North Australian Aboriginal Justice Agency Ltd v Northern Territory

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJNORTH AUSTRALIAN ABORIGINAL JUSTICE AGENCY LIMITED & ANOR  PLAINTIFFSANDNORTHERN TERRITORY OF AUSTRALIA  DEFENDANTNorth Australian Aboriginal Justice Agency Limited v Northern Territory[2015] HCA 4111 November 2015M45/2015ORDERThe questions asked by the parties in the special case dated 10 June 2015 and referred for consideration by the Full Court be answered as follows:Question 1Is Division 4AA of Pt VII of the Police Administration Act (NT) (or any part thereof) invalid on the ground that:(a)it purports to confer on the executive of the Northern Territory a power to detain which is penal or punitive in character:a.which, if it had been passed by the Commonwealth Parliament, would be beyond the powers of that Parliament under section 122 of the Constitution, which powers are limited by the separation of powers enshrined in the Constitution; andb.which is therefore beyond the powers of the Legislative Assembly of the Northern Territory under the Northern Territory (Self-Government) Act 1978 (Cth), which powers are subject to the same limits; and/or(b)it purports to confer on the executive (rather than the courts) of the Northern Territory a power of detention which is penal or punitive in character, thereby undermining or interfering with the institutional integrity of the courts of the Northern Territory in a manner contrary to the Constitution?Answer(a) Division 4AA of Pt VII of the Police Administration Act (NT) does not confer on the executive of the Northern Territory a power to detain which is penal or punitive in character; it...