{"id":"community-justice-centre-act-2005","name":"Community Justice Centre Act 2005","slug":"community-justice-centre-act-2005","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29928,"registerId":"nt-community-justice-centre-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Community Justice Centre Act 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nCOMMUNITY JUSTICE CENTRE ACT 2005\nAs in force at 3 February 2020\nTable of provisions\nPart 1 Introduction\nDivision 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objects ............................................................................................ 1\n4 Act binds Crown .............................................................................. 1\nDivision 2 Interpretation\n5 Definitions ........................................................................................ 1\n6 Disputes and parties to disputes...................................................... 3\nPart 2 Northern Territory Community Justice\nCentre\n7 Establishment .................................................................................. 3\n8 Centre's purposes ............................................................................ 3\n9 Director ............................................................................................ 3\n10 Mediators ......................................................................................... 4\n11 Delegation ....................................................................................... 4\n12 Use of certain words ........................................................................ 4\nPart 3 Mediation\n13 Provision of services ........................................................................ 4\n14 Termination of services ................................................................... 5\n15 Mediation sessions .......................................................................... 5\n16 Mediations must be voluntary .......................................................... 5\n17 Representative of party ................................................................... 6\nPart 4 Adjudication\n18 Interpretation ................................................................................... 6\n19 Director taken to be prescribed appointer ........................................ 7\n20 When Director may act .................................................................... 7\n21 Liability for lodgment fee .................................................................. 8\n22 Power of adjudicator ........................................................................ 8\n23 Costs of adjudication ....................................................................... 9\n\nCommunity Justice Centre Act 2005 ii\nPart 5 Community Justice Consultative Council\n24 Establishment .................................................................................. 9\n25 Functions ....................................................................................... 10\n26 Guidelines...................................................................................... 10\n27 Complaint ...................................................................................... 11\n28 Direction ........................................................................................ 11\n29 Delegation ..................................................................................... 11\n30 Committee ..................................................................................... 12\nPart 6 Administration\n31 Approved form ............................................................................... 12\n32 Review ........................................................................................... 12\n33 Protection from liability .................................................................. 13\n34 Protection of information ................................................................ 13\n35 Privilege for defamation ................................................................. 13\n36 Secrecy.......................................................................................... 14\n37 Confidentiality agreement .............................................................. 15\n38 Appointments may be made despite other Act .............................. 15\n39 Annual report ................................................................................. 16\n40 Regulations.................................................................................... 16\nPart 7 Transitional matters for Community\nJustice Centre Act 2005\n41 Savings .......................................................................................... 16\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 3 February 2020\n____________________\nCOMMUNITY JUSTICE CENTRE ACT 2005\nAn Act to establish the Northern Territory Community Justice Centre,\nand for related purposes\nPart 1 Introduction\nDivision 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Community Justice Centre Act 2005.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Objects\nThe objects of this Act are as follows:\n(a) to promote mediation as a way of resolving disputes;\n(b) to facilitate the provision of adjudication under the\nConstruction Contracts (Security of Payments) Act 2004.\n4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nDivision 2 Interpretation\n5 Definitions\nIn this Act:\napproved form means a form approved under section 31.\n\nPart 1 Introduction\nDivision 2 Interpretation\nCommunity Justice Centre Act 2005 2\nCentre means the Northern Territory Community Justice Centre\nestablished by section 7.\nCentre employee, see section 9(5)(b).\nCEO means the Chief Executive Officer.\nCommittee means a committee established under section 30.\nCommittee member means a member of a Committee.\nCouncil means the Community Justice Consultative Council\nestablished by section 24.\nCouncil member means a member of the Council.\nDirector means the person holding or occupying the office of\nDirector mentioned in section 9.\ndispute, see section 6(1).\nGuidelines means the policy guidelines made and in force under\nsection 26.\nmediation service means any of the following services in relation\nto a dispute:\n(a) the conducting of mediation sessions for the dispute;\n(b) any other services relating to the mediation sessions.\nmediation session includes any steps taken by a mediator:\n(a) to arrange for the mediation of a dispute; or\n(b) for the mediation of a dispute; or\n(c) for any follow-up for the mediation of a dispute.\nmediator means:\n(a) the Director; or\n(b) a person engaged as a mediator under section 10.\nparties for:\n(a) a dispute – see section 6; or\n(b) a mediation session – means the parties to the dispute to\nwhich the session relates.\n\nPart 2 Northern Territory Community Justice Centre\nCommunity Justice Centre Act 2005 3\npurposes of the Centre means the purposes mentioned in\nsection 8.\n6 Disputes and parties to disputes\n(1) There is a dispute on a matter if 2 or more persons are in\ndisagreement on the matter (whether or not any negotiations on the\nmatter are in progress).\n(2) Those persons are parties to the dispute.\nPart 2 Northern Territory Community Justice Centre\n7 Establishment\nThe Northern Territory Community Justice Centre is established.\n8 Centre's purposes\nThe Centre is established for the following purposes:\n(a) to provide mediation services;\n(b) to carry out other functions as provided by any other Act.\n9 Director\n(1) There is to be a Director of the Centre.\n(2) The Director must be appointed by the CEO.\n(3) The Director must be a public sector employee.\n(4) The Director must:\n(a) having regard to the Guidelines, exercise powers and perform\nfunctions for the purposes of the Centre; and\n(b) exercise powers and perform functions under the Construction\nContracts (Security of Payments) Act 2004 as provided by\nPart 4 of this Act.\n(5) The Director may be assisted by the following persons for\nsubsection (4)(a):\n(a) a mediator;\n(b) a person (a Centre employee) who:\n(i) is not a mediator; and\n\nPart 3 Mediation\nCommunity Justice Centre Act 2005 4\n(ii) is a public sector employee; and\n(iii) is employed for the purposes of the Centre.\n(6) The Director may be assisted by a Centre employee for\nsubsection (4)(b).\n10 Mediators\n(1) The Director must engage one or more mediators for the provision\nof mediation services by the Centre.\n(2) A mediator must be:\n(a) a public sector employee; or\n(b) a person engaged on conditions approved by the CEO.\n(3) Each mediator (including the Director) must hold the prescribed\nqualifications for a mediator.\n11 Delegation\n(1) The Director may delegate any of the Director's powers or functions\n(other than powers or functions arising from Part 4) to:\n(a) a mediator; or\n(b) a Centre employee.\n(2) The delegation must be in writing.\n12 Use of certain words\n(1) The words \"Community Justice Centre\" must not be used in the\nname of an organisation other than the Centre.\n(2) A person must not contravene subsection (1).\nMaximum penalty: 100 penalty units.\nPart 3 Mediation\n13 Provision of services\n(1) The parties to a dispute may apply to the Director for the provision\nof mediation services for the dispute.\n(2) The application must be made in the approved form.\n\nPart 3 Mediation\nCommunity Justice Centre Act 2005 5\n(3) The Director must, having regard to the Guidelines, accept or\nrefuse the application.\n(4) Mediation service may only be provided for the dispute if the\nDirector accepts the application.\n14 Termination of services\nMediation services provided for a dispute may be terminated at any\ntime by any of the following:\n(a) a party to the dispute;\n(b) the Director;\n(c) a mediator providing the services.\n15 Mediation sessions\n(1) A mediation session must be conducted:\n(a) by one or more mediators; and\n(b) in accordance with any directions given by the Director.\n(2) A mediator must have regard to the Guidelines in conducting the\nsession.\n(3) The rules of evidence do not apply in relation to the session.\n(4) A mediator must not engage in the adjudication or arbitration of a\ndispute in the session.\n(5) Except with the permission of the Director or in accordance with\nsection 17, a person other than a party to the dispute must not\nparticipate in the session.\n(6) Without limiting subsection (5), the Director may permit a person\nnominated by a party to the dispute to be present during the\nsession for providing support to that party.\n(7) Mediation sessions must be conducted with:\n(a) as little formality and technicality as possible; and\n(b) as much expedition as possible.\n16 Mediations must be voluntary\n(1) The attendance of a party at a mediation session must be\nvoluntary.\n\nPart 4 Adjudication\nCommunity Justice Centre Act 2005 6\n(2) The party may withdraw from the session at any time.\n(3) Except in relation to any agreement arising from the session, the\nsession does not:\n(a) affect any rights of the party; or\n(b) create any obligations that bind the party.\n17 Representative of party\n(1) A party to a mediation session that is a body corporate may be\nrepresented during the session by:\n(a) if the body corporate is a corporation as defined in section 57A\nof the Corporations Act 2001 – an officer of the corporation; or\n(b) otherwise – a person nominated by the body corporate.\n(2) A person must not be a representative under this section if the\nperson contravenes a requirement specified by the Director for this\nsection.\nPart 4 Adjudication\n18 Interpretation\n(1) In this Part:\nadjudicator means a person appointed by the Director to\nadjudicate a payment dispute for Part 3 of the CCSP Act.\nCCSP Act means the Construction Contracts (Security of\nPayments) Act 2004.\nlodgment fee means the lodgment fee mentioned in section 20.\n(2) The following terms have the same meanings in this Part as in the\nCCSP Act:\nadjudication\nappointed adjudicator\nconstruction contract\nparty\npayment claim\n\nPart 4 Adjudication\nCommunity Justice Centre Act 2005 7\npayment dispute\nprescribed appointer\nregistered adjudicator\nworking day.\n19 Director taken to be prescribed appointer\nSubject to this Part, the CCSP Act has effect as if the Director were\na prescribed appointer for that Act.\n20 When Director may act\n(1) This section applies if a party to a construction contract serves a\nwritten application for the adjudication of a payment dispute on the\nDirector under section 28 of the CCSP Act.\n(2) The Director must do each of the things mentioned in\nsection 30(1)(a), (b) and (c) of the CCSP Act within 5 working days\nafter being served with that application if:\n(a) the Director is satisfied the amount of the payment claim for\nthe dispute is less than the amount prescribed by regulation;\nand\n(b) one or more of the parties to the contract have paid to the\nDirector the lodgment fee for the adjudication within those\n5 working days.\n(3) For subsection (2), the amount of the lodgment fee is:\n(a) $500; or\n(b) if another amount is prescribed by the Regulations – that\namount.\n(4) The Director may, for section 30(1)(a) of the CCSP Act, appoint a\nperson who is not a registered adjudicator to adjudicate the\npayment dispute if the Director is satisfied:\n(a) the person has qualifications and experience relating to\nadjudication (whether or not they are qualifications and\nexperience prescribed for section 52 of the CCSP Act); and\n(b) the payment dispute is of a nature that may be adjudicated by\nthe person.\n\nPart 4 Adjudication\nCommunity Justice Centre Act 2005 8\n(5) The CCSP Act has effect in relation to the adjudication as if the\nperson were a registered adjudicator.\nNote for subsection (5):\nThis means, for example, the Registrar under the CCSP Act must make available\nfor public inspection the result or a report of a decision by the person under\nsection 54 of that Act.\n(6) Subject to this Part, an adjudicator to whom the application is sent\nunder section 30(1)(b) of the CCSP Act is taken to be an appointed\nadjudicator for that Act.\n(7) If the requirements in subsection (2)(a) and (b) are not satisfied in\nrelation to the application:\n(a) the Director must not do any of the things mentioned in\nsection 30(1)(a), (b) and (c) of the CCSP Act for that\napplication; and\n(b) section 30(2) and (3) of the CCSP Act applies.\n21 Liability for lodgment fee\n(1) Each party to an adjudication conducted by an adjudicator is liable\nto pay an equal share of the lodgment fee.\n(2) If a party (the first party) has paid more than the party's equal\nshare of the fee, the adjudicator may decide that another party must\npay to the first party an amount that would result in all the parties\npaying an equal share of the fee.\n(3) If the adjudicator makes a decision under subsection (2):\n(a) the adjudicator must include in the decision the date on which\nthe amount is payable; and\n(b) Part 3, Divisions 4 and 5 of the CCSP Act apply (with the\nnecessary changes) to the decision as if it were a\ndetermination of an appointed adjudicator.\n22 Power of adjudicator\n(1) An adjudicator must not make a determination for a payment\ndispute under section 33(1)(b) of the CCSP Act that would result in\nthe total of the amount to be paid, and the security to be returned,\nfor the dispute equal to the amount prescribed by regulation or\nmore.\n\nPart 5 Community Justice Consultative Council\nCommunity Justice Centre Act 2005 9\n(2) To avoid doubt, the total of the amount to be paid, and the security\nto be returned, for the dispute does not include any interest payable\nunder section 35 of the CCSP Act.\n23 Costs of adjudication\n(1) Section 46 of the CCSP Act does not apply in relation to an\nadjudication arising because of this Part.\n(2) Section 55 of the CCSP Act does not apply to:\n(a) the Director; or\n(b) an adjudicator.\nPart 5 Community Justice Consultative Council\n24 Establishment\n(1) The Community Justice Consultative Council is established.\n(2) The Council consists of 7 members appointed by the Minister.\n(3) Subject to subsection (4) and the Regulations, the Council may\ndetermine the procedures for its meetings.\n(4) At a meeting of the Council, 4 members constitute a quorum.\n(5) To avoid doubt, the Public Sector Employment and Management\nAct 1993 does not apply in relation to the appointment of a Council\nmember.\n(6) The Regulations may make provision, consistent with this Act,\nabout any of the following:\n(a) the appointment of Council members (including the\nnomination of persons to be appointed as Council members);\n(b) the appointment of a Council member as the Chairperson, or\nthe Deputy Chairperson, of the Council;\n(c) the term of the office of a Council member;\n(d) the vacation of the office of a Council member;\n(e) meetings of the Council;\n(f) any other matters about the Council.\n\nPart 5 Community Justice Consultative Council\nCommunity Justice Centre Act 2005 10\n25 Functions\nThe functions of the Council are:\n(a) to make Guidelines under section 26; and\n(b) to deal with a complaint under section 27; and\n(c) to make reports and recommendations to the Minister on any\nof the following matters the Council considers appropriate:\n(i) the operation of the Centre;\n(ii) any matter that may be the subject of a review under\nsection 32(1);\n(iii) any other matter arising from the operation of this Act.\n26 Guidelines\n(1) The Council may, consistent with this Act, make policy guidelines\nfor the provision of mediation services.\n(2) Without limiting subsection (1), the Guidelines may provide for one\nor more of the following:\n(a) the matters the Director must take into account in deciding:\n(i) whether or not to provide mediation services; or\n(ii) to terminate the provision of mediation services;\n(b) the principles governing the provision of mediation services.\n(3) The Council must, by Gazette notice, notify the making of the\nGuidelines.\n(4) In addition, the Council must notify each of the following about the\nmaking of the Guidelines:\n(a) the Minister;\n(b) the CEO;\n(c) the Director.\n(5) The Guidelines must not take effect before their notification under\nsubsection (3).\n\nPart 5 Community Justice Consultative Council\nCommunity Justice Centre Act 2005 11\n27 Complaint\n(1) A party to a dispute for which mediation services have been\nprovided may make a complaint to the Council about the manner in\nwhich the services were provided.\n(2) Without limiting subsection (1), the complaint may relate to an\naspect of the procedure adopted by any of the following in providing\nthe services:\n(a) the Director;\n(b) a mediator;\n(c) a Centre employee.\n(3) However, a complaint must not be made about the outcome of a\nmediation session.\n(4) The Council may do any of the following on receiving the complaint:\n(a) review the matters raised in the complaint;\n(b) if the Council considers that actions should be taken by the\nDirector to address any of those matters – recommend the\nDirector to take those actions;\n(c) if the Council considers that the Guidelines should address\nany of those matters – amend or make provision in the\nGuidelines accordingly.\n(5) The Regulations may make provision, consistent with this Act,\nabout any matters arising from this section.\n28 Direction\nThe Minister may give directions to the Council about the exercise\nof any of the Council's powers or the performance of any of the\nCouncil's functions under this Act, except directions about any of\nthe following:\n(a) the content of a report or recommendation by the Council;\n(b) the taking of an action about a complaint under section 27(4).\n29 Delegation\n(1) The Council may delegate any of its powers or functions to:\n(a) the Director; or\n\nPart 6 Administration\nCommunity Justice Centre Act 2005 12\n(b) a Committee.\n(2) The delegation must be in writing.\n30 Committee\n(1) The Council may establish committees for the exercise of any of its\npowers, or the performance of any of its functions, as is specified\nby the Council.\n(2) A Committee member must be appointed by the Council.\n(3) A Committee member must be:\n(a) a Council member; or\n(b) the Director; or\n(c) a mediator; or\n(d) a Centre employee.\n(4) The Regulations may make provision, consistent with this Act,\nabout any matters arising from this section.\nPart 6 Administration\n31 Approved form\nThe CEO may approve forms for this Act.\n32 Review\n(1) The CEO must conduct a review of each of the following matters\nwithin 5 years after the commencement of this Act:\n(a) the operation and effectiveness of this Act;\n(b) the operation and effectiveness of the Centre;\n(c) the operation and effectiveness of the Council;\n(d) any other matters arising from the operation of any provision\nin this Act that the CEO thinks should be subject to a review.\n(2) The CEO must prepare a report for the review that includes:\n(a) the result of the review; and\n(b) any recommendation arising from the review.\n\nPart 6 Administration\nCommunity Justice Centre Act 2005 13\n(3) The CEO must give the Minister the report as soon as possible\nafter its completion.\n(4) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n33 Protection from liability\n(1) This section applies to a person who is or has been any of the\nfollowing:\n(a) the Director;\n(b) a mediator;\n(c) a Centre employee;\n(d) a Council member;\n(e) a Committee member.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n34 Protection of information\nThe following are not admissible as evidence in any proceedings\nbefore a court, tribunal or any other body that has the power to take\nevidence on oath:\n(a) a statement, document or any other thing made for a\nmediation session;\n(b) a record of the statement, document or thing.\n35 Privilege for defamation\n(1) A mediation session has effect as if it were a judicial proceeding for\nthe purposes of any privilege that is available for a judicial\nproceeding under any law about defamation in force in the Territory.\n(2) Any document produced in a mediation session has effect as if it\nwere a document produced in a judicial proceeding (proceeding\ndocument) for the purposes of any privilege that is available for a\nproceeding document under any law about defamation in force in\nthe Territory.\n\nPart 6 Administration\nCommunity Justice Centre Act 2005 14\n(3) The privilege provided by this section does not extend to a\npublication:\n(a) that is not made for a mediation session; or\n(b) that is not permitted by section 36.\n36 Secrecy\n(1) This section applies to a person who is or has been any of the\nfollowing:\n(a) the Director;\n(b) a mediator;\n(c) a Centre employee;\n(d) a Council member;\n(e) a Committee member.\n(2) The person must not:\n(a) record any information obtained by the person in exercising a\npower or performing a function under this Act; or\n(b) disclose any such information to a person or body (including a\ncourt or tribunal); or\n(c) publish all or part of a document obtained by the person in\nexercising a power or performing a function under this Act; or\n(d) produce to a court or tribunal a document or any other thing\nobtained by the person in exercising a power or performing a\nfunction under this Act.\n(3) Subsection (2) does not apply in relation to any recording,\ndisclosure, publication or production that:\n(a) is part of the exercise of a power or the performance of a\nfunction under this Act; or\n(b) relates to the administration of this Act; or\n(c) is required by another law; or\n(d) is reasonably necessary for the protection of a person or the\nprevention of damage to property; or\n\nPart 6 Administration\nCommunity Justice Centre Act 2005 15\n(e) is made for:\n(i) a person who is the subject of the information, document\nor thing; or\n(ii) another person with the consent of the person\nmentioned in subparagraph (i) (whether the consent is\ngiven expressly or by implication); or\n(iii) a person prescribed by the Regulations.\n(4) A person who contravenes subsection (2) is guilty of an offence.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(5) For this section, a reference to a power or function under this Act\ndoes not include a reference to a power or function under the\nConstruction Contracts (Security of Payments) Act 2004 arising\nfrom Part 4 of this Act.\n37 Confidentiality agreement\n(1) The Director may require the parties to a dispute to sign an\nagreement of confidentiality before providing mediation services for\nthe dispute.\n(2) The agreement must specify that each party may not record,\ndisclose, publish or produce any information, document or thing\narising from the provision of the mediation services.\n(3) A person who contravenes the agreement is guilty of an offence.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(4) However, subsection (3) does not apply to any recording,\ndisclosure, publication or production approved by the Director and\nall the parties to the dispute.\n38 Appointments may be made despite other Act\n(1) This section applies to a person who is employed or engaged, or\nholds an office:\n(a) on a full-time basis; or\n(b) on the basis that the person may not:\n(i) be otherwise employed or engaged; or\n\nPart 7 Transitional matters for Community Justice Centre Act 2005\nCommunity Justice Centre Act 2005 16\n(ii) otherwise hold an office.\n(2) Despite any other Act, the person is not disqualified from being\nappointed or remunerated as one or more of the following:\n(a) a mediator;\n(b) a Council member;\n(c) a Committee member;\n(d) an adjudicator as defined in section 18(1).\n39 Annual report\n(1) For each financial year, the CEO must prepare an annual report on\nthe operation of this Act during that year.\n(2) The CEO must give the Minister the report within 3 months after the\nend of that year.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n40 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\nPart 7 Transitional matters for Community Justice\nCentre Act 2005\n41 Savings\n(1) This section applies to any mediation commenced before the\ncommencement of this Act for or by the part of the Department of\nJustice then known as the Community Justice Centre.\n(2) This Act does not:\n(a) prevent the completion of the mediation after the\ncommencement of this Act; or\n\nPart 7 Transitional matters for Community Justice Centre Act 2005\nCommunity Justice Centre Act 2005 17\n(b) affect anything arising from the mediation (whether or not the\nmediation was completed before the commencement of this\nAct).\n(3) Subsection (2) has effect:\n(a) whether or not the person conducting the mediation is a\nmediator or holds the prescribed qualifications for a mediator;\nand\n(b) whether or not the requirements of this Act have been\ncomplied with in relation to the conducting of the mediation.\n\nENDNOTES\nCommunity Justice Centre Act 2005 18\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCommunity Justice Centre Act 2005 (Act No. 40, 2005)\nAssent date 13 December 2005\nCommenced 22 February 2006 (Gaz G8, 22 February 2006, p 5)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nConstruction Contracts (Security of Payments) Legislation Amendment Act 2019 (Act\nNo. 27, 2019)\nAssent date 3 September 2019\nCommenced 3 February 2020 (Gaz G51, 18 December 2019, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 9, 18, 24 and 36.\n\nENDNOTES\nCommunity Justice Centre Act 2005 19\n4 LIST OF AMENDMENTS\ns 5 amd No. 30, 2011, s 3\ns 12 amd No. 12, 2010, s 3; No. 30, 2011, s 3\nss 17 – 18 amd No. 30, 2011, s 3\ns 20 amd No. 30, 2011, s 3; No. 27, 2019, s 34\ns 22 amd No. 27, 2019, s 35\ns 26 amd No. 30, 2011, s 3\ns 34 amd No. 40, 2010, s 118\nss 36 – 37 amd No. 12, 2010, s 3\npt 8 hdg exp No. 40, 2005, s 45\nss 42 – 45 exp No. 40, 2005, s 45","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Since enactment the Centre’s practical scope has been extended to perform adjudication functions under the Construction Contracts (Security of Payments) Act (Part 4). The Act treats the Director as a prescribed appointer and establishes a lodgment-fee-triggered process, permits appointment of non-registered adjudicators for certain disputes, and carves out or disapplies particular CCSP Act provisions in relation to Centre-led adjudications (ss18–23). The amendments giving these powers are recorded in the Act’s amendment history (Endnotes, List of Amendments)."},"complexity_factors":["Integration with external statute (Construction Contracts (Security of Payments) Act 2004) requiring cross-references and special treatment (ss18–23).","Director’s wide discretionary powers to accept/refuse mediation and to appoint adjudicators, subject to Guidelines (ss9(4), 13(3), 20(2)).","Fee regime for adjudication and rules allocating liability among parties (s20(3), s21).","Exceptions and exclusions from parts of the CCSP Act and limits on adjudicator powers creating bespoke procedural rules (ss19, 22–23).","Confidentiality, secrecy and criminal penalties for disclosure, plus enforceable confidentiality agreements (ss34–37).","Delegation and appointment rules permitting non-standard appointments (delegations, non-registered adjudicators) with consequential administrative complexity (ss11, 20(4)–(5)).","Role for an advisory Council to make Guidelines, receive complaints and delegate powers, adding an extra governance layer (ss24–30).","Regulations and approved forms authorise further procedural detail to be prescribed, increasing dependence on subordinate instruments (ss31, 40)."],"plain_english_summary":"This Act creates the Northern Territory Community Justice Centre to provide voluntary mediation services, sets out who runs it (a Director and mediators) and how mediation is to be conducted. It also lets the Centre handle adjudication of construction payment disputes under the Construction Contracts (Security of Payments) Act if parties pay a lodgment fee. Who pays and who decides are explicit: parties share the lodgment fee ($500 unless regulated) (s20(3), s21); the Director decides whether to accept mediation applications and appoints adjudicators (s9(2), s13(3), s20). Confidentiality and criminal penalties limit disclosure of mediation material (ss36–37)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original Act (2005) was primarily focused on establishing a mediation service. However, Part 4 (Adjudication) was significantly expanded by the Construction Contracts (Security of Payments) Legislation Amendment Act 2019, adding a detailed statutory adjudication function for construction payment disputes. This transformed the Centre from purely a voluntary mediation service into a statutory decision-maker with binding powers in specific commercial disputes, substantially broadening its scope beyond the original community justice mandate."},"complexity_factors":["Moderate cross-referencing with the Construction Contracts (Security of Payments) Act 2004 (Part 4 imports definitions and modifies procedures from that Act)","Nested conditional logic in Part 4 (section 20 has multiple preconditions for Director action: payment amount threshold, lodgment fee payment, and 5-day time limits)","18 defined terms in section 5, plus additional Part-specific definitions in section 18","Multiple confidentiality regimes operating simultaneously: section 36 (secrecy), section 37 (confidentiality agreements), and section 34 (evidentiary exclusion)","Exception to exception structure in section 36(3) with 5 separate exemption categories for the secrecy provision","Dual-purpose structure combining voluntary mediation with statutory adjudication creates two distinct operational modes with different rules"],"plain_english_summary":"The Act creates the Northern Territory Community Justice Centre to help Territorians resolve disputes outside court through voluntary, confidential mediation and by providing fast, binding adjudication for smaller construction payment claims. It’s run by a Director with mediators and a Minister‑appointed consultative council.\n\nBy keeping matters informal, confidential (with criminal penalties for breaches) and protecting staff acting in good faith, the law speeds resolution, reduces legal costs, and improves access to justice."}},"importantCases":[],"_links":{"self":"/api/acts/community-justice-centre-act-2005","history":"/api/acts/community-justice-centre-act-2005/history","analysis":"/api/acts/community-justice-centre-act-2005/analysis","conflicts":"/api/acts/community-justice-centre-act-2005/conflicts","importantCases":"/api/acts/community-justice-centre-act-2005/important-cases","documents":"/api/acts/community-justice-centre-act-2005/documents"}}