Mrs PADGHAM-PURICH - 1996-11-19
What is the legal situation regarding access to a ...
Mr BELL: A point of order, Mr Speaker! I am surprised that the member for Nelson would ask a question seeking a legal opinion. She knows that that is out of order.
Mr SPEAKER: That is correct. The member for Nelson should not seek an opinion of any kind. She should be asking a direct question. If she wishes to rephrase the question, I will hear it.
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Mrs PADGHAM-PURICH: Mr Speaker, I would like the Attorney-General to comment on the matter of hawkers coming to a householder's front door.
ANSWER
Mr Speaker, I was about to demonstrate my wide knowledge of standing orders when I was gazumped by the member for MacDonnell. I should not be asked for a legal opinion, but I am happy to give some advice on general principles. There is no ...
Mr BELL: A point of order, Mr Speaker! The minister cannot circumvent standing orders in that way. If the Attorney-General wants to talk about some issue involving hawkers anywhere, that is fine. He cannot make general comments in Question Time about the legal issues involved on the basis of that question.
Mr SPEAKER: As I understand it, the member for Nelson did rephrase the question in order to avoid seeking an opinion. I am prepared to hear the minister, provided that he does not provide opinion.
Mr BURKE: I am sure the people in the member for Nelson's electorate and others will be interested if I confine my response to general principles only. No Northern Territory legislation regulates public access to a person's front door. Common law principles apply. Basically, these provide that a person may enter any land for a lawful purpose unless that person's right of entry has been revoked, expressly or by implication. Persons who lawfully enter land without express permission or invitation are called licensees. Any action, such as a written or oral warning that the occupier or owner of the land revokes a person's implied licence to enter the land, is effective in common law against everybody except persons who enter land in accordance with a statutory power or judicial order. A person who enters land contrary to a warning becomes a civil trespasser. The Trespass Act deals also with the situation where trespass may amount to a criminal offence. If the honourable member requires a more
detailed response, I could obtain further advice from my department. Otherwise, I suggest she might seek her own separate legal advice.
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Mr BELL: A point of order, Mr Speaker! I am surprised that the member for Nelson would ask a question seeking a legal opinion. She knows that that is out of order.
Mr SPEAKER: That is correct. The member for Nelson should not seek an opinion of any kind. She should be asking a direct question. If she wishes to rephrase the question, I will hear it.
Page 1765
Mrs PADGHAM-PURICH: Mr Speaker, I would like the Attorney-General to comment on the matter of hawkers coming to a householder's front door.
ANSWER
Mr Speaker, I was about to demonstrate my wide knowledge of standing orders when I was gazumped by the member for MacDonnell. I should not be asked for a legal opinion, but I am happy to give some advice on general principles. There is no ...
Mr BELL: A point of order, Mr Speaker! The minister cannot circumvent standing orders in that way. If the Attorney-General wants to talk about some issue involving hawkers anywhere, that is fine. He cannot make general comments in Question Time about the legal issues involved on the basis of that question.
Mr SPEAKER: As I understand it, the member for Nelson did rephrase the question in order to avoid seeking an opinion. I am prepared to hear the minister, provided that he does not provide opinion.
Mr BURKE: I am sure the people in the member for Nelson's electorate and others will be interested if I confine my response to general principles only. No Northern Territory legislation regulates public access to a person's front door. Common law principles apply. Basically, these provide that a person may enter any land for a lawful purpose unless that person's right of entry has been revoked, expressly or by implication. Persons who lawfully enter land without express permission or invitation are called licensees. Any action, such as a written or oral warning that the occupier or owner of the land revokes a person's implied licence to enter the land, is effective in common law against everybody except persons who enter land in accordance with a statutory power or judicial order. A person who enters land contrary to a warning becomes a civil trespasser. The Trespass Act deals also with the situation where trespass may amount to a criminal offence. If the honourable member requires a more
detailed response, I could obtain further advice from my department. Otherwise, I suggest she might seek her own separate legal advice.
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Last updated: 09 Aug 2016