Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 3) 2022

EXPLANATORY STATEMENT

Biosecurity Act 2015

Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 3) 2022

Purpose

The Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 3) 2022 (Determination) makes requirements (referred to as remote communities’ requirements) to prevent or control the entry or spread of the listed human disease ‘human coronavirus with pandemic potential’ (COVID‑19) in parts of Australian territory defined as designated areas. A designated area can be either a designated location or a designated zone. A designated location refers to a specified remote community, whereas a designated zone refers to boarder area which may encompass multiple remote communities. The designated areas are described in Schedules 1 and 2 to the Determination and are all located in the Northern Territory.

The remote communities’ requirements prevent a person from entering a designated area unless they meet the criteria set out in section 5 of the Determination. The remote communities’ requirements also prevent a person from leaving a designated area unless they meet the criteria set out in section 7 of the Determination.

The Director of Human Biosecurity (who is also the Commonwealth Chief Medical Officer) has advised the Health Minister, and the Health Minister is satisfied, that these requirements are necessary to prevent or control the entry, emergence, establishment or spread of COVID-19 in the designated areas, and in Australian territory more broadly.

The Director of Human Biosecurity has advised the Health Minister, and the Health Minister is satisfied, that these requirements:

• are likely to be effective in, or contribute to, achieving its purpose;
• are appropriate and adapted to its purpose; and
• are no more restrictive or intrusive than required in the circumstances, including the manner in which the requirement is to be applied.

The Director of Human Biosecurity has advised the Health Minister, and the Health Minister is satisfied, that it is necessary for the requirements to be in force as soon as practicable in order to complement Northern Territory public health measures for the communities of Ampilatwatja, Elcho Island (including Galiwinku) and Wessel Islands (including Martjanba), Lajamanu, Milikapiti, Milingimbi and Nganmarriyanga (also known as Palumpa).

The Determination is a legislative instrument for the purposes of the Legislation Act 2003.

Authority

During a human biosecurity emergency period, the Health Minister may, in accordance with section 477 of the Biosecurity Act 2015 (Biosecurity Act), determine emergency requirements that they are satisfied are necessary to prevent or control the entry, emergence, establishment or spread of the declaration listed human disease COVID‑19 in Australian territory or a part of Australian territory.

Subsection 477(1) of the Biosecurity Act provides that during a human biosecurity emergency period, the Health Minister may determine any requirement that he or she is satisfied is necessary to:

• prevent or control the entry of the declaration listed human disease into Australian territory or a part of Australian territory, or the emergence, establishment or spread of the declaration listed human disease in Australian territory or a part of Australian territory; or
• prevent or control the spread of the declaration listed human disease to another country; or
• give effect to a recommendation that has been made to the Health Minister by the World Health Organization under Part III of the International Health Regulations in relation to the declaration listed human disease.

Subsection 477(2) of the Biosecurity Act provides that a determination made under subsection 477(1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act does not apply to the determination. The risk of such disallowance would inhibit the Commonwealth’s ability to act urgently on public health advice to manage a human biosecurity risk that could threaten or harm human health as it would create uncertainty as to whether the instrument might be disallowed. This is particularly so in the present case because remote communities are made up of Aboriginal and Torres Strait Islander peoples who are at a high risk of adverse human health outcomes as a result of exposure to a listed human disease.

These emergency requirements may override any Commonwealth, state or territory law (subsection 477(5) of the Biosecurity Act). Biosecurity measures under a human biosecurity control order may continue to be imposed on an individual basis unless they relate to a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2 (subsection 477(6) of the Biosecurity Act).

The Australian Government has established protocols for the exercise of emergency powers under the Biosecurity Act to ensure that these powers are only used where necessary to protect the health of Australians, based on expert advice and following appropriate consultation.

Background

On 5 January 2020, the WHO notified Member States under the International Health Regulations (2005) (IHR) of an outbreak of pneumonia of unknown cause in Wuhan city, China. On 21 January 2020 ‘human coronavirus with pandemic potential’ became a ‘listed human disease’ by legislative instrument made by the Director of Human Biosecurity. On 30 January 2020, the outbreak was declared by the WHO International Regulations Emergency Committee to constitute a Public Health Emergency of International Concern.

On 11 February 2020, the WHO announced that the International Committee on Taxonomy of Viruses named the pathogen virus ‘severe acute respiratory syndrome coronavirus (SARS-CoV-2)’. The international name given by WHO to the disease caused by SARS-CoV-2 is Coronavirus disease 2019 (COVID‑19). On 11 March 2020, the WHO declared the outbreak of COVID-19 a pandemic. 

On 18 March 2020, the Governor-General declared that a human biosecurity emergency exists regarding the listed human disease ‘human coronavirus with pandemic potential’ (section 475 of the Biosecurity Act, Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020). The human biosecurity emergency period is currently in force until 17 February 2022 (unless extended).

Public health measures have been put in place by the Northern Territory Government to limit the spread of COVID‑19 across the Northern Territory. On 30 January 2022, the Northern Territory announced that the communities of Ampilatwatja, Elcho Island (including Galiwinku) and Wessel Islands (including Martjanba), Milikapiti, Milingimbi and Nganmarriyanga (also known as Palumpa) would be subject to a seven day “lock‑in”, in which people in these areas would not be permitted to leave the area unless they met certain criteria, under Chief Health Officer Directions as set out in COVID-19 Directions (No. 33) 2022: Directions for lock-in areas.

On 31 January 2022, the Northern Territory announced that the community of Lajamanu would also be subject to a seven day “lock‑in”, which is stated to end on 5pm 7 February 2022 (see COVID-19 Directions (No. 34) 2022: Amendment of COVID-19 Directions (No. 33) 2022).

Commencement

The Determination commences immediately after it is registered on the Federal Register of Legislation.

Consultation

The Department of Health has consulted with the Northern Territory Government, the Central Land Council, the Northern Land Council, the Tiwi Land Council, National Aboriginal Community Controlled Health Organisation, the Aboriginal Medical Services Alliance Northern Territory, and the National Indigenous Australians Agency.

A provision by provision description of the determination is contained in the Attachment.

ATTACHMENT

Details of the Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 3) 2022

Part 1—Preliminary

Section 1 provides that the name of the Determination is the Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 3) 2022.

Section 2 provides that the Determination commences immediately after it is registered.

Section 3 states that the authority for making the Determination is subsection 477(1) of the Biosecurity Act 2015.

Section 4 sets out the definitions used in the Determination. A number of expressions used in the Determination are defined in the Biosecurity Act, including:

• Australian law;
• Australian territory;
• conveyance;
• exposed to; and
• Health Department.

This section also defines the following terms for the purposes of the Determination:

• Commercial primary production;
• COVID‑19 (which means the coronavirus known as COVID‑19);
• Designated area;
• Designated location;
• Designated zone;
• Essential activity;
• Freehold land;
• Mining operations;
• Pastoral lease;
• Permitted activity;
• Relevant decision-make; and
• Ward.

A ‘designated area’ means a ‘designated location’ or a ‘designated zone’. A designated location means an area described in Schedule 1 to the Determination, and refers to specific remote communities, whereas a designated zone means an area described in Schedule 2 to the Determination, and refers to large areas of land (wards, defined below) which may encompass multiple remote communities. A designated area also excludes so much of the designated location or designated zone that is subject to a pastoral lease, or is freehold land, or is within the boundaries of an airport, or is within the boundaries of a port that has infrastructure for vessels to load or unload.

The term ‘essential activity’ includes a range of activities that are considered necessary in designated areas. These essential activities include, but are not limited to:

• providing education, health care, childcare, disability care and aged care;
• providing services relating to the prevention of, or recovery from, domestic violence, policing and emergency services, and child protection services;
• providing essential services of a kind typically provided by local government, such as rubbish collection;
• providing services, benefits, programs or facilities that the Chief Executive Centrelink has the function of providing;
• providing correctional services in relation to one or more persons in the area;
• providing funerary services;
• operating, maintaining, repairing or replacing equipment for providing electricity, gas, water, medical services, telecommunications services or broadcasting services or other essential infrastructure in the area (such as an airport);
• providing or delivering food, fuel or household or medical supplies in the area;
• providing postal services or delivering mail in the area; and
• transporting freight to or from a place in the area.

A reference to ‘freehold land’ means land in which an estate in fee simple has been granted under the Crown Lands Act 1992 (NT), other than NT Portion 4069 (Laramba Community Incorporated). A ‘pastoral lease’ means has the same meaning as in the Pastoral Land Act 1992 (NT), as in force at the commencement of the Determination. These terms have been defined for the purposes of excluded areas within the designated zones in Schedule 2 to the Determination (see also the definition of designated area above).

The term ‘permitted activity’ outlines activities that individuals may enter or leave the designated area for, provided that these activities cannot be reasonably undertaken outside or inside that area (as the case may be). Permitted activities include, but are not limited to:

• obtaining medical care (including vaccination or testing for COVID‑19) or medical supplies;
• isolating because the person is, or may be, infected with COVID‑19;
• obtaining food, fuel or mail;
• for a person who is engaged in an essential activity that can be undertaken from the person’s premises of residence—visiting the person’s workplace to retrieve a computer or work materials;
• for a person who is engaged in an essential activity, and who is the parent or guardian of a child—obtaining childcare, early childhood education or education in a primary or secondary school for the child, as appropriate;
• for a person who is the parent or guardian of a child—taking the child to another parent or guardian of the child, whether or not there is a formal arrangement in place in relation to the person or persons with whom the child lives or spends time with;
• providing care or support to a family member or another person who is unable to care for themselves due to health, age or disability;
• providing care to an animal that is unattended;
• obtaining goods or services from a person who is engaged in an essential activity that is, or includes, the provision of the goods or services;
• an activity relating to the administration of justice, including attending a police station or a court or other premises for a purpose relating to the justice or law enforcement system;
• travelling directly to an airport to leave the Northern Territory;
• attending a funeral at which there are no more than 10 other attendees in total, not including the persons providing the funeral services; and
• an activity that the person is required or authorised to undertake by a law of the Commonwealth or the Northern Territory.

The term ‘relevant decision‑maker’ means a person occupying an office, appointment or position, of a Territory or other body, described, for the area, in the table in Schedule 3. A ‘relevant decision‑maker’ also means a human biosecurity officer who is an officer or employee of the Health Department, acting after having regard to the advice of a person who is a relevant decision-maker for the area as described in the table in Schedule 3.

A reference to a ‘ward’ means a ward created and named under section 16 of the Local Government Act 2019 (NT), as the ward existed at the commencement of the Determination. This is to assist with defining the designated zones under Schedule 2 to the Determination.

Part 2—Requirements

A note under the heading Part 2—Requirements provides that a person who fails to comply with a requirement that applies to the person under this instrument may commit an offence (see section 479 of the Biosecurity Act). The note highlights that generally available defences to offences are found in Part 2.3 of the Criminal Code (see the Schedule to the Criminal Code Act 1995).

Section 5 sets out that persons must not enter designated areas unless they enter in accordance with the requirements of this section.

Subsection 5(1) provides that a person must remain outside a designated area unless:

• the person is entering the area to escape an immediate threat to the person’s life or a risk of harm, including harm relating to domestic violence; or
• the person is a member of the Australian Defence Force and is entering the area in the course of the member’s duty; or
• the person is one of the following officials, and is entering the area in the course of the person’s duty as such an official:
  • the Director of Human Biosecurity;
  • the chief human biosecurity officer for the Northern Territory;
  • a human biosecurity officer;
  • a biosecurity official;
  • an official performing functions under an Australian law relating to public health, biosecurity or requirements for the export of food or agricultural commodities; or
• because of an amendment of the description of the designated area in Schedule 1 or 2, the person ceases to remain outside the area on the commencement of the amendment; or
• all of the following apply to the person entering the area:
  • immediately before the entry, the person does not have any of the signs or symptoms of COVID‑19;
  • in the 7 days immediately before the entry, the person has not been in a foreign country;
  • the person is not entering the area wholly or partly for the purpose of engaging in an activity in the area that is prohibited by or under an Australian law;
  • the person’s entry to the area is not prohibited by or under an Australian law (other than this section); and
  • at least one of subsections 5(2), (3), (4) and (5) and (6) applies to the person.

Subsection 5(2) provides, subject to the requirements in paragraph 5(1)(e), that a person may enter the designated area to engage in, or provide transport for, an essential activity. Subsection 5(2) of the Determination will apply to a person entering a designated area if the person is entering the area primarily to engage in an essential activity in the area that requires the person to be in the area. It will also apply to a person who is in charge of, or a member of the crew of, a conveyance entering the area primarily to transport one or more persons who are entering the area primarily to engage in an essential activity in the area that requires the person to be in the area.

If a person meets one of the two requirements described above, they must also meet one of the following requirements for subsection 5(2) to apply:

• there is an urgent need for the person to engage in the essential activity in the area or to be in charge of, or be a member of the crew of, the conveyance entering the area; or
• the person is entering the area primarily to engage in the essential activity in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons in the area are exposed to the person engaging in the activity.

Subsection 5(3) provides, subject to the requirements in paragraph 5(1)(e), that a person may enter the designated area if the person is entering the area primarily to engage in a permitted activity, as defined in section 4 of the Determination, in the area that cannot reasonably be undertaken outside the area.

Subsection 5(4) provides, subject to the requirements in paragraph 5(1)(e), that a person may enter the designated area if the person has been given permission to enter the area by a relevant decision‑maker (defined in section 4 of the Determination) for the area who is a chief human biosecurity officer or a human biosecurity officer, or who has had regard to any guidance from a human biosecurity officer about who should be allowed to enter the area.

Subsection 5(5) provides that a person may enter the designated area if the following requirements are met:

• the premises where the person resides is in the area; and
• the person is entering the area to return to those premises; and
• the person left the area because of a medical evacuation or to obtain medical care; and
• while outside the area the person took reasonable steps (having regard to the person’s circumstances) to minimise the extent to which anyone else was exposed to the person.

Subsection 5(6) provides that a person may enter the designated area if the following requirements are met:

• the area is the designated zone described in Clause 3 of Schedule 2 (the MacDonnell designated zone); and
• the premises where the person resides is in the ward of Ljirapinta or the ward of Rodinga; and
• the person is entering the area to return to those premises; and
• the person left the area to travel to Alice Springs in reliance on subsection 7(3) for the permitted activity of obtaining food, fuel or mail; and
• while outside the area, the person took reasonable steps (having regard to the person’s circumstances) to minimise the extent to which anyone else was exposed to the person.

Subsection 5(7) provides that a person may enter the designated area if the person, referred to as the entrant in this provision, is entering the designated area on a journey for which all the following conditions are met:

• the journey is to a place beyond the area;
• the journey takes the most direct practicable route through the area;
• the journey does not involve a person in the area (other than a person travelling with the entrant) being exposed to the entrant or a person travelling with the entrant.

Section 6 sets out that persons entering designated areas must minimise contact with others in those areas.

Subsection 6(1) provides that section 6 applies to a person who enters a designated area in reliance on paragraphs 5(1)(a), 5(1)(b), 5(1)(c), or subsections 5(2), 5(3), 5(4), 5(5) or 5(6).

Subsection 6(2) provides that the person entering the designated area must take reasonable steps, having regard to the person’s circumstances and reason for entering the area, to minimise the extent to which anyone else in the area is exposed to the person.

Section 7 sets out that persons must not leave designated areas unless they leave in accordance with the requirements of this section.

Subsection 7(1) provides that a person who is in a designated area must not leave the area unless:

• the person is leaving the area to escape an immediate threat to the person’s life or a risk of harm, including harm relating to domestic violence; or
• the person is a member of the Australian Defence Force and is leaving the area in the course of the member’s duty; or
• the person is one of the following officials, and is leaving the area in the course of the person’s duty as such an official:
  • the Director of Human Biosecurity;
  • a chief human biosecurity officer for a State or Territory;
  • a human biosecurity officer;
  • a biosecurity official;
  • an official performing functions under an Australian law relating to public health, biosecurity or requirements for the export of food or agricultural commodities; or
• all of the following apply to the person leaving the area:
  • the person entered the area in reliance on section 5;
  • the premises where the person resides is not in the area; and
  • the person is leaving the area to return to the premises where the person resides; or
• the person is leaving the area in an aircraft or vehicle, as a patient being medically evacuated from the area or as a person accompanying and supporting a such a patient; or
• all of the following apply to the person leaving the area:
  • immediately before leaving the area, the person does not have any of the signs or symptoms of COVID‑19;
  • the person is not leaving the area wholly or partly for the purpose of engaging in an activity that is prohibited by or under an Australian law;
  • the person’s leaving the area is not prohibited by or under an Australian law (other than this section);
  • at least one of subsections 7(2), 7(3) and 7(4) applies to the person; or
• the area is the designated zone described in clause 4 of Schedule 1 (Milikapiti) and subsection 7(5) applies to the person.

Subsection 7(2) provides that a person may leave the designated area to engage in, or provide transport for, an essential activity. Subsection 7(2) of the Determination will apply to a person leaving a designated area if the person is leaving the area primarily to engage in an essential activity in the area that requires the person to be outside the area. It will also apply to a person who is in charge of, or a member of the crew of, a conveyance leaving the area primarily to transport one or more persons who are leaving the area primarily to engage in an essential activity in the area that requires the person to be outside the area.

If a person meets one of the two requirements described above, they must also meet one of the following requirements for subsection 7(2) to apply:

• there is an urgent need for the person to engage in the essential activity outside the area or to be in charge of, or be a member of the crew of, the conveyance leaving the area; or
• the person is leaving the area primarily to engage in the essential activity outside the area in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons outside the area are exposed to the person engaging in the activity.

Subsection 7(3) provides that a person may leave the designated area if the person is leaving the area primarily to engage in a permitted activity, as defined in section 4 of the Determination, outside the area that cannot reasonably be undertaken in the area.

Subsection 7(4) provides that a person may leave the designated area if the person has been given permission to leave the area by a relevant decision‑maker (defined in section 4 of the Determination) for the area who is a chief human biosecurity officer or a human biosecurity officer, or who has had regard to any guidance from a human biosecurity officer about who should be allowed to leave the area.

Subsection 7(5) provides that a person may leave the designated area if the person was leaving Milikapiti to travel to, and stay in, a COVID respite container in the designated zone described in clause 10 of Schedule 2 (the Melville Island designated zone) if the person has returned a negative test result for COVID‑19.

Part 3—Repeal

Section 8 provides that the Determination will self‑repeal at the end of 17 February 2022 in the Northern Territory.

Schedule 1—Designated locations

Schedule 1 to the Determination sets out the designated locations for the purposes of section 4 of the Determination.

Clause 1 of Schedule 1 relates to the community of Ampilatwatja. Clause 1 describes the area bounded by a circle of radius 5km, the centre of which is Ampilatwatja Post Office, 3 Main Road, Ampilatwatja in the Northern Territory, as a designated location.

Clause 2 of Schedule 1 relates to the community of Elcho Island (including Galiwinku) and Wessel Islands (including Martjanba). This clause describes the lock‑in area specified in clause 3 of Schedule 2 to the COVID-19 Directions (No. 33) 2022: Directions for lock-in areas (CHO Directions), as in force at the commencement of the Determination, as a designated location.

If the CHO Directions are amended after the commencement of the Determination, any changes to the CHO Directions will not apply to the Determination without further amendment to the Determination.

Clause 3 of Schedule 1 relates to the community of Lajamanu. This clause describes the area bounded by a circle of radius 5 km, the centre of which is the Lajamanu Post Office, Lot 315, Lajamanu Road, Lajamanu in the Northern Territory, as a designated location.

Clause 4 of Schedule 1 relates to the community of Milikapiti. This clause describes the area bounded by a circle of radius 5 km, the centre of which is the Milikapiti Post Office, Lot 233, Milikapiti in the Northern Territory, as a designated location.

Clause 5 of Schedule 1 relates to the community of Milingimbi. This clause describes the area bounded by a circle of radius 5 km, the centre of which is the Milingimbi Post Office, Lot 52, Milingimbi Road, Milingimbi in the Northern Territory, as a designated location.

Clause 6 of Schedule 1 relates to the community of Nganmarriyanga (also known as Palumpa). This clause describes the area bounded by a circle of radius 5 km, the centre of which is the Nganmarriyanga Post Office, Lot 39, Nganmarriyanga in the Northern Territory as a designated location.

Clause 7 of Schedule 1 sets out the dates in which the relevant clauses in this schedule will self‑repeal.

Subclause 7(1) provides that Clauses 1, 2, 4, 5 and 6 of Schedule 1 are repealed at 2pm, by legal time in the Northern Territory, on 6 February 2022.

Subclause 7(2) provides that Clause 3 of Schedule 1 is repealed at 5pm, by legal time in the Northern Territory, on 7 February 2022.

Schedule 2—Designated zones

Schedule 2 to the Determination sets out the designated zones for the purposes of section 4 of the Determination.

Part 1—Central designated zones

Clause 1 of Schedule 2 provides for the Barkly designated zone, and describes the area comprising of the wards of Alpurrurulam, Alyawarr and Patta.

Clause 2 of Schedule 2 provides for the Central Desert designated zone, and describes the area comprising of the wards of Akityarre, Anmatjere, Daguragu, Northern Tanami and Southern Tanami.

Clause 3 of Schedule 2 provides for the MacDonnell designated zone, and describes the area comprising of the wards of Iyarrka, Ljirapinta, Luritja Pintubi, and Rodinga.

Part 2—Northern designated zones

Clause 4 of Schedule 2 provides for the East Arnhem designated zone, and describes the area comprising of the wards of Birr Rawarrang, Gumurr Gattjirrk, Gumurr Marthakal, Gumurr Miwatj (excluding the area specified in the Schedule to the COVID‑19 Directions (No. 7) 2022: Amendment of COVID‑19 Directions (No. 3) 2022 (NT), as in force at the commencement of the Determination), and Gumurr Miyarrka.

Clause 5 of Schedule 2 provides for the Roper Gulf designated zone, and describes the area comprising of the wards of Kuwarrangu, Never, Numbulwar Numburindi, Nyirranggulung, South West Gulf and Yugal Mangi.

Clause 6 of Schedule 2 provides for the Victoria Daly designated zone, and describes the area comprising of the wards of Timber Creek (excluding NT Portion 7278 (Jiylinum Community Living Area) and NT Portion 3046 (Marralum Outstation)) and Walangeri.

Clause 7 of Schedule 2 provides for the West Arnhem designated zone, and describes the area comprising of the wards of Gunbalanya, Maningrida, Minjilang and Warruwi.

Clause 8 of Schedule 2 provides for the West Daly designated zone, and describes the area comprising of the wards of Nganmarriyanga, Thamarrurr/Pindi and Tyemirri.

Part 3—Tiwi Islands designated zones

Clause 9 of Schedule 2 provides for the Bathurst Island designated zone, and describes the area of the ward of Bathurst Island.

Clause 10 of Schedule 2 provides for the Melville Island designated zone, and describes the area comprising of the wards of Milikapiti and Pirlangimpi.

Schedule 3—Relevant decision‑makers

Clause 1 of Schedule 3 sets out the offices, appointments and positions of relevant decision‑makers for designated areas.

The office, appointment or position for a designated area in the Northern Territory is:

• The chief human biosecurity officer for the Northern Territory;
• A human biosecurity officer who is an employee of the State or Territory body responsible for the administration of health services in the Northern Territory;
• The Chief Health Officer of the Northern Territory;
• The Commissioner of Police and Chief Executive Officer of the Fire and Emergency Service of the Northern Territory;
• The Deputy Chief Executive Officer, Department of the Chief Minister of the Northern Territory;
• The Executive Director, Population and Primary Health Care, Department of Health of the Northern Territory;
• The General Manager, Primary Health Care, Central Australia Health Service, Department of Health of the Northern Territory;
• The Public Health Physician, Department of Health of the Northern Territory.

The office, appointment or position for a designated zone described in Part 1 of Schedule 2 or a designated location within such a zone is any of the following positions of the Central Land Council:

• Chief Executive Officer;
• Executive Manager Policy and Governance;
• Manager Aboriginal Corporation Services;
• Manager Regional Services;
• Office Manager – Tennant Creek;
• Manager Native Title;
• Manager Community Development;
• Each Senior Community Development Officer – Tanami;
• Regional Land Management Coordinator – Region 4.

The office, appointment or position for a designated zone described in Part 2 of Schedule 2 or a designated location within such a zone is any of the following positions of the Northern Land Council:

• Chief Executive Officer;
• Principal Legal Officer;
• Regionalisation Manager;
• Legal Branch Manager;
• Legal Practice Manager – Land Rights;
• Legal Practice Manager – Native Title;
• Legal Practice Manager – Minerals and Energy;
• Each Regional Manager;
• Each General Manager.

The office, appointment or position for a designated zone described in Part 3 of Schedule 2 or a designated location within such a zone is any of the following positions of the Tiwi Land Council:

• General Manager;
• Principal Legal Officer.