Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 59, in Part 9
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(1) Each of the following is an appealable decision :
(a) a decision by a Chief Executive Officer under section 44(2) to take remedial action of a kind mentioned in section 46(1)(b)(ii) or (iii) or (c);
(b) a decision by a Chief Executive Officer under section 49A(1) to take disciplinary action of a kind mentioned in section 49C(1)(b)(v) to (viii) or (c);
(c) a decision by a Chief Executive Officer under section 50 to terminate an employee's employment.
(2) A person about whom an appealable decision is made may appeal against the decision.
(3) Notice of an appeal under this section must be given to the Commissioner within 14 days after written notice of the decision is given to the person.
(4) The making of an appeal under this section does not affect the operation or implementation of the decision the subject of the appeal.
(1) This section applies if:
(a) under section 30 a Chief Executive Officer selects an employee ( employee A ) to perform duties; and
(b) the selection is a promotion for employee A; and
(c) notification of the promotion is required under section 30(2); and
(d) either:
(i) another employee ( employee B ) also applied to be promoted to perform those duties; or
(ii) if a vacancy was advertised under section 30(1)(a), the Commissioner grants an employee who did not apply for selection ( employee B ) leave to appeal.
(2) Employee B may appeal against the Chief Executive Officer's decision to promote employee A rather than employee B.
(3) Notice of an appeal under this section must be given to the Commissioner within 14 days after the decision to promote employee A is notified under section 30(2).
(1) The Commissioner must convene an appeal board for an appeal.
(2) An appeal board must consist of 3 members as follows:
(a) a person selected by the Commissioner;
(b) a person selected by the relevant Chief Executive Officer;
(c) a person selected by the employee organisation prescribed by regulation.
(3) Selections for subsection (2)(b) and (c) must be made in the way prescribed by regulation.
(4) If the relevant Chief Executive Officer or employee organisation does not select an appeal board member in the way prescribed, the Commissioner must select a person instead.
(5) The person mentioned in subsection (2)(a) is the chairperson of the board.
(6) A member of an appeal board holds office on the terms and conditions determined by the Commissioner.
(1) An appeal board may decline to deal with, or to continue dealing with, an appeal if satisfied:
(a) the appeal is frivolous, vexatious or not made in good faith; or
(i) have been commenced by, or on behalf of, the appellant; and
(ii) have neither:
(A) been withdrawn; nor
(B) failed for want of jurisdiction.
(2) In this section:
"alternative proceedings" means proceedings under another Act or a law of the Commonwealth or of a State or another Territory, for a review of the decision the subject of the appeal.
(1) An appeal board:
(a) must conduct the appeal as a new hearing of the decision the subject of the appeal; and
(b) is not limited to consideration of the information that was available to the Chief Executive Officer who made the decision.
(2) The appeal board may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision; or
(d) set aside the decision and return the matter to the relevant Chief Executive Officer for reconsideration; or
(e) set aside the decision and replace it with the appeal board's decision.
(3) An appeal board returning a matter under subsection (2)(d) may give to the Chief Executive Officer any directions the board thinks fit as to how the matter is to be dealt with.
(4) An appeal board's decision under subsection (2)(e) must be one that could have been made by the relevant Chief Executive Officer when he or she made the original decision.
(5) The appeal board must give written notice of its decision and the reasons for it to the appellant and the relevant Chief Executive Officer.
(1) Subject to this section, an appeal board may conduct an appeal in the way the appeal board considers appropriate.
(2) The appeal board must conduct the appeal:
(a) as expeditiously as is reasonably practicable; and
(b) with as little formality and technicality as is reasonably practicable; and
(c) in private, unless all parties agree otherwise; and
(d) in accordance with the regulations.
(3) In conducting the appeal, the appeal board:
(a) is not bound by the rules of evidence but must comply with natural justice; and
(b) is not required to hold a hearing.
(4) Without limiting subsection (1), the appeal board may do one or more of the following:
(a) obtain relevant information from persons as, and in the way, the appeal board considers appropriate;
(b) consult with persons as the appeal board considers appropriate;
(c) make inquiries as the appeal board considers appropriate.
(5) Without limiting subsection (4)(a), the appeal board may require a person to do one or more of the following:
(a) appear before the appeal board;
(b) give information to the appeal board, on oath or otherwise;
(c) produce information or documents to the appeal board;
(d) verify information or a document by statutory declaration.
(6) A person appearing before the appeal board may be represented by a legal practitioner or agent only with the leave of the appeal board.
(7) A person must comply with a requirement under subsection (5).
Maximum penalty: 43 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
(9) It is a defence to a prosecution for an offence against subsection (7) if the person establishes a reasonable excuse.
(10) Without limiting subsection (9), it is a reasonable excuse if complying with the requirement might tend to incriminate the person.
(1) A 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 of a power or performance of a function as a member of an appeal board.
(2) In addition, the person is not civilly or criminally liable for an act done or omitted to be done by the appeal board in the exercise of a power or performance of a function under this Act.
(3) Subsections (1) and (2) do not affect any liability the Territory would, apart from those subsections, have for the act or omission.
(4) In this section:
"exercise", of a power, includes the purported exercise of the power.
"performance", of a function, includes the purported performance of the function.