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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Courts and Crimes Legislation Amendment
Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Civil and Administrative Tribunal Act 2013:
(i) to make further provision with respect to the powers of the Civil and Administrative
Tribunal (the Tribunal) with respect to the representation of parties to proceedings,
and
(ii) to rename the Health Practitioner Division List of the Occupational Division of the
Tribunal as the Health Practitioner List, and
(iii) to enable a person who is a senior member (but not an Australian lawyer) to sit as one
of the 3 members of an Appeal Panel determining an internal appeal against a
decision made in the Guardianship Division of the Tribunal,
(b) to amend the Guardianship Act 1987:
(i) to make further provision with respect to persons who are to be treated as parties to
certain proceedings under that Act, and
(ii) to provide for alternative enduring guardians to be called substitute enduring
guardians, and
(iii) to confer additional powers on the Tribunal in connection with the determination of
proceedings under that Act, and
(iv) to enable a person to make an application to the Tribunal for a financial management
order with respect to the person and to enable a person whose estate is subject to such
an order to apply for a review of the appointment of a manager of the person's estate,
b2014-105-04.d24
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Explanatory note
(c) to amend the Children's Court Act 1987, District Court Act 1973, Drug Court Act 1998,
Dust Diseases Tribunal Act 1989 and Local Court Act 2007 to enable the Attorney General
to appoint an acting head of the Court or Tribunal during a vacancy or absence from duty
of the head of the Court or Tribunal,
(d) to amend the District Court Act 1973, Industrial Relations Act 1996, Land and Environment
Court Act 1979, Local Court Act 2007 and Supreme Court Act 1970 to enable acting judicial
officers to be appointed:
(i) for a period not exceeding 5 years (instead of the current 12 months), and
(ii) up to the age of 77 years (instead of the current 75 years),
(e) to amend the Land and Environment Court Act 1979 to enable acting commissioners to be
appointed for a period not exceeding 5 years (instead of the current 12 months),
(f) to amend the Crimes (Administration of Sentences) Act 1999 to enable the Commissioner
of Fines Administration and the Commissioner of Corrective Services to share certain
information about inmates so as to identify any of their outstanding fines and to facilitate
their participation in work and development orders to satisfy all or part of those fines,
(g) to amend the Jury Act 1977 to enable the sheriff to obtain a customer identification number
allocated to a person by Roads and Maritime Services for the purpose of determining
whether the person should be excluded from jury service,
(h) to amend the Land and Environment Court 1979 to extend the classes of proceedings in
which judges of the Land and Environment Court of New South Wales may be assisted by
commissioners to include Class 4 proceedings (Class 4 proceedings relate to environmental
planning and protection and development contract civil enforcement),
(i) to amend the NSW Trustee and Guardian Act 2009 to enable the Mental Health Review
Tribunal to revoke financial management orders made under the Act in respect of certain
current or former patients admitted to mental health facilities,
(j) to amend the Oaths Act 1900 to enable justices of the peace to witness certain interstate and
Commonwealth oaths, affidavits and statutory declarations,
(k) to amend the Trees (Disputes Between Neighbours) Act 2006 to extend the application of
certain provisions relating to court orders in respect of high hedges that obstruct sunlight or
views to land within a zone designated "rural-residential" under an environmental planning
instrument,
(l) to make amendments to certain legislation in the nature of statute law revision,
(m) to make consequential amendments to certain legislation.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Clause 3 makes it clear that the explanatory notes contained in the Schedules do not form part of
the proposed Act.
Schedule 1 Amendments concerning Civil and
Administrative Tribunal
The amendments to the legislation set out in Schedule 1 are explained in detail in the explanatory
notes in the Schedule.
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Explanatory note
Schedule 2 Amendments concerning guardianship
The amendments to the legislation set out in Schedule 2 are explained in detail in the explanatory
notes in the Schedule.
Schedule 3 Amendments concerning acting judicial officers
The amendments to the legislation set out in Schedule 3 are explained in detail in the explanatory
notes in the Schedule.
Schedule 4 Other amendments
The amendments to the legislation set out in Schedule 4 are explained in detail in the explanatory
notes in the Schedule.
Page 3
First print
New South Wales
Courts and Crimes Legislation Amendment
Bill 2015
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Amendments concerning Civil and Administrative Tribunal 3
Schedule 2 Amendments concerning guardianship 6
Schedule 3 Amendments concerning acting judicial officers 10
Schedule 4 Other amendments 14
b2014-105-04.d24
New South Wales
Courts and Crimes Legislation Amendment
Bill 2015
No , 2015
A Bill for
An Act to make miscellaneous amendments to certain legislation with respect to courts, tribunals
and crimes; and for related purposes.
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
3
This Act is the Courts and Crimes Legislation Amendment Act 2015.
4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
7
3 Explanatory notes 8
The matter appearing under the heading "Explanatory note" in any of the Schedules
does not form part of this Act.
Page 2
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 1 Amendments concerning Civil and Administrative Tribunal
Schedule 1 Amendments concerning Civil and 1
Administrative Tribunal 2
1.1 Children and Young Persons (Care and Protection) Act 1998 No 157 3
Section 29 Protection of persons who make reports or provide certain information 4
5
Omit section 29 (1) (d) (iv). Insert instead: 6
(iv) proceedings before the Civil and Administrative Tribunal that are 7
allocated to the Guardianship Division of the Tribunal or are 8
commenced under the Victims Rights and Support Act 2013, 9
10
Explanatory note 11
The proposed amendment to the Children and Young Persons (Care and Protection) Act 1998 12
clarifies the kinds of proceedings before the Civil and Administrative Tribunal in which a report of harm
made by a person concerning a child or young person will be admissible. 13
1.2 Civil and Administrative Tribunal Act 2013 No 2 14
15
[1] Section 45 Representation of parties 16
17
Omit section 45 (1) (b). Insert instead: 18
(b) may be represented by another person only if the Tribunal grants leave: 19
(i) for that person to represent the party, or 20
(ii) in the case of representation by an Australian legal practitioner--
for a particular or any Australian legal practitioner to represent 21
the party. 22
23
[2] Section 45 (4A) 24
Insert after section 45 (4): 25
(4A) The Tribunal may, at its discretion, revoke any appointment or order made 26
under subsection (4). 27
[3] Section 90 Regulations 28
29
Omit "Health Practitioner Division List" from section 90 (3).
Insert instead "Health Practitioner List". 30
31
[4] Schedule 1 Savings, transitional and other provisions
32
Insert at the end of the Schedule (with appropriate Part and clause numbering): 33
34
Part Provision consequent on enactment of Courts and 35
Crimes Legislation Amendment Act 2015 36
37
Renaming of Health Practitioner Division List
38
The renaming of the Health Practitioner Division List of the Occupational 39
Division of the Tribunal by the Courts and Crimes Legislation Amendment
Act 2015 as the Health Practitioner List does not affect the continuation of any
proceedings entered in the List before its renaming or the appointment of the
List Manager for the List.
[5] Schedule 5 Occupational Division
Omit "Division" from the definition of Health Practitioner Division List in clause 8.
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 1 Amendments concerning Civil and Administrative Tribunal
[6] Schedule 5, clause 10 Health Practitioner List 1
Omit clause 10 (1). Insert instead: 2
(1) There is to be a Division List for the Division called the Health Practitioner
List. 3
4
[7] Schedule 5, clauses 10 (2) and (3), 11, 12, 13 and 14 (2) (a)
5
Omit "Health Practitioner Division List" wherever occurring.
Insert instead "Health Practitioner List". 6
[8] Schedule 6 Guardianship Division 7
Omit "general" from clause 13 (1) (c). Insert instead "senior or general". 8
Explanatory note 9
Item [1] of the proposed amendments to the Civil and Administrative Tribunal Act 2013 enables the 10
Civil and Administrative Tribunal to grant leave for a person to be represented by an Australian legal 11
practitioner without specifying a particular practitioner. 12
Item [2] makes it clear that the Tribunal may revoke: 13
(a) an appointment it makes of a person to represent a party or act as guardian ad litem of a party, 14
15
or 16
(b) an order it makes that a party be separately represented. 17
Item [6] renames the Health Practitioner Division List of the Occupational Division of the Tribunal as 18
the Health Practitioner List. Items [3], [5] and [7] make consequential amendments. Item [4] provides 19
that the renaming of the List does not affect any pending proceedings or the appointment of the List 20
Manager for the List. 21
Item [8] enables a person who is a senior member (but not an Australian lawyer) to sit as one of the 22
3 members of an Appeal Panel determining an internal appeal against a decision made in the 23
Guardianship Division of the Tribunal. 24
1.3 Civil and Administrative Tribunal Regulation 2013 25
[1] Clause 6 Circumstances where no fee or reduced fee is payable 26
Omit "Health Practitioner Division List" from clause 6 (1) (f). 27
Insert instead "Health Practitioner List".
28
[2] Clause 7 Allowances and expenses of witnesses
29
Omit "Health Practitioner Division List" from clause 7 (2) (b).
Insert instead "Health Practitioner List". 30
Explanatory note 31
The proposed amendments to the Civil and Administrative Tribunal Regulation 2013 update 32
references to the Health Practitioner Division List of the Occupational Division of the Civil and 33
Administrative Tribunal consequent on its renaming by the amendments made by Schedule 1.2. 34
35
1.4 Health Practitioner Regulation (Adoption of National Law) Act 2009
No 86 36
37
[1] Schedule 1 Modification of Health Practitioner Regulation National Law
38
Omit "Health Practitioner Division List" from the definition of Tribunal List Manager in
section 138 (1) in Schedule 1 [13]. 39
Insert instead "Health Practitioner List". 40
41
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 1 Amendments concerning Civil and Administrative Tribunal
[2] Schedule 1 [15] 1
Omit "Health Practitioner Division List" from the note to section 165B (1). 2
Insert instead "Health Practitioner List".
3
Explanatory note 4
The proposed amendments to the Health Practitioner Regulation (Adoption of National Law) Act 2009 5
update references in the Health Practitioner Regulation National Law (NSW) to the Health Practitioner 6
Division List of the Occupational Division of the Civil and Administrative Tribunal consequent on its 7
renaming by the amendments made by Schedule 1.2. 8
1.5 Water Act 1912 No 44 9
Section 12 Licence 10
Omit "Director-General or Magistrate" wherever occurring in section 12 (1) (b) and (2) (c). 11
Insert instead "Civil and Administrative Tribunal".
12
Explanatory note 13
The proposed amendment to the Water Act 1912 updates references as a consequence of the 14
transfer of certain appellate functions to the Civil and Administrative Tribunal on its establishment. 15
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 2 Amendments concerning guardianship
Schedule 2 Amendments concerning guardianship 1
2.1 Guardianship Act 1987 No 257 2
[1] Section 3F Persons who are "parties" to proceedings under this Act 3
4
Insert after section 3F (2) (d): 5
(d1) the enduring guardian, if any, of the person to whom the application 6
relates,
7
[2] Section 3F (3) (d1) 8
9
Insert after section 3F (3) (d):
(d1) the enduring guardian, if any, of the person the subject of the order, 10
11
[3] Section 3F (7) (d1) 12
13
Insert after section 3F (7) (d): 14
(d1) the person, if any, appointed attorney by the person to whom the
relevant financial management order relates under a power of attorney 15
(whether in force or suspended), 16
17
[4] Section 5 Definitions 18
Omit "alternative enduring guardian" wherever occurring in the definitions of eligible 19
signer and eligible witness. 20
Insert instead "substitute enduring guardian". 21
22
[5] Section 6DA Substitute enduring guardians 23
24
Omit "an alternative enduring guardian", "An alternative enduring guardian", "the
alternative enduring guardian" and "that alternative enduring guardian" wherever 25
occurring. 26
Insert instead "a substitute enduring guardian", "A substitute enduring guardian", "the 27
substitute enduring guardian" and "that substitute enduring guardian", respectively.
28
[6] Section 6HB Resignation of appointment by appointee 29
30
Omit "an alternative enduring guardian" from section 6HB (5). 31
Insert instead "a substitute enduring guardian".
32
[7] Section 6K Action on review 33
34
Omit section 6K (1) (a). Insert instead: 35
(a) revoke the appointment or deal with the matter as provided by 36
subsection (3) (or both), or 37
38
[8] Section 6K (3) 39
Omit the subsection. Insert instead:
(3) The Tribunal may, if it considers that it is in the best interests of the appointor
to do so, deal with a review as if any of the following applications had been
made in respect of the appointor:
(a) an application for a guardianship order under Part 3,
(b) an application for a financial management order under Part 3A,
(c) applications for both such orders.
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 2 Amendments concerning guardianship
[9] Section 6MA Substitution of enduring guardians by Tribunal 1
2
Omit "to replace an appointee as an enduring guardian" from section 6MA (1). 3
Insert instead "as a substitute enduring guardian".
4
[10] Section 6MA (2) 5
Omit "to replace an appointee". 6
7
[11] Section 6MA (3)
8
Omit "an alternative enduring guardian". Insert instead "a substitute enduring guardian". 9
10
[12] Section 25C Action on review 11
Insert at the end of section 25C (1) (c): 12
, or 13
14
(d) renew, or renew and vary the order.
15
[13] Section 25I Application to Tribunal for a financial management order 16
17
Insert after section 25I (1) (a):
(a1) the person who is the subject of the application, or 18
19
[14] Section 25M Tribunal may commit estate of protected person to management 20
21
Omit "section 68 (1)" from section 25M (2). 22
Insert instead "section 61 of the Civil and Administrative Tribunal Act 2013". 23
24
[15] Section 25P Action on review 25
Omit section 25P (1). Insert instead: 26
(1) On reviewing a financial management order under section 25N, the Tribunal: 27
(a) must vary, revoke or confirm the order, and 28
(b) if it considers it appropriate to do so--may take such action with respect 29
to the appointment of the manager of the protected person's estate as the 30
Tribunal could take on a review of such an appointment under
Division 3. 31
32
[16] Section 25P (3) 33
Insert after section 25P (2): 34
(3) In this section, vary, in relation to a financial management order, includes to 35
exclude (or remove an exclusion of) a specified part of the protected person's 36
estate from the order. 37
[17] Section 25S Review of appointment of manager
Insert after section 25S (1) (b) (i):
(ia) the protected person, or
[18] Section 25S (1A)
Insert after section 25S (1):
(1A) Without limiting subsection (1), the Tribunal may order that the appointment
of a manager be reviewed within a specified time.
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 2 Amendments concerning guardianship
[19] Schedule 3 Savings and transitional provisions 1
Insert at the end of clause 1 (1): 2
any other Act that amends this Act
3
[20] Schedule 3
4
Insert at the end of the Schedule (with appropriate Part and clause numbering):
5
Part Provisions consequent on enactment of Courts and
Crimes Legislation Amendment Act 2015 6
7
Definition
8
In this Part:
amending Act means the Courts and Crimes Legislation Amendment 9
Act 2015. 10
11
Substitute enduring guardians
12
A person appointed as an alternative enduring guardian before the day on
which the amendment of section 6DA by the amending Act commences is 13
taken, on and from that day, to have been appointed as a substitute enduring 14
guardian. 15
16
Application of procedural amendments
17
Each of the following provisions, as amended, inserted or substituted by the
amending Act, extends to proceedings commenced (but not determined) 18
before the amendment, insertion or substitution of the provision concerned: 19
(a) section 6K, 20
(b) section 6MA,
(c) section 25C, 21
(d) section 25I,
(e) section 25P, 22
(f) section 25S.
23
Explanatory note
Items [1] and [2] of the proposed amendments to the Guardianship Act 1987 provide that the enduring 24
guardian of a person in respect of whom a guardianship order is sought in or granted by the Civil and
Administrative Tribunal is to be treated as being a party to the proceedings for the order and in 25
proceedings for a review of the order.
Item [3] provides that an attorney under a power of attorney granted by a person who is subject to a 26
financial management order is to be treated as a party in proceedings in the Civil and Administrative 27
Tribunal for a review of such an order or for the review of the appointment of a manager of the 28
person's estate. 29
Item [5] provides for alternative enduring guardians to be called substitute enduring guardians. 30
Items [4], [6] and [9]-[11] make consequential amendments. 31
Items [7] and [8] enable the Civil and Administrative Tribunal, in proceedings for the review of the 32
appointment of an enduring guardian, to treat the proceedings as if they were an application for a 33
guardianship order or financial management order (or both) if it considers that it is in the best interests 34
of the appointor to do so. 35
Item [12] enables the Civil and Administrative Tribunal, in certain proceedings for a review of a 36
guardianship order, to renew and vary the order. 37
Item [13] enables an application for a financial management order to be made by the person who is 38
the subject of the application. 39
Item [14] updates a cross-reference. 40
41
42
43
44
45
46
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 2 Amendments concerning guardianship
Item [15] enables the Civil and Administrative Tribunal, in proceedings for the review of a financial 1
management order, to take such action with respect to the appointment of the manager of the 2
protected person's estate as the Tribunal could take on a review of such an appointment. 3
Item [16] makes it clear that the Civil and Administrative Tribunal, in proceedings for the review of a 4
financial management order, may vary the order to exclude (or remove an exclusion of) a specified 5
part of the protected person's estate from the order. 6
Item [17] enables an application for the review of the appointment of the manager of a protected 7
person's estate to be made by the protected person. 8
Item [18] enables the Civil and Administrative Tribunal to order that the appointment of the manager 9
of a protected person's estate be reviewed within a specified period. 10
Item [19] enables the Governor to make regulations of a savings or transitional nature consequent on 11
the enactment of any Act that amends the Guardianship Act 1987 (including the proposed Act). 12
Item [20] makes provision for certain savings and transitional matters in connection with the 13
Guardianship Act 1987 consequent on the enactment of the proposed Act. 14
2.2 Guardianship Regulation 2010 15
Schedule 1 Forms 16
Omit "an alternative enduring guardian" from the note to Form 1. 17
Insert instead "a substitute enduring guardian". 18
19
Explanatory note 20
The proposed amendment to the Guardianship Regulation 2010 updates a reference to alternative 21
enduring guardians as a consequence of their renaming as substitute enduring guardians by 22
Schedule 2.1.
Page 9
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 3 Amendments concerning acting judicial officers
Schedule 3 Amendments concerning acting judicial officers 1
3.1 Children's Court Act 1987 No 53 2
Section 6B Acting President of Children's Court 3
Insert after section 6B (1): 4
(1A) Unless the Governor has made an appointment under subsection (1) (and
without limiting subsection (1)), the Attorney General may, by instrument in 5
writing, appoint a Children's Magistrate to be Acting President: 6
(a) during any vacancy in the office of the President, or 7
(b) during any period for which the President is absent from duty. 8
(1B) An appointment under this section may be made for a particular vacancy or 9
absence or for any vacancy or absence that occurs from time to time.
10
Explanatory note 11
The proposed amendment to the Children's Court Act 1987 enables the Attorney General to appoint 12
a Children's Magistrate of the Children's Court of New South Wales to be Acting President during a 13
vacancy or absence from duty of the President. It also enables the Attorney General or the Governor 14
to appoint a Children's Magistrate for a particular vacancy or absence from duty of the President or 15
any such vacancy or absence that occurs from time to time. 16
17
3.2 District Court Act 1973 No 9
18
[1] Section 17 Acting Chief Judge
19
Insert after section 17 (1):
(1A) Unless the Governor has made an appointment under subsection (1) (and 20
without limiting subsection (1)), the Attorney General may, by instrument in
writing, appoint a Judge to be Acting Chief Judge during such period as the 21
Chief Judge may be absent from duty. 22
(1B) An appointment under this section may be made for a particular absence or for 23
any absence that occurs from time to time. 24
[2] Section 17 (3) 25
26
Insert after section 17 (2):
(3) In this section, absent from duty includes a vacancy in the office of Chief 27
Judge.
28
[3] Section 18 Acting Judges
29
Omit "not exceeding 12 months" from section 18 (1). 30
Insert instead "not exceeding 5 years".
31
[4] Section 18 (4)-(4B)
32
Omit "75 years" wherever occurring. Insert instead "77 years".
33
[5] Section 18 (4A)
34
Insert "or Family Court of Australia" after "Federal Court of Australia".
35
Explanatory note
Item [1] of the proposed amendments to the District Court Act 1973 enables the Attorney General to 36
appoint a judge of the District Court of New South Wales to be Acting Chief Judge during a vacancy
or absence from duty of the Chief Judge. It also enables the Attorney General or the Governor to 37
38
39
40
41
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 3 Amendments concerning acting judicial officers
appoint a judge for a particular vacancy or absence from duty of the Chief Judge or any such vacancy 1
or absence that occurs from time to time. Item [2] makes a consequential amendment. 2
Item [3] enables acting judges to be appointed for a period of up to 5 years. Currently, acting judges 3
are appointed for a period of up to 12 months. 4
Item [4] enables acting judges to be appointed up to the age of 77 years. Currently, acting judges are 5
appointed up to the age of 75 years. 6
Item [5] enables former Family Court judges to be appointed as acting judges. 7
3.3 Drug Court Act 1998 No 150 8
Section 22 Acting Senior Judge 9
Insert after section 22 (1): 10
(1A) The Minister may make any such appointment for a particular absence or
vacancy or for any absence or vacancy that occurs from time to time. 11
12
Explanatory note 13
The proposed amendment to the Drug Court Act 1998 enables the Attorney General to appoint a 14
judge of the Drug Court of New South Wales to be Acting Senior Judge for a particular vacancy or 15
absence from duty of the Senior Judge or any such vacancy or absence that occurs from time to time. 16
3.4 Dust Diseases Tribunal Act 1989 No 63 17
[1] Section 7B Acting President 18
Insert after section 7B (1): 19
(1A) Unless the Governor has made an appointment under subsection (1) (and
without limiting subsection (1)), the Attorney General may, by instrument in 20
writing, appoint a member to be Acting President during such period as the 21
President may be absent from his or her duties. 22
(1B) An appointment under this section may be made for a particular absence or for 23
any absence that occurs from time to time.
24
[2] Section 7B (3) 25
Insert after section 7B (2): 26
(3) In this section, absent from duty includes a vacancy in the office of President.
27
Explanatory note
Item [1] of the proposed amendments to the Dust Diseases Tribunal Act 1989 enables the Attorney 28
General to appoint a member of the Dust Diseases Tribunal of New South Wales to be Acting 29
President during a vacancy or absence from duty of the President. It also enables the Attorney 30
General or the Governor to appoint a member for a particular vacancy or absence from duty of the 31
President or any such vacancy or absence that occurs from time to time. Item [2] makes a 32
consequential amendment. 33
34
3.5 Industrial Relations Act 1996 No 17 35
[1] Schedule 2 Provisions relating to members of Commission 36
Omit "75 years" from clause 3 (2). Insert instead "77 years". 37
38
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 3 Amendments concerning acting judicial officers
[2] Schedule 2, clause 3 (3) 1
2
Omit "not exceeding 12 months". Insert instead "not exceeding 5 years". 3
4
Explanatory note 5
Item [1] of the proposed amendments to the Industrial Relations Act 1996 enables an acting member 6
of the Industrial Relations Commission of New South Wales in Court Session to be appointed up to 7
the age of 77 years. Currently, acting members are appointed up to the age of 75 years. 8
Item [2] enables acting members to be appointed for a period of up to 5 years. Currently, acting
members are appointed for a period of up to 12 months. 9
3.6 Land and Environment Court Act 1979 No 204 10
[1] Section 11 Acting Judges 11
Omit "not exceeding 12 months" from section 11 (1). 12
Insert instead "not exceeding 5 years".
13
[2] Section 11 (4)
14
Omit "75 years". Insert instead "77 years".
15
[3] Section 13 Acting Commissioners
16
Omit "not exceeding 12 months" from section 13 (1).
Insert instead "not exceeding 5 years". 17
18
Explanatory note 19
Item [1] of the proposed amendments to the Land and Environment Court Act 1979 enables acting 20
judges of the Land and Environment Court of New South Wales to be appointed for a period of up to 21
5 years. Currently, acting judges are appointed for a period of up to 12 months. 22
Item [2] enables acting judges to be appointed up to the age of 77 years. Currently, acting judges are 23
appointed up to the age of 75 years. 24
Item [3] enables acting commissioners to be appointed for a period of up to 5 years. Currently, acting 25
commissioners are appointed for a period of up to 12 months.
26
3.7 Local Court Act 2007 No 93
27
[1] Section 16 Acting Magistrates
28
Omit "not exceeding 12 months" from section 16 (1).
Insert instead "not exceeding 5 years". 29
[2] Section 16 (2) 30
Omit "75 years". Insert instead "77 years". 31
[3] Schedule 1 Provisions relating to Magistrates 32
Omit "Minister" from clause 11 (3). Insert instead "Attorney General". 33
[4] Schedule 1, clause 11 (3A) 34
Insert after clause 11 (3): 35
(3A) The Attorney General may make any such nomination for a particular vacancy
or absence or for any vacancy or absence that occurs from time to time. 36
37
Explanatory note 38
Item [1] of the proposed amendments to the Local Court Act 2007 enables acting magistrates of the 39
Local Court of New South Wales to be appointed for a period of up to 5 years. Currently, acting 40
magistrates are appointed for a period of up to 12 months. 41
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Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 3 Amendments concerning acting judicial officers
Item [2] enables acting magistrates to be appointed up to the age of 77 years. Currently, acting 1
magistrates are appointed up to the age of 75 years. 2
Item [4] enables the Attorney General to nominate a Deputy Chief Magistrate for a particular vacancy 3
or absence from duty of the Chief Magistrate or any such vacancy or absence that occurs from time 4
to time. Item [3] makes a consequential amendment. 5
3.8 Supreme Court Act 1970 No 52 6
[1] Section 37 Acting Judges 7
Omit "not exceeding 12 months" from section 37 (1). 8
Insert instead "not exceeding 5 years".
9
[2] Section 37 (4) and (4A)
10
Omit the subsections. Insert instead:
(4) A retired Judge of the Court or of another court in New South Wales (including 11
a retired judicial member of the Industrial Commission or of the Industrial
Relations Commission) may be so appointed even though the retired Judge has 12
reached the age of 72 years (or will have reached that age before the 13
appointment expires), but may not be so appointed for any period that extends 14
beyond the day on which he or she reaches the age of 77 years. 15
16
(4A) A retired Judge of the Federal Court of Australia or of the Supreme Court of 17
another State or Territory may be so appointed even though the retired Judge
has reached the age of 70 years (or will have reached that age before the 18
appointment expires), but may not be so appointed for any period that extends 19
beyond the day on which he or she reaches the age of 77 years. 20
21
[3] Section 111 Appointment of associate Judges and acting associate Judges 22
Omit "75 years" from section 111 (6). Insert instead "77 years". 23
Explanatory note 24
Item [1] of the proposed amendments to the Supreme Court Act 1970 enables acting judges of the 25
Supreme Court of New South Wales to be appointed for a period of up to 5 years. Currently, acting 26
judges are appointed for a period of up to 12 months. 27
Item [2] enables acting judges to be appointed up to the age of 77 years. Currently, acting judges are 28
appointed up to the age of 75 years. 29
Item [3] enables acting associate judges to be appointed up to the age of 77 years. Currently, acting 30
associate judges are appointed up to the age of 75 years. 31
32
Page 13
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 4 Other amendments
Schedule 4 Other amendments 1
4.1 Crimes (Administration of Sentences) Act 1999 No 93 2
[1] Section 257A 3
Insert after section 257: 4
257A Exchange of certain information 5
(1) The Commissioner may enter into an arrangement (an information sharing 6
arrangement) with the Commissioner of Fines Administration for the 7
purposes of sharing or exchanging any information that is held by Corrective 8
Services NSW or the Commissioner of Fines Administration. 9
(2) The information to which an information sharing arrangement may relate is 10
limited to information that assists in the exercise of: 11
(a) the functions of the Commissioner under this Act or the regulations, or
(b) the functions of the Commissioner of Fines Administration under the 12
Fines Act 1996 or the regulations under that Act.
13
(3) Under an information sharing arrangement: 14
(a) the Commissioner is, despite any other Act or law of the State,
authorised to request and receive information from the Commissioner 15
of Fines Administration comprising the name, address and date of birth
of a person who is an inmate and a fine defaulter (within the meaning of 16
the Fines Act 1996), and details of the fine, and 17
(b) the Commissioner of Fines Administration is authorised to disclose that 18
information to the Commissioner, and 19
(c) the Commissioner of Fines Administration is, despite any other Act or 20
law of the State, authorised to request and receive from Corrective
Services NSW the following information about a person who is an 21
inmate: 22
(i) the inmate's name and date of birth,
(ii) the date the inmate was taken into custody, 23
(iii) the address of the inmate's usual place of residence (as recorded 24
by Corrective Services NSW under this Act), 25
(iv) the unique identifying number assigned to the inmate by 26
Corrective Services NSW, 27
(v) whether or not the inmate is serving a sentence, 28
(vi) if the inmate is serving a sentence, the date on which the inmate's 29
non-parole period and full sentence are due to expire, 30
(vii) if the inmate is not serving a sentence, the date on which the 31
inmate is due for release, and 32
(d) the Commissioner is authorised to disclose that information to the 33
Commissioner of Fines Administration. 34
35
36
37
38
39
Page 14
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 4 Other amendments
[2] Schedule 5 Savings, transitional and other provisions 1
Insert at the end of the Schedule (with appropriate Part and clause numbering): 2
Part Provision consequent on enactment of Courts and 3
Crimes Legislation Amendment Act 2015 4
Exchange of information 5
Section 257A as inserted by the Courts and Crimes Legislation Amendment 6
Act 2015 extends to information obtained before the commencement of that 7
section. 8
9
Explanatory note 10
Item [1] of the proposed amendments to the Crimes (Administration of Sentences) Act 1999 inserts a 11
provision (similar to that in the Children (Detention Centres) Act 1987) to enable the Commissioner of 12
Corrective Services to share information with the Commissioner of Fines Administration about 13
inmates, so as to identify any outstanding fines of such inmates and to facilitate their participation in 14
work and development orders under the Fines Act 1996 as a way of satisfying all or part of those fines. 15
Item [2] provides that the provision inserted by item [1] extends to information obtained before the 16
commencement of that provision.
17
4.2 Jury Act 1977 No 18
18
Section 75A Information to be supplied to sheriff
19
Insert after section 75A (2B) (c): 20
(d) the customer identification number (if any) allocated to the person by 21
Roads and Maritime Services. 22
23
Explanatory note 24
The proposed amendment to the Jury Act 1977 enables the sheriff to obtain a customer identification 25
number allocated to a person by Roads and Maritime Services for the purpose of determining whether
the person should be excluded from jury service. 26
4.3 Land and Environment Court Act 1979 No 204 27
[1] Section 18 Class 2--local government and miscellaneous appeals and applications 28
Omit section 18 (b). 29
[2] Section 19 Class 3--land tenure, valuation, rating and compensation matters 30
Omit section 19 (f). 31
32
[3] Section 20 Class 4--environmental planning and protection and development
contract civil enforcement 33
Omit "Part 5 of the Olympic Co-ordination Authority Act 1995," from section 20 (3) (a). 34
[4] Section 37 Commissioners sitting with a Judge 35
36
Omit "or 3" from section 37 (1). Insert instead ", 3 or 4". 37
38
Explanatory note 39
Items [1]-[3] of the proposed amendments to the Land and Environment Court Act 1979 make 40
changes of a statute law revision nature by removing references to repealed Acts. 41
Item [4] extends the classes of proceedings in which judges of the Land and Environment Court of 42
New South Wales may be assisted by commissioners to include Class 4 proceedings (Class 4
proceedings relate to environmental planning and protection and development contract civil
enforcement).
Page 15
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 4 Other amendments
4.4 NSW Trustee and Guardian Act 2009 No 49 1
[1] Section 88 2
Omit the section. Insert instead: 3
88 Revocation of order by MHRT 4
(1) The MHRT, on application by a protected person who is (or who was, but has 5
ceased to be) a patient, may revoke the order that the estate of the person be 6
subject to management under this Act, if it is satisfied that: 7
(a) the protected person is capable of managing his or her affairs, or 8
(b) the revocation is in the best interests of the protected person. 9
(2) In this section, patient includes a forensic patient within the meaning of the 10
Mental Health (Forensic Provisions) Act 1990. 11
[2] Schedule 1 Savings, transitional and other provisions 12
Insert at the end of the Schedule (with appropriate Part and clause numbering): 13
Part Provision consequent on enactment of Courts and 14
Crimes Legislation Amendment Act 2015 15
Revocation of order by MHRT 16
Section 88, as substituted by the Courts and Crimes Legislation Amendment 17
Act 2015, extends to: 18
(a) orders that the estate of any person be subject to management under this 19
20
Act made before the substitution, and 21
(b) applications made under that section (but not finally determined) before 22
23
the substitution. 24
25
Explanatory note 26
Item [1] of the proposed amendments to the NSW Trustee and Guardian Act 2009 enables the Mental 27
Health Review Tribunal to revoke financial management orders made under that Act in respect of 28
certain persons who are or were patients admitted to a mental health facility (including forensic 29
patients within the meaning of the Mental Health (Forensic Provisions) Act 1990) if it is satisfied that
those persons are capable of managing their affairs or that the revocation is in their best interests. 30
Item [2] makes provision for a transitional matter consequent on the amendment made by item [1].
31
4.5 Oaths Act 1900 No 20
32
[1] Section 26 Before whom oaths and affidavits may be taken
33
Insert "or tribunal" after "court" in section 26 (1).
34
[2] Section 26 (1)
35
Insert "in this or any other State or Territory or the Commonwealth" after "arbitration".
36
[3] Section 26A
37
Insert after section 26:
38
26A Witnessing of statutory declarations for other jurisdictions 39
40
If it is permitted by another State, a Territory or the Commonwealth, a justice 41
of the peace may take, receive or witness a statutory declaration within New
South Wales for use in relation to the other State, Territory or the
Commonwealth.
Page 16
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 4 Other amendments
[4] Tenth Schedule 1
Insert after the Ninth Schedule: 2
Tenth Schedule Savings, transitional and other provisions 3
Part 1 General 4
1 Regulations 5
(1) The regulations may contain provisions of a savings or transitional nature 6
consequent on the enactment of any Act that amends this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from the 8
date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that is 10
earlier than the date of its publication on the NSW legislation website, the 11
provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the State or
an authority of the State), the rights of that person existing before the 13
date of its publication, or 14
(b) to impose liabilities on any person (other than the State or an authority 15
of the State) in respect of anything done or omitted to be done before the
date of its publication. 16
17
Part 2 Provision consequent on enactment of Courts and 18
Crimes Legislation Amendment Act 2015
19
2 Application of amendments 20
Any oath, declaration or affidavit taken, made or witnessed before the 21
commencement of the amendments to this Act made by the Courts and Crimes
Legislation Amendment Act 2015 that would have been validly taken, made or 22
witnessed had the amendments been in force when it was taken, made or 23
witnessed is (to the extent of any invalidity) taken to be, and always to have 24
been, valid. 25
26
Explanatory note 27
Item [1] of the proposed amendments to the Oaths Act 1900 enables justices of the peace to witness 28
oaths or affidavits for use in tribunals in New South Wales, any other State or Territory or the 29
Commonwealth (as well as oaths or affidavits for use in courts). 30
Item [2] clarifies that justices of the peace may witness oaths or affidavits for use in arbitrations in any 31
other State or Territory or the Commonwealth (as well as arbitrations in New South Wales). 32
Item [3] enables justices of the peace to witness statutory declarations for use in any other State or 33
Territory or the Commonwealth. 34
Item [4] enables the Governor to make regulations of a savings or transitional nature consequent on 35
the enactment of any Act that amends the Oaths Act 1900 (including the proposed Act). The item also 36
provides for the proposed amendments to apply (and to be taken always to have applied) in respect 37
of oaths, declarations and affidavits that were taken, made or witnessed before the commencement 38
of the amendments. 39
40
Page 17
Courts and Crimes Legislation Amendment Bill 2015 [NSW]
Schedule 4 Other amendments
4.6 Trees (Disputes Between Neighbours) Act 2006 No 126 1
Section 14A Application of Part 2
Omit section 14A (2). Insert instead: 3
(2) Despite section 4, this Part does not apply to trees situated on Crown land.
4
Explanatory note 5
The proposed amendment to the Trees (Disputes Between Neighbours) Act 2006 extends the 6
application of certain provisions relating to court orders in respect of high hedges that obstruct sunlight 7
or views to any land within a zone designated "rural-residential" under an environmental planning 8
instrument or having the substantial character of that zone. 9
Page 18
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