Category: Northern Territory
Northern Land Council v Quall ~ HCA 33 ~2020.
Native title representative bodies, governments around the country, and countless participants in the resources, can all breathe a sigh of relief after the High Court unanimously decided that a representative body’s function of certifying applications for the registration of Indigenous land use agreements (ILUAs) can be carried out by the body’s Chief Executive Officer (CEO). Read More …
Report on the Trespass Act.
It is necessary to give some consideration at the outset to the common law concept of trespass to land. At common law, trespass to land “is committed by directly and intentionally … entering or remaining upon or causing some object to come into contact with land in the possession of another, without the consent of Read More …
SENTENCING ACT ~ “Dismiss the Charge”
Below is a collection of provisions of each of the States and Territories Sentencing Acts to allow one to have a charge dismissed without recording a conviction. Victoria SENTENCING ACT 1991 – SECT 76 Unconditional dismissal A court, on being satisfied that a person is guilty of an offence, may (without recording a Read More …
Private Capacity ~ Code of Conduct ~ N.T.
Are Police acting under their Code of Conduct? NORTHERN TERRITORY OF AUSTRALIA POLICE ADMINISTRATION ACT 1978 14A General orders (1) The Commissioner may, from time to time, in writing, issue such general orders and instructions as are necessary : (a) to secure the good government and efficient working of the Police Force; (2) Without limiting subsection (1), general orders Read More …
Protected: FOI ~ Have Local Government been established under the Constitution?
There is no excerpt because this is a protected post.
Criminal proceedings 101 ~ from beginning to end
1. Arrest: Valid arrests must be based on probable cause. A reasonable belief that a certain set of facts which rises to the level of a threat to life or property are true. Must be based entered into the court record via sworn statement. (REMEMBER – no sworn statement of probable cause, even in a Read More …
The Loftus Rule, the Government Gazette and the NT judges who never were
Loftus Rule: A rebuttable presumption that where an NT government decision is questioned it is more likely to be a fuck-up rather than an innocent mistake. (Syn: snafu – situation normal, all fucked up) BOB GOSFORD Loftus Rule: A rebuttable presumption that where an NT government decision is questioned it is more likely to be Read More …