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2012 News

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Rotary to run Graffiti Removal Day [PDF, 109kb]
Issued: Wednesday, 16 May 2012

The NSW Attorney General, Greg Smith SC, today announced that Rotary Down Under would take the lead role in organising Graffiti Removal Day for 2012.

“Rotary is one of the world’s most respected organisations and has been at the forefront of community-based campaigns in NSW to combat graffiti,” Mr Smith said.

Graffiti Removal Day 2012 will encourage local councils and community members to nominate sites that have been vandalised with spray paint.

“The Government can’t win the war against graffiti on its own. We need people all across the state to be involved,” Mr Smith said

“Graffiti Removal Day will enable exasperated communities to restore civic pride by taking a united stand against vandals.”

Rotary will harness the power of social media to maximise the impact of Graffiti Removal Day.

“Community members will be able to nominate graffiti hotspots and volunteer for the clean-up via a Graffiti Removal Day website,” Mr Smith said.

“Rotary will also utilise Facebook to update the community on the event and encourage people to contribute their ideas on tackling the scourge of graffiti.”

Rotary Down Under Executive Director, Bob Aitken AM, said the organisation was delighted to be involved in Graffiti Removal Day.

“Rotarians are passionate about combating graffiti, which is why we have been working with the NSW Government on setting up volunteer graffiti removal squads around the state,” Mr Aitken said.

“We are excited by the opportunity to lead a much larger grass-roots campaign against graffiti and we encourage all members of the community to get involved.”

Mr Aitken said the campaign reflected Rotary’s focus on serving the community.

“Clubs across Australia already play a vital role every year in community events such as the Red Shield Appeal, and the promotion of mental health awareness.”

The Government’s decision to award Rotary Down Under the contract for Graffiti Removal Day followed an open tender process.

Mr Smith said the success of the NSW Government’s new Graffiti Hotline demonstrated the importance of community involvement in combatting graffiti.

“The hotline has received 582 calls since it was established in March, resulting in 482 graffiti reports being referred to councils and other government agencies for action,” Mr Smith said.

Mr Smith said the date for Graffiti Removal Day 2012 would be announced shortly.



DVD to educate jurors and help reduce mistrials [PDF, 108kb]
Issued: Monday, 14 May 2012

The NSW Attorney General, Greg Smith SC, today opened law week and launched a DVD containing important information that will be shown to every person in the state attending court for jury service.

Mr Smith said the DVD, titled ‘Welcome to Jury Service’, would explain the jury process and highlight the need for prospective jurors to inform the court if they have concerns about serving on a trial.

“The Sheriff’s Office estimates that two to three mistrials occur each month due to jurors being discharged,’’ Mr Smith said.

“This causes delays to the trial process and when jury trials cost around $8000 a day it also places a significant burden on taxpayers.

“It is frustrating that some mistrials are the result of jurors simply not declaring issues affecting their ability to serve until after the trial had started.”

Mr Smith said prospective jurors were given ample opportunity if they needed to be excused from a trial.

“Unfortunately some people are reluctant to speak up because they are embarrassed or feel overwhelmed,” Mr Smith said.

“The DVD informs prospective jurors that they have the option of writing down the reason they wish to be excused if they are reluctant to announce it publicly.

“The court will consider reasonable requests that could amount to “good cause” under the Jury Act 1977 for a prospective juror to be excused.”

The Chief Justice of NSW, Tom Bathurst QC, said the DVD was informative, accessible and inclusive.

“The DVD achieves the dual objectives of emphasising the importance of the community's continued participation in the delivery of criminal justice in the 21st century and ensuring that eligible jurors have an appreciation of what serving on a jury involves,” Chief Justice Bathurst said.

Select this link to view the jury DVD: www.youtube.com/watch?v=BsPtMaLO1J0


Law Week: Law and Justice in Your Community
Issued: Monday, 14 May 2012

Monday, 14 May marks the beginning of National Law Week 2012.

Themed 'Law and Justice in Your Community', Law Week is an annual event that aims to increase awareness of our system of law and justice, and to improve access to legal services within the community.

Law Week provides an opportunity for people who may not often come into contact with the legal system, or may not know about the range of services available to them, to meet government and non-government legal service providers at a wide range of free, public events.

Over 100 Law Week events are being held in NSW alone, in metropolitan, rural and regional areas, including:

  • Community Legal Information Days at Martin Place in Sydney (Monday, 14 May), in Parramatta (Tuesday, 15 May) and in Blacktown (Thursday, 17 May), where government and non-government organisations will provide free, face-to-face legal information on a range of topics.
  • The 'Walk for Justice' on National Pro Bono Day (Tuesday, 15 May), sponsored by the Public Interest Law Clearing House to raise awareness about the need for free, quality legal services in the community.
  • Talks and workshops in courts, libraries and other public venues throughout the state on topics including buying and selling a property, domestic violence, family law, cyber-bullying, strata living, making a will and Power of Attorney.
  • 'Mock trial'-style events for school students to help them understand more about the justice system in NSW.
Find out more about Law Week events in your local area at www.lawweek.com.au.



Lawyers act out fairy tale at Wollongong Court
Issued: Monday, 14 May 2012

The only surviving member of the three little pigs will be desperate to save his bacon when he stands trial for the murder of the Big Bad Wolf at Wollongong Courthouse during Law Week.

“The Trial of the Reasonably Intelligent Pig is a comical play that will demonstrate how the criminal justice system operates,” said Kathy Frost, Senior Registrar at Wollongong Courthouse.

“Performed by local lawyers, court staff and law students, the play will examine whether the pig was a callous killer or had acted in self defence when he took the life of the Big Bad Wolf.

“Members of the audience could find themselves on the jury that decides the pig’s fate.”

Ms Frost said The Trial of the Reasonably Intelligent Pig continues a Law Week tradition of using fairy tales to make the law more accessible to young people in the Illawarra region.

“The fairy tale trials, held during Law Week since 2008, are based on fiction but they make clear the different steps involved in real life criminal hearings,” Ms Frost said.

During Law Week, the court will also host a hypothetical exercise that will explore the legal issues that arise when a group of young people drink, take drugs and participate in a fatal street race.

“The issues will be discussed by an expert panel that will include a Local Court magistrate, a barrister, media, and representatives of the NSW Police Force and the State Coroner’s Court,” said Ms Frost.

Other Law Week events at Wollongong Courthouse include:
  • the official opening of Law Week on Monday, 14 May;
  • a tour of the courthouse cells;
  • presentations by the NSW Police Force Dog Squad and a Corrective Services K9 team; and,
  • information sessions with the NSW Police Youth Liaison Officer and Crash Investigation Unit, and the Ambulance Service of NSW.
All Law Week events at Wollongong Courthouse are free and are open to all members of the public.

The Illawarra will host a number of other events during Law Week, including talks at local libraries and a 'Wills Day' hosted by the NSW Trustee and Guardian to encourage people to make or update their will.

A Sentencing Forum will also be held at City Beach Function Centre in Wollongong at 6pm on Wednesday, 9 May. District Court Judge Paul Conlon and the President of the Wollongong & Illawarra District Law Society, Helen Volk, will host the forum, which is open to the public. The forum will focus on answering questions about sentencing and the criminal justice system.

For further information about Law Week and what is happening in your area, visit: www.lawweek.com.au.

National Law Week runs from May 14 –20. The theme is Law and Justice in Your Community. Over 100 Law Week events are being held in NSW alone, in metropolitan, rural and regional areas.



Greater access to the Law in Tweed Heads
Issued: Monday, 14 May 2012

People with restricted mobility who have limited access to services will be among those to benefit from Law Week activities in the Tweed Heads region in May.

During National Law Week, staff of Tweed Heads Local Court will visit a number of retirement villages, residential care facilities and the local hospital to sign Powers of Attorney and Enduring Guardianship forms for community members who can’t easily make these arrangements themselves.

“Law Week provides a great oportunity to visit less mobile members of the community, to explain how Power of Attorney and Enduring Guardianship work and to help take some of the worry out of what can be quite stressful situations,” said Karryn Gavenlock, Registrar of Tweed Heads Local Court.

“People who live in assisted care and patients in hospital can find it difficult to access important services because of their often restricted mobility,” Ms Gavenlock said.

“Our Law Week events aim to alleviate that difficulty for members of the Tweed Heads community.”

Tweed Heads Local Court will visit two care facilities as well as hosting a signing session at the courthouse on Recreation Street on Wednesday 16 May between 10am and 12pm.

Members of the public will also be able to take a tour of the courthouse on Wednesday 16 May between 1.30pm and 2pm. Ms Gavenlock, a local duty solicitor and a police prosecutor will be available to answer questions during the tour.

Other Law Week events in the Tweed Heads and North Coast areas include:
  • A ‘Wills Day’ hosted by the NSW Trustee & Guardian’s Lismore branch, where people can make – or update – their will.
  • ‘Legal Information at the Library’ sessions hosted by the Richmond Tweed Regional Library, where Legal Studies students can learn how to use the library’s Legal Information Access Centre resources.
National Law Week is an annual event that aims to increase awareness of the law and improve access to legal services in the community. National Law Week runs from May 14 –20. The theme of Law Week 2012 is Law and Justice in Your Community.

Over 100 Law Week events are being held in NSW alone, in metropolitan, rural and regional areas.

For further information about Law Week and what is happening in your area, visit: www.lawweek.com.au.



Community legal information day in Parramatta - Tuesday, 15 May
Issued: Monday, 14 May 2012

People in the Parramatta area will be able to access free legal information from a range of government and non-government organisations during National Law Week in May.

The Department of Attorney General and Justice is hosting a free community legal information day in Parramatta's Church Street Mall on Tuesday, 15 May from 9am – 2pm.

More than 30 legal service providers will have stalls at the free, public event, offering help on how to:
  • write a will;
  • arrange a free mediation session to resolve a neighbourhood dispute;
  • contact victim support services;
  • access free legal information and find your nearest lawyer;
  • access a range of other legal services including locating a Justice of the Peace;
  • source legal information at the local library;
  • access family law information; and,
  • obtain information for people who are having difficulty paying fines.
"The legal information day is an opportunity for members of the community to find out about the legal information and services available in the Parramatta area," said Suzanne Jenner, Registrar of Parramatta Local Court.

This is the second community legal information day in Parramatta, following the successful event at Parramatta Local Court during Law Week 2011.

"We're looking forward to meeting more community members this year, with the event taking place in Church Street Mall," said Ms Jenner.

The community legal information day is part of National Law Week, an annual event aimed at increasing awareness of the law and improving access to legal services within the community.

National Law Week runs from May 14 –20. The theme of Law Week 2012 is Law and Justice in Your Community.

Over 100 Law Week events are being held in NSW alone, in metropolitan, rural and regional areas. Events include mock trial exercises for students; talks and open days in courthouses and libraries; and legal information days across Sydney.

For further information about Law Week and what is happening in your area, visit: www.lawweek.com.au.



Get to know the law in Blacktown - Thursday, 17 May
Issued: Monday, 14 May 2012

People in the Blacktown area will be able to access free legal information from a range of government and non-government organisations during National Law Week in May.

The Department of Attorney General and Justice is hosting a free community legal information day in Blacktown's Civic Plaza on Thursday, 17 May from 9am – 2pm.

More than 25 legal service providers will have stalls at the free, public event, offering help on how to:
  • write a will;
  • arrange a free mediation session to resolve a neighbourhood dispute;
  • contact victim support services;
  • access free legal information and find your nearest lawyer;
  • access a range of other legal services including locating a Justice of the Peace;
  • source legal information at the local library;
  • access family law information; and,
  • obtain information for people who are having difficulty paying fines.
"The legal information day is an opportunity for members of the community to find out about the legal information and services that are available in the Blacktown area," said Garry Northcote, Registrar of Blacktown Local Court.

"The Blacktown community is very diverse and this event is about making legal and justice services more accessible to people of all ages and backgrounds," said Mr Northcote.

The inaugural Blacktown community legal information day is part of National Law Week, an annual event aimed at increasing awareness of the law and improving access to legal services within the community.

National Law Week runs from May 14 –20. The theme of Law Week 2012 is Law and Justice in Your Community.

Over 100 Law Week events are being held in NSW alone, in metropolitan, rural and regional areas. Events include mock trial exercises for students; talks and open days in courthouses and libraries; and legal information days across Sydney.

For further information about Law Week and what is happening in your area, visit: www.lawweek.com.au.



High- security court sets new benchmark [PDF, 123kb]
Issued: Sunday, 13 May 2012

The NSW Attorney General, Greg Smith SC, has welcomed the opening of one of the largest courtrooms in NSW, which will be capable of hosting high-security trials involving up to 14 defendants.

Mr Smith inspected the $2.5 million courtroom at the Downing Centre complex in Sydney’s CBD last week and declared it the best trial court in Australia.

“This is the Rolls Royce of courtrooms - a 232 square metre monster that will be utilised for the longest, largest and most complex criminal trials in NSW,” Mr Smith said.

“The Sydney West Trial Courts, which hosted the recent terrorism and airport bikie brawl trials, set a benchmark for security and technology.

“But this new court has raised the bar even further.’’

The new courtroom includes:
  • A 20-seat dock that can be opened or enclosed (the dock includes six seats for Corrective Services officers);
  • Two bar tables accommodating up to 36 legal practitioners;
  • A 66 square metre jury deliberation room; and
  • A 15 seat jury box (a regular trial has a 12-member jury but up to 15 jurors can be empanelled for long trials).
Mr Smith said the jury box featured eight high-definition television screens.

“Instead of passing photographs around and taking turns to scrutinise evidence, jurors will be able to watch video evidence and electronic exhibits more closely - and in a more timely fashion,” Mr Smith said.

An audio-visual link system will enable the court to hear bail applications made from prisons and witness testimony given from remote locations.

Mr Smith said the court’s technology would make the justice system more open and accessible.

“If the public gallery becomes full during high profile cases, the court will have the option of broadcasting its proceedings on screens outside the courtroom.

“And with the consent of the court, the media will also be able to stream proceedings such as the sentencing of an offender,” Mr Smith said.


Independent inspector to monitor prison standards [PDF, 108kb]
Issued: Sunday, 13 May 2012

An Inspector of Custodial Services will be appointed to monitor standards in correctional facilities across NSW, Attorney General and Minister for Justice Greg Smith SC announced today.

The Inspector will have jurisdiction over all correctional facilities, including public and private sector prisons and juvenile justice centres, court custody centres, police cells managed by Corrective Services NSW, transitional centres, prisoner transport and support services.

The independent watchdog will be able to review correctional and juvenile justice facilities at any time and make recommendations about issues of concern.

“The Inspector will be a champion for prisons and prison officers,’’ Mr Smith said.

“The new position will build public confidence in the justice system and ensure that correctional facilities are safe, secure and operate to a high standard.

“Prison officers will also be able to air their concerns without fear of being harassed or having their careers prejudiced as a result of assisting an Inspector.’’

The Inspector will be required to:
  • report on each juvenile justice facility at least once every three years;
  • report on each adult correctional facility at least once every five years;
  • conduct additional inspections at the request of a government minister; and
  • provide an annual report to Parliament and the Minister for Justice.
“It will be an offence to give a false statement to an Inspector or to hinder their investigations and the law will protect whistle-blowers,” Mr Smith said.

The administration of the Official Visitors program will be transferred from Juvenile Justice NSW and Corrective Services NSW to the Inspector. This will enhance the independence of the Official Visitors program.

The Inspector will not deal with individual complaints made by prisoners, but may refer them to the Ombudsman.

An Inspector will be appointed for a five-year term that can be extended for an additional five years. A joint parliamentary committee will monitor the functions of the Inspector and examine reports of the Office of the Inspector.

“By appointing an Inspector of Custodial Services, the NSW Government is delivering on another of its election commitments,” Mr Smith said.

Mr Smith noted the success of Inspectors in other jurisdictions.

“There is an Inspector in Western Australia, where the office is held in high regard by the community and both sides of politics in that state. This has also been the case in foreign jurisdictions including England, Scotland and Wales.’’

The Government will advertise the position shortly and it is expected that the Inspector will commence before the end of the year.


Attorney General pardons bail out participants [PDF, 183kb]
Issued: Saturday, 12 May 2012

The NSW Attorney General and Minister for Justice, Greg Smith SC, has today pardoned ‘inmates’ who took part in the Whitelion Bail Out event at Yasmar Juvenile Detention Centre.

Barristers, businessmen and an advertising executive are among 60 ‘inmates’ who have paid at least $1,000 each to be locked up overnight in order to help young people stay out of jail.

The ‘inmates’ who arrived at the former detention centre on Friday for processing included: BMF director, Warren Brown; Maurice Byers barristers Philip Strickland SC, Ertunc Ozen and Nicholas Broadbent, as well as Lend Lease director David Tucker and General Manager NSW/ACT David Paterson.

Mr Smith said he was a strong supporter of the event, which has made a real difference to young people’s lives.

“Whitelion works closely with Juvenile Justice staff to provide our young offenders in NSW with a job that will help them stay on the right track.

“The businesses who have signed up with Whitelion should be congratulated and I would encourage other businesses to lend their support to this worthy cause.

“Employment provides young offenders with structure, purpose, confidence and skills.

“Young offenders should be doing something productive and not destructive, and these initiatives help make that possible,” Mr Smith said.

Whitelion is a national non-profit organisation which offers young people mentoring, education, training, jobs and connection to community.


Response to report on asbestos compensation [PDF, 115kb]
Issued: Friday, 11 May 2012

The NSW Government has today announced its response to the Law Reform Commission's report on compensation to relatives.

The Attorney General, the Hon Greg Smith MP, said that the Government had reluctantly decided that it would not be appropriate to implement the Commission's recommendations.

This followed legal and actuarial advice that indicated that to do so would have constituted a material breach of the Asbestos Injuries Compensation Fund (AICF) Funding Agreement.

That Agreement was entered in 2006 into following negotiations between the NSW Government, unions, victims’ representatives and James Hardie. It includes a provision under which the NSW Government promised that it would not legislate to increase or decrease damages for dust diseases.

The AICF Funding Agreement is the key mechanism by which Australian asbestos victims continue to have access to around $1.5 billion in compensation funding from James Hardie. The Agreement will run for at least another thirty years.

“The Government appreciates and regrets that this response will disappoint some asbestos victims and their families," Mr Smith said.

"However, we hope that they will understand why the Government needs to consider the importance long-term of providing certainty of continued compensation to all asbestos victims, both current and future generations."

For the Government’s response, including the legal and actuarial advice, go to:

http://www.dpc.nsw.gov.au/about/accessing_dpc_information/dpc_disclosure_log



Leading Criminal Lawyer Appointed Judge [PDF, 115kb]
Issued: Thursday, 10 May 2012

The Attorney General, Greg Smith SC, today announced the appointment of a Deputy Senior Public Defender, Richard Button SC, as a judge of the Supreme Court of NSW.

“Mr Button is a leading practitioner of criminal law in NSW who has appeared in many significant jury trials, sentencing hearings and appeals against convictions and sentences,” Mr Smith said.

Mr Button was admitted as a solicitor in 1984 and was called to the Bar in 1989. After two years in private practice, Mr Button was appointed a Public Defender and has retained that appointment until now.

From 1996 until 1998, he was seconded as Director of the Criminal Law Review Division of the NSW Attorney General’s Department, where he was involved in state and federal law reform.

Mr Button was appointed Senior Counsel in 2005 and was appointed one of two Deputy Senior Public Defenders in 2010.

This came after he led a defence team in the Supreme Court terrorism trial at Parramatta in 2008 and 2009.

During his 28-year legal career, Mr Button has sat on many law committees, including the Bar Association Criminal Law Committee. He represented the Senior Public Defender on the NSW Government’s DNA Review Panel.

Mr Button will be sworn in as a judge of the Supreme Court on 12 June 2012.


NSW Government welcomes Crump ruling in High Court [PDF, 172kb]
Issued: Friday, 4 May 2012

The NSW Attorney General, Greg Smith SC, has welcomed the High Court decision today which will help keep convicted murderer Kevin Crump behind bars for the rest of his life.

In a unanimous 7-0 decision, the Court dismissed a challenge to 2001 legislation which was designed to keep Crump and other convicted murderers in jail until they die.

The Court upheld the State law which means Crump can only be released on parole if he is in imminent danger of death or so incapacitated that he lacks the physical capacity to harm another.

In 1974, Crump and his co-accused Allan Baker were convicted of conspiring to murder Virginia Morse and sentenced to life imprisonment, with the judge declining to fix a non-parole period and saying they should spend the rest of their lives in jail. They were charged with conspiracy under NSW law, because the murder actually took place in Queensland.

Baker was also convicted of the murder of Ian Lamb during a robbery, and Crump of being an accessory to the murder of Lamb.

In his judgement, Chief Justice Robert French said “the killings were callous, and in the case of Mrs Morse, preceded by pitiless and degrading abuse’’.

“Kevin Crump is one of the worst killers ever seen in NSW,’’ Mr Smith said.

“What he and Baker did to that young woman should not be forgotten.

“Crump is no better than a vicious animal and when he committed those crimes he forfeited his right to be part of society.

“I hope he spends the rest of his days reflecting on the misery he has inflicted on the Morse family.’’

After the 1974 verdict, the law was changed to allow courts to fix a minimum term before someone was eligible for parole. Crump made an unsuccessful application to the Supreme Court in 1992, but in 1997 the Court imposed a minimum term which meant that he would be eligible for consideration for parole after 2003.

Section 154A of the Crimes Act was then enacted in 2001 and it meant Crump and others would not be eligible to be released on parole unless certain conditions were fulfilled. It was this section which Crump challenged in the High Court.

However, the High Court found the 1997 Supreme Court ruling had not created any right or entitlement for the plaintiff to be released on parole and that the legislation did not interfere with an order of the court.

The High Court said “the practical reality which faces a sentencing judge is the prospect of legislative and administrative change in parole systems from time to time”.

“Neither the substance nor the form of the 1997 Supreme Court determination had created any right or entitlement for the plaintiff to be released on parole,’’ the Court said. “Section 154A was therefore not invalid.”


Privacy Awareness Week starts on Sunday, 29 April
Issued: Friday, 27 April 2012

Privacy Awareness Week (PAW) begins this Sunday, running from 29 April to 4 May, and is all about promoting awareness about privacy rights and responsibilities in the community. This year the focus is on the privacy rights of young people.

PAW is an initiative of Asia Pacific Privacy Authorities (APPA) of which the Information and Privacy Commission (IPC) is a member.

These days young people are Internet-savvy and confident users of social media, but do they know about how to protect their privacy online and their privacy rights? There's lots of information out there about protecting privacy, but sometimes it's hard for students, parents and teachers to find what they need, when they need it.

APPA members have created this list of useful resources for young people from across the Asia Pacific region to help them find the information product that meets their needs. From games to quizzes, factsheets and animations, you're sure to find a product you can use to remind the young people in your life that they have privacy rights and why it pays to use them.

NSW Attorney General and Minister for Justice, the Hon. Greg Smith MP, and NSW Privacy Commissioner, Dr Elizabeth Coombs, will be officially launching this year's PAW on Friday 27 April 2012.

Find out more about Privacy Awareness Week on the Information and Privacy Commission website at www.ipc.nsw.gov.au.


Law Reform review of sentencing
Issued: Tuesday, 24 April 2012

The Law Reform Commission has released the first group of a series of question papers seeking stakeholder views on sentencing. Question Papers 1-4 address some of the fundamental issues, including the purposes of sentencing, common law sentencing principles, the factors that a court must take into account on sentence and other discounting factors. The closing date for submissions on Question Papers 1 to 4 is 4 June 2012.


Busy construction period for NSW Courts [PDF, 113kb]
Issued: Wednesday, 18 April 2012

Hard hats will replace horse hair wigs as the head piece of choice at many courts around NSW, with the NSW Attorney General, Greg Smith SC, today announcing details of more than a dozen construction projects.

“This is an exciting time for the NSW justice system, with major new court complexes to be built in Newcastle, Coffs Harbour and Armidale, while many existing courthouses are expanding or being refurbished,” Mr Smith said.

The Development Application for the $94 million Newcastle Courthouse project has been submitted to council and the site is being prepared for construction. The seven-storey building will accommodate 10 courtrooms, two tribunal rooms and a host of facilities for the legal profession, victims of crime and justice agencies.

A Development Application will be submitted this month for the construction of a $40 million courthouse at Coffs Harbour, which will be built alongside a new police station. The courthouse will include four courtrooms, facilities for the legal profession, victims of crime and for alternative dispute resolution.

The construction of a three-storey courthouse in Armidale is underway. The building, which will cost $15 million to construct, will include a large trial court capable of accommodating up to 15 jurors and a Local Court with a fully glazed secure dock for prisoners.

In Sydney, the Liverpool Courthouse is undergoing a $6.5 million expansion, with the NSW Government increasing the scope of the project to include the construction of an additional courtroom.

“The fifth courtroom at Liverpool will be necessary to meet the needs of a rapidly growing area in south western Sydney,” Mr Smith said.

“The expansion, to be completed in early 2013, will also include improvements to security and better facilities for people with a disability.”

Other major construction projects include:
  • ongoing refurbishment of the Supreme Court at Queens Square in Sydney’s CBD (due for completion in mid 2013)
  • a $1.6 million refurbishment of alternative dispute resolution suites at the King St Courts in Sydney’s CBD (due for completion in September 2012);
  • the completion of a $5.5 million expansion of Taree Courthouse;
  • the completion of a $1.6 million project to refurbish and expand Waverley Courthouse;
  • a new $2.5 million high security courtroom at the Downing Centre to accommodate trials involving multiple defendants (to be completed this month):
  • a $1 million upgrade of facilities at Port Macquarie Courthouse (to be completed by 30 June 2012) with further work planned next financial year;
  • a $400,000 upgrade of Queanbeyan Courthouse (additional funds will be allocated to repair damage caused by recent flooding) and
  • a $300,000 refurbishment of Milton Courthouse (to be completed in May);
Mr Smith said many of Australia’s best performing courts operate in NSW and the new facilities will help to improve the efficiency of this state’s justice system.

“The construction projects will also generate a significant number of jobs and stimulate the economy,” Mr Smith said.


New judge welcomed to the Supreme Court [PDF, 100kb]
Issued: Tuesday, 17 April 2012

The NSW Attorney General, Greg Smith SC, today announced the appointment of Stephen Campbell SC, as a judge of the Supreme Court of NSW.

“Mr Campbell is an experienced senior counsel who has a strong background in personal injuries law and insurance law,” Mr Smith said.

“This extensive background includes industrial accidents, motor accidents, and liability insurance matters.”

Mr Campbell is currently the Chair of the New South Wales Bar Association Common Law Committee. Mr Campbell is also a Member of the Law Council of Australia’s Personal Injuries and Compensation Committee.

“Since taking Silk in October 2002, Mr Campbell has continued to practice law in his chosen field, focusing on larger and more complex cases,” Mr Smith said.

Mr Campbell was called to the NSW Bar in November 1985 and was appointed to Senior Counsel in October 2002.

Mr Campbell will take up his new role as a judge of the Supreme Court in the Common Law Division from 30 April and will be sworn in on 2 May 2012.

“I congratulate Mr Campbell on his appointment and wish him every success as a judge of the Supreme Court of NSW,” Mr Smith said.


New President for the Children's Court of NSW [PDF, 307kb]
Issued: Friday, 13 April 2012

The NSW Attorney General, Greg Smith SC, today announced the appointment of District Court Judge Peter Johnstone as President of the Children’s Court of NSW.

“Aside from being a well respected member of the judiciary, Judge Johnstone has occupied a number of important legal management positions,” Mr Smith said.

“His experience as a leader will prove valuable in his new role as the head of the Children’s Court,” Mr Smith said.

Judge Johnstone has served on the bench of the District Court since 2006. He has also served as a Deputy Chair of the Medical Tribunal since 2008 and as a part-time Commissioner of the NSW Law Reform Commission since 2010.

“As a judge, he has sat in the criminal and civil jurisdictions of the District Court, in the Medical Tribunal and has presided over a significant number of child care appeals from the Children’s Court,” Mr Smith said.

Prior to taking public office, Judge Johnstone worked as a solicitor for 33 years. He held a number of senior positions at Blake Dawson Waldron including National Chief Operating Partner and Managing Partner of the law firm’s Sydney and Melbourne offices.

Judge Johnstone will begin a five year appointment as President of the Children’s Court on 1 June 2012. He replaces Judge Mark Marien, who will return to the District Court.

“I congratulate Judge Johnstone on his appointment and thank Judge Marien for his significant contribution as the state’s first president of the Children’s Court,” Mr Smith said.


Justice Hoeben to join the Court of Appeal [PDF, 91kb]
Issued: Friday, 13 April 2012

The NSW Attorney General, Greg Smith SC, today announced the appointment of Justice Clifton Hoeben, AM, RFD, as a Judge of Appeal.

“I congratulate Justice Hoeben on his elevation to the Court of Appeal after serving with distinction for eight years on the bench of the Supreme Court of NSW,” Mr Smith said.

Prior to joining the Supreme Court, Justice Hoeben practised as a barrister for 28 years and as a solicitor for three years. As a barrister, he developed a large appellate practice, specialising in compensation, personal injury, administrative, commercial and insurance law. He was appointed Senior Counsel in 1995.

While working in private practice, Justice Hoeben served as a member of the Bar Council for five years and was chairman of a Bar Council professional conduct committee.

Justice Hoeben holds a Bachelor of Arts, a Bachelor of Laws and a Master of Laws from the University of Sydney and was awarded all three degrees with honours.

In parallel with his legal career, Justice Hoeben has been a member of the Australian Army Reserve. He enlisted in 1965 as a private soldier, was awarded the Reserve Force Decoration (RFD) in 1980 and was made a Member of the Order of Australia (AM) for services to the Australian Army in 1996. In the following year, he was promoted to the position of Major General.

Justice Hoeben will begin serving as a Judge of Appeal on 23 April 2012.


States take aim at cost of people smugglers [PDF, 481kb]
Issued: Thursday, 12 April 2012

Australia’s four largest states have called on the Federal Government to help pay for the cost of a failed policy on border protection that has put a huge strain on courts and jails across the nation.

NSW, Victoria, Queensland and Western Australia will tell Commonwealth Attorney General Nicola Roxon that the funding agreement for Federal trials needs to be rewritten because the flow of illegal entry vessels shows no signs of slowing.

In February, there were 192 crew members before State and Territory courts for alleged people smuggling. NSW, Queensland and Victoria all expect to run about 60 trials this year, with WA budgeting for 30 after years of shouldering the entire burden.

There is also the cost of keeping about 300 convicted and alleged people smugglers in the nation’s jails at an average of $289 per day. This equates to about $315,000 per convicted people smuggler if they serve the mandatory three-year minimum non-parole period.

The NSW Attorney General, Greg Smith SC, estimated his State would spend more than $10 million this year on trying and jailing people smugglers.

“The States are losing out and the Commonwealth is basically ignoring us,’’ Mr Smith said.

“These amounts are significant for the States. And this is money we would not be spending but for a change in policy by the federal Labor Government.”

The Victorian Attorney General, Robert Clark, said litigants were now facing six-month delays in the County Court and that, like others, his state had becoming a dumping ground for people smugglers.

“The Commonwealth is shirking its responsibility,” Mr Clark said.

“These crimes were committed thousands of kilometres away from Victoria. We don’t mind paying when an accused lives in this state or the crime was committed here, but not for matters which are entirely the Commonwealth’s responsibility.”

The Queensland Attorney General, Jarrod Bleijie, said Queensland taxpayers should not have to foot the bill for Federal Labor’s ineffective border security policies.

“We have 56 people smuggling crews awaiting prosecution in Queensland and at a cost of approximately $500,000 per individual, including the cost of the trial, sentencing and custody, that is a $28 million dollar hit to Queensland taxpayers,” Mr Bleijie said.

The Attorney General of Western Australia, Christian Porter, said his state “had gone from a position of conducting almost all Australia's people smuggling trials to now conducting about 38 per cent of them”.

“This is an improvement but it is still too high,” Mr Porter said.

“This issue will really only be solved by some indication from the Federal Labor government that if the arrivals keep occurring and the trials and prisoner numbers grow that they will start making some real financial contribution to the States.”


NSW presses for national action on organised crime [PDF, 84kb]
Issued: Thursday, 12 April 2012

NSW would welcome the Commonwealth Government becoming more involved in the fight against organised crime and firearms, Attorney General Greg Smith SC and Police Minister Mike Gallacher said today.

Mr Gallacher is calling for an urgent meeting of the Standing Council for Police and Emergency Management to discuss ways of combatting firearm-related crime across Australia.

And Mr Smith said NSW would be “seeking agreement from all to maximise the effort against organised crime” when Federal and State Attorneys General start a two-day meeting in Canberra this afternoon.

“There should be mutual recognition of each other’s legislation and orders made in one State should be recognised in another,’’ the Attorney General said.

“These are criminals that do not respect borders and are ruthless in exploiting weaknesses, so it’s up to all of us to ensure there are none.”

Mr Smith said there was a limit to what the States could achieve through co-operation.

“We would like the Commonwealth to be more involved and look at drawing up national laws against outlaw gangs,’’ he said.

“However, we would be very reluctant to surrender our own powers.’’

Mr Gallacher said NSW did not want to wait until the next meeting of State and Federal police ministers, which has been scheduled for August in Sydney.

“I am asking the Federal Government to support the meeting being held at the earliest possible time, rather than waiting another four months,” he said.

Mr Gallacher said the meeting should be provided with a briefing on the illegal gun market and its links to gang activity in Australia by the recently announced Australian Crime Commission National Intelligence Assessment.

The Minister said NSW police had already stopped a major shipment of guns from Germany, with the help of federal authorities.

“It is in the interests of all states and the Federal Government that a national approach is taken to stop the illegal importation of firearms, and to organised crime in general.”


People smuggling cost burden hits states [PDF, 188kb]
Issued: Saturday, 7 April 2012

The NSW Attorney General, Greg Smith SC, today called on the Federal Government to help meet the cost of people smuggling trials that are clogging courts and jails across Australia.

Mr Smith said NSW and the other States and Territories would press the Commonwealth over the issue when the nation’s Attorneys General meet in Canberra next week.

By February, NSW had spent more than $8.5million on 102 inmates held on remand or in custody for people smuggling. And with 60 trials expected this year at a cost of more than $5 million, the burden on State taxpayers is set to blow out dramatically.

“It is unreasonable to expect the States and Territories to bear the costs of running people smuggling trials and imprisoning offenders for crimes that generally occurred well outside of their jurisdiction,” Mr Smith said.

”While the Commonwealth spent more than $1.7 billion on combating people smuggling in 2010-11, it has not shared any of that money with the States and Territories for the trials that follow."

Mr Smith said the delays caused by people smuggling trials could adversely affect the rights of victims and defendants in other prosecutions.

The Attorney General noted that people smugglers face a mandatory sentence of five years in jail with three years’ non-parole.

“The NSW Government is in favour of coming down hard on offenders who trade on the desperation of asylum seekers, but this regime results in a high proportion of cases progressing to trial and jail terms of three years and more,’’ he said.

In NSW, the average people smuggling trial takes 11 days at an estimated cost of $85,000. This includes the cost of a jury, which is a requirement in all Commonwealth trials. The State expects there will continue to be 60 trials per year – most involving multiple defendants – at an annual cost to taxpayers of more than $5 million.

Between 2008 and 2010 the District Court held an average of 70 Commonwealth trials, a figure expected to rise more than 85 per cent in 2012.

At February 1, the cost of accommodating the 102 inmates transferred by the Commonwealth to NSW was approximately $8.5 million. Those inmates spent a total of 29,190 days in custody. Across Australia, the average cost of keeping a people smuggler in custody is estimated to be $315,000*.

Traditionally people accused of Commonwealth offences are prosecuted in the state or territory where the offence occurred. As people smuggling offences are committed offshore, the Commonwealth has discretion in choosing the venue for prosecution ­– but no obligation to meet the cost.

Since mid-2010, the Commonwealth has made significant operational changes to the way people smugglers are prosecuted so that trials now occur in all States and Territories.

In February, there were 192 crew members before State and Territory courts for alleged people smuggling. A Senate Committee heard in February that it takes an average 161 days for someone held in detention to be charged with people smuggling offences.

* According to the Report on Government Services 2012, the national average cost per prisoner per day was $289, equating to approximately $315,000 per convicted people smuggler if a three-year minimum non-parole period is served.


New judge welcomed to the District Court [PDF, 95kb]
Issued: Thursday, 5 April 2012

The NSW Attorney General, Greg Smith SC, today announced the appointment of Philip Taylor SC as a judge of the District Court of NSW.

“Mr Taylor is an experienced senior counsel who has appeared in a wide range of legal proceedings at trial and on appeal in superior courts in Australia, and has assisted in significant inquiries in NSW and the ACT,” Mr Smith said.

His legal career includes 24 years as a barrister and nine years as a Senior Counsel, after earlier working with the Constitutional Commission and with the NSW Solicitor-General.

Mr Taylor has practised principally in commercial litigation, but has appeared in a broad range of matters of public interest. He was counsel for former politician Franca Arena in the NSW Legislative Council Inquiry into her conduct and appeared for the president of the Legislative Council in proceedings against a former treasurer.

Mr Taylor has appeared in various constitutional proceedings, including for the Commonwealth against the Tent Embassy and for irrigation farmers against the Commonwealth. He has appeared in environmental litigation, including for an Islamic college against Bankstown Airport. He also represented orphans in a class action in proceedings against the Christian Brothers of Western Australia.

He also acted as Counsel Assisting the Inquiry commissioned by the ACT Legislative Assembly concerning an arrangement between the ACT TAB and a Vanuatu betting company.

Mr Taylor holds a Bachelor of Laws (with honours) and Bachelor of Arts from the Australian National University where he was awarded the University Medal in Law in 1984.

Mr Taylor was born and raised in country NSW, in the Riverina town of Finley. He and his wife Lee have four children and five grandchildren.

Mr Taylor will be sworn in as a District Court judge on 18 April 2012.


Time capsule unearthed at Liverpool court [PDF, 282kb]
Issued: Thursday, 5 April 2012

Builders working on the $6.5 million renovation of Liverpool Courthouse have unearthed a
40-year-old time capsule, the NSW Attorney General, Greg Smith SC, and Member for Menai Melanie Gibbons announced today.

The time capsule was buried on 18 December 1972 as part of a ceremony to commemorate the opening of the courthouse and the centenary of Local Government. According to a plaque, the time capsule is not to be opened until “the sesquicentenary of Local Government in 2022AD.”

“It is intriguing to ponder what might have been included in the capsule in 1972 – a time when Australia was undergoing significant changes,” Mr Smith said.

”It was the year conscription ended and our troops were withdrawn from the Vietnam War and the Commonwealth Conciliation and Arbitration Commission ruled that women doing the same job as men had the right to be paid the same wage.”

The 1972 ceremony at Liverpool Courthouse attracted a host of dignitaries, including the then Justice Minister, John Maddison, whose contribution to law in NSW was so significant that one of Sydney’s largest court complexes, John Maddison Tower, was named in his honour.

Ms Gibbons said the time capsule had to be dug up this month to enable the construction of a ramp at the entrance to Liverpool Courthouse.

“The expansion of Liverpool Courthouse is not just delivering better justice facilities for the future, it is also preserving an important piece of local history,” Ms Gibbons said.

“The time capsule will remain on the court grounds and will be reburied in an area that will be easily accessible in 2022, when it is due to be opened.”

The largest ever renovation of Liverpool Courthouse began in February. The project will increase the size of the building and will include:
  • the construction of an additional courtroom;
  • additional interview and meeting rooms;
  • improvements to holding cells and general courthouse security;
  • an air conditioning upgrade; and
  • improvements to accessibility for people with a disability.
The courthouse is due to re-open early next year. During the renovation, Liverpool court matters are being diverted to courts in Bankstown and Campbelltown.


Video link expansion to make courts safer [PDF, 43k]
Issue: Friday, 30 March 2012

The NSW Attorney General, Greg Smith SC, today announced an expansion of the NSW justice system’s video conferencing network as new figures show usage of the facilities has almost tripled in five years.

“Video conferencing is increasingly being used to hear prisoner bail applications, which reduces the need to transport inmates to court and improves the safety and efficiency of the justice system,” Mr Smith said.

“More than 61,000 video-link sessions were conducted in NSW justice facilities in 2010-2011, saving taxpayers millions of dollars.”

By the end of June, videoconferencing will be operating at 309 courts, correctional centres and other justice agency sites.

Courthouses receiving installations or upgrades of videoconferencing and remote witness technology include:
  • Parramatta Local Court, Children’s Court and Sydney West Trial Courts ($721,000);
  • Campbelltown Local Court and Children’s Court ($350,000);
  • Burwood ($116,000);
  • Wentworth ($11,000);
  • Deniliquin ($30,000); and
  • Wellington ($40,000).
A further 35 courthouses will receive minor audio-visual technology upgrades, at a total cost of $150,000.

The Local Court conducts more videoconferencing sessions than any other jurisdiction, utilising the technology for matters involving defendants on remand and to hear evidence from witnesses unable to attend court.

“For nine consecutive years, the Local Court has led the nation in the timely finalisation of criminal matters and I have no doubt that the use of videoconferencing has contributed significantly to this outstanding result,” Mr Smith said.


Daylight savings ends on Sunday [PDF, 42kb]
Issued: Friday, 30 March 2012

Daylight saving ends at 3am on Sunday and the NSW Attorney General, Greg Smith SC, today reminded NSW residents to put their clocks back by one hour before going to bed on Saturday night.

Daylight saving is held from the first Sunday in October until the first Sunday in April in all Australian states and territories except Queensland, Western Australia and the Northern Territory where daylight saving is not observed.

A daylight saving fact sheet is available at www.lawlink.nsw.gov.au/cru and daylight saving dates can also be accessed by calling (02) 8688 7966.


Early finish for Inverell Court upgrade [PDF, 107kb]
Issued: Friday, 23 March 2012

The NSW Attorney General, Greg Smith SC, today announced the completion of a $90,000 facelift of Inverell Courthouse.

“The courthouse upgrade was completed this week, ahead of schedule, and included additional improvements that were not part of the original scope of the project,” Mr Smith said.

Improvements to the courthouse include:
  • full refurbishment of toilet facilities;
  • repairs to timber steps in the courtroom;
  • repainting of part of the courtroom;
  • repairing and strengthening of timber floors;
  • replacement of the external drainage system; and
  • rectification work in areas where leaking had occurred.
While the initial plan was confined to a $50,000 repair of the court’s public amenities, the NSW Government allocated an additional $40,000 for other important maintenance work.

“The Inverell Courthouse is 125 years old and it was showing signs of wear and tear,” Mr Smith said.

“The improvements will help ensure that the courthouse remains a centre of law and justice as well as an important landmark in the town’s civic precinct.”

The Inverell Courthouse was among the 130 courthouses designed by celebrated colonial architect James Barnet. The building is heritage listed and recognised by the Office of Environment and Heritage as “an impressive example of Victorian Italianate architecture”.


Naden to be held in Supermax [PDF, 86kb]
Issued: Thursday, 22 March 2012

NSW’s most wanted man, Malcolm Naden, will be held in maximum security as he awaits trial on multiple charges, including for murder, Attorney General Greg Smith SC said today.

Mr Smith said Naden was refused bail when he appeared in Taree Local Court today and then handed over to Correctives Services officers for the journey to Goulburn Correctional Centre.

There he will be held in the High Risk Management Correctional Centre – known as Supermax – where he will be closely monitored around the clock.

Naden made no application for bail and no statement of facts was tendered. He will again appear in Taree Local Court via audio visual link on April 24.

Naden has been charged with one count of murder, one count of shooting at with intent to murder and two counts of aggravated indecent assault.

Police advised the court that further charges are likely to be laid.

Mr Smith said the Police should be congratulated for apprehending Naden.

“This was an operation which required patience, skill and determination,’’ Mr Smith said.

“The community can be assured that Naden will now face court on some very serious charges.’’


Money scams the focus of Fraud Week [PDF, 114kb]
Issued: Monday, 19 March 2012

The NSW Attorney General, Greg Smith SC, today urged the community to be more vigilant about protecting private information, such as banking passwords and personal identification numbers.

A “Slam Scams” campaign is the focus of National Consumer Fraud Week (19-25 March). It encourages people to ignore suspicious emails, letters, house visits, phone calls or mobile phone text messages.

“As technology is advancing, so too is the sophistication of scams,” Mr Smith said.

“Fraudsters frequently use websites that look very professional and allow them to pose as a trustworthy person or organisation. It’s a slick way of convincing people to disclose their personal financial details.”

The number of scams reported to the Australian Competition and Consumer Commission almost doubled in 2011, with the ACCC receiving more than 83,000 reports from consumers and small businesses.

“The old saying applies: if an unsolicited offer sounds too good to be true, it probably is,” Mr Smith said.

The Fair Trading Minister, Anthony Roberts, said scams were becoming increasingly sophisticated as criminals sought to capitalise on new technology.

“Scammers typically seek to target the most vulnerable consumers, but the variety and volume of scams mean that everyone is at risk,’’ Mr Roberts said.

“It is important that we all work together to raise awareness and make it as difficult as possible for criminals to steal people’s money through scams.”

The Attorney General said people should take simple precautions when entering their personal identification number (PIN) or password.

“I can’t stress enough the importance of keeping your PIN and banking passwords a secret,’’ Mr Smith said.

“Make sure there is no one looking over your shoulder when you do your online banking and cover your hand when entering your PIN at an ATM.”

Mr Smith said locking mobile phones and protecting passwords was another way of guarding against fraud.

“A smart phone contains a treasure trove of personal information that could be exploited if it falls into the wrong hands,” Mr Smith said.

“Smart phone users should also be careful when downloading apps and should consider installing security software from a reputable provider.”

The Department of Attorney General and Justice is a Principal Partner of National Fraud Week, along with a number of government, business and community group partners. The Department is supporting National Consumer Fraud Week through an online campaign to educate consumers about payment fraud.

For more information about the various types of payment fraud, as well as tips on how to lessen the chances of becoming a victim, go to: www.crimeprevention.nsw.gov.au.


Flooding at Hay
Issued: Friday, 16 March 2012

Due to an evacuation order for the Hay town area, the Hay registry is closed until Monday 19 March 2012. Court sittings are not scheduled at Hay until April 2012.


Judge Finnane joins Dust Diseases Tribunal [PDF, 284kb]
Issued: Friday, 16 March 2012

The Attorney General, Greg Smith SC, today congratulated District Court judge Michael Finnane QC on his appointment as a judge of the Dust Diseases Tribunal of NSW.

Judge Finnane started duty this morning at the Tribunal’s new complex at John Madison Tower in Sydney’s CBD.

“Judge Finnane has served on the bench of the District Court for more than a decade, sentencing some of the state’s most notorious criminals including the Skaf gang rapists and paedophile Robert ‘Dolly’ Dunn,” Mr Smith said.

“At the Dust Diseases Tribunal, Judge Finnane will be presented with a different set of challenges, as he determines the compensation claims of people who have contracted mesothelioma and other deadly dust-related conditions.”

Judge Finnane’s legal career spans more than 40 years. He was admitted as a barrister in 1969 and appointed a Queens Counsel in 1982. As a barrister, he appeared in many significant inquiries including the:
Royal Commission into Aboriginal Deaths in Custody (appearing for the NSW Government);
  • Wood Royal Commission into the Police Service (as senior counsel for the Police Service);
  • Inquiry into the conviction of Andrew Kalajzich for the murder of his wife (as senior counsel assisting the inquiry); and the
  • Inquiry into the Glenbrook train disaster (appearing for the NSW Government).
In October 2000, Judge Finnane was appointed to the bench of the District Court where he has remained until he was appointed to the Dust Diseases Tribunal.

Mr Smith said the Dust Diseases Tribunal was entering a new era with the arrival of Judge Finnane and the development of new headquarters at John Madison Tower.

“The Dust Diseases Tribunal’s new facilities include technology that will enable hearings to proceed more efficiently, which is crucial in cases involving people who may only have weeks or days to live,” Mr Smith said.

The technology enables witness testimony (including evidence given via audio-visual link) to be digitally recorded, while X-rays and MRI scans can be displayed in high definition on large LCD screens. Each of the four courtrooms also features infra-red hearing aid technology and three have oversized witness boxes to enable experts to take the stand simultaneously.


Leading crime silk appointed District Court Judge [PDF, 259kb]
Issued: Thursday, 15 March 2012

The NSW Attorney General, Greg Smith SC, today announced the appointment of Chris Hoy SC, as a judge of the District Court of NSW.

“Mr Hoy is an experienced, versatile and highly sought after barrister and I am sure the District Court will welcome his addition to the bench,” Mr Smith said.

Mr Hoy has appeared at both ends of the bar table in every criminal court in NSW. He helped prosecute former assistant tax commissioner Nick Petroulias and represented defendants charged with the murder of Cabramatta MP John Newman.

His criminal law practice has overlapped in a number of significant administrative law matters. He was part of a legal team that appeared in the Federal Court of Australia seeking the release and repatriation of the then Guantanamo Bay detainee David Hicks.

Mr Hoy has also served as counsel assisting at inquiries conducted by the NSW Police Integrity Commission, various Federal agencies and the NSW Coroner’s Court.

He has assisted Coroners in more than a dozen high profile inquiries in NSW including the inquest into the death of a baby girl whose parents failed to obtain proper medical treatment for her chronic eczema. In the Northern Territory, Mr Hoy assisted the Coroner at an inquest into the starvation death of a neglected seven-week-old boy whose body was found in a car outside a petrol station.

Mr Hoy has also maintained a common law practice, representing defendants and plaintiffs in medical and professional negligence cases.

He has made a significant pro bono contribution to the community and has had a long-standing involvement in the NSW Bar Association reader education programs, Continuing Legal Education (CLE) lectures and professional conduct committees.

Mr Hoy began his career in the law in 1975 in country NSW working as a clerk within what was then known as the Courts of Petty Sessions. After being admitted as a solicitor in 1985, he moved to private practice in Penrith. He was called to the Bar in 1989 and was appointed Senior Counsel in 2008.

He will be sworn in as a judge of the District Court of NSW on 16 April 2012.


NSW Government helps councils to combat graffiti [PDF, 95kb]
Issued: Wednesday, 14 March 2012

The NSW Attorney General, Greg Smith SC, today announced $800,000 in funding to help councils in Sydney, the Hunter region, the Central Coast and the South Coast to combat graffiti through clever environmental design.

The seven councils selected for this year’s Graffiti Hotspot program are Bankstown, Leichhardt, Liverpool, Marrickville, Maitland, Shoalhaven and Wyong.

“Using Crime Prevention Through Environmental Design techniques, the Graffiti Hotspot program will make vulnerable public areas safer, more attractive to the community and more resistant to graffiti,” Mr Smith said.

“Changes to the urban landscape can render frequently targeted walls inaccessible to graffiti vandals or increase the likelihood of offenders being caught in the act.”

While each program will be tailored to meet the challenges of the local community, the anti-graffiti techniques used may include:
  • Green Screening – using landscaping to act as a natural barrier to protect walls from graffiti;
  • surface treatments – applying an anti-graffiti coating to walls to facilitate the fast removal of spray paint;
  • signs to encourage the community to respect community facilities; and
  • the installation of community-based art.
Mr Smith said members of the community would also play a key role in reducing graffiti.

“Some people have become reluctant to visit graffiti-damaged public areas, such as parks, because they feel unsafe.

“The Graffiti Hotspot program will encourage public use of these areas, which will increase natural surveillance and make it harder for graffiti vandals to avoid detection,” Mr Smith said.

Mr Smith said the program was part of the NSW Government’s comprehensive anti-graffiti strategy.

“Graffiti costs the community more than $100 million a year and combating this scourge is among the O’Farrell Government’s highest priorities.

“The NSW Government is working with a range of community organisations such as Rotary Clubs to establish volunteer graffiti removal squads across the state.

“With the support of local councils, the government will also hold its annual day for community action against graffiti.

“I encourage the community to report graffiti to the government’s new Graffiti Hotline on 1800 707 125,” Mr Smith said.


The effect of arrest and imprisonment on crime [PDF, 1.1Mb]
Issued: Tuesday, 13 March 2012

Increasing the risk of arrest and the probability of imprisonment are much more effective in preventing property and violent crime than increasing the length of prison terms, according to a new study of the effectiveness of the criminal justice system in controlling crime, released today by the NSW Bureau of Crime Statistics and Research.

The study is one of the most comprehensive ever carried out in Australia into the effectiveness of the criminal justice system in controlling crime.

It examined the effect of changes in the probability of arrest, the probability of imprisonment and the length of the average prison term on trends in property and violent crime across every Local Government Area (LGA) in NSW between 1996 and 2008.

Special measures were taken to control for other factors that influence crime, such as household income and drug use. The study also controlled for the effect of crime on the criminal justice system.

The Bureau found that a 10 per cent increase in the risk of arrest in the long run produces a 1.35 per cent reduction in property crime, while a 10 per cent increase in the imprisonment risk produces a 1.15 per cent reduction in property crime.

Similarly, in the long run, a 10 per cent increase in the risk of arrest for violent crime produces a 2.97 per cent reduction in violent crime, while a 10 per cent increase in the risk of imprisonment produces a 1.7 per cent reduction in violent crime.

Although increasing the risk of arrest appears to exert a stronger effect on property and violent crime than increasing the risk of imprisonment, the differences were not found to be statistically significant. Arrest and imprisonment, however, were found to exert significantly stronger effects on violent crime than on property crime.

A 10 per cent increase in the risk of arrest in the long run produces a 2.97 per cent reduction in violent crime, compared with a fall of only 1.35 per cent reduction in property crime.

Similarly, a 10 per cent increase in the imprisonment risk reduces violent crime by 1.7 per cent compared with a 1.2 per cent reduction in property crime.

The stronger effect for violent crime may be at least partly due to the higher risk of arrest for violent crime relative to property crime. The 30 day clear-up rate for non-domestic assault, for example, is 21.7 per cent, compared with 3.7 per cent for burglary.

Interestingly, the study found that household income exerted a much stronger effect on crime than the criminal justice system.

A 10 per cent increase in household income was estimated to produce an 18.9 per cent reduction in property crime over the long term and a 14.6 per cent reduction in violent crime. The effect of income on property crime is more than 14 times larger than the effect of arrest, while its effect on violent crime is nearly five times larger.

Commenting on the findings, the Director of the Bureau, Dr Don Weatherburn, said that they were very reassuring given that Australia currently spends more than $11.5 billion annually on law and order. In per capita terms, this amounts to $511.00 per person per annum.

“At the same time, it is important to bear in mind that the study did not examine the cost-effectiveness of current policy in controlling crime.”

“Overseas research suggests that it is possible in some circumstances to cut crime and spend less doing it than we currently spend locking people up. The NSW Drug Court is a good example.”

Further enquiries: Dr Don Weatherburn, 9231 9190


Drink drivers on notice after sentencing report [PDF, 91kb]
Issued: Monday, 12 March 2012

Good behaviour licences should be considered for those who are found guilty of drink-driving but receive no other penalty, according to a report by the NSW Sentencing Council.

The Attorney General, Greg Smith SC, said the report on good behaviour bonds and non-conviction orders, released today, found the courts were coming down harder than ever on drunk drivers but magistrates needed more flexibility in sentencing.

“Good behaviour licence conditions could be imposed on drink drivers in cases where not recording a conviction would be too lenient, but a conviction with a disqualification would be too severe,” Mr Smith said.

“This is a proposal squarely aimed at those drink drivers currently walking away from court with no conviction and their licenses intact. This report puts drink drivers on notice and its recommendations will be closely considered by the Government.”

Currently, those convicted of drink driving can be disqualified from getting behind the wheel for up to five years and be jailed for up to two years, while those given a “Section 10” retain their licence and receive no additional restrictions.

Mr Smith said the Sentencing Council believed good behaviour licences could reduce the number of Section 10s in drink-driving cases.

However, the report notes mid-range drink drivers, who can be jailed for up to nine months for a first offence, would rarely qualify for good behaviour licences.
The Attorney General said Transport NSW and police would be involved in assessing the viability of the proposal and that he welcomed community input.

Mr Smith said the report served as a timely reminder to motorists.

“One sure way to avoid a conviction is to avoid driving altogether after consuming alcohol,” Mr Smith said.

“The Sentencing Council report demonstrates that the courts are coming down harder on drunk drivers and a conviction against your name could have a serious impact on your employment prospects.”


Flooding at Narrandera
Issued: Friday, 9 March 2012

Due to flooding, road closures and an evacuation warning, the Narrandera registry has now closed for the day.

Court sittings are not scheduled at Narrandera until 22 and 23 March 2012.


Leeton Court sittings cancelled for today
Issued: Friday, 9 March 2012

Due to flooding at Leeton, the Court Sittings for Friday 9 March 2012 are cancelled. All cases will be re-listed to another date.


NSW Government backs certainty for asbestos victims [PDF, 250kb]
Issued: Thursday, 8 March 2012

The NSW Government is committed to maintaining the agreement between James Hardie and the NSW Government, which has created certainty for asbestos victims and their families.

The Government will not put into jeopardy the entitlements of asbestos sufferers by acting prematurely.

The following passages from the NSW Law Reform Commission’s report on compensation to relatives in dust diseases cases underline why this approach is the correct one.

As a general proposition, it is undesirable that any government take action that would involve it in a breach of an agreement to which it is a party, unless there is a good cause for doing so. Clearly this is an issue on which it would need to take legal advice and engage in negotiations with James Hardie (Para 2.111).

The considerations of cost and commercial certainty identified earlier are important, but ultimately their weight depends on whether abolition of the Strikwerda principle would generate any significant increase in filings or in the costs of claims. Our general impression is that it would not do so, although this could only be confirmed by actuarial prediction, that we are not in a position to make...[It] is acknowledged that before taking legislative action, it would be prudent for the Government to procure an independent actuarial assessment (Para 2.115-2.117).


New District Court Judge for Newcastle [PDF, 199kb]
Issued: Wednesday, 7 March 2012

The Attorney General, Greg Smith SC, today announced the appointment of Peter Maiden SC as a judge of the District Court of NSW.

“Mr Maiden will be initially based in Parramatta before being transferred to Newcastle to occupy the position previously held by the late District Court judge Ralph Coolahan,” Mr Smith said.

Mr Smith said Mr Maiden has a comprehensive knowledge of the law having practised in a wide range of areas over the past 38 years.

In criminal law, he has acted for the prosecution and defence in jury trials, sentence hearings and appeals. In the civil jurisdiction, he has appeared in matters involving personal injury, family law, wills and property relationships.

While his practice is based in Sydney, Mr Maiden has also worked extensively in northern NSW. In addition, he has practised as a solicitor in Penrith and England and as a barrister in trials and appeals in Fiji.

Mr Maiden defended Fiji’s former prime minister Major-General Sitiveni Rabuka and politician Ratu Inoke Taviekata against charges of inciting mutiny.

He has also served as a councillor of the NSW Bar Association, working on education, finance and disciplinary matters.

Mr Maiden was admitted as a solicitor in 1974 and became a barrister in 1981. He was appointed as a Senior Counsel in 2006.

He will be sworn in as a judge of the District Court on 12 March 2012.


Forbes Courthouse closure due to flooding
Issued: Wednesday, 7 March 2012

Forbes Courthouse is closed on 7, 8 and 9 March 2012 due to flooding in the Forbes CBD. There are no court sittings at Forbes during this period.


Wagga Wagga flooding – cancelled sittings and listing arrangements for affected cases
Issued: Tuesday, 6 March 2012

Due to severe flooding, the court sittings at Wagga Wagga Local Court and District Court for Tuesday 6 March 2012 and Wednesday 7 March 2012 have been cancelled. All cases listed on these dates have been re-listed as follows:

Cases listed on 6 March 2012
Persons in custody - re-listed to Thursday 8 March 2012.

All other Local Court cases – all are re-listed on Tuesday 13 March 2012. Where applicable, bail is continued until that date and interim orders are continued until that date.

District Court trial of R v Neville – re-listed to Thursday 8 March 2012.

All other District Court cases – re-listed to Thursday 8 March 2012. Where applicable, bail is continued until that date and interim orders are continued until that date.

Updated information is available via the Online Court Lists.

Cases listed on 7 March 2012
Persons in custody - re-listed to Thursday 8 March 2012.

Cases listed for hearing – re-listed to Wednesday 21 March 2012 for a fresh hearing date to be allocated. Where applicable, bail is continued until that date and interim orders are continued until that date.

All other Local Court cases – all are re-listed on Wednesday 21 March 2012. Where applicable, bail is continued until that date and interim orders are continued until that date.

District Court trial of R v Neville – re-listed to Thursday 8 March 2012.

All other District Court cases – re-listed to Thursday 8 March 2012. Where applicable, bail is continued until that date and interim orders are continued until that date.

Updated information is available via the Online Court Lists.

District Court Jurors - jurors called for 7 March 2012 are to attend on Thursday 8 March 2012.

Further changes to these arrangements may be required if flooding continues. For urgent inquiries, please contact Albury court on 02 6023 8555.


Wagga Wagga Court closed for today
Issued: Tuesday, 6 March 2012

Wagga Wagga CBD has been evacuated due to flooding and the court will be closed on Tuesday, 6 March 2012.


The Domestic Violence Intervention Court Model: A follow-up study [PDF, 1.7mb]
Issued: Tuesday, 6 March 2012

A program designed to improve the response of the criminal justice system to cases involving domestic violence has had mixed success, according to a new report released today by the NSW Bureau of Crime Statistics and Research.

The domestic violence intervention court model (DVICM) sought to improve the criminal justice system’s response to domestic violence by improving police evidence gathering in relation to domestic violence, improving the efficiency of the court response to matters of domestic violence, providing greater support to victims of domestic violence and improving the management of domestic violence offenders.

An earlier evaluation of the program at Campbelltown, Macquarie Fields, and Wagga Wagga Local Area Commands found positive support from the program from victims of domestic violence. It also found some improvements in the police and court response to cases of domestic violence.

There was no change, however, in the number of suspected offenders who were charged, the proportion of those charged who pleaded guilty or the time taken to finalize domestic violence cases in the courts. Nor was there any increase in the proportion of offenders placed under some form of supervision.

This first evaluation only had a short follow up period (18mths) and this may have hampered efforts to examine the full effect of the program. The primary aim of the current study was to examine whether domestic violence police and court outcomes have changed over a longer follow-up period (54 months).

The results of the current evaluation show that the DVICM increased the proportion of persons of interest charged in Macquarie Fields but not in Campbelltown or Wagga Wagga Local Area Commands.

They also show that the DVICM reduced the time taken to finalize domestic violence matters in Campbelltown and Wagga Wagga Local Courts.

However the program did not affect the proportion of matters finalized on a plea of guilty; the proportion of matters finalized on a dismissal; the proportion of offenders imprisoned or placed under supervision.

Further enquiries: Dr Don Weatherburn 9231-9190



JPs must confirm identity by seeing face [PDF, 95kb]
Issued: Monday, 5 March 2012

People asking Justices of the Peace and lawyers to witness documents will now be required to show their face as part of new identity check laws announced today by the Attorney General, Greg Smith SC.

Mr Smith said a case last year involving a woman who made a complaint about a policeman’s conduct after a routine traffic matter highlighted the need for the rules to be clarified.

The new laws, which come into effect on April 30, will apply to NSW statutory declarations and affidavits and cover anything which conceals a person face – including motorcycle helmets, masks, veils, scarves, niqabs and balaclavas.

Authorised witnesses, such as JPs and lawyers, will now be required to follow three additional steps:

  • see the face of the person making the NSW statutory declaration or affidavit;
  • confirm the person’s identity, and
  • certify on the document that these requirements have been met.
“The laws provide clarity to JPs, legal practitioners and the public about what is required of them, which will reduce the potential for confusion or embarrassment,” Mr Smith said.

“In some situations, it means individuals wearing full and partial face-covering garments will need to reveal their face for the purpose of identification.

“If a person is wearing a face covering, an authorised witness should politely and respectfully ask them to show their face.

“The person would only be required to show their face for as long as it is necessary to establish identity.’’

“If a person refuses to show their face, an authorised witness must decline to sign their documents unless the person has a legitimate medical reason for keeping their face covered.’’

The reforms follow changes to traffic laws, under which a driver who refuses to show their face can be jailed for up to a year or fined $5500.
The Attorney General said the reforms would enshrine in law a practice that many authorised witnesses have routinely undertaken when checking documents for services including land transfers, mortgages, banking and health care.

Authorised witnesses who do not comply with the new requirements face a fine of $220. Details of the requirements will be emailed or posted to every JP this month, and are also available on the JP website, www.jp.nsw.gov.au.

Mr Smith said the more comprehensive identity checks would minimise the risk of fraud and ensure that JPs and other authorised witnesses faced no impediments when performing their duties.

There are around 90,000 JPs in NSW, who provide the service on a voluntary basis.

To find a JP in your area, or to learn how to become a JP, visit: www.jp.nsw.gov.au


Hunter firm wins $2M court contract [PDF, 79kb]
Issued: Thursday, 1 March 2012

A Hunter firm has been awarded a $2 million contract to reinforce the site where the Newcastle Courthouse will be built, the NSW Attorney General, Greg Smith SC, and the Member for Newcastle, Tim Owen, announced today.

“As the ground beneath the Burwood Wedge was once mined, it is necessary to perform stabilisation work in the area before construction of the courthouse can begin,” Mr Smith said.

Bulk Flyash Grout Pty Ltd will carry out the mine rectification work, known as grouting, between March and June.

The $94 million Newcastle Courthouse is being developed adjacent to the Newcastle Council Chambers on the corner of Burwood and Hunter Streets.

Mr Owen said he was delighted with the progress of the Newcastle Courthouse project.

“With the Development Application submitted to council and site preparations advancing rapidly, Newcastle is on course to have a world-class courthouse in just over two years,” Mr Owen said.

“The seven-storey building will be approximately 25 per cent larger than the city’s existing courthouse, featuring 10 technologically advanced courtrooms, two tribunal rooms and an array of facilities for the legal profession, victims of crime and other court users.

“The new complex will also be closer to public transport than the old courthouse and is within walking distance of parking stations.”

Mr Smith said the government will continue to consult the legal profession and justice agencies on the internal layout of the building.

“While the DA has been submitted, there is still work to be done to ensure the final design meets the needs of court users,” Mr Smith said.


Top Silk appointed Supreme Court Judge [PDF, 78kb]
Issued: Thursday, 1 March 2012

The NSW Attorney General, Greg Smith SC, today announced the appointment of Robert Beech-Jones SC as a judge of the Supreme Court of NSW.

“Mr Beech-Jones has enjoyed a distinguished legal career spanning almost a quarter of a century and his elevation to the bench of the Supreme Court is well deserved,”
Mr Smith said.

As a barrister, Mr Beech-Jones has appeared in numerous matters of significance, particularly in the areas of commercial and administrative law, regulatory enforcement and white-collar crime.

Mr Beech-Jones performed the role of counsel assisting at the Royal Commission into the collapse of HIH and at an Independent Commission Against Corruption hearing.

He has repeatedly appeared for the Australian Securities and Investments Commission, including in civil proceedings against former directors of James Hardie.

Mr Beech-Jones represented former PricewaterhouseCoopers partner Christina Rich in one of the largest sexual harassment cases in Australian history and appeared for former Guantanamo Bay detainee Mamdouh Habib in a lawsuit against the Federal Government.

Mr Beech-Jones holds a Bachelor of Laws (Honours) and a Bachelor of Science from the Australian National University (ANU). He was admitted as a solicitor in 1988 and as a barrister in 1992. He was appointed as a Senior Counsel in 2006.

He has also served as a member of the NSW Bar Association’s professional conduct and human rights committees.

Mr Beech-Jones will be sworn in as a judge of the Supreme Court on 12 March 2012.


Hotline to tackle graffiti menace [PDF, 96kb]
Issued: Thursday, 1 March 2012

The NSW Attorney General, Greg Smith SC, today launched a free State-wide hotline for the reporting of graffiti.

“Graffiti is a scourge on our community and the cause of great anger for people who take pride in their surroundings,’’ Mr Smith said

“Until now there has been no single number to notify authorities about graffiti, which has caused confusion and delays in removal.

“From this morning, the NSW Graffiti Hotline will make it easier to report graffiti in NSW, which will result in faster clean ups.”

The hotline (free call 1800 707 125) will operate from 9am to 5pm Monday to Friday, excluding public holidays.

Each Local Government area in NSW has established an email address to receive referrals from the Graffiti Hotline and police will also be given the data.

“Anyone can phone the hotline to report graffiti in NSW and callers can remain anonymous if they are concerned for their privacy and safety,” Mr Smith said.

“After receiving a report, hotline operators will send the information to the Government agency or local council responsible for cleaning it up.”

The O’Farrell Government has also funded clean-up squads run by Rotary and other community groups and is working with local councils on reducing graffiti.

The Graffiti Hotline will provide important statistics on the extent of the graffiti problem and those locations most often under attack.

“Information gathered from the hotline will help police respond to graffiti and assist in the development of innovative programs to prevent this crime,” Mr Smith said.

Mr Smith said the hotline delivered on an election promise and would form a key part of the NSW Government’s strategy to reduce the impact of graffiti on local communities.

“Each year, graffiti attacks cost the state more than $100 million, and State Rail alone spends more than $50 million alone cleaning up trains,’’ Mr Smith said.

“This is money that the government would prefer to be spending on our schools, libraries and roads.

“The perpetrators might like to think of themselves as artists, but they are really vandals who show no respect for other people’s property.

“The rapid removal of unsightly tags will discourage vandals by denying them the notoriety they crave.

“It will also help build community pride and reduce fear of crime.”


Sydney Barrister appointed a District Court Judge [PDF, 43k]
Issued: Wednesday, 29 February 2012

The NSW Attorney General, Greg Smith SC, today announced the appointment of Phillip Mahony SC as a judge of the District Court of NSW.

“Mr Mahony brings 33 years of diverse legal experience to the bench of the District Court,” Mr Smith said.

As a barrister, Mr Mahony has practised extensively in the District and Supreme Courts of NSW, representing defendants in criminal trials and appearing on behalf of plaintiffs and defendants in civil trials.

Mr Mahony has represented both sides in common law proceedings including cases involving professional negligence, industrial accidents and motor vehicle accidents.

He has appeared on behalf of insurers in a range of matters including cases involving allegations of fraud. He has also prosecuted matters for the NSW Bar Association.

While his practice has been based in NSW, Mr Mahony has also appeared in the Supreme Courts of the ACT and Tasmania.

Mr Mahony was admitted as a solicitor in NSW and the ACT in 1979 and achieved partner status at a law firm two years later.

He was admitted as a barrister in 1986 and appointed a Senior Counsel in 2004.

Mr Mahony will be sworn in as a judge of the District Court of NSW on 19 March 2012.


Court Support for Victims under review [PDF, 89kb]
Issued: Tuesday, 28 February 2012

The NSW Attorney General, Greg Smith SC, today announced an independent review of all NSW court support services for victims of crime.

Mr Smith said the review would also examine training, accreditation and the development of minimum standards for support services.
“Many victims are anxious and vulnerable when they come to court and it is vital that they are able to access high-quality support,” Mr Smith said.

“Up to a dozen different government and non-government support services are operating within our courts and many victims are confused about which one will best meet their needs.”

Mr Smith said the review would assess the quality of services available, identify any gaps or duplication and explore ways of improving court support for victims in line with the Charter of Victims’ Rights.
The Vice President of the Victims of Crime Assistance League, Howard Brown, said the review could lead to a fairer distribution of services for victims.

“There is no doubt that some rural areas in NSW are lacking in adequate support services for victims and the review should be able to identify the areas in greatest need,” Mr Brown said.

Mr Brown said he hoped the review would increase public awareness of the services available.

“There are many kinds of support organisations operating in courts across NSW, from the volunteers who provide tea and biscuits to the highly skilled teams that look after victims of specific crimes such as domestic violence or sexual assault,’’ he said.

“We must make sure that victims are aware of the services on offer and increasing co-ordination between services will help ensure that no one falls through the cracks.”

The review will go out to tender and be completed by the end of year.



$6.5 million facelift for Liverpool Court [PDF, 86kb]
Issued: Thursday, 23 February 2012

The NSW Attorney General, Greg Smith SC, today awarded the contract for the $6.5 million expansion of Liverpool Courthouse to a Sydney-based construction business with more than 88 years of experience.

“I am delighted to announce A W Edwards has been appointed to undertake the largest construction project at Liverpool Courthouse since it was built in the 1970s,” Mr Smith said.

“The O’Farrell Government has increased the original scope of the renovations to include the construction of an additional courtroom at Liverpool to accommodate increasing demand for facilities in Sydney’s south-west.

“There will also be new meeting rooms for court users such as prosecutors, Legal Aid, the Aboriginal Legal Service and Corrective Services.”

Other features of the renovations include:
  • additional interview rooms;
  • improvements to security;
  • an upgrade of holding cells;
  • the relocation of the Sheriff’s Office into the main registry;
  • an air conditioning upgrade;
  • better facilities for people with a disability; and
  • improvements to other public facilities.
Liverpool Courthouse has closed for the renovations, with staff being relocated to nearby courts. The building will have five courtrooms operating when it reopens.

“During the project, two additional courts are sitting at Bankstown and one additional court is sitting at Campbelltown to manage Liverpool’s caseload,” Mr Smith said.

“Additional sittings have also been scheduled at Camden Local Court to deal with Liverpool matters.”

The expansion of Liverpool Courthouse will begin on Monday and is due for completion early next year.



NSW shuts name change loophole for criminals [PDF, 162kb]
Issued: Tuesday, 21 February 2012

Murderers, rapists and other dangerous criminals will not be able to change their name if it would allow them to avoid detection, NSW Premier Barry O’Farrell and Attorney General Greg Smith SC announced today.

Under new laws to be introduced to Parliament this week, an “alert list” of serious offenders will be sent to the Registry of Births, Deaths and Marriages (BDM). Applications from these serious offenders to the BDM without the support of supervising authorities will be rejected.

Mr O’Farrell said under existing laws there was nothing to stop a prisoner or parolee from changing their name.

“These new laws give priority to the safety of the community and the rights of victims,’’ Mr O’Farrell said.

“It will now be much harder for serious sex offenders, inmates, parolees and forensic patients to seek a name change.

“While NSW is determined to act on behalf of victims of crime and the community, it is important there is no weak link in Australia that could be exploited by criminals.

“The Attorney General has been pressing this issue for some time at a national level - the onus is now on the other states to follow our lead.”

Mr Smith said prisoners would only be able to apply for a new name if their supervising authority (Corrective Services or the Mental Health Review Tribunal) was satisfied the change was necessary or reasonable and it was unlikely to offend victims and the community.

Inmates and forensic patients will be blocked from submitting any application to the BDM if a name change is reasonably likely to:
  • threaten security; or
  • jeopardise a person’s health or safety; or
  • be used for an unlawful purpose.
Offenders under supervision in the community will be prevented from making an application if there is a reasonable likelihood they would use a new name to avoid being monitored.

The registry will refuse any application made by serious sex offenders, inmates, parolees and forensic patients that hasn’t received the written approval of their supervising authority.

“As a further safeguard, Corrective Services and the Mental Health Review Tribunal will notify BDM of the identity of serious sex offenders, prisoners, parolees and forensic patients,” Mr Smith said.

He said the Standing Committee on Law and Justice had agreed on a better approach to change of name processes in Australia.

“It is welcome that all the other states have now signed up to NSW’s 10-point plan that features a National Proof of Identity Framework.

“I urge my colleagues in other states to introduce these same laws to close any loophole that can be exploited by criminals,” Mr Smith said.


NSW continues to support asbestos victims [PDF, 73kb]
Issued: Friday, 17 February 2012

The Asbestos Injuries Compensation Fund (AICF) has today received $29.7 million in short term loan funding from the New South Wales and Commonwealth Governments.

The funding is being provided under a $320 million loan facility entered into in 2010.

“This funding provides financial stability to the AICF and peace of mind to asbestos victims,” NSW Attorney General, Greg Smith said.

The AICF was established following a 2005 agreement between the NSW Government and James Hardie. The Agreement provides for James Hardie to fund asbestos-related personal injury claims against its former subsidiaries in Australia.

James Hardie’s contributions to AICF under the Funding Agreement to date have been $426 million.

It is expected James Hardie will continue to make asbestos compensation payments under the Funding Agreement for at least the next 34 years. The total amount of funding is expected to be around $1.4 billion.

Although the total amount of funding over the life of the Funding Agreement is not capped, James Hardie’s contributions in any financial year are capped at 35 per cent of its global operating cash flows.

In recent years those cash flows have been impacted by cyclical factors and, in particular, by the unprecedented downturn in the US housing construction market.

The loan ensures that the AICF can continue to pay claims in full, avoiding the need for claims to be rationed and paid in instalments.

The loan does not reduce James Hardie’s obligations under the Funding Agreement.
“The NSW Government will continue to oversee the provision of funding by James Hardie under the Funding Agreement”, Mr Smith said.

“We also reaffirm our commitment to continue to make funding available to the AICF in accordance with the 2010 Loan Facility Agreement.”


First look at new courthouse in Newcastle [PDF, 76kb]
Issued: Friday, 17 February 2012

The development application for the construction of the $94 million Newcastle Courthouse has been submitted to council, Attorney General Greg Smith SC announced today.

“The DA provides a vision for the largest court development in regional NSW since colonial times,” Mr Smith said.

Mr Smith today released four digitally illustrated images of the architect’s design for the building’s façade.

“The building in the pictures will be a reality by 2014 - a fully functional courthouse with at least 10 state-of-the-art courtrooms and a host of facilities for the legal profession, victims of crime and justice agencies,” Mr Smith said.

The courthouse complex will comprise a podium-like structure that will wrap around the intersection of Hunter Street and Burwood Street. The upper levels of the seven-storey building will be set back from the street frontages and boundaries.

A large proportion of the building’s façade will be glass, allowing the complex to be filled with natural light.

“The design will create a welcoming atmosphere in keeping with the NSW Government’s philosophy that the justice system should be open and accessible,” Mr Smith said.

The first stage of construction is set to begin at the Burwood Wedge site in the middle of the year, following the demolition of the derelict New Fred Ash building (scheduled for completion within two months). The first stage will involve mine rectification work and the stabilisation of coal seams beneath the site. The main construction works are expected to start towards the end of 2012.

Thousands of bricks from the New Fred Ash building will be used in the construction of the new courthouse.

“This project is not just about building a future for Newcastle, it is also about acknowledging the city’s history,” Mr Smith said.

The Member for Newcastle, Tim Owen, said the proposed Courthouse facilities were sorely needed.

“The NSW Government allocated funding for the Courthouse development in its first Budget, handed down in September 2011,’’ Mr Owen said.

“It will not only be a vast improvement on existing facilities, but will inject new life into the Newcastle CBD through the development of world-class facilities and create jobs for the region during construction.’’

The Newcastle Lord Mayor, John Tate, welcomed the submission of the DA.

“Development that has the potential to generate local jobs and helps to revitalise the Civic Precinct is definitely worth consideration by the City of Newcastle,” Councillor Tate said.

High-resolution images are available upon request.


NSW bikie laws to be fixed [PDF, 248kb]
Issued: Tuesday, 14 February 2012

The Attorney General, Greg Smith SC, said the NSW Government will today introduce legislation aimed at outlaw motorcycle gangs as part of its tough package to tackle organised crime.

However, Mr Smith said the legislation to repair a key section of the Crimes (Criminal Organisations Control) Act 2009 was only the first step in what must be a national response to the issue.

As foreshadowed late last year, the Act will enable NSW Police to apply to an eligible Supreme Court judge to have a bikie gang declared a criminal organisation and to have control orders imposed which prohibit gang members from associating with each other.

“Importantly, judges will now be required to give reasons for declaring a criminal organisation, which will address a key issue in the High Court decision which struck down NSW bikie laws last year,” Mr Smith said.

“We are fixing the rushed and flawed legislation put in place by the previous Labor Government, which was ultimately struck down by the High Court.”

Mr Smith said the government had examined methods that deal with organised crime across the world and that the new laws on firearms and consorting, announced yesterday, would assist any future application to have a gang declared a criminal organisation in the Supreme Court.

“These are modern laws for modern policing,’’ he said.

“The NSW Government – working with police – will not stand by and let outlaw motorcycle gangs run riot on our streets.

“We will continue to give police the powers and resources they need in their war against criminal organisations.

Mr Smith warned there would be problems with the previous legislation when it was introduced by Labor in April 2009. He told Parliament it was “rushed” and that it may infringe the provisions in the constitution which enshrine judicial independence. The High Court’s ruling reflected the Attorney General’s concerns.

The Attorney General said the requirement for a judge to give reasons should “remove any apparent constitutional impediment to the re-enactment of the laws”. There will also be amendments to cover the provision of confidential information.

“This means the court can take steps to protect information that they consider to be properly classified by the commissioner as criminal intelligence,’’ Mr Smith said.

The Attorney General noted that Western Australia and the Northern Territory had introduced similar legislation, but said more needed to be done on a national level. He said there were continuing discussions with other states and that he hoped the Prime Minister would soon take a more active role – just as the federal Justice Minister, Jason Clare, had done this week on gun crime.

“The recent shooting in South Australia emphasises that bikie gang crime knows no boundaries,’’ Mr Smith said. “The NSW Government will continue to work with other states and territories to ensure these gangs have no place to hide in Australia.”


New laws to tackle drive-by shootings [PDF, 329kb]
Issued: Monday, 13 February 2012

The NSW Government will introduce tough new offences to combat organised crime in further support of police in their war on drive-by shootings, NSW Premier Barry O’Farrell announced today.

“The NSW Government’s package of reforms will make it harder for criminal gangs to engage in planned criminal activity by modernising consorting laws and significantly tightening the laws relating to the sale of ammunition,” Mr O’Farrell said.

“The new laws follow discussions with police on what further resources they need to target the criminals engaging in drive-by shootings – the package builds on the excellent work being undertaken by Operation Spartan and the NSW Crime Commission.

“These new laws will be additional tools in the police armoury to help them protect innocent lives and bring those involved in criminal gangs behind drive-by shootings before the courts.”

Under legislation to be introduced to NSW Parliament this week, the new offences will include:
  • Knowingly benefiting from the activities of a criminal group (maximum jail term: 5 years);
  • Directing the activity of a criminal group (maximum jail term: 10 years);
  • Directing the activating of a criminal enterprise which is planned and organised (maximum jail term: 15 years); and
  • Firing at a dwelling-house as part of an organised criminal activity (maximum jail term: 16 years).

The NSW Government will significantly tighten laws around the sale of ammunition to make it harder for ammunition to fall into the hands of criminals. Firearms laws will be amended to ensure licensed gun owners can only purchase ammunition for the firearms they own.

“In addition to having to show a firearms licence or appropriate permit when purchasing ammunition, purchasers will also now have to demonstrate that they are the registered owner of a firearm that takes the ammunition they are purchasing,” Minister for Police Mike Gallacher said.

“This amendment is designed to make it harder for criminals to obtain ammunition for their criminal activities.

“Firearms dealers will also be required to keep a record of all sales of ammunition.”
In a separate reform, the offence of consorting will be modernised to make it clear that consorting can occur in person or by any other means, including by email and other electronic forms.

“Changes to the consorting laws will also extend to the penalties which will see the maximum term of imprisonment rise from 6 months to 3 years, a fine of $16,500, or both,” Attorney General Greg Smith said.

“The intention of the consorting offence is not to criminalise relationships between individuals, but to prevent people strengthening their ties with underworld gangs.

“The offence will contain exemptions to protect relationships in specified circumstances such as training and professional relationships with legal and medical practitioners,” Mr Smith said.

The Ombudsman will be required to review the consorting offence after two years to ensure it is being used appropriately.

Mr O’Farrell said this package of reforms will complement the great work already being undertaken by NSW Police with Operation Spartan and the NSW Crime Commission.

“The NSW Government - working with police - will use every lever at its disposal to put pressure on those criminals engaging in drive-by shootings and planned criminal activity,” Mr O’Farrell said.

Since its launch in early January, Operation Spartan has been responsible for 68 arrests, resulting in 137 charges and the seizure of 16 firearms. Eight persons have been charged specifically in relation to the drive-by shootings including 5 for ‘discharge of firearm’ offences.


Milton Court gets $300,000 facelift [PDF, 168kb]
Issued: Thursday, 9 February 2012

The heritage-listed Milton Courthouse will receive a $300,000 facelift, the NSW Attorney General, Greg Smith SC, announced today.

“The Milton Courthouse has been operating since the late 1800s and this project will ensure it continues to serve the community well for many years to come,” Mr Smith said.

The project will include:
  • replacement of the roof and guttering;
  • repainting the interior and exterior of the building;
  • a new courtroom air conditioning system;
  • repairs to the building fabric including stitching of settling cracks; and
  • new carpet.
The courthouse will close tomorrow, with the repairs and refurbishment project expected to take 14 weeks. During the construction period, Milton’s court list and registry operations will be transferred to Nowra Courthouse.

“The NSW Government is delighted to be preserving Milton Courthouse which is among the town’s most significant historical landmarks,” Mr Smith said.


NSW Government helps Mt Druitt tackle graffiti [PDF, 109kb]
Issued: Thursday 9 February 2012

The NSW Attorney General, Greg Smith SC, and the Mayor of Blacktown City Council, Councillor Alan Pendleton, today opened improvements to the Mount Druitt Swimming Centre, which are designed to reduce graffiti vandalism.

“These improvements will make the area, which is frequently targeted by vandals, more resistant to graffiti and more appealing to the wider community,” Mr Smith said.

The NSW Government provided Blacktown City Council with funding to work with the local community and undertake a range of works at the Mt Druitt Swimming Centre.

The funding was provided as part of the 2010/11 Crime Prevention Through Environmental Design Graffiti Hotspot program. The purpose of CPTED Graffiti Hotspot program is to fund projects that are able to reduce the incidence of graffiti and improve the amenity of community assets.

The works at the Mt Druitt Swimming Centre include the following:

Consultation workshops with local schools and community groups
Development of design mosaic in collaboration with local artists
Rendering and mosaic installation to façade of Mt Druitt Pool
Fencing work and green screening landscape works

In 2011/12 the NSW Government will allocate a total of almost $800,000 to councils across the State to help them reduce graffiti in hotspot areas by using proven CPTED principles.

Mr Smith said the program was part of the NSW Government’s comprehensive anti-graffiti strategy.

“Graffiti costs the community more than $100 million a year and combating this scourge is among the O’Farrell Government’s highest priorities.

“The NSW Government is working with a range of community organisations such as Rotary Clubs to establish volunteer graffiti removal squads across the state.

“With the support of local councils, the government will also hold its annual day for community action against graffiti,” Mr Smith said.


Floods close courts
Issued: Wednesday, 8 February 2012

Flood update: Lightining Ridge court will be closed on 8 February 2012.

Wee Waa court will be closed on 9 February 2012.


NSW a national leader in helping victims of crime [PDF, 339kb]
Issued: Wednesday, 8 February 2012

The Attorney General, Greg Smith SC, today launched the Victims of Crime Clearinghouse - Australia’s most comprehensive website for information about the needs of victims of crime.

The online database contains summaries of all reports, which are divided into categories such as domestic violence, sexual assault, elder abuse and victims’ rights.

“The clearinghouse is a one-stop shop for research into victims of crime, containing more than 250 reports, conference papers and journal articles from Australia and around the world,” Mr Smith said.

“It will help guide government policy and be an invaluable point of reference for anyone providing frontline services to victims of crime, including psychologists, GPs, police and legal practitioners.”

The NSW Government will also provide up to $200,000 a year to support further research into the most effective methods of helping victims in their recovery.

“The new funding program will focus on victims’ issues, where there is little or no local research available,” Mr Smith said.

In 2012, funding will be provided for research into court support for victims of crime and the impact of media reporting on victims.

The Chief Executive of Enough is Enough, Ken Marslew AM, said the clearinghouse and funding program would help improve services for victims of crime.

“In years gone by, the complex psychological, physical and financial issues facing victims of crime were often overlooked or misunderstood,” Mr Marslew said.

"Service providers who are well informed about victims' needs will be better equipped to respond appropriately, with sensitivity and compassion.”

The clearinghouse website also has a Media Toolbox, containing resources to assist reporters covering cases involving victims of crime.

For more on the clearinghouse, go to: www.victimsclearinghouse.nsw.gov.au.

For more on research into victims: victimsclearinghouse@agd.nsw.gov.au.


Free legal help for flood victims [PDF, 139kb]
Issued: Wednesday, 8 February 2012

The NSW Attorney General, Greg Smith SC, today reminded flood-affected residents across NSW that they can get free legal help with their insurance claims.

Mr Smith urged these people to contact LawAccess NSW on 1300 888 529 or the closest Legal Aid NSW office in Dubbo (6885 4233) or Lismore (6621 2082).

“This is a dreadful situation for residents in regional NSW whose homes and property are being damaged in the floods,” Mr Smith said.

“Anyone who needs help to understand their insurance policy or to make an insurance claim should take advantage of free legal information and advice."

Flood victims are advised to take these steps:
  • Keep a record of flood damage - take photos and videos where possible.
  • Ask neighbours to witness the damage.
  • Carefully check the wording of their insurance policy and, if in doubt, obtain legal advice before speaking to claims assessors, who usually visit on site.
  • Make sure that premiums have been paid in full, or are up to date, before lodging any claim because premium shortfalls may affect payment.
"Even if your policy does exclude flood it would likely cover other water-related damage such as rain and storms. These can be difficult legal issues and I urge residents if they have doubts about their policies to get free legal advice," Mr Smith said.

Legal Aid NSW lawyers can provide free advice and assistance with:
  • insurance claims;
  • renegotiating credit commitments due to loss of income from the flood; and
  • issues for tenants where the property is seriously damaged from the flood.
A fact sheet Storms, Floods, Insurance and you – a guide to getting your insurance claim paid can be downloaded from the Legal Aid NSW website www.legalaid.nsw.gov.au/publications.


Courthouse closures
Issued: Thursday, 02 February 2012

Due to flooding in Northern NSW, Moree and Maclean Courthouses are closed today, 2 February 2012 and tomorrow, 3 February 2012.


Attorneys Mark Milestone in Law Courts Renovation [PDF, 172kb]
Issued: Tuesday, 31 January 2012

A major renovation of the Law Courts Building at Sydney’s Queen’s Square is nearing completion, with the new-look lobby to be officially opened today.

NSW Attorney General, Greg Smith SC, will join the Federal Attorney General, Nicola Roxon, and judicial heads of jurisdiction at a ceremony to mark the occasion.

“This is a significant day for the Australian justice system, as the Law Courts Building is arguably the nation’s most important court facility, accommodating the NSW Supreme Court, the Federal Court and the High Court,” Mr Smith said.

“The building is now more secure, more technologically advanced, more energy efficient and more accessible to people with a disability.”

Mr Smith said the exterior of the building remained virtually unchanged, but court users would notice substantial differences upon entering the lobby.

“The interior was dark and dated but it is now filled with natural light, creating a more welcoming atmosphere,” Mr Smith said.

The renovations of floors occupied by the High Court and the Federal Court have been completed, while shared facilities such as lifts, air conditioning and the cells complex have been upgraded or replaced. There are also airport-style rolling screens for court lists, making it easier to check the location and status of a case

Mr Smith said the renovations of the Supreme Court, which occupies most of the Law Courts Building, were continuing.

“Twenty-four of the Supreme Court’s 32 courtrooms have been comprehensively refurbished, while the remaining rooms are being upgraded in stages to minimise disruptions to proceedings,” Mr Smith said.

“The improvements to Supreme Court facilities include new audio-visual technology to make it easier to display evidence digitally and to receive testimony from witnesses in remote locations. The courts are also being made more accessible, with people in a wheelchair now able to sit on juries.”

The NSW and Federal Governments are jointly funding the renovations of the Law Courts building. The project is due for completion in 2013/14.


NSW Coroner's Court is number one [PDF,128kb]

The Attorney General, Greg Smith SC, today congratulated the Coroner’s Court of NSW on increasing its case clearance rate and achieving the lowest backlog of any coronial jurisdiction in Australia.

“Resolving coronial matters expeditiously reduces uncertainty and stress for grieving families and can help them to come to terms with the loss of a loved one,” Mr Smith said.

The Productivity Commission’s Report on Government Services 2012 found the clearance rate of the Coroner’s Court had risen from 97 per cent to almost 109 per cent in the 12 months to June 2011.

“A clearance rate of more than 100 per cent indicates the Coroner’s Court is finalising new cases efficiently and completing outstanding cases from previous years,” Mr Smith said.

“In the space of a year, the Coroner’s Court of NSW has gone from having the nation’s second worst clearance rate to having the second best clearance rate – and the lowest backlog.”

Mr Smith said the results indicated the Coroner’s Court had adjusted well to the new Coroner’s Act, which came into force at the beginning of 2010.

“The Coroner’s Act requires magistrates to deal with all cases reported to the coroner, whereas previously there was scope for the matters to be determined by a court registrar,” Mr Smith said.

“It is clear that the Coroner’s Court in NSW is now managing its caseload more efficiently. The new Act prevents natural deaths from being unnecessarily reported to coroners, which enables them to focus more on deaths that are suspicious or unexplained.”

According to the Report on Government Services, the Local and Children’s Courts of NSW continue to lead the nation in the timely finalisation of criminal matters.

The NSW District Court has the second lowest backlog of criminal non-appeal cases older than 12 months, while the NSW Supreme Court’s backlog of such cases is at its lowest level in four years.


Back to school for juvenile offenders [PDF, 96kb]

The NSW Attorney General and Minister for Justice, Greg Smith SC, commended NSW Juvenile Justice staff and Department of Education and Communities teachers for their dedication to young people in custody, as detainees across NSW returned to school for the new school year.

“Around 300 detainees will be enrolled in schools within the state’s juvenile justice centres this week,” Mr Smith said.

“More than 1,800 young people were enrolled in education courses while in custody last year. One hundred and fifty nine detainees were enrolled in school certificate courses and 42 detainees in higher school certificates courses.

“Former detainees have continued their education and found employment, which is an excellent result for teachers and juvenile justice staff.

“Detainees are not typical students, and are considered the most troubled teenagers in the state. They are often disengaged from school and many detainees have learning difficulties.

“The most recent survey of young people in custody revealed that more than half (65 per cent) left school before commencing Year 10, 60 per cent have not attended school regularly, and nearly 90 per cent have been suspended.

“Staff work extremely hard to mentor young offenders on the benefits of education. They motivate detainees to have a positive attitude towards school, and explain that their active participation can reap rewards, from improved literacy and numeracy skills to potential employment when they return to the community.

“I commend staff and teachers for reengaging detainees in education, and to the volunteers who visit the centres to assist in ongoing educational activities.

“Education is essential to a young offender’s rehabilitation in custody,” Mr Smith said.


Deputy DPP appointed District Court Judge [PDF, 95kb]

The Attorney General, Greg Smith SC, today announced the appointment of David Arnott SC as a judge of the District Court of NSW.

“Mr Arnott is one of the state’s most senior and accomplished prosecutors, who has appeared in all criminal courts in NSW and in the High Court,” Mr Smith said.

“Since being appointed Senior Counsel in 2005, Mr Arnott has appeared in many complex appeal matters, including virtually every case in which a five-judge bench sat in the Court of Criminal Appeal.”

After studying law at the University of Sydney, Mr Arnott was admitted as a solicitor in 1977. His career has included three years as a solicitor, 11 years at the private Bar and more than 20 years as a Crown Prosecutor. Recently, he has served as a Deputy Director of Public Prosecutions and as Acting Crown Advocate.

“While Mr Arnott is best known for his work in criminal proceedings, he also practised extensively in civil law throughout the 1980s,” Mr Smith said.

“The depth and diversity of his legal experience will be invaluable assets when he joins the bench of the District Court.”

Mr Arnott will be sworn in as a District Court judge on 13 February 2012.



Two new magistrates for NSW [PDF , 98kb]

The NSW Attorney General, Greg Smith SC, today announced the appointments of solicitors Robert Stone and Peter Feather as magistrates of the Local Court of NSW.

Mr Stone has been practising law for more than 34 years and has extensive litigation experience in criminal law, personal injury and commercial matters.

While he has appeared in most courts in NSW, including the Supreme Court. the bulk of his work has been in Local and District Courts.

After beginning his legal career in Sydney in 1973, Mr Stone moved to Wagga Wagga in 1982 and achieved partner status at a law firm within three years of his arrival.

Prior to his appointment as a magistrate, Mr Stone was Chairman of Directors of Commins Hendriks, one of the largest inland legal practices in NSW. He has acted for a range of clients, including corporations, government agencies and private individuals. Mr Stone is also an accredited mediator.

Mr Feather has worked as a solicitor for the past 15 years. He became a partner at Humphreys & Corish Solicitors (now known as Humphreys and Feather) in 2001 – a position he held until his appointment as a magistrate.

He has appeared in most NSW courts, practising mainly in family, criminal and civil law.

Mr Feather began his career as a police officer in 1987 and was accepted into the Police Prosecution Branch within two years. At the age of 21, he became one of the youngest police prosecutors in NSW history.

Mr Feather also worked for a specialist unit within the Police Force, prosecuting police in the Police Tribunal in the District Court in the early stages of the Wood Royal Commission.

“I congratulate Mr Stone and Mr Feather on their appointments and look forward to their contributions to the NSW justice system,” Mr Smith said.

Mr Stone and Mr Feather will be sworn in as magistrates on 26 March 2012.


Locals win contract to build $15M Armidale court [PDF, 238kb]
Issued: Tuesday, 17 January 2012

An Armidale firm has won the contract to build the city’s $15 million courthouse, NSW Attorney General Greg Smith SC announced today.

Mr Smith said National Buildplan Group – an organisation that began in Armidale and has grown into an Australia-wide operation – will begin work on the three-storey courthouse later this month.

“This is a win-win for Armidale. The project will create jobs locally and deliver a secure courthouse that will be large enough to meet the city’s needs for decades to come,” Mr Smith said.

The 1750m² building on Moore Street will include a trial court capable of accommodating up to 15 jurors and a local court with a fully glazed secure dock for prisoners. A multi-purpose room will be available for use as a callover court or jury assembly room.

For the first time, people with a disability will be able to serve on jury trials in Armidale.

“The jury box and two deliberation rooms will feature accessible facilities for people with limited mobility, including people using a wheelchair,” Mr Smith said.

“During breaks and deliberations, jurors will also have access to a kitchenette and a private courtyard.”

Mr Smith said the new courthouse would provide comfortable facilities for victims of crime.

“Victims of domestic violence will be able to wait in a safe room that has direct access to the Local Court, rather than in a public area where they would be at risk of crossing paths with defendants,” Mr Smith said.

“Sexual assault victims will also be able to avoid contact with their alleged attacker, by giving ‘in camera’ evidence from a remote witness room.”

Other features of the new courthouse include:
  • a state-of-the-art registry, featuring a computer kiosk to enable court users to access legal resources on the internet;
  • ten interview rooms for the legal profession, including three non-contact rooms for discussions with potentially dangerous prisoners;
  • a video conferencing room for the legal profession and other agencies;
  • facilities for the Aboriginal Community Justice Group and Circle Sentencing program;
  • four offices for various agencies involved in court processes; and
  • a secure car park for judicial officers and departmental vehicles.
The new courthouse will be located next to Armidale Police Station on Moore Street. Mr Smith said prisoners would be transferred between the buildings via a secure passageway, reducing the risk of escapes.

“From a security perspective, the new location is far superior to the site of the existing courthouse which is situated in a mall,” Mr Smith said.

The project should be completed by early 2013.



Two new magistrates for NSW [PDF, 76kb]
Issued: Monday, 16 January 2012

The NSW Attorney General, Greg Smith SC, today announced the appointment of barrister Michael Barko and senior solicitor Karen Stafford as magistrates of the Local Court of NSW.

Since they began practising law 23 years ago, Mr Barko and Ms Stafford have primarily appeared in matters before the Local Court.

Mr Barko worked as an associate for a District Court judge from 1987 until 1988 when he began practising as a barrister in criminal and civil law.

He has appeared in the Local Court in almost all of the state’s major cities and over a vast portion of country NSW. Mr Barko has also appeared in almost every other jurisdiction in NSW.

Outside of his court practice, Mr Barko has provided legal services to the Sydney Roosters and the Randwick Rugby Club. He has also provided regular legal commentary on a Sydney radio program.

Ms Stafford spent her early years as a solicitor working on civil matters, before joining the Office of the Director of Public Prosecutions (ODPP) in 1991.

Over the past 14 years, Ms Stafford has had sole carriage of many serious matters from the time they were referred to the ODPP through to committal hearing, summary hearing or sentence.

Ms Stafford was involved in the prosecution of convicted murderer Arthur “Neddy” Smith from 1994 until 2000.

She has also appeared in matters before the Supreme, District, Local, and Children’s Courts.

Mr Barko and Ms Stafford will be sworn in as magistrates on 13 February 2012.

“I congratulate Mr Barko and Ms Stafford on their appointments and look forward to their contributions to the best performing Local Court in Australia,” Mr Smith said.

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