 of 2008: Local Government (Accounting) Regulations & 25 of 2008: Local Government (Administration) Regulations ... 4

23 of 2008: Legal Profession Admission Amendment Rule ... 7

24 of 2008: Local Government (Electoral) Regulations... 10

Charles Darwin University (Academic Board) By-laws 2009... 13

30 of 2008: Alice Springs (Animal Management By-laws) 2008 ... 18

9 of 2009: Transport Legislation Amendment (Alcohol Ignition Lock) Regulations... 23

12 of 2009: Care and Protection of Children (Children’s Services) Regulations 2009 ... 27

21 of 2009: Unit Title Schemes (Management Modules) Regulations ... 30

22 of 2009: Unit Titles (Management Modules) Regulations ... 32

23 of 2009: Livestock Regulations... 36

25 of 2009: Planning Amendment Regulations (No. 2) 2009 – Regulations... 40

26 of 2009: Public Interest Disclosure Regulations... 46

27 of 2009: Volatile Substance Abuse Prevention Amendment... 50

29 of 2009: Geothermal Energy Regulation ... 54

33 of 2009: Cross Border Justice Regulation... 56

35 of 2009: Education (Non-Government Schools) Regulation ... 61

36 of 2009: Darwin Waterfront Corporation Regulations... 64

4 of 2010: Care and Protection of Children (Mediation Conferences) Regulations ... 69

15 of 2010: Darwin Waterfront Corporation By-laws ... 73

18 of 2010: Alice Springs (Management of Public Places) ... 92

19 of 2010: Care and Protection of Children (Placement Arrangement) Regulations ... 98

26 of 2010: Construction Contracts (Security of Payments) Amendment Regulations... 100

Appendix A: List of Ministerial Correspondence on Subordinate Legislation 103

iv

C hair’s Preface

It has long been the practice of the Subordinate Legislation and Publications

Committee to raise with Ministers questions and issues arising from its examination of subordinate legislation tabled in the Assembly. Previously, however, the results of the Committee’s examination and the Ministers’ responses have not been published.

This report puts that correspondence on the public record. The Committee intends to continue to periodically publish this correspondence.

The Committee acknowledges the responsiveness of Ministers and officers to the Committee’s queries and is grateful for their work in responding to the Committee.

The Committee also acknowledges the significant contribution made by its legal counsel, Professor Ned Aughterson, and thanks him for his diligent work in advising the Committee.

I also thank the Members of the Committee for their efforts and collegiate approach in seeking to ensure a high standard or rules and regulations in the Northern Territory.

Michael Gunner MLA

Chair

v

C ommittee Members

vi

C ommittee Secretariat

Committee Secretary: Mr Russell Keith (from 30 November 2010 Mr Graham Gadd (until 29 November 2010)

Research Officer: Ms Maria Viegas

Administrative Assistants: Mrs Pauline Lewis (10 February to 12 August 2011) Ms Lauren Copley

Ms Kim Cowcher

Contact Details: GPO Box 3721 DARWIN NT 0801

Tel: +61 8 8946 1429

Fax: +61 8 8946 1420

email: [email protected]

vii

C ommittee Terms of Reference

Standing Order 20

2. The Committee shall, with respect to any instrument of a legislative or

administrative character which the Legislative Assembly may disallow or disapprove, consider -

(a) whether the instrument is in accordance with the general objects of the law pursuant to which it is made;

(b) whether the instrument trespasses unduly on personal rights or liberties;

(c) whether the instrument unduly makes rights and liberties of citizens dependent upon administrative and not upon judicial decisions;

(d) whether the instrument contains matter which in the opinion of the committee should properly be dealt with in an Act;

(e) whether the instrument appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;

(f) whether there appears to have been unjustifiable delay in the publication or laying of the instrument before the Assembly; and

(g) whether for any special reason the form or purport of the instrument calls for elucidation.

3. The Committee, if it is of the opinion that an instrument ought to be disallowed or disapproved -

(a) shall report that opinion and the grounds thereof to the Assembly before the end of the period during which any notice of the motion for disallowance of that instrument may be given to the Assembly; and

(b) if the Assembly is not sitting, may refer its opinion and the grounds thereof to the authority by which the instrument was made.

For the purposes of these Standing Orders, "instrument of a legislative or

C ^ontents