NORTHERN TERRITORY OF AUSTRALIA
COMMUNITY JUSTICE CENTRE ACT 2005
As in force at 3 February 2020
Table of provisions
Part 1 Introduction
Division 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects ............................................................................................ 1
4 Act binds Crown .............................................................................. 1
Division 2 Interpretation
5 Definitions ........................................................................................ 1
6 Disputes and parties to disputes...................................................... 3
Part 2 Northern Territory Community Justice
Centre
7 Establishment .................................................................................. 3
8 Centre's purposes ............................................................................ 3
9 Director ............................................................................................ 3
10 Mediators ......................................................................................... 4
11 Delegation ....................................................................................... 4
12 Use of certain words ........................................................................ 4
Part 3 Mediation
13 Provision of services ........................................................................ 4
14 Termination of services ................................................................... 5
15 Mediation sessions .......................................................................... 5
16 Mediations must be voluntary .......................................................... 5
17 Representative of party ................................................................... 6
Part 4 Adjudication
18 Interpretation ................................................................................... 6
19 Director taken to be prescribed appointer ........................................ 7
20 When Director may act .................................................................... 7
21 Liability for lodgment fee .................................................................. 8
22 Power of adjudicator ........................................................................ 8
23 Costs of adjudication ....................................................................... 9
Community Justice Centre Act 2005 ii
Part 5 Community Justice Consultative Council
24 Establishment .................................................................................. 9
25 Functions ....................................................................................... 10
26 Guidelines...................................................................................... 10
27 Complaint ...................................................................................... 11
28 Direction ........................................................................................ 11
29 Delegation ..................................................................................... 11
30 Committee ..................................................................................... 12
Part 6 Administration
31 Approved form ............................................................................... 12
32 Review ........................................................................................... 12
33 Protection from liability .................................................................. 13
34 Protection of information ................................................................ 13
35 Privilege for defamation ................................................................. 13
36 Secrecy.......................................................................................... 14
37 Confidentiality agreement .............................................................. 15
38 Appointments may be made despite other Act .............................. 15
39 Annual report ................................................................................. 16
40 Regulations.................................................................................... 16
Part 7 Transitional matters for Community
Justice Centre Act 2005
41 Savings .......................................................................................... 16
ENDNOTES
Section 1 - Community Justice Centre Act 2005 - Community Justice Centre Act 2005 | Zoe
NORTHERN TERRITORY OF AUSTRALIA
As in force at 3 February 2020
COMMUNITY JUSTICE CENTRE ACT 2005
An Act to establish the Northern Territory Community Justice Centre,
and for related purposes
Part 1 Introduction
Division 1 Preliminary matters
1 Short title
This Act may be cited as the Community Justice Centre Act 2005.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Objects
The objects of this Act are as follows:
(a) to promote mediation as a way of resolving disputes;
(b) to facilitate the provision of adjudication under the
Construction Contracts (Security of Payments) Act 2004.
4 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
Division 2 Interpretation
5 Definitions
In this Act:
approved form means a form approved under section 31.
Part 1 Introduction
Division 2 Interpretation
Community Justice Centre Act 2005 2
Centre means the Northern Territory Community Justice Centre
established by section 7.
Centre employee, see section 9(5)(b).
CEO means the Chief Executive Officer.
Committee means a committee established under section 30.
Committee member means a member of a Committee.
Council means the Community Justice Consultative Council
established by section 24.
Council member means a member of the Council.
Director means the person holding or occupying the office of
Director mentioned in section 9.
dispute, see section 6(1).
Guidelines means the policy guidelines made and in force under
section 26.
mediation service means any of the following services in relation
to a dispute:
(a) the conducting of mediation sessions for the dispute;
(b) any other services relating to the mediation sessions.
mediation session includes any steps taken by a mediator:
(a) to arrange for the mediation of a dispute; or
(b) for the mediation of a dispute; or
(c) for any follow-up for the mediation of a dispute.
mediator means:
(a) the Director; or
(b) a person engaged as a mediator under section 10.
parties for:
(a) a dispute – see section 6; or
(b) a mediation session – means the parties to the dispute to
which the session relates.
Part 2 Northern Territory Community Justice Centre
Community Justice Centre Act 2005 3
purposes of the Centre means the purposes mentioned in
section 8.
6 Disputes and parties to disputes
(1) There is a dispute on a matter if 2 or more persons are in
disagreement on the matter (whether or not any negotiations on the
matter are in progress).
(2) Those persons are parties to the dispute.
Part 2 Northern Territory Community Justice Centre
7 Establishment
The Northern Territory Community Justice Centre is established.
8 Centre's purposes
The Centre is established for the following purposes:
(a) to provide mediation services;
(b) to carry out other functions as provided by any other Act.
9 Director
(1) There is to be a Director of the Centre.
(2) The Director must be appointed by the CEO.
(3) The Director must be a public sector employee.
(4) The Director must:
(a) having regard to the Guidelines, exercise powers and perform
functions for the purposes of the Centre; and
(b) exercise powers and perform functions under the Construction
Contracts (Security of Payments) Act 2004 as provided by
Part 4 of this Act.
(5) The Director may be assisted by the following persons for
subsection (4)(a):
(a) a mediator;
(b) a person (a Centre employee) who:
(i) is not a mediator; and
Part 3 Mediation
Community Justice Centre Act 2005 4
(ii) is a public sector employee; and
(iii) is employed for the purposes of the Centre.
(6) The Director may be assisted by a Centre employee for
subsection (4)(b).
10 Mediators
(1) The Director must engage one or more mediators for the provision
of mediation services by the Centre.
(2) A mediator must be:
(a) a public sector employee; or
(b) a person engaged on conditions approved by the CEO.
(3) Each mediator (including the Director) must hold the prescribed
qualifications for a mediator.
11 Delegation
(1) The Director may delegate any of the Director's powers or functions
(other than powers or functions arising from Part 4) to:
(a) a mediator; or
(b) a Centre employee.
(2) The delegation must be in writing.
12 Use of certain words
(1) The words "Community Justice Centre" must not be used in the
name of an organisation other than the Centre.
(2) A person must not contravene subsection (1).
Maximum penalty: 100 penalty units.
Part 3 Mediation
13 Provision of services
(1) The parties to a dispute may apply to the Director for the provision
of mediation services for the dispute.
(2) The application must be made in the approved form.
Part 3 Mediation
Community Justice Centre Act 2005 5
(3) The Director must, having regard to the Guidelines, accept or
refuse the application.
(4) Mediation service may only be provided for the dispute if the
Director accepts the application.
14 Termination of services
Mediation services provided for a dispute may be terminated at any
time by any of the following:
(a) a party to the dispute;
(b) the Director;
(c) a mediator providing the services.
15 Mediation sessions
(1) A mediation session must be conducted:
(a) by one or more mediators; and
(b) in accordance with any directions given by the Director.
(2) A mediator must have regard to the Guidelines in conducting the
session.
(3) The rules of evidence do not apply in relation to the session.
(4) A mediator must not engage in the adjudication or arbitration of a
dispute in the session.
(5) Except with the permission of the Director or in accordance with
section 17, a person other than a party to the dispute must not
participate in the session.
(6) Without limiting subsection (5), the Director may permit a person
nominated by a party to the dispute to be present during the
session for providing support to that party.
(7) Mediation sessions must be conducted with:
(a) as little formality and technicality as possible; and
(b) as much expedition as possible.
16 Mediations must be voluntary
(1) The attendance of a party at a mediation session must be
voluntary.
Part 4 Adjudication
Community Justice Centre Act 2005 6
(2) The party may withdraw from the session at any time.
(3) Except in relation to any agreement arising from the session, the
session does not:
(a) affect any rights of the party; or
(b) create any obligations that bind the party.
17 Representative of party
(1) A party to a mediation session that is a body corporate may be
represented during the session by:
(a) if the body corporate is a corporation as defined in section 57A
of the Corporations Act 2001 – an officer of the corporation; or
(b) otherwise – a person nominated by the body corporate.
(2) A person must not be a representative under this section if the
person contravenes a requirement specified by the Director for this
section.
Part 4 Adjudication
18 Interpretation
(1) In this Part:
adjudicator means a person appointed by the Director to
adjudicate a payment dispute for Part 3 of the CCSP Act.
CCSP Act means the Construction Contracts (Security of
Payments) Act 2004.
lodgment fee means the lodgment fee mentioned in section 20.
(2) The following terms have the same meanings in this Part as in the
CCSP Act:
adjudication
appointed adjudicator
construction contract
party
payment claim
Part 4 Adjudication
Community Justice Centre Act 2005 7
payment dispute
prescribed appointer
registered adjudicator
working day.
19 Director taken to be prescribed appointer
Subject to this Part, the CCSP Act has effect as if the Director were
a prescribed appointer for that Act.
20 When Director may act
(1) This section applies if a party to a construction contract serves a
written application for the adjudication of a payment dispute on the
Director under section 28 of the CCSP Act.
(2) The Director must do each of the things mentioned in
section 30(1)(a), (b) and (c) of the CCSP Act within 5 working days
after being served with that application if:
(a) the Director is satisfied the amount of the payment claim for
the dispute is less than the amount prescribed by regulation;
and
(b) one or more of the parties to the contract have paid to the
Director the lodgment fee for the adjudication within those
5 working days.
(3) For subsection (2), the amount of the lodgment fee is:
(a) $500; or
(b) if another amount is prescribed by the Regulations – that
amount.
(4) The Director may, for section 30(1)(a) of the CCSP Act, appoint a
person who is not a registered adjudicator to adjudicate the
payment dispute if the Director is satisfied:
(a) the person has qualifications and experience relating to
adjudication (whether or not they are qualifications and
experience prescribed for section 52 of the CCSP Act); and
(b) the payment dispute is of a nature that may be adjudicated by
the person.
Part 4 Adjudication
Community Justice Centre Act 2005 8
(5) The CCSP Act has effect in relation to the adjudication as if the
person were a registered adjudicator.
Note for subsection (5):
This means, for example, the Registrar under the CCSP Act must make available
for public inspection the result or a report of a decision by the person under
section 54 of that Act.
(6) Subject to this Part, an adjudicator to whom the application is sent
under section 30(1)(b) of the CCSP Act is taken to be an appointed
adjudicator for that Act.
(7) If the requirements in subsection (2)(a) and (b) are not satisfied in
relation to the application:
(a) the Director must not do any of the things mentioned in
section 30(1)(a), (b) and (c) of the CCSP Act for that
application; and
(b) section 30(2) and (3) of the CCSP Act applies.
21 Liability for lodgment fee
(1) Each party to an adjudication conducted by an adjudicator is liable
to pay an equal share of the lodgment fee.
(2) If a party (the first party) has paid more than the party's equal
share of the fee, the adjudicator may decide that another party must
pay to the first party an amount that would result in all the parties
paying an equal share of the fee.
(3) If the adjudicator makes a decision under subsection (2):
(a) the adjudicator must include in the decision the date on which
the amount is payable; and
(b) Part 3, Divisions 4 and 5 of the CCSP Act apply (with the
necessary changes) to the decision as if it were a
determination of an appointed adjudicator.
22 Power of adjudicator
(1) An adjudicator must not make a determination for a payment
dispute under section 33(1)(b) of the CCSP Act that would result in
the total of the amount to be paid, and the security to be returned,
for the dispute equal to the amount prescribed by regulation or
more.
Part 5 Community Justice Consultative Council
Community Justice Centre Act 2005 9
(2) To avoid doubt, the total of the amount to be paid, and the security
to be returned, for the dispute does not include any interest payable
under section 35 of the CCSP Act.
23 Costs of adjudication
(1) Section 46 of the CCSP Act does not apply in relation to an
adjudication arising because of this Part.
(2) Section 55 of the CCSP Act does not apply to:
(a) the Director; or
(b) an adjudicator.
Part 5 Community Justice Consultative Council
24 Establishment
(1) The Community Justice Consultative Council is established.
(2) The Council consists of 7 members appointed by the Minister.
(3) Subject to subsection (4) and the Regulations, the Council may
determine the procedures for its meetings.
(4) At a meeting of the Council, 4 members constitute a quorum.
(5) To avoid doubt, the Public Sector Employment and Management
Act 1993 does not apply in relation to the appointment of a Council
member.
(6) The Regulations may make provision, consistent with this Act,
about any of the following:
(a) the appointment of Council members (including the
nomination of persons to be appointed as Council members);
(b) the appointment of a Council member as the Chairperson, or
the Deputy Chairperson, of the Council;
(c) the term of the office of a Council member;
(d) the vacation of the office of a Council member;
(e) meetings of the Council;
(f) any other matters about the Council.
Part 5 Community Justice Consultative Council
Community Justice Centre Act 2005 10
25 Functions
The functions of the Council are:
(a) to make Guidelines under section 26; and
(b) to deal with a complaint under section 27; and
(c) to make reports and recommendations to the Minister on any
of the following matters the Council considers appropriate:
(i) the operation of the Centre;
(ii) any matter that may be the subject of a review under
section 32(1);
(iii) any other matter arising from the operation of this Act.
26 Guidelines
(1) The Council may, consistent with this Act, make policy guidelines
for the provision of mediation services.
(2) Without limiting subsection (1), the Guidelines may provide for one
or more of the following:
(a) the matters the Director must take into account in deciding:
(i) whether or not to provide mediation services; or
(ii) to terminate the provision of mediation services;
(b) the principles governing the provision of mediation services.
(3) The Council must, by Gazette notice, notify the making of the
Guidelines.
(4) In addition, the Council must notify each of the following about the
making of the Guidelines:
(a) the Minister;
(b) the CEO;
(c) the Director.
(5) The Guidelines must not take effect before their notification under
subsection (3).
Part 5 Community Justice Consultative Council
Community Justice Centre Act 2005 11
27 Complaint
(1) A party to a dispute for which mediation services have been
provided may make a complaint to the Council about the manner in
which the services were provided.
(2) Without limiting subsection (1), the complaint may relate to an
aspect of the procedure adopted by any of the following in providing
the services:
(a) the Director;
(b) a mediator;
(c) a Centre employee.
(3) However, a complaint must not be made about the outcome of a
mediation session.
(4) The Council may do any of the following on receiving the complaint:
(a) review the matters raised in the complaint;
(b) if the Council considers that actions should be taken by the
Director to address any of those matters – recommend the
Director to take those actions;
(c) if the Council considers that the Guidelines should address
any of those matters – amend or make provision in the
Guidelines accordingly.
(5) The Regulations may make provision, consistent with this Act,
about any matters arising from this section.
28 Direction
The Minister may give directions to the Council about the exercise
of any of the Council's powers or the performance of any of the
Council's functions under this Act, except directions about any of
the following:
(a) the content of a report or recommendation by the Council;
(b) the taking of an action about a complaint under section 27(4).
29 Delegation
(1) The Council may delegate any of its powers or functions to:
(a) the Director; or
Part 6 Administration
Community Justice Centre Act 2005 12
(b) a Committee.
(2) The delegation must be in writing.
30 Committee
(1) The Council may establish committees for the exercise of any of its
powers, or the performance of any of its functions, as is specified
by the Council.
(2) A Committee member must be appointed by the Council.
(3) A Committee member must be:
(a) a Council member; or
(b) the Director; or
(c) a mediator; or
(d) a Centre employee.
(4) The Regulations may make provision, consistent with this Act,
about any matters arising from this section.
Part 6 Administration
31 Approved form
The CEO may approve forms for this Act.
32 Review
(1) The CEO must conduct a review of each of the following matters
within 5 years after the commencement of this Act:
(a) the operation and effectiveness of this Act;
(b) the operation and effectiveness of the Centre;
(c) the operation and effectiveness of the Council;
(d) any other matters arising from the operation of any provision
in this Act that the CEO thinks should be subject to a review.
(2) The CEO must prepare a report for the review that includes:
(a) the result of the review; and
(b) any recommendation arising from the review.
Part 6 Administration
Community Justice Centre Act 2005 13
(3) The CEO must give the Minister the report as soon as possible
after its completion.
(4) The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
33 Protection from liability
(1) This section applies to a person who is or has been any of the
following:
(a) the Director;
(b) a mediator;
(c) a Centre employee;
(d) a Council member;
(e) a Committee member.
(2) The person is not civilly or criminally liable for an act done or
omitted to be done by the person in good faith in the exercise or
purported exercise of a power, or the performance or purported
performance of a function, under this Act.
(3) Subsection (2) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
34 Protection of information
The following are not admissible as evidence in any proceedings
before a court, tribunal or any other body that has the power to take
evidence on oath:
(a) a statement, document or any other thing made for a
mediation session;
(b) a record of the statement, document or thing.
35 Privilege for defamation
(1) A mediation session has effect as if it were a judicial proceeding for
the purposes of any privilege that is available for a judicial
proceeding under any law about defamation in force in the Territory.
(2) Any document produced in a mediation session has effect as if it
were a document produced in a judicial proceeding (proceeding
document) for the purposes of any privilege that is available for a
proceeding document under any law about defamation in force in
the Territory.
Part 6 Administration
Community Justice Centre Act 2005 14
(3) The privilege provided by this section does not extend to a
publication:
(a) that is not made for a mediation session; or
(b) that is not permitted by section 36.
36 Secrecy
(1) This section applies to a person who is or has been any of the
following:
(a) the Director;
(b) a mediator;
(c) a Centre employee;
(d) a Council member;
(e) a Committee member.
(2) The person must not:
(a) record any information obtained by the person in exercising a
power or performing a function under this Act; or
(b) disclose any such information to a person or body (including a
court or tribunal); or
(c) publish all or part of a document obtained by the person in
exercising a power or performing a function under this Act; or
(d) produce to a court or tribunal a document or any other thing
obtained by the person in exercising a power or performing a
function under this Act.
(3) Subsection (2) does not apply in relation to any recording,
disclosure, publication or production that:
(a) is part of the exercise of a power or the performance of a
function under this Act; or
(b) relates to the administration of this Act; or
(c) is required by another law; or
(d) is reasonably necessary for the protection of a person or the
prevention of damage to property; or
Part 6 Administration
Community Justice Centre Act 2005 15
(e) is made for:
(i) a person who is the subject of the information, document
or thing; or
(ii) another person with the consent of the person
mentioned in subparagraph (i) (whether the consent is
given expressly or by implication); or
(iii) a person prescribed by the Regulations.
(4) A person who contravenes subsection (2) is guilty of an offence.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(5) For this section, a reference to a power or function under this Act
does not include a reference to a power or function under the
Construction Contracts (Security of Payments) Act 2004 arising
from Part 4 of this Act.
37 Confidentiality agreement
(1) The Director may require the parties to a dispute to sign an
agreement of confidentiality before providing mediation services for
the dispute.
(2) The agreement must specify that each party may not record,
disclose, publish or produce any information, document or thing
arising from the provision of the mediation services.
(3) A person who contravenes the agreement is guilty of an offence.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(4) However, subsection (3) does not apply to any recording,
disclosure, publication or production approved by the Director and
all the parties to the dispute.
38 Appointments may be made despite other Act
(1) This section applies to a person who is employed or engaged, or
holds an office:
(a) on a full-time basis; or
(b) on the basis that the person may not:
(i) be otherwise employed or engaged; or
Part 7 Transitional matters for Community Justice Centre Act 2005
Community Justice Centre Act 2005 16
(ii) otherwise hold an office.
(2) Despite any other Act, the person is not disqualified from being
appointed or remunerated as one or more of the following:
(a) a mediator;
(b) a Council member;
(c) a Committee member;
(d) an adjudicator as defined in section 18(1).
39 Annual report
(1) For each financial year, the CEO must prepare an annual report on
the operation of this Act during that year.
(2) The CEO must give the Minister the report within 3 months after the
end of that year.
(3) The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
40 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
Part 7 Transitional matters for Community Justice
Centre Act 2005
41 Savings
(1) This section applies to any mediation commenced before the
commencement of this Act for or by the part of the Department of
Justice then known as the Community Justice Centre.
(2) This Act does not:
(a) prevent the completion of the mediation after the
commencement of this Act; or
Part 7 Transitional matters for Community Justice Centre Act 2005
Community Justice Centre Act 2005 17
(b) affect anything arising from the mediation (whether or not the
mediation was completed before the commencement of this
Act).
(3) Subsection (2) has effect:
(a) whether or not the person conducting the mediation is a
mediator or holds the prescribed qualifications for a mediator;
and
(b) whether or not the requirements of this Act have been
complied with in relation to the conducting of the mediation.
ENDNOTES
Community Justice Centre Act 2005 18
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Community Justice Centre Act 2005 (Act No. 40, 2005)
Assent date 13 December 2005
Commenced 22 February 2006 (Gaz G8, 22 February 2006, p 5)
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Statute Law Revision Act 2011 (Act No. 30, 2011)
Assent date 31 August 2011
Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)
Construction Contracts (Security of Payments) Legislation Amendment Act 2019 (Act
No. 27, 2019)
Assent date 3 September 2019
Commenced 3 February 2020 (Gaz G51, 18 December 2019, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 9, 18, 24 and 36.
ENDNOTES
Community Justice Centre Act 2005 19
4 LIST OF AMENDMENTS
s 5 amd No. 30, 2011, s 3
s 12 amd No. 12, 2010, s 3; No. 30, 2011, s 3
ss 17 – 18 amd No. 30, 2011, s 3
s 20 amd No. 30, 2011, s 3; No. 27, 2019, s 34
s 22 amd No. 27, 2019, s 35
s 26 amd No. 30, 2011, s 3
s 34 amd No. 40, 2010, s 118
ss 36 – 37 amd No. 12, 2010, s 3
pt 8 hdg exp No. 40, 2005, s 45
ss 42 – 45 exp No. 40, 2005, s 45