Legal Requirements

Legislation

Health services have a number of legal responsibilities determined by both Commonwealth and NT legislation. Most legislation covering the operations of health professionals and health services is under NT jurisdiction. Commonwealth jurisdiction covers more general issues, such as anti-discrimination, taxation, superannuation and employment.

Through these Acts health services are required to:

• Comply with and meet the minimum employment requirements of federal and state/territory awards or employment agreement and provide a pay advice slip.
• Not discriminate against particular groups or individuals on the basis of race, gender, sexuality, marital status, pregnancy, disability or age.
• Keep records of all employees.
• Fulfil tax obligations applicable to your organisation, eg income tax, fringe benefits tax and GST.
• Provide the minimum level of superannuation support to all employees.
• Provide a healthy and safe workplace.
• Register for Workers Compensation and follow the requirements for insurance, accidents and rehabilitation.

Back to Top

 

Health Services

 

Medicare & PBS

Health Insurance Act 1973 Commonwealth

The Commonwealth Health Insurance Act 1973 provides for the operations of the Medical Benefits Scheme and the Pharmaceutical Benefits Scheme under which Medicare operates. It includes the conditions under which Medicare Australia (formerly Health Insurance Commission) will pay for services rendered by doctors (either directly or on their behalf) to patients according to the Medicare Benefits Schedule. A guide to the rules governing access to the MBS are detailed in the front sections of the Medicare Benefits Schedule, which all health services should receive from

Back to Top

Coroner's Act NT

The NT Coroners Act 2011 and Coroners Regulations 2010 detail when the Coroner must be informed of a death. The Act defines a reportable death as one:

• that appears to have been unexpected, unnatural or violent
• that appears to have resulted, directly or indirectly, from an accident or injury
• that occurred during an anaesthetic or as a result of an anaesthetic and is not due to natural causes
• that occurred when a person was held in, or immediately before death, was held in care or custody
• that was caused or contributed to by injuries sustained while the person was held in custody
• of a person whose identity is unknown
• and in certain other circumstances.

A medical practitioner who is present at or after the death of a person must report the death as soon as possible to a coroner if:

• the death is a reportable death
• the medical practitioner does not view the body of the deceased person
• the medical practitioner is unable to determine the cause of death.

Once a death is reported to the Coroner, the body of the deceased person is under the control of the Coroner, and cannot be disposed of until the Coroner has issued a certificate permitting its disposal.

Under the Act senior next of kin have the following rights:

• to be notified of the death as soon as possible
• to request to view the scene of death and view the body
• to be notified of a decision to perform an autopsy
• to request the coroner that an autopsy either be performed or not performed
• to apply to inspect and copy the record and file of an investigation or inquest
• to be advised of the date of the inquest, if one is to be held
• to be informed in writing of the decision not to hold an inquest
• to apply to the Supreme Court for an order that an inquest be held
• to appear or be represented at an inquest, call and examine or cross-examine witnesses and make submissions
• to request the Coroner to order that inquest proceedings not be published and
• to apply to the Supreme Court to set aside inquest findings
• to be notified of a decision to perform an exhumation
• to request the coroner that an exhumation either be performed or not performed

It is important that the senior next of kin are aware of their rights in these matters.

Back to Top

Complaints

Health and Community Services Complaints Act NT

The NT Health And Community Services Complaints Act 1998 and Regulations as in force 2011 establish and outline the powers of the Health and Community Services Complaints Commission. It has a process to be followed when complaints relating to health or community services are made. A number of Aboriginal community controlled health services are listed in the schedule; these are Anyinginyi Congress Aboriginal Corporation, Central Australian Aboriginal Congress Incorporated, Danila Dilba Biluru Butji Binnilutlum Medical Service Aboriginal Corporation, Miwatj Health Aboriginal Corporation and Wurli Wurlinjang Aboriginal Health Service. NT Department of health, residential nursing homes and private general practitioners also are subject to this Act.

Back to Top

Registration Boards

The National Registration and Accreditation Scheme (NRAS) commenced July 2010. The Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010) commenced 1st July 2010.

The NT Health Practitioners Act 2007 in force 2011 provides for the registration and licensing of AHWs, chiropractors, dentists, doctors, midwives, nurses, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists and psychologists, and defines the functions of the respective Registration Boards. The AHW Registration Board is the one most relevant to Aboriginal health services.

The NT AHW Board will continue to regulate AHW in the NT under the NT legislation until 30 June 2012. There will be transitional arrangements established, to ensure all AHW, who hold registration as of 30 June 2012, are automatically transitioned to the national scheme as of 1 July 2012.

Australian Health Practitioners Regulation Agency (AHPRA) NT

AHPRA NT provides secretariat and business support for the effective operation of ten(10) national health professional boards. It also supports four (4) Boards including the AHW Registration Board that will join the national registration in July 2012. It also provides complaints management services, board meeting support services, register available to the public, professional advice and support services and statutory accountability.

Back to Top

Mental Health Act NT

The NT Mental Health And Related Services Act 2011 provides for the care, treatment and protection of people with mental illness in hospitals and the community. It provides any medical practitioner registered to practice in the Northern Territory can make a request for psyhiatristric examination.

Form 9 must be completed to make the request and this may include the need for police escort. It needs to be faxed to:

Darwin Region: (08) 8922 8878
Katherine: (08) 8973 8561
East Arnhem: (08) 8987 0443
Tennant Creek: (08) 8962 4304
Alice Springs: (08) 8951 7836

The Department of Justice is responsible for Part 15 of the Act which outlines the roles and responsibilities of the Mental Health Tribunal.

Further information.

Back to Top

Natural Death Act NT

The NT Natural Death Act 1988 and the Natural Death Regulations 1989, NO. 14 provide for people over the age of 18 years to register their desire not to have their life prolonged by artificial means.

Back to Top

Notifiable Diseases

Notifiable Diseases Act NT

The NT Notifiable Diseases Act 1999 specifies which diseases must be notified to NT authorities. The Centre for Disease Control (CDC) staff in NTDH can provide details of what is required.Under Section 10 of the NT Notifiable Diseases Act, the diagnosing medical practitioner must inform parents or guardians if their children under the age of 16 years have a notifiable disease including STIs. This is contentious amongst health practitioners as it is considered by some that adolescents may not trust health care practitioners and consequently may not attend for care if they suspect they have an STI.

May 2011 list of notifiable Diseases. Notifiable Disease Report Form.

Back to Top

Poisons and Dangerous Drugs Act

The NT Poisons And Dangerous Drugs Act and the Poisons and Dangerous Drugs Regulations 2005 regulate the sale, supply, storage, possession and use of poisons and dangerous drugs. For health services, Schedule 8 drugs must be securely stored in a locked room in a safe or locked cupboard. When carried they must be kept in a locked bag. Keys must remain in the possession of the person in control of the substance. Health services must keep a register of drugs, where records of use of substance, including patient and practitioner details are kept.

The Schedule of substance under the Act are:

Schedule 1

Substance of plant origin of sufficient danger to warrant them to be only available from doctors, pharmacist or veterinarians (eg Tansy oil)

Schedule 2

Substances available from pharmacies, or licensed persons (eg Aspirin)

Schedule 3

Therapeutic substance so dangerous or subject to abuse that warrant availability only through doctors, pharmacist, dentist or veterinarians (eg hydrocortisone)

Schedule 4

Substances that are restricted to prescription by doctors, dentist or veterinarians (eg antibiotics, vaccines)

Schedule 5

Substances of a hazardous nature requiring caution in handling, storage and use (eg ether, warfarin).

Schedule 6

Substance that must be available to the public but are more hazardous than those in Schedule 5 (eg creosote, eucalyptus oil >25%).

Schedule 7

Substances that require special precautions in handling, storage and use, and labelling requirements (eg allyl alcohol, arsenic)

Schedule 8

Substances that are drugs of dependence (eg pethidine, dexamphetamine). These must be stored in a locked room, safe or cupboard.

Section 29 (4A) allows nurses to store and supply any Schedule 2,3,4 or 8 substance while at work without the direction of a doctor as long as s/he is doing so according to the policies of the health service in which s/he is employed. Section 29 (4C) applies to AHWs storing and/or supplying Schedule 2,3 and 4 substances as above. However, staff not trained in the administration of these drugs should not do so.

Section 90 requires registered nurses working in remote and community health to have completed the NT’s About Giving Vaccines (AGV) course in order to legally administer vaccines.

Back to Top

Public Health and Environmental Health Act NT

The NT Public and Environmental Health Act 2011 enables special action to be taken to protect the health of particular individuals and communities in the Territory who are at public health risk or facing particular health problems, whilst the Public Health (General Sanitation, Mosquito Prevention, Rat Exclusion and Prevention) Regulations include a range of areas impacting on public health including sanitations, medical and dental premises, hostels, eating houses, garbage disposal, and mosquito control. See also the Public Health (Cervical Cytology) Regulations 2007 and the Public Health (Medical and Dental Inspection of School Children) Regulations 2005.

Emergency Medical Operations Act

The Emergency Medical Operations Act 2004 outlines the requirements regarding the performance of emergency operations and blood transfusions.

Back to Top

Information Act NT

The NT Information Act 2009 and the NT Information Regulations came into operation on 1 July 2003. It combines Freedom of Information (FOI), privacy and records management legislation. The Department of Business and Employment is responsible for the Information Act (in so far as it relates to Records).

Back to Top

Community Services

Privacy Act - Commonwealth

The Commonwealth Privacy Act 1988 gives effect to the Organisation for Economic Cooperation and Development Guidelines on the Protection of Privacy and Transborder Flows of Personal Data and the International Covenant on Civil and Political Rights (Article 17). The guidelines cover the collection of personal information, its use, access to and alteration of the information.

The Act has three areas in which the guidelines are given specific effect in the form of legally binding standards.

• Information Privacy Principles: To protect personal information that federal government departments or agencies collect. There are strict privacy safeguards that agencies must observe in collecting, storing and using information.
• Tax File Numbers Guidelines: To ensure that tax file numbers are collected and used only for tax related or assistance agency purposes.
• Consumer Credit Reporting: Privacy protection for consumer credit information, including the type of information that may be collected and the use and disclosure of this information.
• The Privacy Commissioner also has a function of encouraging businesses to conform voluntarily to the guidelines.

Back to Top

Adult Guardianship

Adult Guardianship Act NT

The NT Adult Guardianship Act provides for guardianship for adults who have an intellectual disability, including dementia. Advice and further information about adult guardianship can be obtained from the contacts below.

Back to Top

Alcohol

In July 2011 the Northern Territory Government introduced 3 pieces of legislation regarding the consumption of alcohol. The laws introduce new bans for problem drinkers, mandated treatment, a Banned Drinker Register and a photo ID scanner at all takeaway liquor outlets across the Territory to enforce the bans.They include

1. Alcohol Reform (Prevention of Alcohol-Related Crime and Substance Misuse Act)

This enables: Banning Alcohol and Treatment (BAT) Notices; Alcohol Intervention Certificates and an Alcohol and Other Drugs (AOD) Tribunal.

People with a BAT notice can attend a health service and undergo an assessment and complete an Alcohol Misuse Intervention (AMI).  The AMI may also, if successfully completed, lead to the person’s ban being lifted.

Police, child protection workers and family members will be able to refer problem drinkers to the AOD Tribunal to seek a ban and treatment order from 1 January 2012.

2. Alcohol Reform (Substance Misuse Assessment and Referral for Treatment (SMART) Court) Act 2011

The new SMART Court will have powers to make orders for people with a history of serious substance misuse who have been found guilty of committing certain offences.

3. The Liquor Act is about the sale, supply and serving of alcohol; it includes a banned Drinker Register and the Identification Scanner System.  

Births & Deaths Registration

Births, Deaths and Marriages Registration Act NT

The NT Births, Deaths And Marriages Registration Act and the NT Births, Deaths and Marriages Registration Regulations provide for the registration of births, deaths and marriages.

The Registry of Births, Deaths and Marriages must be notified of a birth within 10 days after the birth.

In the case of a stillbirth, a Medical Certificate Cause of Perinatal Death stating the cause of foetal death must be provided to the Registry. This can be completed by the doctor attending the birth or by the doctor who examines the body of the stillborn child. A stillbirth is defined as a foetus more than 20-weeks-old or more than 400gms weight.

The Registry must be informed of a death of a person within 48 hours of the death via a Medical Certificate of Cause of Death. This may be completed by a doctor:

• who was responsible for a person's medical care immediately before death, or
• who examines the body of a deceased person after death.

The doctor need not give a notice under this section if another doctor has given the required notice or a coroner has been notified of the death under the Coroners Act.

Medical Certificate Cause of Perinatal Death and Medical Certificate of Cause of Death forms are available from the Registry of Births Deaths and Marriages.

Back to Top

Care and Protection of Children

Care and Protection of Children Act NT

The NT Government has undertaken significant reforms to the child protection service system. Legislation for the protection of children - the Care and Protection of Children Act was passed by the Legislative Assembly in November 2007. 

Section 26 of the Act imposes a legal responsibility on every person in the Northern Territory to report child abuse and neglect and cases where children have been or are likely to be a victim of a sexual offence.

Employers have  a legal obligation to ensure that their clinicians are orientated to and are aware of their obligations under the Care and Protection of Children Act (criminal penalities apply).
Each of the following persons must ensure everyone providing services for a child under the person's control or direction is aware of the obligations under section 26(1):
        (a)     an operator of child-related services
        (b)     an operator of children's services
        (c)     the person in charge of a hospital or any other facility for health services
        (d)     the person in charge of a school or any other educational institution.

The Act was amended in 2009 and in 2011to include that any person whose work involves child related employment is required by law to have a Clearance Notice. Since  July 2011, it is compulsory for Territorians who work or volunteer in a nominated group of child-related employment categories to receive their Working with Children Clearance and Ochre Card.

The NT Department of Health has a fact sheet Reporting Harm and Sexual Offences Involving Children.

Legal Services factsheet Top End and factsheet Central Australia.

Back to Top

Disability Services

Disability Services Act NT

The NT Disability Services Act 2008 sets out the rights of people with disabilities and the principles service providers and researchers should follow to meet the needs of people with disabilities.

Back to Top

Domestic Violence

Domestic Violence Act NT

The NT Domestic and Family Violence Act 2009 and the Domestic and Family Violence Regulations 2008 provide for the making of Domestic Violence Orders (formerly restraining orders) in relation to domestic violence and the registration and enforcement of such orders.

The Domestic and Family Violence Amendment Bill was passed by the Northern Territory Parliament in February 2009 and commenced on 12 March 2009. This amendment means that adults are required by law to report domestic and family violence to the Police if they think someone has, or is likely to, suffer serious physical harm from family violence.

Mandatory reporting of Domestic and Family Violence Factsheet

Domestic and Family Violence Mandatory Reporting Flowchart

Mandatory Reporting ToolKit for health services.

Back to Top

NT Department of Health

The NT Medical Services Act relates to the functions of NTDH.

Back to Top

Employment

Workplace Relations

Fair Work Act 2009 Commonwealth

Australia’s new national workplace system - Fair Work – was launched on 1 July 2009. This system was created by the Fair Work Act 2009 and covers the majority of workplaces in Australia. From 1 January 2010 a number of significant changes have taken place.  

The national workplace relations system
There are now two main bodies in the national workplace relations system:

1. Fair Work Australia
2. Fair Work Ombudsman

Fair Work Australia is an independent tribunal on national workplace relations. It has powers to carry out a range of functions relating to workplace disputes and industrial action, the minimum wages and employment conditions safety net, collective agreement lodgement (now referred to as enterprise agreements), enterprise bargaining and more. It had assumed most of the functions of the Australian Industrial Relations Commission (AIRC) and the Registry in July 2009 and took on the remaining functions on 1 January 2010.

The Fair Work Ombudsman provides national workplace relations advice and education to employees, employers and organisations. Fair Work Inspectors can help employers, employees and organisations comply with the new national workplace relations laws and, where necessary, take steps to enforce the laws through the court system. The Fair Work Ombudsman replaced the Workplace Ombudsman in July 2009.

These bodies have replaced the AIRC, the Australian Industrial Registry, the Australian Fair Pay Commission (AFPC)  and the Australian Fair Pay Commission Secretariat.

Workplace Relations processes
 Key elements of the new system are:

• an expanded legislative safety net of 10 National Employment Standards
• new modern awards
• revised enterprise bargaining arrangements
• streamlined protections dealing with workplace and industrial rights, including protection against discrimination and unfair dismissal.
• the better off overall test replaces the no-disadvantage test for assessing enterprise agreements made from 1 January 2010
• applications for approval of enterprise agreements must be lodged with FWA within 14 days of the agreement being made
• there are no longer any legislative provisions for the making of individual agreements.

The National Employment Standards (NES) are set out in the Fair Work Act 2009 and comprise 10 minimum standards of employment.

• Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours.
• Requests for flexible working arrangements – allows parents or carers of a child under school age or of a child under 18 with a disability, to request a change in working arrangements to assist with the child’s care.
• Parental leave and related entitlements – up to 12 months unpaid leave for every employee, plus a right to request an additional 12 months unpaid leave, plus other forms of maternity, paternity and adoption related leave. 
• Annual leave – 4 weeks paid leave per year, plus an additional week for certain shift workers.
• Personal / carer’s leave and compassionate leave – 10 days paid personal / carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave (unpaid for casuals) as required.
• Community service leave – unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
• Long service leave – a transitional entitlement for certain employees who had certain LSL entitlements before 1/1/10 pending the development of a uniform national long service leave standard.
• Public holidays – a paid day off on a public holiday, except where reasonably requested to work.
• Notice of termination and redundancy pay – up to 4 weeks notice of termination (5 weeks if the employee is over 45 and has at least 2 years of continuous service) and up to 16 weeks redundancy pay, both based on length of service.
• Provision of a Fair Work Information Statement – employers must provide this statement to all new employees. It contains information about the NES, modern awards, agreement-making, the right to freedom of association, termination of employment, individual flexibility arrangements, rights of entry, transfer of business, and the respective roles of Fair Work Australia and the Fair Work Ombudsman.

Provision of Awards and Agreements

An employer who employs a person to whom an award applies must keep a copy of the provisions of that award and must make the copy available for that person to inspect on demand.

Employment Records

Employment records, containing information on the employee’s name, classification, award, pay received, all deductions, signed time sheets, leave taken, superannuation contributions, must be kept for seven years after the last entry in the record was made.

Pay Slips

When an employer gives an employee his or her pay, the employer must also give the employee written details of date of payment, the period covered by payment, hours worked, all deductions, superannuation contributions, gross pay, amount actually paid and how the amount is made up. Factsheet.

Payment of Employees

If the employee is covered by an award or employment agreement that does not state how often the employee is to be paid an employer must pay the employee the amount the employee is entitled to at least once in every fortnight.

If the employee is not covered by an award or employment agreement then the employer must pay the employee once in every month.

Allowances

Most awards contain provision for the payment of various allowances. The only way to be certain that you know what they are is to have a copy of the award.

Assistance

The Office of Fair Work Australia assists employers and employees in understanding the new arrangements.

Contact

Fair Work Phone: 1300 363 264
Australian Council of Trade Unions (ACTU) 1300 362 223

Public Sector Employment and Management Act NT

The NT Public Sector Employment And Management Act provides for the regulation of the NT Public Service, including human resource administration and management of other agencies established for government or public purposes. This is relevant for health services operating through NT Government agencies.The Act has been reviewed in 2011 and changes wil come effect in 2012. Employee Information Sheet.

Back to Top

Working Conditions

Annual Leave Act NT

The NT Annual Leave Act 2008 covers permanent employees who are not covered by an award and allows for a minimum of 28 consecutive days annual leave after 12 months continuous service. Shift workers or people who work on Sundays or public holidays are entitled to a further seven days a year. Annual leave pay includes a 17.5% loading.

Long Service Leave Act NT

The NT Long Service Leave Act entitles employees continuously with same employer for 10 years to long service leave of 1.3 weeks per year of service. After each further five years of service, the employee is entitled to 1.3 weeks for that five-year-period.

Contact

Office of the Commissioner for Public Employment

Darwin: Tel. 08 8999 5511

Alice Springs: Tel. 08 8951 5785

Back to Top

Human Rights, Equal Opportunity & Discrimination

Australian Human Rights Commission Act 1986

The Commonwealth Australian Human Rights Commission Act 1986 established the Human Rights Commission. The Act provides for the Commission's administration which is responsible for administering the following federal laws (outlined below):

• Age Discrimination Act 2004
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984
• Australian Human Rights Commission Act 1986

The Act also gives the Commission the responsibility for observing seven international instruments ratified by Australia. These are:

• International Covenant on Civil and Political Rights (ICCPR)
• Convention Concerning Discrimination in Respect of Employment and Occupation ILO 111
• Convention on the Rights of Persons with Disabilities
• Convention on the Rights of the Child
• Declaration of the Rights of the Child
• Declaration on the Rights of Disabled Persons
• Declaration on the Rights of Mentally Retarded Persons, and
• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

The Aboriginal and Torres Strait Islander Social Justice Commissioner has specific functions under the AHRC Act and the Native Title Act,1993 to monitor the human rights of Indigenous people.

Contact

Human Rights Commission

Ph: 02 9284 9600; Complaints:1300 656 419;

General enquiries and publications: 1300 369 711

Racial Discrimination Act 1975

The Commonwealth Racial Discrimination Act 1975 makes discrimination on the basis of race illegal and gives effect to Australia’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.

The Act’s objectives are to:

• promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin, and
• make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful.

The Act covers discrimination in areas such as employment, renting or buying property, the provision of goods and services, accessing public places and in advertising.

Contact

Australian Human Rights Commission

Ph: 02 9284 9600; Complaints:1300 656 419

Equal Opportunity For Women In The Workplace Act 1999

The Commonwealth Equal Opportunity For Women In The Workplace Act 1999 has replaced the Affirmative Action (Equal Opportunity for Women) Act 1986.

The principal objects of this Act are:

• To promote the principle that employment for women should be dealt with on the basis of merit.
• To promote, amongst employers, the elimination of discrimination against, and the provision of equal opportunity for, women in relation to employment matters.
• To foster workplace consultation between employers and employees on issues concerning equal opportunity for women in relation to employment.

The Act is administered by the Equal Opportunity for Women in the Workplace Agency (EOWA).

Contact

Equal Opportunity for Women in the Workplace Agency (EOWA)

Tel. (02) 9432 7000

NT Working Women's Centre Toll Free: 1800 817 055

Disability Discrimination Act 1992

The Commonwealth Disability Discrimination Act 1992 aims to:

• Eliminate discrimination against people with disabilities.
• Promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community.
• Ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community.

Contact

Australian Human Rights Commission

Ph: 02 9284 9600; Complaints:1300 656 419

Sex Discrimination Act 1984

The Commonwealth Sex Discrimination Act 1984 gives effect to Australia’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156. Its major objectives are to:

• Promote equality between men and women.
• Eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities.
• Eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs.

Contact

Australian Human Rights Commission

Ph: 02 9284 9600; Complaints:1300 656 419

NT Anti-Discrimination Commission Toll Free: 1800 813 846

Anti-Discrimination Act NT

The NT Anti-Discrimination Act and the Anti-Discrimination Regulations promote the principle of the right to equality of opportunity of persons regardless of an attribute and to eliminate discrimination against persons on the ground of race, sex, sexuality, age, marital status, pregnancy, parenthood, breastfeeding, impairment, trade union or employer association, religious belief or activity, political opinion, affiliation or activity, irrelevant medical record or irrelevant criminal record in the area of work, accommodation or education or in the provision of goods, services and facilities, in the activities of clubs or in insurance and superannuation; and to eliminate sexual harassment.

Contact

NT Anti-Discrimination Commission

Toll Free: 1800 813 846

Back to Top

Finances

Superannuation

Superannuation Act 1990 Commonwealth

A series of Acts from the Commonwealth provide for the rates of superannuation payable by employers (up to 9% of gross salary). They also specify the rules under which superannuation funds operate, and how funds can be accessed and managed. This includes the Superannuation Benefits (Supervisory Mechanisms) Act 1990.

Choice of Fund legislation came into effect 1 July 2005, and means certain employees can choose which fund their superannuation contributions are paid into.

Contact

Australian Taxation Office

Tel: 13 72 26

The NT Superannuation Act and Superannuation Guarantee (Safety Net) Act NT and the Superannuation Regulations provide for superannuation of office holders and employees in the public sector.

Back to Top

Tax

The Commonwealth Taxation Administration Act 1953 and associated Acts provide for the collection and payment of taxes. For practical details of the system, refer to the Accounts section.

Contact

Australian Taxation Office

Tel: 13 72 26

The NT Pay-Roll Tax Act 2009

Health services are unlikely to have to pay this tax either because of their public benevolent institution status or the size of their pay roll. However, it is recommended that an application for exemption be made.

Back to Top

Work Health

The Model Work Health and Safety Act 2011

The Model Work Health and Safety (WHS) Act and Model Work Health and Safety Regulations are in force nationally on 1st January 2012.

The benefits of the new legislation include uniform laws, a consistent approach nationwide and common resource. This new legislation was written by Safe Work Australia, an independent statutory agency responsible to improve occupational health and safety and workers' compensation arrangements across Australia.

The WHS Act places the primary duty of care and various other duties and obligations on a ‘person conducting a business or undertaking’ (PCBU). PCBU is a new term in the WHS Act that replaces ‘employer.’ The meaning of a PCBU is set out in section 5 of the WHS Act. Incorporated bodies including incorporated associations are considered to be a PCBU.

A worker can be an employee, a contractor or subcontractor, an employee of a contractor or subcontractor, an employee of a labour hire company assigned to work in a business or undertaking,an outworker,an apprentice or trainee, a student gaining work experience, a volunteer.

A PCBU has a primary duty of care to ensure the health and safety of workers and eliminate risks that may cause them harm, so far as is reasonably practicable. If it isn’t practicable to eliminate the risks, they must be minimised by using appropriate control measures. Workers must be consulted  on the measures being taken to ensure work is healthy and safe.
NT WorkSafe will continue to regulate work health and safety in the Northern Territory, as the model legislation does not create a national Work Health and Safety Regulator.

Workplace Health and Safety Act NT

The NT Workplace Health and Safety Act promotes occupational health and safety in the NT to:

• prevent workplace injuries and diseases.
• ensure the training of Health and Safety Representatives for workplaces
• strengthen consultative arrangements by providing for direct worker input into better managing health and safety performance in workplaces
• provide of training and right-of-entry for occupational health and safety related purposes for authorised union representatives
• identify more specific powers for NT WorkSafe Workplace Safety Officers including significant new fines and penalties for regulatory breaches.

The Act also provides that employers must take out workers compensation insurance covering their employees and cover claims.

The Workplace Health and Safety Regulations spell out the right to work in safe conditions.

Workers Rehabilitation and Compensation Act 2009

The Workers Rehabilitation and Compensation Act and Workers Rehabilitation and Compensation Regulations commenced September 2009. They promote and outline responsibilites for:

• the rehabilitation and maximum recovery from incapacity of injured workers.
• provide financial compensation to workers incapacitated from workplace injuries or diseases and to the dependants of workers who die as the results of such injuries or diseases.

Contact

NT WorkSafe

Workplace Health & Safety: Tel. 1800 019 115

Workers Rehabilitation and Compensation: Tel.1800 250 713

Contact the response group for all accident notifications, general enquiries and complaints. Freecall: 1800 019 115.

Back to Top

Incorporation

Incorporation

In order for organisations to receive government funding they must be incorporated under either NT or Commonwealth legislation. Health services are generally incorporated under either:

• The Commonwealth Aboriginal Councils and Associations Act 1976 (Amended 1992); or
• NT Associations Act.

Some health services operate under community councils that may be incorporated under the above Acts or the Northern Territory Local Government Act, 1993.

Incorporation means that:

• Members of the organisation are protected from liability or wrongdoing of the organisation (as long as they have not been personally negligent).
• The organisation can receive government funding.
• The organisation is able to own property, enter into contracts and borrow money as a legal entity.

The requirements of the Commonwealth and NT Association Acts are summarised below. If more information is required about the Local Government Act see the website above.

Back to Top

NT

The NT Associations Act, Association Regulations and Associations (Model Constitution) Regulations cover incorporation, constitutions, management, accounts and auditing, winding up and investigations into Associations. Incorporated associations performing local government functions must comply with the Local Government Act (see below).

Contact

Business Affairs and Agents Licensing Tel. 08 8999 6047

Back to Top

NT Local Government Act

The NT Local Government Act 2009 provides for the constitution of municipalities and community government areas and for the election of self-governing authorities to control municipalities and community government areas. This is only relevant to those health services that operate under service agreements between community councils and funding bodies.

Contact

NT Department of Housing, Local Government and Regional Services Tel: 08 8999 5511
Local Government Association of the NT Tel:08 8944 9688

Back to Top

Commonwealth

The Commonwealth Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) was passed by the Australian Parliament in October 2006, replacing the Aboriginal Councils and Associations Act 1976 (ACA Act). It began on 1 July 2007.

The Office of the Registrar of Indigenous Corporations (ORIC) - the Registrar is an independant statutory office holder who administers the CATSI Act.

ORIC has produced Factsheets about the CATSI Act and running corporations.

Contact

ORIC Toll free: 1800 622 431 (not free from mobiles)

Back to Top

Health Service Constitution

Each incorporated organisation has a Constitution or Rules that is a legal document determining how the organisation will operate. The Act under which the organisation is incorporated determines what must be in the Constitution. However, other things may also be included provided it does not contradict what is in the Act.

The Constitution is a most important document for the Health Service. Funding bodies generally insist that funded organisation comply with their Constitution.

Each newly elected Health Board should be orientated to their role including the health service constitution to ensure people are aware of their legal obligations, and how the health board operates.

Copies of the Acts are available from the Territory Government Publishing Service or Commonwealth Government bookshops, depending on jurisdiction and from the internet addresses (see beginning of this Section).

ORIC now refers to the constitution as the Rule Book following changes to the Act.

A model constitution for services incorporated under the NT Act.

CARHDS has worked on a plain english constitution.

Back to Top