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North Australian Aboriginal Justice Agency Limited & Anor v. Northern Territory of Australia

Case No. M45/2015
Case information

Catchwords

Criminal procedure – Arrest and detention – Effecting arrest – Police Administration Act (NT) (“Act”) Div 4AA of Pt VII– Where Div 4AA of the Act allows for a member of the Police Force to take a person into custody for a period of up to four hours for an infringement notice offence – Where the offence in respect of which a person can be taken into custody can be an offence for which the maximum penalty is not imprisonment - Where the Act does not require a person to be brought before a justice of the peace or a Court – Whether Div 4AA is beyond the powers of the Northern Territory Assembly pursuant to s 122 of the Constitution and the Northern Territory (Self-Government) Act – Whether Div 4AA confers on the executive a power of detention which is penal or punitive in character.

Short Particulars

Documents

31/03/2015 Writ of summons

02/04/2015 Notice of constitutional matter (Plaintiff)

30/04/2015 Hearing (Single Justice, Melbourne)

03/06/2015 Hearing (Single Justice, Melbourne)

06/07/2015 Written submissions (Plaintiffs)

06/07/2015 Chronology (Plaintiffs)

13/07/2015 Proposed Written Submissions (Australian Human Rights Commission seeking leave to intervene)

06/08/2015 Written submissions (Defendant)

13/08/2015 Written submissions (Attorney-General of the Commonwealth intervening)

13/08/2015 Written submissions (Attorney-General for the State of New South Wales intervening)

13/08/2015 Written submissions (Attorney-General for the State of South Australia intervening)

13/08/2015 Written submissions (Attorney-General for the State of Western Australia intervening)

13/08/2015 Written submissions (Attorney-General of the State of Queensland intervening)

13/08/2015 Written submissions (Attorney-General for the Australian Capital Territory intervening)

20/08/2015 Reply

01/09/2015 Hearing (Full Court, Canberra) (Audio visual recording)

02/09/2015 Hearing (Full Court, Canberra) (Audio visual recording)

11/11/2015 Judgment (Judgment summary)