{"id":"legislative-assembly-members-miscellaneous-provisions-act-1987","name":"Legislative Assembly Members (Miscellaneous Provisions) Act 1987","slug":"legislative-assembly-members-miscellaneous-provisions-act-1987","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30267,"registerId":"nt-legislative-assembly-members-miscellaneous-provisions-act-1987-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislative Assembly Members (Miscellaneous Provisions) Act 1987","content":"NORTHERN TERRITORY OF AUSTRALIA\nLEGISLATIVE ASSEMBLY MEMBERS (MISCELLANEOUS\nPROVISIONS) ACT 1987\nAs in force at 15 March 2004\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Continuation of remuneration, allowances and other\nentitlements for certain re-elected members.................................... 1\n3 Assessment of entitlement............................................................... 2\n4 Claim for reimbursement ................................................................. 2\n5 Person to be deemed a member during interim period.................... 2\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 15 March 2004\n____________________\nLEGISLATIVE ASSEMBLY MEMBERS (MISCELLANEOUS\nPROVISIONS) ACT 1987\nAn Act to provide for the remuneration of and the payment of\nallowances to, and the reimbursement of certain expenses incurred by, a\nmember of the Legislative Assembly elected after the Court of Disputed\nReturns declared the member's previous election void or that the\nmember was not duly elected at the previous election, and for related\npurposes\n1 Short title\nThis Act may be cited as the Legislative Assembly Members\n(Miscellaneous Provisions) Act 1987.\n2 Continuation of remuneration, allowances and other\nentitlements for certain re-elected members\n(1) Where:\n(a) a person was declared under section 131 of the Electoral Act\n2004 as elected at an election of members or a member of the\nLegislative Assembly (the previous election);\n(b) the Court of Disputed Returns under that Act declared that the\nperson was not duly elected or that the previous election was\nvoid;\n(c) at an election held as a consequence of the Court's\ndeclaration the person was again declared under that Act as\nelected; and\n(d) the Speaker of the Legislative Assembly is satisfied that the\ndeclaration of the Court in relation to the previous election was\nnot as the result of any fault of the person,\nthe person is entitled to the remuneration, allowances and other\nentitlements of a member of the Legislative Assembly to which he\nor she would have been entitled in respect of the relevant period if\nthe declaration of the Court had not been made and the person had\nbeen sworn in as a member.\n\nLegislative Assembly Members (Miscellaneous Provisions) Act 1987 2\n(2) In subsection (1) the relevant period is the period between the\npolling day of the previous election referred to in subsection (1)(a)\nand the polling day of the subsequent election referred to in\nsubsection (1)(c).\n3 Assessment of entitlement\n(1) Subject to section 4, the Speaker of the Legislative Assembly shall\ndetermine and certify for payment the amount which, in the\nSpeaker's opinion, a person referred to in section 2 is entitled to\nreceive in pursuance of that section.\n(2) In determining under subsection (1) the amount to which a person\nis entitled to receive, the Speaker shall ensure, as far as\npracticable, that it is sufficient to reimburse the person for such\nout-of-pocket expenses incurred as the person might reasonably\nhave incurred had he or she been or continued to be a member of\nthe Legislative Assembly.\n4 Claim for reimbursement\n(1) As soon as practicable, but not later than 90 days, after a person is\ndeclared elected in the circumstances referred to in section 2(1)(c),\nthe person shall submit to the Speaker of the Legislative Assembly,\nin such form and substantiated by such evidence as the Speaker\nrequires, a claim for the reimbursement of expenses referred to in\nsection 3(2).\n(2) The Speaker is not required to certify for payment any amount for\nthe reimbursement of expenses for which a claim has not been\nsubmitted under and within the time specified in subsection (1).\n5 Person to be deemed a member during interim period\nFor the purposes of the Legislative Assembly Member's\nSuperannuation Fund Act 1979 and the Trust under that Act, a\nperson referred to in section 2 shall be deemed to be or have\nremained a member of the Legislative Assembly during the relevant\nperiod referred to in that section.\n\nENDNOTES\nLegislative Assembly Members (Miscellaneous Provisions) Act 1987 3\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\nLegislative Assembly Members (Miscellaneous Provisions) Act 1987 (Act No. 43, 1987)\nAssent date 21 October 1987\nCommenced 21 October 1987\nElectoral (Consequential Amendments) Act 2004 (Act No. 12, 2004)\nAssent date 1 March 2004\nCommenced 15 March 2004 (s 2, s 2 Electoral Act 2004 (Act No. 11, 2004)\nand Gaz S6, 15 March 2004)\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, 2 and 5.\n4 LIST OF AMENDMENTS\nlt amd No. 12, 2004, s 6\n2 amd No. 12, 2004, s 6","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This version did not expand the Act's substantive scope. Amendments noted in the endnotes (Electoral (Consequential Amendments) Act 2004 and later formal amendments) updated cross‑references and formal drafting (e.g. references to the Electoral Act 2004) and made technical changes under the Interpretation Legislation Amendment Act 2018. Those are consequential and formal updates rather than a material broadening of who is covered or what entitlements are payable (see endnotes and s 2–5)."},"complexity_factors":["Very short Act: 5 substantive sections (plus short title and endnotes).","Key eligibility condition with four conjunctive prerequisites in s 2 (includes a 'no‑fault' subjective test by the Speaker).","Cross‑reference to the Electoral Act and to decisions of the Court of Disputed Returns (external legal sources determine factual triggers).","Speaker discretion in multiple places: satisfaction as to fault (s 2(d)), certification of amount (s 3(1)), and specification of claim form and evidentiary requirements (s 4(1)).","Open‑ended reimbursement standard: \"as far as practicable\" and reimbursement of expenses the person \"might reasonably have incurred\" (s 3(2)) — creates fact‑sensitive assessment and potential disputes.","Strict procedural deadline for claims (90 days) with a statutory consequence (s 4(2)).","Deeming provision for superannuation continuity (s 5) links to a separate statutory fund and trust.","Amendment history limited to consequential/formal updates (2004, 2018) which change cross‑references but not substantive length or structure."],"plain_english_summary":"**What this law does (mechanically)\n\n- Purpose: Gives a narrowly‑framed pay, allowance and expense‑reimbursement entitlement to a person who was declared elected at a Legislative Assembly election, had that earlier election later set aside by the Court of Disputed Returns, and who is then re‑elected at the fresh election. (See s 2.)\n\n- Eligibility (s 2): A person qualifies only if all of these are true:\n  - they were declared elected at the earlier (previous) election under the Territory's Electoral Act; and\n  - the Court of Disputed Returns later declared that earlier election void or ruled the person was not duly elected; and\n  - a new election was held because of the Court's decision and the person was again declared elected; and\n  - the Speaker is satisfied the Court's earlier declaration was not because of any fault of the person.\n\n- What is paid (s 2, s 3): If eligible, the person is entitled to the remuneration, allowances and other entitlements they would have received for the interim period between the two polling days (the earlier poll day and the later poll day) if the Court had not voided the earlier election and the person had been sworn in. The Speaker determines and certifies the amount (s 3).\n\n- Expense reimbursement (s 3–4): The Speaker must, as far as practicable, make the certified amount sufficient to reimburse reasonable out‑of‑pocket expenses the person would have incurred as a member during that interim. The person must lodge a claim for those expenses with the Speaker within 90 days of being declared elected after the fresh election; the Speaker may require supporting evidence and a specified form (s 4). The Speaker will not certify payments for claims not submitted within that 90‑day window.\n\n- Superannuation treatment (s 5): For the purposes of the Legislative Assembly Member's Superannuation Fund, the person is to be treated as having been or remained a member during that interim period.\n\n\nWho decides and who pays\n\n- Who decides: The Speaker of the Legislative Assembly has key decision roles — assessing entitlement, setting the certified amount, and prescribing the required claim form and evidence (s 3–4). The Speaker also applies the \"no‑fault\" test in s 2(d).\n\n- Who pays: The Act requires the Speaker to certify amounts for payment; payments come through the Assembly's payment processes and ultimately from public funds (the Assembly's budget), though the Act itself allocates decision and certification powers to the Speaker rather than specifying the exact payment vehicle.\n\n\nWhy this matters (official claim, then practical trade‑offs)\n\n- Official rationale: The Act's stated purpose is to avoid leaving a person who was wrongly prevented (by a later Court declaration) from serving without the pay, allowances and superannuation they would have had if the earlier election had stood — provided the Court's finding was not due to the person's own fault (long title; s 2, s 5).\n\n- Practical effects, incentives and trade‑offs:\n  - Who benefits: A single re‑elected member (concentrated benefit). The payment restores earnings and some costs for the period between the two polls (s 2–3).\n  - Who bears the cost: The public purse pays the certified amounts; costs are dispersed across public budgets but concentrated per recipient.\n  - Administrative discretion and implementation risk: The Speaker exercises significant discretion on entitlement, the sufficiency of reimbursement and the required evidence (s 3–4). Phrases such as \"as far as practicable\" and the Speaker's satisfaction that the Court's declaration was not the person's fault create room for judgment calls and possible disputes about amounts or eligibility (s 2(d), s 3(2)).\n  - Compliance burden on the member: The member must submit a substantiated claim within 90 days of being declared elected after the fresh poll, or the Speaker need not certify payment (s 4). That creates a strict deadline and evidentiary duty on the claimant.\n  - Interaction with superannuation and continuity: The Act treats the person as having been a member for superannuation purposes during the interim (s 5), which mechanically preserves retirement‑benefit entitlements that would otherwise be disrupted by the Court's decision.\n  - Risk of disputes and litigation: Because entitlements depend on the Speaker's factual satisfaction and on what expenses are \"reasonable\" or \"would have been incurred,\" disagreements could lead to further administrative review or litigation if parties contest the Speaker's certification.\n\n\nConcrete behavioural effects\n\n- Members: A re‑elected member must keep records and lodge a claim promptly to recover expenses; they can expect (subject to the Speaker's certification) back pay and continuity for superannuation (ss 3–5).\n- Assembly administration: The Speaker and Assembly officers must assess, certify and pay claims; they must decide what counts as reasonable out‑of‑pocket expenses and apply the no‑fault test (s 3–4).\n\n\nRelevant sections: s 2 (continuation of entitlements and eligibility), s 3 (assessment and reimbursement standard), s 4 (claim procedure and 90‑day limit), s 5 (superannuation deeming).\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: protecting re-elected members following void elections. The 2004 amendments appear to be technical updates (replacing references to the old Electoral Act with the Electoral Act 2004) rather than substantive expansion of scope."},"complexity_factors":["Only 5 operative sections (excluding title and endnotes)","Single, highly specific factual scenario addressed (void election followed by re-election)","Minimal defined terms (only 'relevant period' is explicitly defined in section 2(2))","No nested exceptions or complex conditional logic beyond the four-part test in section 2(1)","Straightforward procedural requirements (90-day claim window in section 4)","Single cross-reference to the Electoral Act 2004 and the Legislative Assembly Member's Superannuation Fund Act 1979"],"plain_english_summary":"**What this law does:**\n\nThis law fixes a very specific problem for Northern Territory politicians. If someone wins an election, gets kicked out by a court because the election was declared void (invalid) or they weren't properly elected, and then wins the re-run election, this law makes sure they don't lose money during the gap.\n\n**Who it affects:**\n\n- Members of the Northern Territory Legislative Assembly who have been caught in this unusual situation\n- The Speaker of the Legislative Assembly (who decides if the person gets paid)\n\n**How it works:**\n\n- **The scenario:** A person wins an election → a court says the election was void or they weren't properly elected → a new election is held → the same person wins again\n- **The protection:** If the Speaker is satisfied the court's decision wasn't the person's fault, they get back-pay for the time between the two elections\n- **What they get:** \n  - The salary and allowances they would have earned\n  - Reimbursement for out-of-pocket expenses they reasonably incurred (like staff costs, office rent, etc.)\n  - Superannuation (retirement savings) contributions as if they had been working the whole time\n\n**The catch:**\n\nThe person must submit a claim within **90 days** of being declared elected in the re-run. No claim, no money.\n\n**Why it matters:**\n\nWithout this law, an innocent politician could be financially ruined through no fault of their own. Court challenges can take months, and during that time the person might have been acting as a member, incurring costs, and serving constituents. This prevents the unfairness of someone losing their livelihood because of a technical legal problem with an election."}},"importantCases":[],"_links":{"self":"/api/acts/legislative-assembly-members-miscellaneous-provisions-act-1987","history":"/api/acts/legislative-assembly-members-miscellaneous-provisions-act-1987/history","analysis":"/api/acts/legislative-assembly-members-miscellaneous-provisions-act-1987/analysis","conflicts":"/api/acts/legislative-assembly-members-miscellaneous-provisions-act-1987/conflicts","importantCases":"/api/acts/legislative-assembly-members-miscellaneous-provisions-act-1987/important-cases","documents":"/api/acts/legislative-assembly-members-miscellaneous-provisions-act-1987/documents"}}