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This is a Bill, not an Act. For current law, see the Acts databases.
Courts and Other Legislation
Amendment Bill 2009
No , 2009
A Bill for
An Act to amend various Acts with respect to courts, civil and criminal procedure,
sentencing procedure, personal information and reports; and for other purposes.
Clause 1 Courts and Other Legislation Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Courts and Other Legislation Amendment Act 2009. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsection (2). 6
(2) The amendments made by Schedule 1 commence on the day or days 7
specified in that Schedule in relation to the amendments concerned. If a 8
commencement day is not specified, the amendments commence on the 9
date of assent to this Act. 10
3 Explanatory notes 11
The matter appearing under the heading "Explanatory note" in 12
Schedule 1 does not form part of this Act. 13
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Courts and Other Legislation Amendment Bill 2009
Amendment of Acts Schedule 1
Schedule 1 Amendment of Acts 1
1.1 Administrative Decisions Tribunal Act 1997 No 76 2
[1] Section 113 Right to appeal against appealable decisions of the Tribunal 3
Omit "an interlocutory decision of" from section 113 (2A). 4
Insert instead "the exercise of an interlocutory function (within the meaning of 5
section 24A) by". 6
[2] Section 113 (2B) 7
Omit the subsection. Insert instead: 8
(2B) For the purposes of determining whether to grant leave under 9
subsection (2A), and for determining the appeal if leave is 10
granted, the Appeal Panel may be constituted by: 11
(a) one presidential judicial member--if the interlocutory 12
function was exercised by the Tribunal constituted by a 13
Deputy President or by one or more members other than 14
the President, or 15
(b) in accordance with section 24--if the interlocutory 16
function was exercised by the President. 17
[3] Section 113 (2C) (b) 18
Insert "or determining the appeal" after "subsection (2A)". 19
[4] Section 113 (2D) 20
Insert after section 113 (2C): 21
(2D) Subsection (2B) has effect despite section 24A. 22
[5] Schedule 5 Savings and transitional provisions 23
Insert at the end of the Schedule: 24
Part 12 Provision consequent on enactment of 25
Courts and Other Legislation Amendment 26
Act 2009 27
47 Appeals against interlocutory decisions 28
Section 113 (2B) (as substituted by the Courts and Other 29
Legislation Amendment Act 2009) does not apply to an 30
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Courts and Other Legislation Amendment Bill 2009
Schedule 1 Amendment of Acts
application for leave to appeal against an interlocutory decision 1
made before the substitution. 2
Explanatory note 3
The proposed amendments to the Administrative Decisions Tribunal Act 1997 ensure 4
that an Appeal Panel constituted by a single presidential judicial member may deal with 5
both an application for leave to appeal against an interlocutory function exercised by 6
the Tribunal and the appeal if leave is granted. An interlocutory function exercised by 7
the President alone will be dealt with by a full Appeal Panel. The amendments are 8
made in response to the decision of the Court of Appeal in Avilion Group Pty Ltd v 9
Commissioner of Police [2009] NSWCA 93. 10
1.2 Anti-Discrimination Act 1977 No 48 11
[1] Section 119 General functions of the Board 12
Omit "and" from section 119 (1) (f). 13
[2] Section 119 (1) (h) 14
Insert at the end of section 119 (1) (g): 15
, and 16
(h) liaise or collaborate with academics and other persons 17
engaged in carrying out investigations, research or 18
inquiries relating to discrimination when it considers it 19
appropriate to do so and, for those purposes, to facilitate 20
disclosure to those persons of information obtained under 21
this Act. 22
Note. Sections 17 and 18 of the Privacy and Personal 23
Information Protection Act 1998 impose limits on the disclosure 24
of personal information by the Board in exercising this function. 25
[3] Section 124A Secrecy 26
Insert at the end of section 124A (1) (d): 27
, or 28
(e) an academic or other person referred to in section 119 29
(1) (h). 30
Explanatory note 31
The proposed amendments to the Anti-Discrimination Act 1977 enable the Board to 32
give access to information obtained under the Act to academics and other persons for 33
certain purposes. 34
1.3 Children (Criminal Proceedings) Act 1987 No 55 35
[1] Section 33D Non-association and place restriction orders 36
Insert "except at the times or in such circumstances (if any) as are specified" 37
after "specified person" in section 33D (3) (a). 38
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Courts and Other Legislation Amendment Bill 2009
Amendment of Acts Schedule 1
[2] Section 33D (3A) 1
Insert after section 33D (3): 2
(3A) An order under subsection (2) (b) is to be one of the following: 3
(a) a limited place restriction order, being an order prohibiting 4
the person from frequenting or visiting a specified place or 5
district except at the times or in such circumstances (if any) 6
as are specified, 7
(b) an unlimited place restriction order, being an order 8
prohibiting the person from frequenting or visiting a 9
specified place or district at any time or in any 10
circumstance. 11
Explanatory note 12
The proposed amendments to the Children (Criminal Proceedings) Act 1987 will make 13
section 33D of that Act mirror section 17A of the Crimes (Sentencing Procedure) Act 14
1999 (as amended by Schedule 1.5 [1] and [2]). Section 33D (6) of the 1987 Act adopts 15
Part 8A (Non-association and place restriction orders) of the 1999 Act and accordingly 16
the amendments made by Schedule 1.5 [3]-[7] to provisions of that Part will 17
automatically flow through to section 33D. The proposed amendments: 18
(a) enable the court to make a limited non-association order prohibiting an offender 19
from associating with a specified person for a specified term except at specified 20
times or in specified circumstances (item [1]), and 21
(b) enable the court to make a limited place restriction order prohibiting an offender 22
from frequenting or visiting a place except at specified times or in specified 23
circumstances (item [2]). 24
1.4 Civil Procedure Act 2005 No 28 25
Section 122 Maximum total payment under all garnishee orders 26
Omit "80 per cent of" from section 122 (1). 27
Explanatory note 28
Section 122 of the Civil Procedure Act 2005 prohibits the amounts attached under one 29
or more garnishee orders from reducing the net weekly wage or salary paid to a 30
judgment debtor to below 80% of the standard workers compensation weekly benefit 31
(currently $381.40). The proposed amendment to the Act will increase the limit to the 32
full amount of the benefit. The increase will apply only in respect of garnishee orders 33
entered on or after the commencement of the amendment. 34
1.5 Crimes (Sentencing Procedure) Act 1999 No 92 35
[1] Section 17A Non-association and place restriction orders 36
Insert "except at the times or in such circumstances (if any) as are specified" 37
after "specified person" in section 17A (3) (a). 38
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Courts and Other Legislation Amendment Bill 2009
Schedule 1 Amendment of Acts
[2] Section 17A (3A) 1
Insert after section 17A (3): 2
(3A) An order under subsection (2) (b) is to be one of the following: 3
(a) a limited place restriction order, being an order prohibiting 4
the offender from frequenting or visiting a specified place 5
or district except at the times or in such circumstances (if 6
any) as are specified, 7
(b) an unlimited place restriction order, being an order 8
prohibiting the offender from frequenting or visiting a 9
specified place or district at any time or in any 10
circumstance. 11
[3] Section 100A Non-association and place restriction orders not to restrict 12
certain associations or activities 13
Insert after section 100A (1): 14
(1A) Despite subsection (1), a member of the offender's close family 15
may be specified in a non-association order if, and only if, the 16
court considers that exceptional circumstances exist because 17
there is reasonable cause to believe, having regard to the ongoing 18
nature and pattern of criminal activity in which the member and 19
the offender have both participated, that there is risk that the 20
offender may be involved in conduct that could involve the 21
commission of a further offence of the kind to which section 17A 22
applies if the offender associates with that member. 23
[4] Section 100A (2) (e) and (f) 24
Insert at the end of section 100A (2) (d): 25
or 26
(e) any place at which the offender regularly receives a health 27
service or a welfare service, or 28
(f) any place at which the offender is provided with legal 29
services by an Australian legal practitioner or by an 30
organisation employing or otherwise using at least one 31
Australian legal practitioner to provide such services, 32
[5] Section 100A (2A)-(2C) 33
Insert after section 100A (2): 34
(2A) Despite subsection (2), a place or district referred to in that 35
subsection may be specified in a place restriction order if, and 36
only if, the court considers that exceptional circumstances exist 37
because there is reasonable cause to believe, having regard to the 38
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Courts and Other Legislation Amendment Bill 2009
Amendment of Acts Schedule 1
ongoing nature and pattern of participation of the offender in 1
criminal activity occurring at that place or district, that there is 2
risk that the offender may be involved in conduct that could 3
involve the commission of a further offence of the kind to which 4
section 17A applies if the offender frequents or visits that place 5
or district. 6
(2B) The court must make a record of its reasons for making an order 7
under subsection (1A) or (2A). 8
(2C) The failure of a court to comply with subsection (2B) does not 9
invalidate the order. 10
[6] Section 100A (3) (f) 11
Insert at the end of section 100A (3) (e): 12
, and 13
(f) in the case of an offender who is an Aboriginal person or a 14
Torres Strait Islander--persons who are or have been part 15
of the extended family or kin of the offender according to 16
the indigenous kinship system of the offender's culture. 17
[7] Section 100A (4) 18
Insert after section 100A (3): 19
(4) In this section: 20
health service means any medical, hospital, ambulance, 21
paramedical, dental, community health or environmental health 22
service or any other service (including any service of a class or 23
description prescribed by the regulations) relating to the 24
maintenance or improvement of the health, or the restoration to 25
health, of persons or the prevention of disease in, or injury to, 26
persons and whether provided as a public or private service. 27
welfare service means services (whether provided as public or 28
private services) relating to the provision of housing, 29
employment benefits, rental assistance or other financial 30
assistance, family support and other community welfare services 31
necessary for the promotion, protection, development and 32
maintenance of the well-being of persons. 33
Explanatory note 34
Section 17A of the Crimes (Sentencing Procedure) Act 1999 enables "non-association" 35
and "place restriction" orders to be imposed on persons who are sentenced for offences 36
carrying a maximum of 6 months imprisonment or more. Section 100A of the Act 37
prevents a non-association order from imposing certain restrictions on an offender 38
associating with persons who are members of the offender's close family and prevents 39
a place restriction order from imposing certain restrictions on the places or districts that 40
the offender may frequent or visit. The proposed amendments to the Act: 41
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Courts and Other Legislation Amendment Bill 2009
Schedule 1 Amendment of Acts
(a) include within the definition of "close family" persons who are, or have been, part 1
of the extended family or kin of an offender who is an Aboriginal person or 2
Torres Strait Islander (item [6]), and 3
(b) expand the list of places that may not be included in place restriction orders to 4
include places the offender regularly attends to receive certain health, legal and 5
welfare services (items [4] and [7]), and 6
(c) enable the court to make a non-association order prohibiting an offender from 7
associating with a specified person for a specified term except at specified times 8
or in specified circumstances (item [1]), and 9
(d) enable the court to make a place restriction order prohibiting an offender from 10
frequenting or visiting a place except at specified times or in specified 11
circumstances (item [2]), and 12
(e) enable the court to impose orders despite the restrictions relating to close family 13
members and places and districts and require the court to give reasons for 14
making such an order in specified exceptional circumstances (items [3] and [5]). 15
The amendments flow from certain recommendations made in the NSW Ombudsman's 16
Final Report of the Review of the Justice Legislation Amendment (Non-association and 17
Place Restriction) Act 2001. 18
1.6 Law Enforcement (Powers and Responsibilities) Act 2002 19
No 103 20
[1] Section 62 Information in, and consideration of, application for warrant 21
Omit "those premises" from section 62 (2) (a) (i). 22
Insert instead "the subject premises". 23
[2] Section 66 Form of warrant 24
Omit "those premises" from section 66 (2) (b) (i). 25
Insert instead "the subject premises". 26
Commencement 27
The amendments to the Law Enforcement (Powers and Responsibilities) Act 2002 are 28
taken to have commenced on 29 May 2009 (the commencement of the Law 29
Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009). 30
Explanatory note 31
The proposed amendments to the Law Enforcement (Powers and Responsibilities) Act 32
2002 remove an ambiguity in the language of provisions inserted by the Law 33
Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009. 34
The amendments make it clear that an application for a covert search warrant, and any 35
covert search warrant, must include the name of the occupier of the premises the 36
subject of the warrant. 37
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Courts and Other Legislation Amendment Bill 2009
Amendment of Acts Schedule 1
1.7 Law Reform Commission Act 1967 No 39 1
Section 13 Reports 2
Insert after section 13 (5): 3
(5A) If a House of Parliament is not sitting when the Minister seeks to 4
lay a report before it, the Minister may present copies of the 5
report to the Clerk of the House concerned. 6
(5B) The report: 7
(a) is, on presentation and for all purposes, taken to have been 8
laid before the House, and 9
(b) may be printed by authority of the Clerk of the House, and 10
(c) if so printed, is for all purposes taken to be a document 11
published by or under the authority of the House, and 12
(d) is to be recorded: 13
(i) in the case of the Legislative Council, in the Minutes 14
of Proceedings of the Legislative Council, and 15
(ii) in the case of the Legislative Assembly, in the Votes 16
and Proceedings of the Legislative Assembly, 17
on the first sitting day of the House after receipt of the 18
report by the Clerk. 19
Explanatory note 20
The proposed amendment to the Law Reform Commission Act 1967 enables interim 21
and final reports on the Law Reform Commission's work under a reference to be tabled 22
when Parliament is not sitting. 23
1.8 Local Court Act 2007 No 93 24
[1] Section 18 Registrars and deputy registrars 25
Omit "a designated place" from section 18 (2). 26
Insert instead "one or more designated places". 27
[2] Section 19 Registrar's functions generally 28
Omit section 19 (2). Insert instead: 29
(2) Subject to any direction of the Director-General of the Attorney 30
General's Department, a registrar (including a registrar for a 31
designated place or places) may exercise such functions as are 32
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Courts and Other Legislation Amendment Bill 2009
Schedule 1 Amendment of Acts
conferred on the registrar under subsection (1) in respect of any 1
place, or any particular designated place or places, in the State. 2
[3] Section 19 (3) 3
Insert "at which the registrar may exercise the functions" after "State". 4
[4] Section 19 (4) 5
Insert after section 19 (3): 6
(4) The Director-General may delegate the exercise of the 7
Director-General's function under subsection (2) to: 8
(a) any member of staff employed in the administration of the 9
business of the Court, or 10
(b) any other person (or person belonging to a class of 11
persons) prescribed by the regulations. 12
[5] Section 21 References to registrars 13
Omit "the registrar for that place" from section 21 (a). 14
Insert instead "a registrar authorised to exercise functions at or in relation to 15
that place". 16
[6] Section 23 Arrangement of business of the Court 17
Omit section 23 (1) (b). Insert instead: 18
(b) the Magistrates or Assessors who are to sit at places 19
(including one or more designated places) in the State or 20
exercise certain functions at those places, and 21
[7] Section 23 (1) (c) 22
Omit "designated". Insert instead "those". 23
Explanatory note 24
The proposed amendments to the Local Court Act 2007 make it clear that (subject to 25
any directions of the Director-General of the Attorney General's Department or his or 26
her delegate) functions generally or in particular may be conferred on a registrar that 27
are exercisable by the registrar in respect of one or more designated places in the State 28
or any place in the State by or under the Act, the rules or any other Act or law. 29
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Courts and Other Legislation Amendment Bill 2009
Amendment of Acts Schedule 1
1.9 Mining Act 1992 No 29 1
Section 293 Jurisdiction of Land and Environment Court 2
Omit "62 (1)" from section 293 (1) (w). Insert instead "62 (1) (a) or (b)". 3
Explanatory note 4
The proposed amendment to the Mining Act 1992 updates a reference to section 62 of 5
the Act to more accurately reflect section 62 (6A) of the Act (which enables a party to 6
a dispute under section 62 (1) (a) or (b) of the Act concerning mining leases over land 7
on which there are certain dwelling-houses or gardens to apply to the Land and 8
Environment Court for determination of a dispute about those matters). 9
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