LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

BRIEF HISTORY OF ADMINISTRATION IN

THE NORTHERN TERRITORY

The first attempt at European settlement in northern Australia was made in 1824. In 1827 a portion of north Australia extending to the border of Western Australia was included in New South Wales. In 1863 the portion subsequently known as the Northern Territory was annexed by Letters Patent to the colony of South Australia.

However, from January 1911, the Territory, with its adjacent islands, was transferred to the Commonwealth by the Northern Territory Acceptance Act 1910. One of the conditions of the transfer was that such of the laws of South Australia as were applicable to the Territory at the time of transfer were to continue in force until such time as they were altered or repealed by or under any law of the Commonwealth.

The Northern Territory (Administration) Act provided that there shall be an Administrator appointed by the Governor-General to administer the Territory on behalf of the Australian Government, subject to any instructions given to him by the appropriate Minister from time to time.

The Northern Australia Act 1926 provided for the division of the Territory for administrative purposes into North Australia and Central Australia, separated by the 20th parallel of South latitude. However, in 1931 this Act was repealed and from that year the Territory was reunited and administered as before.

The Northern Territory (Administration) Act 1947 made provision for a Northern Territory Legislative Council. The election for the first Legislative Council was held on 13 December 1947 and the first meeting was on 15 February 1948. The Legislative Council consisted of 13 members - 7 official members (Government Department Heads) and 6 elected members. The Administrator of the Northern Territory was also President of the Legislative Council.

Elections for the second and third Legislative Councils were held on 10 December 1949 and 28 April 1951. Members of the fourth and fifth Legislative Councils were elected on 25 May 1954. Due to an administrative error the fifth Legislative Council was commenced at the start of the second session of the fourth Legislative Council. The election of the sixth Legislative Council was held on 23 February 1957.

The seventh Legislative Council was elected on 20 February 1960 and the number of elected members was increased to 8. The Administrator appointed 3 non-official members to the Legislative Council. The number of official members remained at 7. The election for the eighth Legislative Council was held on 8 December 1962. Prior to the election of the ninth Legislative Council the Northern Territory (Administration) Act was amended to replace the Administrator as President with a President elected from the elected members. The election for the ninth Legislative Council was held on 30 October 1965.

The election for the tenth Legislative Council was held on 26 October 1968. The number of elected members was increased to 11. The non-official membership of the Legislative Council was abolished. The number of official members remained at 7.

The election for the eleventh Legislative Council was held on 23 October 1971.
In 1974 the Legislative Council was replaced by a fully elected 19 Member Legislative Assembly representing each of the 19 electoral divisions in the Northern Territory. The first Legislative Assembly took office after an election held on 19 October 1974. The composition of the Assembly was 17 Country Liberal Party and 2 Independent members.

In 1978 the Northern Territory (Self-Government) Act was passed by the Commonwealth giving the Territory extended powers of self-government.

The Legislative Assembly membership was increased from 19 to 25 in 1982. The election in December 1983 gave the Country Liberal Party 19 seats, and the Australian Labor Party 6. The present composition is ALP 13, CLP 10 and Independents 2.

Members are elected to 25 single member electorates by a compulsory preferential voting system. The term of the Assembly is limited to 4 years from the first sitting day after a general election. A Speaker is elected by and from the Members. The Administrator appoints Ministers on the advice of the Leader of the majority party. The Administrator is advised by an Executive Council comprised of all Northern Territory Ministers.

Major powers retained by the Commonwealth in the Northern Territory include rights in respect of Aboriginal land, the mining of uranium and other prescribed substances within the meaning of the Atomic Energy Act, and industrial relations. For inter-governmental financial purposes the Northern Territory has been regarded by the Commonwealth as a State since 1 July 1988.

In brief, the Northern Territory (Self-Government) Act gives the Northern Territory limited state-type powers. The major state powers retained by the Commonwealth in the Northern Territory include Aboriginal land rights, the mining of uranium and other prescribed substances, industrial relations and control of Commonwealth national parks. The Northern Territory (Self-Government) Act also accords the Administrator and Governor-General the right to withhold assent and to recommend amendments to proposed Northern Territory laws. While these powers have not been exercised there have been a number of occasions since self-government when calls have been made for such action to be taken.

Two instances of the environment of Commonwealth power in which the Northern Territory Parliament operates are as follows:

(a) In 1997, the plenary power of the Commonwealth in respect of the Territory was exercised for the first time since self-government, when the Commonwealth Parliament enacted the Euthanasia Laws Act 1997 so as to amend the Northern Territory (Self-Government) Act to remove the power of the Legislative Assembly to make laws with respect to euthanasia and assisted suicide.

This amendment effectively rendered the Rights of the Terminally Ill Act 1995 of the Territory of no force or effect from the date of commencement of the Commonwealth Act. The voting on the Commonwealth legislation was on non-party lines.

(b) The provisions of the Native Title Act as they relate to States and Territories provide a number of different ways in which land development can be processed. States and Territories can use the national scheme of the Native Title Act; they can replicate the scheme in their own legislation; or they can legislate alternative provisions subject to the strict standards set out in section 43A(4), (6) and (7) of the Act.

In regard to alternative State or Territory schemes the Commonwealth Minister, the Attorney-General, has to consult the representative bodies about the proposed scheme. After considering any submissions received pursuant to section 43(1)(b) of the Act, the Minister may make written determination that the scheme complies with the required standards.

The written determination of the Commonwealth Minister is a disallowable instrument and, under section 46A of the Acts Interpretation Act of the Commonwealth, the determination is treated like any other disallowable instrument.

Between August 1998 and June 1999 the Assembly legislated, in 3 stages, in accordance with the requirements of section 43A of the Native Title Act. The ultimate scheme legislated by the Assembly was endorsed by the Commonwealth Attorney-General as having complied with the standards previously determined by the Commonwealth Parliament.

On 31 August 1999 the determination involving the Territory legislation for an alternative scheme was disallowed by the Senate.

Persons who, under the Commonwealth Electoral Act are qualified to vote at an election for the House of Representatives of the Australian Parliament, are qualified to vote at an election for the Legislative Assembly.

Proposed laws passed by the Legislative Assembly are presented to the Administrator for assent.

The Administrator may assent to such proposed laws, withhold assent or reserve the proposed law for the Governor-General's pleasure.

The Administrator may return the proposed law to the Legislative Assembly with amendments that he recommends.

The Legislative Assembly shall consider the amendments recommended by the Administrator and the proposed law, with those or any other amendments or without amendments, may be presented again to the Administrator for assent.
Where the Administrator reserves a proposed law for the Governor-General's pleasure, the Governor-General shall declare that he assents to the proposed law, in whole or in part, and return it to the Administrator with the amendments that he recommends.

The Legislative Assembly shall consider the amendments recommended by the Governor-General and the proposed law, with those or any other amendments or without amendments, may be presented again to the Administrator for assent.
The Governor-General may, within 6 months after the Administrator's assent to a proposed law, disallow the law or part of the law.

The Governor-General may, within 6 months after the Administrator's assent to a proposed law, recommend to the Administrator any amendments of the laws of the Territory that the Governor-General considers to be desirable as a result of his consideration of the law.

Where, as a result of his consideration of a law, the Governor-General so recommends any amendments of the laws of the Territory, the time within which the Governor-General may disallow the law, or a part of the law, is extended until the expiration of 6 months after the date of the Governor-General's recommendation.

Upon publication of a notice of the disallowance of a law, or part of a law, in the Government Gazette of the Territory, the disallowance has the same effect as a repeal of the law or part of the law.

If a provision of a disallowed law, or a provision of a disallowed part of a law, amended or repealed a law in force immediately before the commencement of the provision, the disallowance revives the previous law from the date of publication of the notice of disallowance as if the disallowed provision had not been made.

Where the Administrator withholds assent to a proposed law, or the Governor-General withholds assent to a proposed law or part of a proposed law or disallows a law or part of a law, a message from the Administrator stating the reasons for the withholding of assent, or for the disallowance, as the case may be, shall be laid before the Legislative Assembly within 6 sitting days of the Legislative Assembly after the date on which the assent was withheld or the date of the disallowance, as the case may be.

The Northern Territory (Self-Government) Act also provides for an Executive Council consisting of the Ministers of the Northern Territory Government. The Executive Council's function is to advise the Administrator in relation to matters in respect of which the Ministers of the Territory have executive authority under the Northern Territory (Self-Government) Act and Regulations.

The Supreme Court of the Northern Territory exercises civil and criminal jurisdiction. Appeals from the Supreme Court lie to the Court of Appeal of the Northern Territory for civil matters, and to the Court of Criminal Appeal for criminal matters. Both Courts of Appeal are constituted by three Judges of the Supreme Court of the Northern Territory.

Applications for leave to appeal from the Courts of Appeal can be made to the High Court of Australia.

The Magistrates Courts include the Court of Summary Jurisdiction, Family Matters Court and the Local Court with jurisdiction in civil matters, the Juvenile Court, the Work Health Court, the Coroners Court, and Wardens' Courts constituted under mining legislation. These courts are constituted by a Stipendiary Magistrate, except the Court of Summary Jurisdiction, which may be constituted by a Magistrate or two or more Justices of the Peace.

Darwin, Palmerston, Alice Springs, Katherine, Tennant Creek have municipal councils comprised of elected mayors and aldermen. Litchfield Shire have a President and elected councillors.

Since 1980 Aboriginal settlements and small townships in the Northern Territory have been encouraged to participate in a form of local government called Community Government. The residents of townships or settlements elect a council which has power to make by-laws, raise revenue by rating land within its community government area and charging for work done and for services, facilities, amenities and utilities provided.

Parliamentary Representation

The Commonwealth Electoral Act presently provides for the election of two members for the Northern Territory to the House of Representatives for two electorates, which are Lingiari and Solomon. For some years prior to an amendment of the Act in 1959 the member had no vote in the House, although the member could take part in debates in the House. Amendments passed in 1959 gave the member limited voting rights in respect of matters which related to the Northern Territory. The Act was further amended in 1968 and the member representing the Northern Territory now has the same voting rights as other members of the House of Representatives. Section 4 of the Senate (Representation of Territories) Act provides for the election of two Senators from the Northern Territory to serve in the Australian Senate. Elections for Territory Senators coincide with elections for the House of Representatives.

November 2003