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2012 News

February


January

$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 four 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 $300,00 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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