Open law reform consultation - Draft copy

This page lists the issues and consultation papers and bills that are currently in consultation in the Northern Territory (NT).

To read more and find out how to have your say, click on the links below.

Current consultations:

Issues Paper: Proposed amendments to the Trespass Act

The Department of the Attorney-General and Justice is seeking comments and submissions from interested groups and the general public to a range of proposed amendments to the Trespass Act.

The proposed changes are in response to concerns being raised by businesses, the general public and other government agencies.

Some of the proposed changes include:

  • making enforcement more workable for private and commercial property owners, the NT Police and the general public
  • allowing property owners to give a direction to leave before an actual trespass occurs. Under the existing Act, people can only be asked to leave once they have trespassed
  • extending to up to six months the time that a direction to leave remains in effect and to allow a warning off notice to apply to more than one property
  • allowing police to issue a warning to stay off a property on behalf of an occupier and to give police the power to arrest or remove a person without having to give an additional warning.

Submissions or comments can be as short or as informal as an email or letter, or can be a more substantial document. They also do not have to address all aspects of the discussion paper or be confined to any of the proposed options discussed in the paper.

Discussion Paper – PDF version | Word version
Attachment A: Northern Territory Law Reform Committee – Report on the Trespass Act April 2013 – PDF version I Word version
Attachment B: Current Trespass Act as at April 2018 – PDF version I Word version

Issues Paper: Proposed amendments to the Trespass Act
Quick links

1 Introduction
2 Consultation

3 Current Position
3.1 Background
3.2 General observations
3.3 Criminal trespass in other Australian jurisdictions
3.4 Outline of the Trespass Act

4 Options for reform
4.1 Section 4 - definition of ‘occupier’
4.2 Penalties and compliance with Part IIAA of the Criminal Code
4.3 Possible amendments to section 7 of the Trespass Act
4.4 Possible amendments to section 8 of the Trespass Act
4.5 Section 10 – Police powers under the Trespass Act
4.6 Giving directions to leave or warnings to stay off to youths
4.7 Section 12 - Evidential provisions
4.8 Transfer of Summary Offences Act offences into the Trespass Act
4.9 Defences at section 13 of the Trespass Act

Making a comment
Closing date for comments and submissions is XXXXXXXXXXXXX

AGD prefers electronic copies. Send your comments and submissions to:

Email: Policy.AGD@nt.gov.au

Postal:
Director, Legal Policy
Department of the Attorney-General and Justice
GPO Box 1722
DARWIN  NT  0801

Legal Policy contact officer:
Mr Jonathan Avila
P: 08 8935 7668

Confidentiality of submissions
Any feedback or comment received by the Department will be treated as a public document unless clearly marked as ‘confidential’.
In the absence of such a clear indication, the Department will treat the feedback or comment as non-confidential.
Non-confidential feedback or comments are likely to be made publically available and published on the Department of the Attorney-General and Justice website.
The Department may also draw upon contents of this feedback or comments and quote from them or refer to them in reports, which may be made publically available.


Best practice review of workplace health and safety in the NT

The NT Government has begun a six month review of NT WorkSafe. Independent consultant Tim Lyons has been commissioned to conduct the review following his work with a similar review of the Queensland regulator. Mr Lyons will now work closely with a Territory reference group made up of industry, union and government nominees to look into strengthening NT WorkSafe’s policies, procedures and activities.

Terms of reference

Purpose

The purpose of this review is to undertake a comprehensive assessment of the effectiveness of NT WorkSafe’s policies, procedures and activities in communicating, administering and enforcing the compliance functions of Work Health and Safety Act and Work Health and Safety (National Uniform Legislation) Act as they relate to:

  • Inspections
  • Investigations
  • Prosecutions
  • Enforceable undertakings
  • Research
  • Strategy and policy development
  • Education and awareness sessions

This should be undertaken where possible, through benchmarking NT Worksafe with appropriate best practice safety regulators in other jurisdictions whilst taking into account the context in the Northern Territory.

Reviewer

The Reviewer is independent to government and will undertake the assessment. The Reviewer will work closely with an approved reference group comprising industry, union and government nominees.

Reference group

The reference group will comprise:

  • three union representatives
  • three industry representatives
  • two ex officio government nominees (one from Treasury and one from Education).

Scope

The scope of the review is to:

  1. determine the appropriateness and effectiveness of the current organisational structure, systems and processes in the administration of public safety and compliance.
  2. determine the effectiveness of NT WorkSafe’s compliance regime and enforcement activities (including inspection, investigations and prosecutions), dispute resolution processes and policy development.
  3. determine whether NT WorkSafe has the appropriate balance of regulation of safety (including prosecutions and enforcements) and education and awareness across the Northern Territory.
  4. identify any organisational, management, systems or cultural issues that may affect the organisation’s ability to operate in a best practice model for safety regulators.
  5. identify any capability gaps that may exist with current structural and staffing arrangements.
  6. identify any legislative gaps that may exist and proposed remedies.
  7. consider specific issues such as whether an offence of ‘gross negligence causing death’ should be introduced and whether current penalty levels under the current work health and safety laws act as a sufficient deterrent to non-compliance.
  8. examine any further measures that can be taken to discourage unsafe work practices, taking into account the national review.
  9. provide an opinion on improvements required in the organisation to achieve best practice for a safety regulator both now and into the future, ensuring those suggestions can be funded from and within current resources.

Timeframe

The Reviewer will have six months in which to conduct the review and provide a final report back to the Attorney-General and Minister for Justice.

Last updated: 18 May 2018