Douglas, Lyn --- "NT Law Reform Report" [1996] ALRCRefJl 20; (1996) 69 Australian Law Reform Commission Reform Journal 53

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ALRC Reform 69

NORTHERN TERRITORY LAW REFORM COMMITTEE

The Northern Territory Law Reform Committee operates as an independent, non-statutory, standing committee, with a written constitution and voluntary membership. Justice Dean Mildren who has been President of the Committee since 1991, will resign at the end of June 1996. The Committee is grateful for his assistance and leadership over the last five years. A new President has not yet been nominated.

The Committee averages one report a year. The most recent report to be published, but not yet distributed, relates to a 1991 reference from the then Attorney-General, the Hon Daryl Manzie MLA. The Report, Mediation and the Criminal Justice System, is one of four parts of that reference relating to the need for reforms in the Northern Territory in the area of alternative dispute resolution.

Completion of this reference is not without its difficulties. These include the pace of change in the area of alternative dispute resolution both across Australia and in the Territory itself and changes in the membership of the four sub-committees formed to report on the reference. The breadth of the topic as well as its overlap into social science areas have also contributed to the length of time needed to consider this reference.

The Committee's last report on Mediation and the Criminal Justice System recommends the establishment of a victim-offender mediation program in the Northern Territory. The Report sets out some guidelines for the program including the need for the consent of the victim for the mediation to take place, and the need for the offence to be of a suitable kind. The Report anticipates that upon consent of both parties to a victim-offender mediation, a binding agreement would be made which could be used by the Court in sentencing matters or in community service/probation orders.

Two sub-committees continue to look at alternative dispute resolution in the context of family and domestic disputes and Aboriginal issues. A third sub-committee will be re-constituted to continue to look at alternative dispute resolution in relation to civil law.

A separate sub-committee has been working on review of property law in the Northern Territory with a view to the enactment of some much needed property legislation. This report is proceeding well and should be available shortly.

Lyn Douglas

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