1Short title
This Act may be cited as the Correctional Officers Arbitral
Tribunal Act 1950.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
This Act may be cited as the Correctional Officers Arbitral
Tribunal Act 1950.
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
Words and expressions used in this Act have the meanings ascribed thereto by the Correctional Services Act 2014.
(1) There shall be a Correctional Officers Arbitral Tribunal which shall have jurisdiction to hear and determine the conditions of service of correctional officers with respect to:
salaries;
cost of living and district allowances;
(c) hours of duty, including the provision of breaks for meals, and days off duty;
(d) payment for overtime worked at the direction of the Commissioner or a correctional officer authorised for that purpose by the Commissioner;
allowances to be paid to an officer:
whilst travelling on duty;
whilst engaged on special duties;
(iii) for performing duties higher than those of the office which an officer holds;
in lieu of the provision of living quarters; and
in lieu of the provision of uniforms;
(f) recreation leave, travelling time and the payment of fares of an officer and of his dependants for the purpose of proceeding on and returning from recreation leave;
long service leave;
sick leave;
leave in special circumstances;
(j) the notification of vacancies and the time within which vacancies shall be filled;
(k) the payment of the reasonable expenses incurred by an officer in the course of his being transferred from one custodial correctional facility to another;
(l) the payment of fares of an officer and of his dependants from the Territory to a place within the Commonwealth upon retirement due to age, ill health or physical incapacity; and
(m) such other matters as the Minister from time to time refers to the Tribunal.
The Tribunal shall be constituted by the following members:
(a) a person appointed by the Minister, who shall be the Chairman of the Tribunal;
the nominated member; and
the appropriate available elected member.
(3) The Minister shall appoint to be the nominated member a person nominated by the Minister.
The Minister shall appoint to be available elected members:
(a) a person stated by the Secretary of the Northern Territory Senior Prison Officers Association, in writing under his hand, to be the person elected by that association for the purpose of being appointed to be an available elected member; and
(b) a person stated by the secretary of the Northern Territory Prison Officers Association, in writing under his hand, to be the person elected by that association for the purpose of being appointed to be an available elected member.
The appropriate available elected member is:
(a) where the Tribunal exercises or is to exercise jurisdiction or a power conferred on it by this Act in respect of the conditions of service of senior correctional officers – the person appointed to be an available elected member after having been elected by the Northern Territory Senior Prison Officers Association for the purpose of being so appointed; or
(b) where the Tribunal exercises or is to exercise jurisdiction or a power conferred on it by this Act in respect of the conditions of service of correctional officers other than senior correctional officers – the person appointed to be an available elected member after having been elected by the Northern Territory Prison Officers Association for the purpose of being so appointed.
Subject to this Act:
(a) the person appointed to be the nominated member shall hold office as a member; and
(b) each person appointed to be an available elected member shall hold office as an available elected member,
for such term, not being more than 3 years, as is specified in the relevant instrument of appointment, and, on the expiration of his term of office, each of them shall be eligible for reappointment.
(5) The office of the nominated member becomes vacant upon the publication in the Gazette of a notice by the Administrator that the office of the nominated member is vacant.
(5A) The secretary of an association referred to in this section may, pursuant to a resolution passed at a general meeting of the association, by notice in the Gazette, declare that the person elected by the association to be an available elected member no longer holds office as an available elected member.
(5B) Upon the publication of a notice under subsection (5A), the person specified in the notice ceases to hold office as an available elected member.
The office of the nominated member also becomes vacant upon:
the death of the member; or
the resignation of the member.
(6A) A person appointed to be an available elected member also ceases to hold office as an available elected member if:
he dies; or
he resigns his appointment as an available elected member.
(6B) A nominated member who desires to resign his office shall deliver a written resignation to the Minister.
(6C) An available elected member who desires to resign his appointment as an available elected member shall deliver a written resignation to the Minister.
(6D) The resignation of a nominated member or available elected member becomes effective when it is received by the Minister.
(7) When the office of a nominated member becomes vacant the vacancy shall be filled by the appointment by the Minister of a person nominated by the Minister.
(7A) When a person ceases to hold office as an available elected member another person shall be appointed to be an available elected member in the same manner as previously followed in appointing the person who has ceased to hold office as an available elected member.
(8) There shall be a Secretary to the Tribunal who shall be appointed by the Minister.
The Tribunal shall, at the request of the nominated member or the appropriate available elected member or upon the motion of the
Chairman, be summoned by the Chairman by notice sent by post to the nominated member and the appropriate available elected member.
The notice shall specify the time and place of the meeting of the Tribunal and the matters to be dealt with by the Tribunal at the meeting.
At meetings of the Tribunal all questions shall be decided by a majority of votes.
(1) The Administrator may make an agreement:
relating to conditions of service of senior correctional officers with respect to the matters mentioned in section 11A(1) – with the
Northern Territory Senior Prison Officers Association; or
relating to conditions of service of correctional officers other than senior correctional officers with respect to those matters –
with the Northern Territory Prison Officers Association.
Every agreement made in pursuance of this section shall be in writing and for a term to be specified therein and not exceeding
5 years from the date of the making thereof.
The Chairman of the Tribunal shall certify the agreement, unless he is of the opinion that it is not in the public interest that it should be certified.
The agreement when so certified shall be filed with the
Secretary to the Tribunal and shall, thereupon, be of full force and effect according to its terms.
Every such agreement shall during its continuance be binding on the Administrator, the Territory and:
if the agreement was made by the Northern Territory Senior Prison
Officers Association – on senior correctional officers; or
if the agreement was made by the Northern Territory Prison
Officers Association – on correctional officers other than senior correctional officers.
Any agreement made in pursuance of section 11D shall be notified in the Gazette by a notice that the agreement has been made and specifying the place where copies of the agreement can be purchased or obtained.
When an agreement is made in pursuance of section 11D the
Chairman shall forthwith send a copy of the agreement to the
Minister.
The Minister shall on the first sitting day of the Legislative
Assembly after he receives a copy of the agreement cause that copy to be laid before the Assembly.
In default of any express provision to the contrary therein contained, an agreement shall, unless rescinded, and subject to any variation, continue in force after the expiration of the term specified therein, until the expiration of one month after either party thereto has given written notice to the Secretary to the
Tribunal and the other party of his desire to terminate it.
Any determination made by the Tribunal in pursuance of this Act shall be notified in the Gazette by a notice that such determination has been made and specifying the place where copies of the determination can be purchased or obtained.
A determination shall, except to the extent to which it is expressed to come into operation on an earlier or later date, but subject to subsection (5), come into operation on the date of its notification in the Gazette.
When the Tribunal makes a determination under this Act, the
Chairman shall forthwith send a copy of the determination to the
Minister.
The Minister shall, on the first sitting day of the Legislative
Assembly after he receives a copy of the determination, cause that copy to be laid before the Assembly.
If the Legislative Assembly passes a resolution (of which notice has been given within 12 sitting days of the Assembly after the determination has been laid before it) disallowing the determination, that determination shall cease to have effect.
Where a determination is disallowed under this section, the disallowance of the determination shall have the same effect as does the repeal of a regulation.
Any determination made by the Tribunal in pursuance of this Act shall be binding on the Administrator, the Territory and the correctional officers to whom it is expressed to relate and the Administrator, the
Territory and such correctional officers shall comply with the provisions of any such determination.
Notwithstanding anything contained in this Act, the Tribunal may, on its own motion or on the submission of any person or organization interested in any determination, give an interpretation of any term of an existing determination, and the provisions of this
Act shall apply to any such interpretation in like manner as they apply to a determination.
Before giving any such interpretation on its own motion the
Tribunal shall hear argument on behalf of any person or organization who or which is interested in the determination and is desirous of being heard.
For the purpose of this Act, the Tribunal may, by writing under the hand of the Chairman, summon any person to attend the Tribunal at a time and place named in the summons, and then and there to give evidence and to produce any books, documents or writings in his custody or control which the Chairman deems relevant to any proceedings before the Tribunal and which he is required by the summons to produce.
The Tribunal may, in its discretion, on the application of any party to any proceedings before it, by writing under the hand of the
Chairman, summon any person to appear as witness before the Tribunal.
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