Media Releases 2010
This is a list of media releases issued by the Attorney General in 2010.
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Top baby names and suburbs [ 36kb]
Issued: 21 December 2010
Attorney General John Hatzistergos today released the NSW Registry of Births Deaths & Marriages list of top baby names revealing that William and Isabella have remained the number one names for 2010 with Jack and Emily being the favourite names of the decade.
The name William, which has been sparring with the name Jack for a second year in a row to take out the annual top honours, has been consistently popular and is ranked fourth overall for the decade.
“One hundred years ago, William was the second most popular name for boys. Isabella has also enjoyed popularity this decade achieving overall third place, but only becoming popular since the 1980’s,” Mr Hatzistergos said.
“John and Mary were the two most popular names 100 years ago, and interestingly back then the nickname for John was in fact Jack,” Mr Hatzistergos said.
Boys’ names from 1910 that have stood the test of time include James, Thomas, Robert and Charles. Names that are no longer as popular are Arthur, Frederick and Ronald.
Few girls’ names have stayed in fashion through the generations. Today parents are more likely to call their daughter Mia instead of Mary. You won’t hear Dorothy, Phyllis or Edna being a popular name called in the playground.
“Naming a child is a special event for parents and the name they choose will be with them for life. Naming and registering your child’s birth also legally establishes your child’s identity, and helps in providing access to health and social services, and lays the foundation for future needs such as drivers’ licences and passports,” Mr Hatzistergos said.
“While taking the time to choose a name, it is important to remember that in NSW parents are required to register their child within 60 days of birth. Registration of your child’s birth is free.”
“I urge any parent who has not yet registered their child to contact Births, Deaths and Marriages at the earliest opportunity,” Mr Hatzistergos said.
Also released today was the list of top baby suburbs. Auburn this year has bumped out Blacktown to be the top baby suburb. Coming in at third place was Bankstown, followed by Merrylands and Fairfield. The top regional baby areas are Dubbo, Tamworth and Wagga Wagga.
The suburbs and town named in the list recognise the place where the mother usually resides.
“Auburn has come out on top this year passing Blacktown and Bankstown which have traded places for the last few years,” said Mr Hatzistergos.
To find out more about NSW birth registration, call 1300 655 235 or visit www.bdm.nsw.gov.au.
Campbelltown targets break and enters [ 21kb]
Issued: 20 December 2010
NSW Attorney General John Hatzistergos today endorsed Campbelltown City Council’s Crime Prevention Plan, which aims to improve community safety across the Local Government Area.
Mr Hatzistergos was joined by Mayor of Campbelltown, Cr Paul Lake as he announced the initiative.
“The NSW Government provides $1.61 million in funding to grass roots crime prevention initiatives each year. Campbelltown City Council is now eligible to apply for up to $150,000 in funding over the next three years to implement its strategies,” Mr Hatzistergos said.
Under the Crime Prevention Plan, council will conduct a campaign to inform local residents about how to make their homes more secure.
The plan also identifies opportunities to offer free home security audits and installation of home security systems at residences repeatedly targeted by burglars, as potential strategies to address break and enter.
“Burglary is often an opportunistic crime, with offenders looking for properties that are unoccupied and easily accessible,” Mr Hatzistergos said.
“All home owners should lock their windows, doors, security gates and garages.
“If you are going away over the Christmas holidays, ask a trusted friend or neighbour to routinely check your mail box and pick up your newspapers to ensure there are no obvious signs that your property is unoccupied,” he said.
“Council is to be congratulated on its comprehensive crime prevention plan, which will utilise internationally proven methods to create a safer community.”
Mayor of Campbelltown, Cr Paul Lake welcomed today’s announcement.
“We have worked closely with key stakeholders to target the needs of Campbelltown residents, and I look forward to the opportunity to implement the crime prevention plan, which aims to make our community safer,” Cr Lake said.
Legal self help site chalks up 35,000 visits in 2010 [ 29kb]
Issued: Friday 17 December 2010
A new website that helps people deal with common legal problems ranging from debt to how to go about representing yourself in court, has received 35,000 visits in its first six months of operation, NSW Attorney General John Hatzistergos today said.
“LawAssist is proving to be an invaluable resource for self represented people who are unfamiliar with court processes or how to resolve particular legal issues concerning credit and debt disputes with 8000 visits to the website in the last month alone,” Mr Hatzistergos said.
“In the last financial year, close to 200,000 people called the NSW Government’s free legal assistance hotline, LawAccess to seek assistance. With this new website, the NSW Government is continuing to make the justice process more accessible to everyone,” he said.
“The most common areas of inquiry are from people who either need to take legal action in recovering money that is owed to them or from members of the community who have received a Letter of Demand asking for debt to be paid back,” he said.
LawAssist addresses pertinent legal issues, with information on how to resolve debt issues in the small claims division of the Local Court and what to do if you have been involved in a motor vehicle accident. The website will soon be expanded to cover other topics including Apprehended Violence Orders and fines.
The website provides a simple and practical step-by-step guide to help people prepare for their day in court, including information about:
• instructions on filling out forms;
• how to gather evidence;
• how to prepare for a hearing;
• what to wear and say in court;
• how to get help from court staff and interpreters; and,
• where to get more help, including legal advice.
The legal topics on LawAssist are based on the most frequent requests to the Government’s free telephone legal information and advice service, LawAccess.
Mr Hatzistergos said the website also provided information about alternatives to going to court.
“Resolving disputes through mediation is cost effective, efficient and usually less stressful than a court battle,” Mr Hatzistergos said.
Mr Hatzistergos said any person representing themselves, by choice or through circumstance, should explore the website before going to court.
“While LawAssist is no substitute for the professional assistance of a lawyer, it is helping people who represent themselves to better navigate the legal system,” Mr Hatzistergos said.
The website address for LawAssist is: www.lawaccess.nsw.gov.au/lawassist
If you need further assistance, call LawAccess on 1300 888 529.
Judicial appointments for NSW Supreme Court [ 29kb]
Issued: 15 December 2010
NSW Attorney General John Hatzistergos today announced the appointments of Justice Anthony Whealy as a Judge of Appeal and of barrister John Sackar, QC as a Supreme Court judge.
“Justice Whealy and Mr Sacker are highly respected within the NSW legal system and I anticipate they will serve with distinction in their new roles,” Mr Hatzistergos said.
Justice Whealy has sat on the bench of the Supreme Court for a decade, presiding over a range of complex and significant criminal trials including:
- the two-year trial of five men convicted and jailed over a terrorism plot;
- the trial of Faheem Lodhi, who became the first person in NSW convicted under counter-terrorism laws;
- the insider trading trial of stockbroker Rene Rivkin;
- the 12-month trial of members of the Ronen family for a $15 million tax fraud; and,
- a civil case in which Irish man, Garry Mulligan unsuccessfully sued Coffs Harbour City Council and the State of NSW after he struck his head on a sandbar and became a quadriplegic.
Prior to taking public office, Justice Whealy practised as a barrister for almost 30 years, specialising in liquor licensing law. He was appointed a Queens Counsel in 1984.
Justice Whealy was as an Acting Judge of the District Court between 1988 and 1991 and served as a member of the Legal Services Tribunal in 1995, 1997 and 1998.
Mr Sackar has been practising law for 37 years, primarily in general commercial law including trade practices, banking and insurance law and media law.
He was admitted as a barrister in 1975 and appointed a Queens Counsel in NSW in 1987. He has also attained the title of Queens Counsel in Victoria, ACT, South Australia, Queensland and the Northern Territory.
Mr Sackar has appeared in all courts in Australia and regularly appears before the NSW Court of Appeal and the High Court of Australia. He has also appeared as junior and leading counsel in the Privy Council of the United Kingdom in appeals from Australia and Brunei.
Justice Whealy’s appointment as a Judge of Appeal commences on January 31, 2011, while Mr Sackar will be sworn in as a judge of the Supreme Court on February 1, 2011.
Alert for people who missed court due to floods [ 21kb]
Issued: 13 December 2010
NSW Attorney General John Hatzistergos today urged anyone in flood affected areas unable to attend court to contact the court and explain their circumstances.
“Torrential rain has caused road closures in certain parts of the state, making it impossible for some people to appear in court,” Mr Hatzistergos said.
“Anyone in this situation should alert the court and find out when their case has been adjourned to."
“If the matter was finalised in their absence, they should consult the court on their options.”
All NSW courthouses are operating today, including those in flood-affected areas. Mr Hatzistergos said sittings at Cootamundra and Rylstone Courthouses were unable to proceed on Friday, after flooding prevented magistrates from travelling to the areas.
The courts’ registrars conducted call overs on that day, adjourning matters until a later date.
The contact information for all courthouses is listed at: www.lawlink.nsw.gov.au.
Mr Hatzistergos has also reminded flood victims across NSW to seek free legal help to make insurance claims.
“It is important that members of the community who have been affected by rising waters understand their rights and entitlements and are guided in the right direction in making insurance claims,” he said.
“Similarly community members who are not sure whether they have an insurance claim in place should get legal help without delay.”
Mr Hatzistergos said community members should contact the Insurance Law Service that offers free telephone advice on 1300 663 464 or for more general legal advice, Law Access NSW on 1300 888 529.
Free legal assistance in making insurance claims [ 31kb]
Issued: 10 December 2010
NSW Attorney General, John Hatzistergos and Minister for Emergency Services, Steve Whan have urged flood victims across NSW to seek free legal help to make insurance claims.
“Residents in flood affected towns whose homes and property have been damaged by the rising waters are encouraged to seek legal assistance in making insurance claims,” Mr Hatzistergos said.
“It is important for members of the community who have been affected to understand their rights and entitlements and are guided in the right direction so they can re-build their homes and businesses.”
“Community members who are not sure whether they have an insurance claim in place should get legal help without delay, and I urge the insurance companies to act as quickly as possible to process claims and help people get back on their feet,” Mr Whan said.
Mr Hatzistergos said community members should contact the Insurance Law Service that offers free telephone advice on 1300 663 464 or for more general legal advice, Law Access NSW on 1300 888 529.
He said that Legal Aid NSW also publishes a guide called Turning the Tide: Storms, Floods, Insurance and You, which includes important information on how to deal with insurance companies and presents a range of options to help pursue claims on cars, homes and contents.
In this publication, flood victims are advised to take these steps:
- Keep a record of flood damage - take photos and videos where possible
- Ask your neighbours to witness the damage
- Carefully check the wording of your insurance policy, and if in doubt, get legal advice before speaking to claims assessors, who usually visit on site
- Make sure premiums have been paid in full, or are up to date, before lodging
- any claim. Premium shortfalls may affect payment.
Copies are available at www.legalaid.nsw.gov.au/publications or by phoning 9219 5028
Two new judges for the District Court [ 28kb]
Issued: 8 December 2010
Sydney barristers Donna Woodburne SC and Elizabeth Olsson SC have been appointed as judges of the District Court of NSW, Attorney General John Hatzistergos announced today.
“I am sure the bench of the District Court will benefit from the addition of two highly regarded silks who have been practising law for well over 20 years,” Mr Hatzistergos said.
Ms Woodburne is a Deputy Director of Public Prosecutions who has been part of the Office of the Director of Public Prosecutions since 1988. She was appointed a barrister in 1997 and a Senior Counsel in 2008.
During her career, she has also worked for a prominent law firm and as an associate to a District Court judge.
Ms Olsson, a barrister for 22 years, has kept a varied practice that has included work in commercial, equity, building and construction law. While the majority of her work has been in the Supreme Court, she has also appeared frequently in the District Court.
Ms Olsson, who was appointed a Senior Counsel in 2003, is a part-time Deputy President of the Administrative Decisions Tribunal and a part-time member of the NSW Mental Health Review Tribunal.
She is also the NSW Bar Association’s representative on the State Government’s Home Building Advisory Council.
Ms Woodburne will be sworn in as a District Court judge on February 7, 2011, while Ms Olsson will be sworn in on March 7, 2011.
“I congratulate Ms Woodburne and Ms Olsson on their appointments and look forward to their contribution to the NSW judicial system,” Mr Hatzistergos said.
Auburn crime prevention plan wins approval [ 32kb]
Issued: 8 December 2010
NSW Attorney General John Hatzistergos today endorsed Auburn City Council’s three-year Crime Prevention Plan, which aims to reduce robbery, car theft and stealing from motor vehicle offences.
Mr Hatzistergos was joined by Member for Auburn, Barbara Perry and Auburn City Council Mayor, Ronney Oueik as he announced the initiative.
“The NSW Government provides $1.61 million in funding to grass roots crime prevention initiatives each year and Auburn City Council is now eligible to apply for a up to $150,000 in funding over the next three years to implement its strategies,” Mr Hatzistergos said.
“In consultation with local police and the community, council has developed a comprehensive plan to make the Auburn Local Government area a safer and more appealing location to live and work,’ Mr Hatzistergos said.
“By addressing factors that create the opportunity for crime, this plan will make it harder for thieves to target members of the community,” he said.
Mr Hatzistergos said that as part of it plan, Auburn Council will audit robbery hotspots such as town centres and train stations and improve the environmental design of the areas to make them more resistant to crime.
“The strategies may include upgrades to lighting, tree trimming to improve sightlines and creating more pedestrian walkways and thoroughfares,’ Mr Hatzistergos said.
“Ensuring public areas are well lit and have clear sight lines will help to discourage criminal behaviour and make it easier to detect,” he said.
Council will work closely with police, government agencies and community groups to implement its crime prevention strategies which will also include:
- conducting public awareness campaigns to reduce car theft and stealing from motor vehicles – including the distribution to motorists about how to protect their vehicle from thieves;
- subsidising engine immobilisers for eligible community members; and
- installing theft resistant screws in number plates.
Member for Auburn, Barbara Perry commended the Council’s work on the project saying she looks forward to working with the Council in addressing the community’s public safety concerns.
“This plan not only addresses the needs of local residents but implements some important strategies in preventing crime, particularly in curbing the stealing of number plates which are often used in petrol theft, toll evasion and other offences involving vehicles,” she said.
Mayor, Ronney Oueik said that the Council had worked extensively with local residents and stakeholders to make sure that the plan met the requirements of the community.
“We need to make sure that individuals, families and businesses feel safe and protected in the community and this crime prevention plan is as much about prevention as it is about educating the community to practice personal safety measures.
“For example, when motorists are locking their vehicle, they should always ensure that no valuables are left on display,”
“Other handy hints include wiping off suction cap marks left on windscreens by GPS devices and removing any other tell tale signs that your vehicle contains valuable electronic devices,” he said.
Help at court for victims of domestic violence in Tamworth [ 36kb]
Issued: 7 December 2010
Women who are victims of domestic violence in Tamworth will have access to free legal representation to obtain Apprehended Domestic Violence Orders as part of the roll-out of the Domestic Violence Practitioner Scheme at Tamworth Local Court.
The Domestic Violence Practitioner Scheme is part of the NSW Government’s $50 million Domestic and Family Violence Action Plan Stop the Violence, End the Silence.
NSW Attorney General John Hatzistergos and Minister for Women, Jodi McKay together with the Member for Tamworth, Peter Draper today announced that the NSW Government is investing $60,000 over four years to expand the scheme to Tamworth.
Mr Hatzistergos said that under the scheme, a panel of specially trained lawyers will assist women in court to obtain Apprehended Domestic Violence Orders (ADVOs) against their attackers.
“The new lawyers will work with the Women’s Domestic Violence Court Advocacy Service, bringing together critical legal and social support for victims of violence and their children,” Mr Hatzistergos said.
“Financial abuse is also a part of domestic violence and this scheme is helping women who may not be able to afford legal representation or qualify for Legal Aid get an ADVO,” he said.
Mr Hatzistergos said that having specialist lawyers at Tamworth Local Court on AVO list days means that women are more likely to obtain a final order for their protection at their first court date and receive advice when they are at their most vulnerable.
Visiting the region, Mr Hatzistergos together with Mr Draper met today at Tamworth Local Court with the New England Women’s Domestic Violence Court Advocacy Service and the Armidale Women’s Shelter who will work closely with the scheme.
Judith Harvey-Nelson, Manager of the Women’s Shelter welcomed the new funding for a specialist domestic violence lawyer for Tamworth Local Court.
“Victims of this sort of crime need all the support and representation that can be given to them and this announcement paves the way for better legal representation for women in the area who experience domestic violence,” Ms Harvey-Nelson said.
“This initiative will contribute to the good work that is being done throughout the region to support this vital sector of the community and it will encourage more women to come forward,” she said.
Mr Draper also echoed these sentiments.
"This is a welcome investment in our district, that will help local women through a very difficult time in their lives," Mr Draper said.
The new lawyers will also be able to assist women attending court with other related legal issues that often go hand in hand with domestic violence such as Family Law, Victims Compensation and Children’s Care and Protection matters.
Ms McKay said domestic violence is an abhorrent crime and victims need the right support to break the cycle of violence.
“Expanding the scheme to Tamworth will ensure women in the region have access to legal assistance and local advocacy for domestic violence issues.”
The scheme currently operates at 31 other courts throughout the State. A copy of the Domestic and Family Violence Action Plan is available at www.women.nsw.gov.au
New community legal centre for the Mid North Coast [ 294kb]
Issued: 3 December 2010
Commonwealth Attorney-General, Robert McClelland, and NSW Attorney General, John Hatzistergos, today announced the mid-north coast will soon have access to improved legal services, with a new community legal centre to open in Port Macquarie early next year.
Mr McClelland said the successful applicant to operate the new centre - Disability Advocacy NSW - is well placed to enhance access to justice for the region.
“The new service will play a key role in ensuring disadvantaged residents of the region have greater access to legal assistance to encourage early resolution of disputes before they escalate,” Mr McClelland said.
“The new centre will significantly improve access to legal services for the Mid-North Coast, providing assistance on a range of legal and related matters to people on low incomes and those with special needs.”
The new legal centre is a joint initiative of the Commonwealth and NSW Governments.
The Commonwealth Government allocated $600,000 over three years and Legal Aid NSW has allocated a further $330,000 over three years for the new service.
Mr Hatzistergos said the funding was consistent with the findings of a February 2010 Mid-North Coast Legal Needs Analysis Report.
“It is well known that many rural and regional centres are requiring more resources to meet the legal demands of their communities,” he said.
“The new community legal centre in Port Macquarie will better connect members of the community who do not have adequate access to legal advice and assistance to people in a number of towns across the region.”
The new community legal centre is expected to be operational in the first half of 2011, based in Port Macquarie with outreach services to Taree and Kempsey.
NSW reforms class action laws [ 21kb]
Issued: 3 December 2010
The Keneally Government has today introduced new laws to clarify rules surrounding class actions, the process in which a large number of people with similar claims join together to sue a person or organisation.
The laws have been introduced following wide-spread consultations with the public including members of the legal profession and legal academics on a draft bill released last month.
“Existing court rules in this State do not provide clear guidelines as to who may commence a class action, in what circumstances, and other issues such as settlement of proceedings, costs, and appeals,” Mr Hatzistergos said.
“The NSW Government has modelled the new laws on Federal and Victorian laws which provide a comprehensive set of rules on these issues and for each step of a class action.
“This approach will have a number of benefits for the NSW justice system.
“Firstly, it will eliminate the lack of clarity in current NSW court rules which may be discouraging potential litigants from pursuing legitimate class actions.
“Reducing uncertainty may also cut legal costs and court time currently involved in pursuing a class action in NSW.
“Secondly, the Federal and Victorian laws have proven to be a successful model and NSW courts will be able to draw on that experience.
“Finally, having uniform procedures within the major commercial courts in Australia will minimise confusion among litigants,” he said.
Mr Hatzistergos also said the laws would make improvements recommended in the Victorian Law Reform Commission’s 2008 Civil Justice Review and the Commonwealth Attorney-General’s Department’s 2009 Access to Justice Report.
“The proposed laws will enable to Supreme Court to order the establishment of a fund which will be distributed to group members and to make orders in respect of the administration of that fund,” he said.
Mr Hatzistergos said the NSW Government continues to encourage alternative dispute resolution instead of court proceedings.
‘However as class actions are an important vehicle for improving access to justice, particularly for people who cannot afford to pursue a case on their own, it is also important to have clarity in the law when class actions do proceed,” he said.
Serious sex offence laws strengthened [ 20kb]
Issued: 2 December 2010
Laws have passed NSW Parliament this week that will ensure serious sex offenders who have committed historical offences can be detained in custody or supervised in the community at the end of their sentences.
Attorney General John Hatzistergos said the laws will ensure serious sex offenders who committed aggravated offences prior to 1989 will now be subject to the state’s Serious Sex Offender regime.
“Sex offences that involve aggravating circumstances are clearly offences of a very serious nature,” Mr Hatzistergos said.
“We are talking about criminal conduct of the most despicable nature, criminal conduct that demands we maintain our hardline approach.
“That is why we will amend our laws to ensure offenders who committed these offences prior to 1989 will be captured by our Serious Sex Offender regime.”
Mr Hatzistergos said the amendments Crimes (Serious Sex Offenders) Act 2006 will broaden the definition of a “serious sex offence” to include historical conduct that would now amount to “aggravating circumstances” under existing laws.
Aggravating circumstances include offences where the offender inflicts actual bodily harm, where the victim is under the age of 16 and where the victim has a physical or cognitive impairment.
The NSW Serious Sex Offender regime did not previously apply to offenders who committed offences, that would now be classified as aggravated offences prior to the introduction of aggravated versions of these offences to the Crimes Act in 1989.The regime provides for the extended supervision or continuing detention of serious sex offenders, who are at risk of reoffending to ensure the community is protected.
The changes also clarify the test for imposing an order – changing from whether a person is “likely” to commit another sex crime to whether the person poses an unacceptable risk to the community.
New laws to help settle disputes out of court [ 29kb]
Issued: 2 December 2010
People will be required to take reasonable steps to resolve or at least narrow the issues in the dispute before they go to court under amendments to the Civil Procedure Act 2005 passed by the NSW Parliament last night.
NSW Attorney General, John Hatzistergos said the changes are part of a package of reforms aimed at increasing the role of alternative dispute resolution (ADR) across NSW and promote a shift away from adversarial litigation.
“There is no question our courts will continue to play an important role in adjudicating civil disputes, but it is worth noting that up to 97 per cent of civil matters lodged with NSW courts do not proceed to a final hearing,” Mr Hatzistergos said.
“Most matters are settled or withdrawn, which indicates there are opportunities to save time and money for litigants and the courts by providing a framework for resolving disputes at the earliest possible stage.”
“We know a lot of people already take reasonable steps to avoid court. These laws will encourage best practice by everyone.”
Reasonable steps may include:
- Outlining issues in dispute and offering to discuss and try to resolve them;
- Exchanging information and documents critical to the resolution of the dispute; and,
- Considering and where appropriate taking part in alternative dispute resolution processes such as mediation, arbitration or conciliation.
The laws also provide appropriate exemptions and make clear that what steps are reasonable depends on the circumstances of the person involved and the nature of the dispute.
As well as introducing the basic requirement that parties take reasonable steps, the laws introduce a framework for specific pre-action protocols to be developed by courts for different case types.
“One size does not fit all. The amendments permit customised pre-litigation steps depending on what kind of legal dispute is involved,” Mr Hatzistergos said.
A court may take into account a litigant’s failure to take reasonable steps or comply with an applicable pre-action protocol when making cost or other case management orders.
These changes are the result of consultation on the NSW Government’s Alternative Dispute Resolution (ADR) Blueprint, which proposed recommendations to make it easer to resolve civil disputes. In addition, the Government’s Model Litigant Policy, which sets high ethical standards for government agencies to follow during legal disputes, will be updated to increase its focus on Alternative Dispute Resolution.
Laws strengthen the NSW justice system [ 28kb]
Issued: 1 December 2010
The NSW Government this week passed a number of amendments to courts and crimes legislation designed to strengthen and modernise the NSW justice system.
The Courts and Crimes Legislation Further Amendment Bill 2010 includes a number of amendments to various pieces of legislation relating to the administration of courts.
“These laws will strengthen the ability of our courts to administer just outcomes, better protect the community and give victims of crime a greater say,” Attorney General John Hatzistergos said.
The amendments include:
- a package of reforms for victims of crime that includes strengthening their rights in law and a new specialist victims of crime research centre
- laws to better protect older people from abuse
- laws to make more criminals pay compensation to victims of crime
- laws to better protect the personal records of sex assault victims
- laws to lengthen appointments of Children’s Court Magistrates.
Mr Hatzistergos said the amendments also include reforms to allow courts to determine if a criminal trial is held in front of a judge alone, rather than by a jury.
“The changes to the law recognise that some cases are unsuitable for a jury because they are highly technical and lengthy or have attracted prejudicial pre-trial publicity,” Mr Hatzistergos said.
“However, juries will continue to determine the guilt or innocence of the overwhelming majority of people facing serious criminal charges in NSW.”
For more information on each of the amendments, visit www.lawlink.com.au
New laws to protect older people from abuse [ 27kb]
Issued: 28 November 2010
People who seriously neglect senior citizens or other vulnerable people in their care could be jailed for up to five years under changes to the law, NSW Attorney General John Hatzistergos announced today.
“Australia has an ageing population and more people than ever are relying on their children and other carers to look after their basic needs, such as food, clothing and shelter,” Mr Hatzistergos said.
“The new laws will guard against elder abuse and provide peace of mind for vulnerable seniors who are no longer able to care for themselves.”
The NSW Government will expand and modernise an archaic section of the Crimes Act 1900 that makes it an offence to place the health of “a wife, servant or insane person” at risk by failing to properly provide for them.
“This section of the law will be updated to include a host of other modern relationships where a person is dependent on another party for their day-to-day care,” Mr Hatzistergos said.
“The changes will protect older people dependent upon carers, parents cared for by their children and people who are dependent upon their de facto partner.”
The maximum penalty for the offence is five years imprisonment.
The amendment to Section 44 of the NSW Crimes Act 1900 applies subject to provisions of the Commonwealth Aged Care Act 1997.
The amendments to the Crimes Act will also remove the reference to an “insane person”, which is dated and disrespectful, and replace it with a more appropriate description of a person with a mental illness.
Council on the Ageing (NSW) President Kath Brewster welcomed the Government’s greater focus on the abuse of older people and the introduction of tougher penalties for perpetrators of elder abuse.
“With an ageing population we are very concerned about the abuse of older people, particularly those who are dependent on carers or family members,” Ms Brewster said.
“Abuse can take many forms including financial and emotional as well as physical, so any strengthening of laws will send a strong message to the community that abuse is simply not acceptable.”
Mental Health Coordinating Council Chief Executive, Jenna Bateman congratulated the Government for modernising a law created more than a century ago to remove the reference to an “insane person”.
“In 1900, people with mental illness were kept hidden in homes or in large institutions away from the public eye,” Ms Bateman said.
“This was a time prior to medication, when recovery and the continuation of life in the community were seen as extremely unlikely. Today we understand that people do recover from mental illness, that social inclusion assists that recovery and that people with mental illness can have quality of life and contribute to society.
“The Attorney General is congratulated for recognising the archaic wording in section 44 of the Crimes Act 1900 and giving it currency in the society of today.”
Community urged to participate in White Ribbon Day [ 39kb]
Issued: 25 November 2010
The Keneally Government is today urging all members of the community to participate in White Ribbon Day and show their support for eliminating violence against Women.
As part of today’s White Ribbon Day activities, NSW Attorney General, John Hatzistergos, and Minister for Women, Jodi McKay, announced more than $70,000 to help support the White Ribbon awareness campaign.
“The United Nations International Day for the Elimination of Violence against Women, commonly known as White Ribbon Day, is an occasion to raise public awareness about violence against women,” Mr Hatzistergos said.
“Violence against women is an abhorrent crime that should not be accepted or tolerated in our society.
“That is why as part of White Ribbon Day celebrations I am very pleased to announce that the NSW Government is providing a $71,500 grant to help support and continue the organisation’s violence against women campaign, such as the White Ribbon Day Breakfast.”
“A campaign such as White Ribbon Day requires an enormous amount of organisation and energy, and I am pleased that the Premier insisted that this generous grant be provided.”
Mr Hatzistergos said a key focus of White Ribbon Day is engaging men to eliminate violence against women.
“White Ribbon Day aims to challenge the cultural norms than inform the attitudes and behaviours that result in some men being violent towards women,” Mr Hatzistergos said.
“It is imperative that we not only support victims of violence but we focus on eliminating the abhorrent crime from our community.”
In NSW and across Australia, White Ribbon Day marks the first day of the 16 Days of Activism to Stop Violence against Women campaign.
Ms McKay said the NSW Government is tackling domestic violence through its $50 million NSW Domestic and Family Violence Action Plan - Stop the Violence End the Silence.
“The action plan includes 91 actions to address domestic violence based on prevention, early intervention, victim support and bringing offenders to justice,” Ms McKay said.
“In addition to this each year the NSW Government funds local domestic and family violence awareness-raising activities through the Local Domestic and Family Violence Committee Small Grants Program.
“This program provides funding to Local Domestic and Family Violence Committees to assist them with their activities that commemorate White Ribbon Day and the 16 Days of Activism.
“The funding to Local Domestic and Family Violence Committees is part of the annual $2.9 million Domestic and Family Violence Grants Program.”
Ms McKay said the NSW Government is currently finalising part two of the NSW Government’s Strategy to Prevent Violence against Women, which will focus on the prevention of sexual violence against women.
“The Sexual Violence Prevention Plan will focus primarily on early intervention initiatives and builds on the considerable legislative reforms implemented over recent years that have strengthened the legal response to sexual violence in NSW,” Ms McKay said.
Other initiatives the Keneally Government has undertaken include:
- the expansion of it Domestic Violence Practitioner Scheme to 32 courts across the State. The scheme, enables women to access free legal advice and representation to obtain Apprehended Domestic Violence Orders (ADVO) for their protection;
- the establishment of the Domestic Violence Death Review Team– a special panel of experts with new powers to review the tragic 42% of homicides each year caused by domestic violence and recommend ways to reduce these incidents;
- the introduction of strict minimum standards for all behaviour change programs for male perpetrators of domestic violence that force offenders to address their actions and ensure greater safety for women and children.
The 16 Days of Activism campaign will end on Friday 10 December, International Human Rights Day, highlighting that violence against women is indeed a human rights violation.
For information about events occurring around NSW as part of 16 Days of Activism visit www.women.nsw.gov.au
Children's Court appointments to be lengthened [ 30kb]
Issued: 24 November 2010
The Keneally Government has today moved to amend laws that will increase the length of time specialist Children’s Court Magistrates can be appointed to the bench, strengthening the way family matters are handled by the justice system.
The amendment to the Children’s Court Act, to be introduced today, will see the appointment of Children’s Magistrates change from three years to five.
The move follows calls made by the Hon James Wood QC who advocated a five-year rotation of Children’s Magistrates in his report into Child Protection Services in NSW.
The request has also been made by the President of the Children’s Court, Judge Mark Marien SC.
NSW Attorney General said that extending the length of time Children’s Magistrates can serve was an important factor in minimising disruptions to the Court and ensuring magistrates benefited from the experience gained on the bench.
“The Children’s Court is a specialised jurisdiction, handling sensitive matters concerning child care and protection,” Mr Hatzistergos said.
“These changes will ensure that the balance is improved between making sure Magistrates remain objective and gain the practical skills needed to navigate the sensitive issues presented in the Children’s Court.”
Mr Hatzistergos said the proposed amendments follow recent initiatives to implement the recommendations of the Wood Inquiry including:
- The introduction of new dispute resolution measures to enable more child care and protection cases to be resolved outside of court and better involve children and families in the decision making process.
- The appointment of five additional Children’s Registrar’s across NSW, located at Wagga, Lismore, Broadmeadow and Parramatta who will also provide a service to surrounding locations.
There are currently 13 Children’s Magistrates in NSW who sit at six specialist regional Children’s Courts. They also serve at Local Courts sitting as Children’s Courts across the State.
Laws capture historical sex offenders [ 22kb]
Issued: 24 November 2010
The NSW Government will today introduce legislation to ensure serious sex offenders who have committed historical offences can be detained in custody or supervised in the community at the end of their sentences.
Attorney General John Hatzistergos said the laws will ensure serious sex offenders who committed aggravated offences prior to 1989 will now be subject to the state’s Serious Sex Offender regime.
The changes in the Crimes (Serious Sex Offenders) Amendment Bill 2010 will broaden the definition of a “serious sex offence” to include historical conduct that would now amount to “aggravating circumstances” under existing laws.
Aggravating circumstances include offences where the offender inflicts actual bodily harm, where the victim is under the age of 16 and where the victim has a physical or cognitive impairment.
“Sex offences that involve aggravating circumstances are clearly offences of a very serious nature,” Mr Hatzistergos said.
“We are talking about criminal conduct of the most despicable nature, criminal conduct that demands we maintain our hardline approach.
“That is why we will amend our laws to ensure offenders who committed these offences prior to 1989 will be captured by our Serious Sex Offender regime.”
The amendments follow recommendations made by a statutory review of the Crimes (Serious Sex Offenders) Act 2006.
Under the Act, the NSW Serious Sex Offender regime does not apply to offenders who committed offences that would now be classified as aggravated offences, prior to the introduction of aggravated versions of these offences to the Crimes Act in 1989.
The NSW Serious Sex Offender regime provides for the extended supervision or continuing detention of serious sex offenders, who are at a high risk of reoffending, so as to ensure the safety and protection of the community. Orders can be made for the continued detention or supervision of offenders for up to five years.
Offenders can be subject to the Serious Sex Offender regime if they have committed a serious sex offence, which includes sexual assault offences committed against adults and children punishable by imprisonment for seven years or more, and those committed against adults in circumstances of aggravation.
New laws strengthen victims' consulation in charge negotiations [ 23kb]
Issued: 24 November 2010
The NSW Government has introduced laws into Parliament that will create new certification requirements to strengthen the existing process of consultation with victims of crime in cases involving charge negotiations.
Attorney General John Hatzistergos said the Crimes (Sentencing Procedure) Amendment Bill 2010 will help ensure victims are properly consulted and get a fair say when offenders plead guilty.
“Following charge negotiations, prosecutors will need to provide the court with a signed certificate to verify that the victim was consulted on the agreed statement of facts submitted to the court during sentencing,” he said.
The reform will also require the prosecutor to certify that in his opinion the statement is a fair and accurate account of the level of the offender’s criminality.
This will help ensure that sentences are not reduced because the statement of facts on which the court is basing its judgment does not represent the full seriousness of the crimes committed by the offender.
The certificate will need to be signed by the prosecutor in charge of the case after consultation with the victim.
The reform comes after widespread consultation with victims of crime, the Director of Public Prosecutions and the heads of the judiciary on a NSW Sentencing Council Report released late last year.
The report, Reductions in Penalties at Sentence, led by former Supreme Court Justice Hon. James Wood AO QC, was commissioned by the NSW Government to ensure victims were properly consulted on any charge negotiations.
The Director of Public Prosecution Guidelines require that victims be consulted on charge negotiations. The current reforms will further strengthen these requirements and build in safeguards for victims of crime.
Victims’ rights to be enshrined in law [ 33kb]
Issued: 17 November 2010
The Keneally Government has today announced a package of reforms for victims of crime that includes strengthening their rights in law, establishing a specialised research centre and improving communication about the movement of their offenders.
The initiative is part of a package of reforms announced this week by the NSW Attorney General, John Hatzistergos, to further strengthen support offered to victims through the criminal justice process and ensure they are able to get the help they need.
“Victims of crime have already experienced immense trauma and critical to their ability to seek justice is to ensure that are treated with respect and dignity as they progress through the legal system,” Mr Hatzistergos said.
“For this reason, all government agencies and departments dealing with victims of crime including the NSW Police, Corrective Services, court staff will now be required by law to abide by a new Code of Practice for the Charter of Victims Rights.”
“In addition the Charter has been extended to cover non-government who receive government funding and have regular contact with victims.”
Mr Hatzistergos said the Victims Charter has been strengthened to explicitly state that victims must be entitled to each of the rights specified, overriding the previous charter in place which merely stated that victims “should” be entitled.
The Charter of Victims Rights includes requiring that that victims will be:
- treated with dignity, compassion, cultural sensitivity and respect
- given access to welfare, health, counselling and legal assistance responsive to their needs
- informed of relevant police investigations and court processes
- protected from contact with the person accused of causing them harm
- entitled to claim compensation for particular injuries suffered as the result of an act of violence.
“Agencies bound by the Charter will be required to develop performance standards and produce reports to their effectiveness in upholding victims’ rights. Compliance with the Charter will be overseen by Victims Services within the Department of Justice and Attorney General.”
As part of the reforms Mr Hatzistergos also today announced that the Government will deliver $200,000 in funding annually to establish a Victims of Crime Research Centre dedicated to the development of appropriate services, policies and programs for victims in NSW.
The Centre, which will be administered by Victims Services, will focus its research agenda on high priority areas including victims who are in rural or regional areas, suffering mental health issues, disabilities, and those from Indigenous and non-English speaking backgrounds.
“It is important that we continue to explore ways to improve services and policies that will make a positive difference to victims of crime,” Mr Hatzistergos said.
“This initiative allows for large research projects to be conducted and partnerships to be formed across other government agencies such as the NSW Police, the Office of the Director of Public Prosecutions, educational institutions and victims services so that we meet victims’ needs.”
Mr Hatzistergos said that the NSW Government will also create a central point of contact for victims who want to join a register that informs them about when their offender may be released or may be granted parole.
“There are currently three victims’ registers in NSW, which can sometimes lead to confusion,” Mr Hatzistergos said.
“Victims Services will manage all initial enquiries about the registers and ensure that victims are placed on the appropriate register,” he said.
More criminals to contribute to victims' compensation [ 33kb]
Issued: 16 November 2010
More criminals will be forced to pay a levy into a fund that compensates and helps rehabilitate victims of violent crimes as part of Keneally Government reforms that will see millions more dollars dedicated to assisting victims overcome their ordeal.
The initiative is part of a suite of reforms announced this week by the Keneally Government to strengthen support offered to victims of crime through the criminal justice process and ensure they are able to get the help they need.
The NSW Victims Compensation Fund can award up to $50,000 to victims of violent crime including both psychological and physical harm. Each year, the NSW Victims Compensation Fund pays more than $60 million to victims who would otherwise have no way of being compensated for their losses and suffering.
Any person convicted of a criminal offence in NSW will now be required to pay a levy and it is estimated this could extend to an additional 65,000 offences each year. Previously, levies were only imposed on people convicted of an offence that carried a jail term.
“It is only fair that people who engage in criminal behaviour contribute to a fund that helps victims rebuild their lives,” he said.
“The change now means, for example, that a person charged with low range drink driving will now have to pay the levy if convicted.”
Mr Hatzistergos said that the expansion brings NSW into line with other jurisdictions and excludes all offences dealt with by penalty notice.
Earlier this year, Mr Hatzistergos announced that as part of the new unexplained wealth laws, 50 per cent of monies confiscated from those suspected of criminal activity will be also directed to the Victims Compensation Fund, which could mean an additional $120 million for victims over the next decade.
“This together with the expansion of the levy will inject millions of dollars into the Victims Compensation Fund and also help ensure its long-term viability,” Mr Hatzistergos said.
The levy for any person convicted of a criminal offence in NSW is either $64 or $148, depending on the seriousness of the crime.
The Victims Advisory Board was part of consultations concerning reforms and supported the changes.
Mr Hatzistergos today also announced the expansion of the Victims Assistance Scheme, which helps victims of violent crime who are not eligible for compensation because their injuries do not reach the threshold.
“The Victims Assistance Scheme will now be able to reimburse victims of crime up to $1500 for any expense incurred as a result of their injuries,” Mr Hatzistergos said.
“Until now, reimbursement has been restricted to certain types of expenses such as medical and dental bills or the cost of replacing a pair of prescription glasses.”
Under changes to the Keneally Government’s Approved Counselling Scheme, eligible victims will be granted 10 free hours of counselling upfront. Previously, eligible victims were granted two hours’ counselling and those seeking more would have to wait for further assessment.
Mr Hatzistergos also said the Victims Advisory Board will be increased from 10 to 12 members to enable the appointment of an additional two community representatives.
“For the first time, community representatives will account for 50 per cent of the board, which has traditionally been dominated by government agencies,” Mr Hatzistergos said.
“The board will continue to provide valuable advice on policies and reforms relating to victims compensation and support services,” Mr Hatzistergos said.
Mr Hatzistergos said the reforms were part of the NSW Government’s strategy to make it easier for victims to seek help. Other measures include:
- A Smart Form which allows victims to apply for compensation online without the need for a lawyer;
- The new Victims Access Line which provides victims with confidential advice and support from trained officers (ph: 1800 633 063);
- A new online information source for victims, Justice Journey, which provides a stepby-step guide to the criminal justice system (www.lawlink.nsw.gov.au/vs) availableonline and as of today in booklet form.
Mr Hatzistergos said a number of additional reforms are set to be announced later this week.
Protecting personal records of sex assault victims [ 34kb]
Issued: 15 November 2010
Sexual assault victims will be better protected from having their confidential counselling records used against them in court under changes to laws, NSW Attorney General John Hatzistergos announced today.
The new laws are part of a suite of initiatives to support victims of sexual assault that includes a $4.4 million fund to provide free legal representation for victims in applications by defence to subpoena their records.
“We must have laws in place that encourage victims of sexual assault to come forward,” Mr Hatzistergos said.
“That is why the Government will strengthen legal protections for victims of sexual assault and provide free legal representation for victims in these subpoena applications.
“We should be encouraging sexual assault victims to seek counselling after the offence has occurred. But if a victim of sexual assault fears that their personal counselling records, could be used against them in court, they may be reluctant to speak out or discouraged from seeking counselling.”
“These new laws will help shield victims from this sort of intimidation.”
Under the changes, sexual assault victims themselves will be given the automatic right to argue that their counselling records are ‘Privileged’ and therefore cannot be accessed by the defence.
Until now, it has usually been the record holder, such as a hospital, employer, school or government agency, who has had to stand up in court and oppose releasing the information.
Minister for Women, Jodi McKay, welcomed the new laws and the specialist free legal advice for victims of sexual assault.
“Victims of sexual assault need to be supported through the sometimes stressful court process and the free legal advice and new laws will provide that support,” Ms McKay said.
“They will also form a key part of the NSW Government’s Sexual Violence Prevention plan, which is currently being developed.”
Mr Hatzistergos said: “Specialist sexual assault counselling services and psychologists commonly assert Privilege over victims’ records, but other service providers are often unable or unaware of the need to do so.
“This reform ensures victims have a say in whether their confidential counselling records will be released.”
“It is vital that victims are not reluctant to come forward for fear their counselling records could be scrutinised in a court.”
The amendments to laws relating to Sexual Assault Communications Privilege, to be introduced into Parliament, will also extend the protection of Privilege to victims of sexual assault that occurred outside NSW.
NSW Rape Crisis Centre chief executive Karen Willis welcomed the moves to protect sexual assault victims when their counselling and medical records are subpoenaed.
“Too many times sexual assault victims suffer further humiliation when private information is used in trials,” Ms Willis said
“Some even withdraw their complaints under threat of public humiliation.”
“These victims need strong protections in the face of such of tactics and these improvements go a long way to provide that.”
Women’s Legal Services NSW (WLS) ran a 12 months pilot project that finished early this year to assist victims of sexual assault keep their counselling records confidential in sexual assault trials in the Downing Centre courts.
“Our pilot demonstrated how crucial legal representation is for sexual assault victims seeking to maintain the confidentiality of their counselling records, and highlighted the pressing need to strengthen legal and procedural protections for victims in NSW," WLS Principal Solicitor, Janet Loughman said.
“The proposed changes to legislation and the commitment to fund an independent specialist unit to provide representation is an excellent step to better support victims of sexual assault during the criminal trial process.
Mr Hatzistergos today also announced $4.4 million in funding over four years to establish an independent specialist unit to provide free legal representation to sexual assault victims asserting Privilege.
“The unit will provide specialist duty solicitors to represent sexual assault victims in Privilege matters,” he said.
“The unit will also be responsible for raising awareness of the changes to the law surrounding Privilege, particularly among the legal profession, government departments and organisations likely to receive subpoenas for the counselling records of sexual assault victims.”
Launch of report Family Violence – a National Legal Response [ 163kb]
Issued: 11 November 2010
Commonwealth Attorney-General, Robert McClelland and NSW Attorney General, John Hatzistergos have today launched the report Family Violence – A National Legal Response.
Mr McClelland and Mr Hatzistergos commissioned the report, co-authored by both the Australian and NSW Law Reform Commissions in 2009 to examine the interaction of Commonwealth, State and Territory laws relating to family violence and child protection.
“There are at least 26 different legal regimes around Australia that deal with family violence and this report makes a number of recommendations to improve practices and legal frameworks so that the legal responses to family violence are fair and just and the legal system is as seamless as possible,” Mr McClelland said.
“The safety of children is of critical importance in the family law system - family violence and child abuse cannot be tolerated, and this Report will inform our efforts to protect children from harm,” he said
Mr Hatzistergos said that perhaps one of the most important of the major reforms outlined in the report is the establishment of specialist Family Violence Courts.
In response to this, Mr Hatzistergos today announced that the Keneally Government is establishing a working group to examine the implementation of family violence courts in NSW. Mr Hatzistergos said the Group will include examining proposals to establish sexual assault courts throughout the State.
The Report makes a number of other recommendations to improve legal frameworks and practices across jurisdictions including:
- amending the Family Law Act to give Children’s Courts the same power as Magistrates Courts
- national reforms to sexual assault laws that give victims greater protections in court
- nationally consistent child protection reforms
- corresponding jurisdictions giving all courts dealing with violence protection orders the ability to continue dealing with family matters on an interim basis
- improving the quality and use of evidence, to make it easier for victims to have their stories heard in court
- the further development of Alternative Dispute Resolution.
Mr Hatzistergos said he was pleased to see that the Commissions had recognised that NSW has been leading the way when it comes to issues surrounding child protection and sexual assault, with its laws in these areas being singled out as a basis in the Report’s recommendations.
“We have to do all we can to stop victims of domestic and family violence falling through jurisdictional cracks in the legal system” Mr Hatzistergos said.
Mr McClelland and Mr Hatzistergos thanked both the Australian Law Reform Commission and the NSW Law Reform Commission for their work on this important subject.
The Government will consider the law reform commissions’ recommendations in detail, and will discuss the report with all State and Territory Attorneys-General when they meet next month.
Copies of this report will be available from the Australian Law Reform Commission at www.alrc.gov.au.
New laws provide equality for children born through surrogacy [ 32kb]
Issued: Thursday 11 November 2010
Parents of children born through surrogacy will be able to gain full legal recognition without resorting to adoption after the NSW Parliament today passed the state’s first stand-alone surrogacy laws.
NSW Attorney General, John Hatzistergos said the laws are largely based on national model provisions developed by the Standing Committee of Attorneys General and implemented recommendations of a NSW Parliamentary Committee on Law and Justice.
“Until now, the only way people with children born through surrogacy have been able to gain full parenting rights has been through adoption processes,” Mr Hatzistergos said.
“With a parentage order, couples will find it easier to enrol their surrogate child in school, make decisions about their health care and apply for a passport for them,” Mr Hatzistergos said.
The orders also ensure children born of surrogacy arrangements have access to a range of rights that would other otherwise be denied, such as inheritance and eligibility for compensation arising from their parents’ death or injury.
Mr Hatzistergos said the child’s best interests will be the court’s primary concern when determining a parentage order.
“As the surrogate child is too young to have a say in the arrangements, certain safeguards will be in place to help ensure they have a stable family life,” Mr Hatzistergos said.
“The court must be satisfied that the birth mother as well as the intended parents have received legal advice and counselling and have given their informed consent. The birth mother must also be at least 25 years of age at the time of entering into an agreement. ”
“The laws will be applied retrospectively to parents who are now lawfully raising children under the age of 18 if the court is satisfied that the arrangement was entered into prior to conception, was not a commercial arrangement and all parties consent to granting the order.”
Mr Hatzistergos said that while commercial surrogacy will remain illegal, the laws clarify altruistic surrogacy arrangements.
“While it will still be illegal to profit from surrogacy, the birth mother in an altruistic surrogacy will have a legal entitlement to be reimbursed for expenses such as medical care and counselling,” he said.
The President of the Law Society of NSW, Mary Macken, today said that the legislation would give children and parents greater certainty.
“This legislation will enable parentage issues in surrogacy arrangements to be resolved through a new parentage order,” Ms Macken said.
The new scheme will enable these parents direct access to the court and also provide them with a more appropriate court order that recognises the parental relationship which typically already exists between the applicants and the child.
“I especially welcome the fact that the new laws will clarify that commercial surrogacy arrangements are not lawful and not in the best interests of children,” Ms Macken said.
The Attorney General thanked all members who contributed to the debate on the Bill.
Review of compensation to relatives laws [ 35kb]
Issued: 3 November 2010
NSW Attorney General John Hatzistergos today announced Government would refer laws surrounding the payment of compensation to relatives to the NSW Law Reform Commission.
Mr Hatzistergos said some jurisdictions had enacted legislation to overrule the principle that compensation to a relative for pecuniary loss is reduced if general damages to the legal personal representative of the deceased have enlarged the estate and thereby increased the amount to be distributed to the relative from that estate.
“This principle is a long established one, originating in the United Kingdom under Lord Campbell’s Act in the 1800s and being upheld by the High Court in the case of Public Trustee v Zoanetti in 1945,” Mr Hatzistergos said.
“The Keneally Government is committed to ensuring that families are fairly compensated for their loss following the death of a loved one as a result of a negligent act of another.
“The reforms have been proposed to the Government by representatives seeking to better protect the interests of widows of asbestos victims, and the Government will respond with a detailed analysis of the law in this regard, looking not only at dust diseases claimants, but those of other persons who have died as a result of some other negligent conduct.
“Families of deceased workers deserve to know that the compensation regime operating in NSW is the best and fairest that it can be. By referring the area of law to the Law Reform Commission and seeking comment from stakeholders and the community, the Government will be in a strong position to move forward.”
The Commission will examine:
- the merits of amending the legislation to overrule the principle that compensation to a relative for pecuniary loss is reduced to the extent that general damages to the legal personal representative of the deceased have already increased the amount to be distributed to the relative from the deceased’s estate;
- if this amendment is recommended by the Commission, advise as to whether other legislative changes should be made or further economic modelling undertaken if it appears that, on a global basis, liabilities may be materially affected;
- in considering any amendment, have regard also to the equity implications, including in terms of fairness as between defendants and claimants and as between different categories of claimants; and
- to consider any related matters that the Commission thinks appropriate.
New standards for domestic violence behaviour change programs [ 32kb]
Issued: 2 November 2010
All behavioural change programs for male perpetrators of domestic violence will be required to operate according to strict minimum standards that force those involved to address their behaviour and make the safety of women and children each program’s highest priority.
The Keneally Government has today announced it is introducing a series of standards and guidelines as part of its $50 million Domestic and Family Violence Action Plan: Stop the Violence, End the Silence.
The minimum standards focus on implementing a coordinated approach in tackling men’s offending behaviour and ensure support for women and children while men are participating in a group program.
“There are a number of behavioural change programs operating throughout NSW, that do great work in rehabilitating violent men,” NSW Attorney General, John Hatzistergos today said.
“However, the development of these programs across NSW has been ad hoc, and as a consequence there is currently a range of programs that vary in their stated purpose, their understanding of domestic and family violence issues and their partnerships with local agencies.”
“Men’s groups are not forums for perpetrators of domestic violence to sit around sympathising with one another and feeling sorry for themselves,” Mr Hatzistergos said.
“The standards being introduced will ensure greater collaboration between providers and will raise the level of professional practice, credibility and accountability of programs across the State so that any threats to a partner’s safety are dealt with as well as rehabilitation.”
“This means that for the first time, program providers will be required to ensure that advice and assistance is made available to a victim whose partner is participating in the group, prior to and during the program, and must disclose to the victim if they believe they are in danger,” he said.
Mr Hatzistergos said the minimum standards will also require such measures that include:
- All group facilitators and partner support workers to be formally trained in domestic and family violence from a recognised education provider, and have knowledge of the criminal justice system including how Apprehended Domestic Violence Orders operate;
- Program providers to develop procedures that address risks to women and children, including regular and systemic monitoring and reporting of risks to safety, criminal acts and breaches of court orders;
- Program providers to develop formal relationships with local agencies such as the NSW Police Force, Community Services, Corrective Services NSW and other groups involved in the protection of domestic violence victims to deal with non -compliance issues;
- Behavioural change programs to have a duration of a least 24 hours over 12 weeks;
- Providers to have procedures for engaging participants which challenge them to acknowledge their abusive behaviour.
Co-ordinator of the NSW Domestic Violence Coalition, Betty Green, today welcomed the reforms.
“The NSW Minimum Standards for Men's Domestic and Family Violence Behaviour Change Group Programs is a welcome step in the right direction,” Ms Green said.
“The Minimum Standards ensure not only accountability and transparency but also that programs will be consistent in content and delivery methods, components which I believe will support the development of sector confidence in the integrity of the programs being offered,” she said.
Mr Hatzistergos said that the minimum standards and best practice guide will be introduced within twelve months, with behavioural change programs to be given additional time to adjust to the changes.
“They will apply to all group programs for male perpetrators of domestic and family violence, including programs run by government and non-government agencies in a community or custodial setting,” he said.
Mr Hatzistergos said compliance with the standards will be required for programs to receive government funding or referrals from government agencies.
“A comprehensive practice guide and workforce training will accompany the implementation of the minimum standards. A regulatory framework will also be established to ensure compliance to the minimum standards,” he said.
“An advisory group of Government and non-government services and program providers will provide input to the practice guide and training and advise the Department of Justice and Attorney General on implementation,” Mr Hatzistergos said.
Review of suspended sentences [ 39kb]
Issued: 31 October 2010
NSW Attorney General John Hatzistergos has referred suspended sentences to the NSW Sentencing Council for review, following an in-depth report that questioned the basis of their use.
“Suspended sentences were introduced as a punishment for crimes viewed serious enough to warrant imprisonment,” Mr Hatzistergos said. “However, a recent study has found that courts are instead using them to replace non-custodial sentences.”
“The review will examine the use of suspended sentences for offenders who would otherwise be given a bond
“Importantly, it will also consider the views of victims of crime, for which a suspended sentence can be a confusing outcome.”
A Bureau of Crime Statistics and Research (BOCSAR) study this year found that the use of suspended sentences is growing rapidly in NSW.
The study found that rather than being used as an alternative to imprisonment, they are frequently being used in place of sanctions such as community service orders.
Commenting on the findings, the Director of the Bureau, Dr Don Weatherburn, said: “This seems to run counter to the legislation governing the use of suspended sentences.
“Under the legislation governing their use, before imposing a suspended sentence a court must decide whether the crime warrants a sentence of imprisonment. Only if imprisonment is deemed to be appropriate can a judge or magistrate decide to suspend the prison term.”
The Sentencing Council will examine whether the use of suspended sentences is currently operating in accordance with section 12 of the Crimes (Sentencing Procedure) Act 1999.
The review will examine:
- Community attitudes and expectations about the use of suspended sentences;
- Whether the increased use of suspended sentences had had any direct effect on the use of other custodial and non-custodial sentence options;
- The extent suspended sentence expose persons to the risk of imprisonment who would not otherwise have been sentenced to imprisonment;
- The primary reasons behind judicial decisions to impose suspended sentences in preference to other sentence options, including
- Judicial attitudes to alternative sentences
- Availability of other options
- Increased maximum penalties
- Breaches of the conditions of suspended sentences, including the nature and response; and
- Options for reform.
A suspended prison sentence is a term of imprisonment that has been imposed by the court but suspended for the length of the sentence.
Offenders who are supervised by suspended sentences are permitted to remain in the community on the condition that they enter into an agreement of good behaviour and follow conditions set down by the court.
Suspended sentences are limited to occasions when the court has sentenced the offender to two years or less in custody.
They are one of many sentencing alternatives available to NSW Courts including full time imprisonment, intensive correction orders and home detention.
For more information visit www.lawlink.nsw.gov.au/sentencingcouncil.
Victims of violence spared trauma of committals [ 29kb]
Issued: 28 October 2010
The NSW Government today amended criminal laws to minimise the potential of victims of violent crime to be exposed to the trauma of courtroom confrontations with their attackers.
Attorney General John Hatzistergos said the amendments to the Criminal Procedure Act 1986 will ensure more victims of violent crime are afforded specific protections.
“The new laws expand the powers of our courts to allow victims of violent crime to be excused from attending committal hearings,” he said.
“They expand the definition of violent offences to include a number of offences where violence is but one of the elements of the offence.
“The practical effect of is that it allows magistrates the discretion not to direct alleged victims to attend committal hearings unless there are ‘special reasons’”.
“It means that victims of violent crimes, including aggravated break and enter and commit serious indictable offence, will now be afforded greater protection in our courts.
“Importantly, the change will ensure more victims of violent crime can be excused from attending committal proceedings and potentially being re-traumatised by coming face-to-face with their assailants.”
The Bill, which passed NSW Parliament today, followed a request from the Office of the Director of Public Prosecutions.
Mr Hatzistergos said the amendments also included changes to the Child Protection (Offenders Registration) Act 2000 to reflect recent changes to Commonwealth laws.
“The reforms will strengthen the child protection regime in NSW,” he said.
“The reforms ensure that the pool of offences which result in an offender being listed on the NSW Child Protection Register continue to include Commonwealth offences relating to child sex tourism, following Commonwealth reforms."
New DVD informs African communities about NSW law [ 30kb]
NSW Attorney General John Hatzistergos will today launch a DVD that will help African communities understand the law and how it can assist them.
“This new resource will assist African communities adjust to our legal system, which is vastly different to customary law systems used in countries such as Sudan and Somalia,” said Mr Hatzistergos.
The DVD, titled The Law and You: Legal Information for African Communities in NSW, explains a range of court and other legal processes, including:
- how to obtain an Apprehended Violence Order
- what to do if you are a victim of racism or discrimination
- services available for victims of crime
- options for addressing money or debt issues.
The DVD is available in English and seven emerging African languages, including Arabic (classical), Amharic, Dinka, Juba Arabic, Kiswahili, Krio and Somali. Free copies will be available at the launch in Parliament House or can be ordered from: www.lawlink.nsw.gov.au/diversityservices
Mr Hatzistergos said the Department of Justice and Attorney General developed the DVD in consultation with African communities from around Sydney.
“The department’s consultations revealed that many members of Sydney’s African communities were unsure of their rights and did not know how to get legal assistance,” Mr Hatzistergos said.
Member for Blacktown Paul Gibson said the Keneally Government was providing support and funding for a number of initiatives aimed at demystifying the law for African communities, reducing their sense of alienation and creating a more harmonious society.
“One initiative involves law students from the University of Western Sydney who are operating a new court support program for the Sudanese community at Blacktown Courthouse,” Mr Gibson said.
He said the department also employs an emerging communities liaison officer and runs a free legal information service, Law Access. Calls to LawAccess from multicultural community members increased by 34% in 2009. People can talk to LawAccess NSW with the assistance of an interpreter, by dialling 131 450.
Circle Sentencing begins in Moree [ 30kb]
Issued: 27 October 2010
The innovative Circle Sentencing program, which gives Aboriginal Elders a say in the sentencing of Aboriginal offenders began in Moree today, NSW Attorney General John Hatzistergos and Country Labor Duty MLC for Barwon, Christine Robertson announced today.
Last month the Keneally Government announced that Circle Sentencing, which operates at 10 locations throughout NSW, will be introduced to Moree, Ulladulla, Wellington, Blacktown and Coonamble.
The expansion is in response to calls made by Aboriginal Community Justice Groups as part of a series of forums held in Sydney, Coffs Harbour and Dubbo late last year to discuss a range of criminal and civil justice issues.
“Unlike conventional sentencing processes, Circle Sentencing requires Aboriginal offenders to discuss the impact of their crime with an intimate circle that includes respected Elders, a Magistrate and often a victim,” Mr Hatzistergos said.
“It has been identified as an extremely important program by Aboriginal Community Justice Groups because it breaks down barriers between the justice system and Aboriginal communities,” Mr Hatzistergos said.
“It takes suitable offenders out of the traditional courtroom setting and into the community, where the offender, their peers, the victim, members from the Aboriginal Community Justice Group and the Magistrate sit in a circle to determine a rehabilitation plan and provide advice on sentencing.
"This sentencing process, while delivering outcomes consistent with those of conventional court, can have a more profound impact on Aboriginal offenders because it addresses the underlying causes of the offending,” Mr Hatzistergos said.
Magistrate Michael Holmes who introduced Circle Sentencing in Armidale in 2005 is involved in the Moree Circle.
“I’ve been in the workforce for nearly 40 years and Circle Sentencing has been the most rewarding thing that I’ve done,” Magistrate Holmes said.
“The program is breaking down a lot of barriers between the local Aboriginal community and the judicial system.
“I am certain that Circle Sentencing will have positive outcomes for the whole community.”
Moree’s Aboriginal Community Justice Group is also assisting in the operation of the new Circle Sentencing program.
Circle Sentencing began in Nowra in 2002 and also currently operates in Dubbo, Walgett, Brewarrina, Bourke, Lismore Armidale, Kempsey, Nambucca and Mount Druitt.
New Circles will begin operating in Ulladulla, Wellington, Blacktown and Coonamble. within the next three months.
More than 500 circle sentences have been held over the last five years in NSW, including 142 last year.
Report on death of unborn child laws [ 31kb]
Issued: 27 October 2010
A retired Supreme Court judge has recommended the NSW Government consider compensating women who lose their unborn child as a result of a criminal act.
The NSW Government appointed the Honourable Michael Campbell QC to review NSW laws involving the deaths of unborn children, following an incident in which a Central Coast woman lost her unborn child after being hit by a vehicle which left the road.
The motorist has been charged with multiple offences, including aggravated dangerous driving causing grievous bodily harm.
NSW Attorney General John Hatzistergos today released the review of laws relating to criminal actions that result in the death of an unborn child.
“Brodie Donegan and Nick Ball faced a great personal tragedy which, through no fault of their own, resulted in the death of their unborn child,” Mr Hatzistergos said.
“After the incident, the Government appointed the Honourable Michael Campbell QC to undertake a review of laws to determine if current offences allow the justice system to respond appropriately.
“The Campbell Report concludes that the current offence provisions and sentences do allow the justice system to respond appropriately to criminal behaviour that leads to the death of a foetus.
“For example, as a result of the 2005 legal change known as “Byron’s Law”, a person who deliberately inflicts grievous bodily harm upon a pregnant woman, causing the destruction of a foetus, faces 25 years in jail – the same maximum as manslaughter.
“The severity of the sentence gives recognition to the trauma suffered by expectant mothers who lose an unborn child as a result of being a victim of crime.”
The Report has recommended consideration be given to:
- amending the Victims Support and Rehabilitation Act 1995 t to include the loss of a foetus so as to provide for compensation to victims who lose an unborn child as a result of a criminal act; and,
- establishing a scheme to provide for the payment of the funeral costs of a stillborn child, in certain circumstances, lost as a result of a criminal act.
The Government has given its in principle support to both recommendations.
“According to the Review, the first would ensure that a woman who loses a foetus as a result of criminal conduct could receive victims’ compensation without the need to establish psychological injury” Mr Hatzistergos said.
The report can be obtained from the Department of Justice and Attorney General’s website www.lawlink.nsw.gov.au/clrd
New laws provide equality for children born through surrogacy [ 21kb]
Issued: 22 October 2010
The Keneally Government last night introduced the state’s first stand-alone surrogacy laws which will for the first time provide a regime for parents of children born through surrogacy to gain full legal recognition.
NSW Attorney General, John Hatzistergos today said that under the proposed laws couples will be allowed to enter into overseas surrogacy arrangements and apply for parentage orders, provided it is not a commercial arrangement.
The laws are largely based on new national model provisions developed by the Standing Committee of Attorneys General.
“Until now, the only way people with children born through surrogacy have been able to gain full parenting rights has been through adoption processes,” Mr Hatzistergos said.
“With a parentage order, couples will find it easier to enrol their surrogate child in school, make decisions about their health care and apply for a passport for them,” Mr Hatzistergos said.
The orders will also ensure children born of surrogacy arrangements have access to a range of rights that would other otherwise be denied, such as inheritance and eligibility for compensation arising from their parents’ death or injury.
Mr Hatzistergos said the child’s best interests will be the court’s primary concern when determining a parentage order.
“As the surrogate child is too young to have a say in the arrangements, certain safeguards will be in place to help ensure they have a stable family life,” Mr Hatzistergos said.
“The court must be satisfied that the birth mother as well as the intended parents have received legal advice and counselling and have given their informed consent. The birth mother must also be at least 25 years of age at the time of entering into an agreement. ”
“The laws will be applied retrospectively to parents who are now lawfully raising children under the age of 18 if the court is satisfied that the arrangement was entered into prior to conception, is not a commercial arrangement and all parties consent to granting the order.”
Mr Hatzistergos said that while commercial surrogacy will remain illegal, the proposed laws will also clarify altruistic surrogacy arrangements.
“While it will still be illegal to profit from surrogacy, the birth mother in an altruistic surrogacy will have a legal entitlement to be reimbursed for expenses such as medical care and counselling.”
Labor Party members will have a conscience vote on the Bill.
Neighbourhood dispute resolutions become legally binding [ 30kb]
Issued: 21 October 2010
People who resolve disputes through the NSW Government’s free community mediation service will now be able to choose to make their agreements legally enforceable, Attorney General John Hatzistergos announced today.
The Keneally Government’s Community Justice Centres Amendment Bill 2010 passed through the NSW Parliament last night unopposed and now allows agreements to be legally binding should both parties agree.
“Free community mediation services are fast growing in popularity because they are a faster, more efficient way of resolving disputes without the need to go to court,” Mr Hatzistergos said.
“The growth in demand for the services has corresponded with calls for parties to be able to make the agreements legally binding. Under previous laws, the agreements could only be made in ‘good faith’,” he said.
“While the terms of agreements are generally honoured by the parties, Community Justice Centres have reported an increasing demand from parties, particularly in court-ordered mediations, to make an agreement that could be enforced in court if necessary.”
The amendments have removed the current bar in the Community Justice Centres Act preventing enforcement. Parties will now have the option of reaching an agreement which, if necessary, could be enforced in court.
“The new option will improve the effectiveness of Community Justice Centres and broaden the appeal of the service, particularly to parties who are seeking a legally enforceable resolution but do not want to go to court,” Mr Hatzistergos said.
Figures recently released by the Department of Justice and Attorney General show the free mediation services are growing in popularity.
In 2009/10, NSW Community Justice Centres opened files in relation to almost 5,000 disputes, up more than 60% from 3,000 the previous year.
The centres conducted a total of 1725 mediations in the 2009/10 year, a 7% increase on the previous year’s figures of 1612.
Of those mediations, 81% resulted in an agreement, up from 79% the previous year.
“The settlement rate of more than 80 per cent is exceptional and I would like to commend the professionalism of the staff of the Community Justice Centres,” Mr Hatzistergos said.
Public invited to comment on class action reforms [ 30.4kb]
Issued: 21 October 2010
NSW Attorney General John Hatzistergos today invited public feedback on proposed laws to clarify the rules for Class Actions, the process in which a large number of people with similar claims join together to sue a person or organisation.
The Civil Procedure Amendment (Supreme Court Representative Proceedings) Bill, available from today for public consultation, is modelled on a federal Class Action regime that has been successfully operating since 1992. Similar laws also exist in Victoria.
“Class Actions can improve access to justice, particularly for people with a legitimate claim who can’t afford the cost of fighting a case on their own,” Mr Hatzistergos said.
“Clear and comprehensive laws on class actions in NSW will create uniformity across Australia’s major commercial courts, reducing uncertainty for litigants and helping to minimise the length and cost of hearings,” he said.
The NSW Bill also makes improvements recommended in the Victorian Law Reform Commission’s 2008 Civil Justice Review and the Commonwealth Attorney-General’s Department’s 2009 Access to Justice Report.
“The Bill will give the Supreme Court the power to make orders relating to the establishment and administration of a fund to deal with unclaimed damages, or damages which can not be practicably distributed to group members.”
“This will enable these damages to be put to their ‘next best’ use and distributed to a charity or a public interest beneficiary rather than being returned to the party or company that was sued,” Mr Hatzistergos said.
“Prospective litigants should also consider Alternative Dispute Resolution, which can be a more simple and cost effective way of settling grievances.”
The NSW Government also invites comments on whether new laws or rules are required to deal with the growth of the litigation funding industry in NSW.
Litigation funding companies enter into commercial arrangements with plaintiffs to pay their court costs in exchange for an agreed percentage of damages if the case is successful.
The Civil Procedure Amendment (Supreme Court Representative Proceedings) Bill and a discussion paper are available at: http://www.lawlink.nsw.gov.au/lawlink/legislation_policy/ll_lpd.nsf/pages/lp_index. Submissions on the Bill can be emailed to lpd_enquiries@agd.nsw.gov.au up until 10 November 2010.
Joint statement by the NSW Attorney General and Director of Public Prosecutions (regarding notification of progress in R v Elphick) [ 27kb]
Issued: 18 October 2010
We extend our sympathies to the young women concerned and regret that events occurred as they did.
We are both committed to ensuring NSW has a first class prosecution service that provides high quality support to victims and witnesses and constantly seek the most effective ways of doing that.
There is currently a system being implemented that will enable information to be automatically transferred to other justice agencies as it is recorded by the court.
This will remove the need for other staff to manually enter it and prevent the gap in knowledge that occurred in this case.
The Office of the Director of Public Prosecutions (ODPP) is also discussing with Police in the meantime better ways of transferring information to victims and witnesses.
We are also developing proposals for additional resources for the next year’s ODPP budget that will assist in providing greater support for prosecution lawyers.
Attorney General re-visits ancient Greek history growing in Dubbo [ 80kb]
Issued: 18 October 2010
NSW Attorney General and Minister for Citizenship, John Hatzistergos last week made a visit to Dubbo to inspect the descendant of Hippocrates’ teaching tree.
Mr Hatzistergos visited the University of Sydney’s School of Rural Health in Dubbo to see the tree which he planted in 2005 as Health Minister.
“The famous plane tree of Hippocrates still grows on Kos and according to tradition it was planted by Hippocrates who taught students of medicine in its shade,” Mr Hatzistergos said.
“In 2005, the University joined with the local Greek community in celebrating medicine's teaching tradition and planting a sapling taken from Hippocrates’ teaching tree in Kos.
“Hippocrates, the father of modern medicine, was born on the island of Kos between 470 and 460BC. Students of medicine still take the Hippocratic Oath today.
“I congratulate Professor Bruce Harris, along with others from the University, for instilling in the students of medicine a sense of ancient tradition and their role in having the tree planted at the school.”
Mr Hatzistergos said he also met with representatives from the Greek Orthodox Church, The Lady of Myrtles, in Dubbo to discuss the tremendous work of the local community.
Amongst them were parish priest, Rev. Fr. Dimitrios Giameos the President of the Committee, Mr Emmanuel Samios and other Committee members, Mr Con Raptis and Mr Peter George
“Greek-Australians in Dubbo are a vibrant community that continues to celebrate its faith and traditions, forming an integral part of New South Wales’ multicultural mosaic,” Mr Hatzistergos said.
A further 10 courts upgraded in NSW Supreme Court [ 21kb]
Issued: 15 October 2010
A $94 million upgrade of the Supreme Court of NSW at Sydney’s Queens Square is making the court more accessible to the public and boosting its capacity to host large and complex cases, NSW Attorney General John Hatzistergos announced last night.
Mr Hatzistergos joined NSW Chief Justice James Spigelman last night at a ceremony to mark a significant milestone in the project; the completion of renovations of levels 7 and 12 of the Law Courts Building.
“Ten courtrooms across the two levels have undergone comprehensive makeovers and are now appointed with world class audio visual technology and modern furnishings,” Mr Hatzistergos said.
“Three of the courtrooms are also compatible with E-Court – a service that enables practitioners at the bar table to view real-time transcripts of proceedings on their laptop computers.”
The Court of Appeal and the Equity Division of the Supreme Court will be the primary users of the refurbished courtrooms.
The centrepiece of the project is a 245 square metre appeals court, capable of accommodating five judges at the bench, 38 legal practitioners at the bar table and 30 people in the public gallery.
“This is now one of the biggest courts in the complex after being enlarged to cater for complicated matters involving multiple parties and can be reconfigured to provide more public seating in high profile cases,” Mr Hatzistergos said.
Matters of significant public interest will be broadcast on a television screen in the public area on level 12 and transmitted to the media room of the Law Courts complex.
“Open justice is a central pillar of our legal system and the renovations will make the Supreme Court more accessible,” Mr Hatzistergos said.
Interview rooms for the legal profession, waiting areas and public amenities have also been improved on levels 7 and 12.
Work will begin this month on the upgrade of facilities on levels 8 and 11 of the Law Courts Building. All 10 floors occupied by the Supreme Court will be refurbished as part of the $94 million project, which is due for completion in 2013/14.
In addition, a new President’s Court has been built on level 12 for appeal hearings.
Help at court for victims of domestic violence in Dubbo [ 21kb]
Issued: 14 October 2010
Women who are victims of domestic violence in Dubbo will have access to free legal representation to obtain Apprehended Domestic Violence Orders as part of the roll-out of the Domestic Violence Practitioner Scheme at Dubbo Local Court.
The Domestic Violence Practitioner Scheme is part of the NSW Government’s $50 million Domestic and Family Violence Action Plan Stop the Violence, End the Silence.
NSW Attorney General John Hatzistergos and Minister for Women, Jodi McKay together with the Member for Dubbo, Dawn Fardell today announced that the NSW Government is investing $300,000 over five years to expand the scheme to Dubbo.
Mr Hatzistergos said that under the scheme, a panel of specially trained lawyers will assist women in court to obtain Apprehended Domestic Violence Orders (ADVOs) against their attackers.
“The new lawyers will work with the Women’s Domestic Violence Court Advocacy Service, bringing together critical legal and social support for victims of violence and their children,” Mr Hatzistergos said.
“Financial abuse is also a part of domestic violence and this scheme is helping women who may not be able to afford legal representation or qualify for Legal Aid get an ADVO,” he said.
Mr Hatzistergos said that having specialist lawyers at Dubbo Local Court on AVO list days means that women are more likely to obtain a final order for their protection at their first court date and receive advice when they are at their most vulnerable.
Visiting the region, Mr Hatzistergos together with Ms Fardell met today at Dubbo Local Court with the Western Women’s Domestic Violence Court Advocacy Service who will work closely with the scheme.
Nichole Blackhall, Coordinator of the Western Women’s Domestic Violence Court Advocacy Service welcomed the new funding for a specialist domestic violence lawyer for Dubbo Local Court.
“Victims of this sort of crime need all the support and representation that can be given to them and this announcement paves the way for better legal representation for women in the area who experience domestic violence,” Ms Blackhall said.
The new lawyers will also be able to assist women attending court with other related legal issues that often go hand in hand with domestic violence such as Family Law, Victims Compensation and Children’s Care and Protection matters.
Ms McKay said domestic violence is an abhorrent crime and victims need the right support to break the cycle of violence.
“Expanding the scheme to Dubbo will ensure women in the region have access to legal assistance and local advocacy for domestic violence issues.”
The scheme currently operates at 17 other courts throughout the State. A copy of the Domestic and Family Violence Action Plan is available at www.women.nsw.gov.au
Help at court for victims of domestic violence in Parramatta [ 21kb]
Issued: 12 October 2010
Women who are victims of domestic violence in the Parramatta area will have access to free legal representation to obtain Apprehended Domestic Violence Orders as part of the roll-out of the Domestic Violence Practitioner Scheme at Parramatta local court.
The Domestic Violence Practitioner Scheme is part of the NSW Government’s $50 million Domestic and Family Violence Action Plan Stop the Violence, End the Silence.
NSW Attorney General John Hatzistergos and Minister for Women, Jodi McKay together with the Member for Parramatta, Tanya Gadiel today announced that the NSW Government is investing $300,000 over five years to expand the scheme to Parramatta
Mr Hatzistergos said that under the scheme, a panel of specially trained lawyers will assist women in court to obtain Apprehended Domestic Violence Orders (ADVOs) against their attackers.
“The new lawyers will work with Parramatta Local Court and the Macquarie Women’s Domestic Violence Court Advocacy Service, bringing together critical legal and social support for victims of violence and their children,” Mr Hatzistergos said.
Ms Gadiel said that having specialist lawyers at Parramatta Local Court on AVO list days means that women are more likely to obtain a final order for their protection at their first date.
“Financial abuse is also a part of domestic violence and this scheme is helping women who may not be able to afford legal representation or qualify for Legal Aid get an ADVO. This is a welcome initiative for our area,” Ms Gadiel said.
Mr Hatzistergos together with Ms Gadiel today met with the Macquarie Women’s Domestic Violence Court Advocacy Service who will work closely with the scheme.
Bridget Purcell, Coordinator of the Macquarie Women’s Domestic Violence Court Advocacy Service welcomed the new funding for a specialist domestic violence lawyer for Parramatta.
“Women who experience domestic violence need all the support that can be given to them to get out of these awful situations and move on with their lives,
“This announcement paves the way for better legal representation for women in Parramatta who experience domestic violence,” she said.
The new lawyers will also be able to assist women attending court with other related legal issues that often go hand in hand with domestic violence such as Family Law, Victims Compensation and Children’s Care and Protection matters.
Ms McKay said domestic violence is an abhorrent crime and victims need the right support to break the cycle of violence.
“Expanding the scheme to Parramatta will ensure women in the area have access to legal assistance and local advocacy for domestic violence issues.”
The scheme currently operates at 17 other courts throughout the State. A copy of the Domestic and Family Violence Action Plan is available at www.women.nsw.gov.au
Monday, October 11 2010
Strenthening victims' consultation in charge negotiations [ 22kb]
Issued: 11 October 2010
NSW Attorney General, John Hatzistergos today announced the Keneally Government will introduce new certification requirements that will strengthen the existing process of consultation with victims of crime in cases involving charge negotiations.
The reforms would help ensure victims are properly consulted and get a fair say when offenders plead guilty.
“Following charge negotiations, prosecutors will need to provide the court with a signed certificate to verify that the victim was consulted on the agreed statement of facts submitted to the court during sentencing,” he said.
The reform will also require the prosecutor to certify that in his opinion the statement is a fair and accurate account of the level of the offender’s criminality.
This will help ensure that sentences are not watered down because the statement of facts on which the court is basing its judgment does not represent the full seriousness of the crimes committed by the offender.
The certificate will need to be signed by the prosecutor in charge of the case after consultation with the victim.
The Government will also implement the Sentencing Council recommendations that, in cases where it has not been possible for the prosecutor to consult with the victims or their family, the certificate must note the reason why no consultation has taken place.
This will ensure that in situations where it is unreasonable to consult with victims, for instance if they have asked not to be contacted, the prosecutor will not be in breach of the law but at the same time must be accountable to the court for the reasons why.
The Government will amend the Crimes (Sentencing Procedure) Act 1999 to introduce these new requirements. The move comes after widespread consultation with victims of crime, the Director of Public Prosecutions and the heads of the judiciary on a NSW Sentencing Council Report released late last year.
The report, Reductions in Penalties at Sentence, led by former Supreme Court Justice Hon. James Wood AO QC, was commissioned by the NSW Government to ensure victims were properly consulted on any charge negotiations.
The Director of Public Prosecution Guidelines require that victims be consulted on charge negotiations. The current reforms will further strengthen these requirements and build in safeguards for victims of crime.
New bail laws released for public comment [ 85kb]
Issued: 13 October 2010
The NSW Government today released new draft bail laws, rewritten in plain English, which for the first time set out clear objectives for making bail decisions.
“The new laws will make it clear the objects of bail are to ensure defendants turn up to court, to protect the community and to prevent any interference with the course of justice,” Attorney General John Hatzistergos said.
Mr Hatzistergos said the Government would now seek the community’s feedback on the draft laws, along with 21 other recommendations outlined in a major review of the state’s bail system.
“The NSW Bail Act has undergone 16 major amendments in 25 years,” he said.
“While these changes have better focussed the Act on protecting the community from dangerous and repeat offenders, the sheer number of amendments has made bail laws complex and difficult to follow.
“A Bail Act that is clear and simple to navigate will allow police to devote more time to frontline duties, assist the judiciary to consistently apply the laws and make it easier for victims and defendants to understand the process.”
The review has also proposed trialling a system of electronic monitoring, or “e-bail” or “e-remand”.
“Systems of electronic monitoring of accused persons are now in place in the United Kingdom, the United States, Canada, New Zealand and some states in Australia,” he said.
“While it appears to have operated as an effective alternative to imprisonment elsewhere, the Government first wants to listen to what the public has to say.”
Electronic monitoring is currently utilised by NSW Corrective Services as part of temporary and post-release orders.
The recommendations of the Bail Act Review include:
• Providing clearer information to defendants, including juveniles, about their right to their bail decision or conditions reconsidered;
• Developing a ‘bail checklist’ to protect victims of domestic violence;
• Rewriting court documents to make them easier to understand, especially for children and other defendants with special needs; and
• Improving opportunities for Indigenous people to have a greater input into the bail process.
Mr Hatzistergos said while the review had not recommended changes to section 22A of the Bail Act - which places limits on the making of repeat bail applications – a new section 24 would allow those refused bail to re-apply to a higher court.
“The Government has only recently changed the law to clarify that defendants can make a fresh application for bail in the same court if they have new information to bring forward,” he said.
“The proposed new section 24 will make it clear that section 22A does not prevent a person from applying for a new bail hearing in a higher court if they are unhappy with a lower court’s bail decision.”
Supreme Court Judge Megan Latham will chair a roundtable of prosecutors, defence lawyers, police, victims’ representatives and other experts to advise whether further changes to the bail system are required.
The Review and new draft Bail Act are available at www.lawlink.nsw.gov.au/clrd. Public submissions close on Wednesday 27 October.
A ‘perfect 10’ for marriages this Sunday 10/10/10 [ 107kb]
Issued: 6 October 2010
NSW Attorney General John Hatzistergos said more than 100 couples will tie the knot at Birth, Deaths and Marriages Registries this Sunday, which falls on the date of October 10, 2010.
“Only once in a hundred years can couples tie the knot on the special date 10/10/10,” Mr Hatzistergos said.
“This Sunday will be the “Perfect 10” for couples wanting a special date to say their vows.
“It will be the busiest day ever for weddings held at Registry offices in NSW breaking all records since it opened in 1856.
“The date has been so popular with couples the Registry has been taking bookings since over a year ago.”
Mr Hatzistergos said this Sunday will set a new record for the most number of weddings on one day with a total of 106 couples to wed at Registry of Birth, Deaths and Marriages offices in Sydney, Parramatta and Newcastle.
“Special dates are always very popular for weddings but not since 08/08/08, when 96 couples wed, have we seen marriage Registries experience such extraordinary demand on one day,” he said.
“It has even exceeded Valentine’s Day as one of the most popular days to wed.
“Registry staff have been working very hard to accommodate all the couples, hiring extra venues and booking as many celebrants and ushers as possible.
“It has even extended its opening hours so it can hold ceremonies right through from early morning to sunset.
“Some of the highly sought after time slots requested by couples were: 10 mins to 10, 10:00am and 10:10am.
“One of the lucky brides picked the special date as it is her birthday.”
Mr Hatzistergos said brides and grooms are increasingly opting to get married in civil ceremonies.
“They are a simple yet elegant option,” he said.
Figures show civil ceremonies are now almost twice as popular as church weddings, confirming a trend that began in 2002.
Civil ceremonies overtook religious ceremonies then, with 17,613 church services compared with 18,192 non-church weddings.
Last year, the trend continued with 25,718 weddings conducted by civil celebrants compared with 14,966 religious ceremonies in NSW.
Civil celebrants conducted 63 per cent of all NSW marriages in 2009, an increase of 15 per cent from 1999, when it was 48 per cent.
Registry offices are in Chippendale, Parramatta, Wollongong and Newcastle. Charges range from $320 to $420.
To find out more about getting married at the Registry, call 1300 655 236 or visit www.bdm.nsw.gov.au
Facts and figures at a glance
- 106 couples will marry across Parramatta, Chippendale and Newcastle (35 at Parramatta, 65 at Chippendale and 6 at Newcastle).
- Sunday, October 10, 2010 will be the busiest day ever for weddings held at Registry offices in NSW breaking all records since it opened in 1856.
- Not sine 08/08/08 has the Registry experienced such a busy day when 96 couples were married.
- Some special time slots requested by couples have been: 10 mins to 10, 10:00am and 10:10am. One bride particularly picked the date as it her birthday.
- The Registry of Births, Deaths and Marriages has hired extra venues, booked as many celebrants and ushers as possible and extended its opening hours to hold ceremonies from dawn till dusk.
- As a special 10/10/10 gift, each couple will receive a nickel/silver finish engraved photo frame as a memento of their special day.
- The most popular time for Registry wedding is traditionally the October long weekend. Valentine’s Day is also a very popular date.
- In the 2009 calendar year, there were 40,684 weddings in NSW, with 25,718 civil ceremonies and 14,966 religious ceremonies.
Source: Registry of Births, Deaths and Marriages NSW
Criminals to face up to their victims as part of new sentencing option for Central Coast courts [ 75kb]
Issued: 30 September
Criminals could come face-to-face with their victims as part of a new sentencing option to become available to magistrates on the Central Coast from November, NSW Attorney General John Hatzistergos announced today.
“This Forum Sentencing program involves offenders coming face to face with the victims of their crimes and confronting the consequences of their criminal behaviour,” Mr Hatzistergos said.
“Importantly, it also gives victims of crime and their families a say in the process of justice.”
Mr Hatzistergos said the Forum Sentencing program is an innovative court program that gives victims a direct role in how offenders are punished.
“As part of the program, offenders attend a Forum with their victim, support people, a police officer, others affected by the crime, and a facilitator to discuss the impact of their crime and agree to an intervention plan,” he said.
“Offenders can then be ordered to apologise, pay compensation, perform community work, or undertake rehabilitative treatment as part of an Intervention Plan approved by a court in sentencing.”
Member for Gosford Marie Andrews said the NSW Government has budgeted $5.5 million this year for the expansion of Forum Sentencing to 24 new locations around the State including its introduction on the Central Coast.
“The NSW Government is supporting the establishment of Forum Sentencing on the Central Coast to be based at Gosford Local Court,” Marie Andrews said.
“This will empower local magistrates to give victims of crime a greater say in how criminals are brought to justice.
“It will also see more perpetrators of crime face up to the damage they have caused and the often far-reaching impact their crimes have had on the community.”
The NSW Government’s investment of $5.5 million over this financial year will fund the expansion of Forum Sentencing to an additional 24 courts around the State. It is currently available at 13 locations around NSW.
Parliamentary Secretary for the Central Coast and Member for Wyong David Harris said the Central Coast will become the next region to have access to this innovative justice delivery program including referrals from Gosford, Wyong and Woy Woy Courts.
“I have been a strong supporter of this innovative justice program and I am pleased to be able to deliver it for the local community on the Central Coast,” Mr Harris said.
“By making more criminals understand the consequences of their crimes, we can help them make positive choices and turn away from a life of crime.”
“This innovative sentencing option for offenders has had an enormous amount of backing with particularly high levels of satisfaction among victims according to research from the NSW Bureau of Statistics Crime and Research.”
Forum Sentencing is a program that brings together an offender, their victim(s), and other people affected by a crime at an “in-the-round” forum together with the charging police officer and a specially trained forum facilitator.
The aim is to help repair harm to the victim and the community. It also gives an offender the opportunity to learn about the impact of their behaviour on victim and other people. Courts can refer eligible offenders to the Forum Sentencing program and formally sentence offenders after it has taken place. Offenders may only be eligible if they meet certain criteria, are suited to the program and face a prison sentence. Serious offenders - such as those guilty of sexual offences - are specifically excluded.
Circle sentencing program to be expanded across NSW [ 33kb]
Issued: 30 September
A groundbreaking program that enables Aboriginal Elders to take a leading role in the sentencing of Indigenous offenders is being expanded across NSW.
The Keneally Government today announced that Circle Sentencing which currently operates at 10 locations throughout NSW will be introduced to Moree, Ulladulla, Wellington, Blacktown and Coonamble.
The expansion is in response to calls made by Aboriginal Community Justice Groups as part of a series of forums held in Sydney, Coffs Harbour and Dubbo late last year to discuss a range of criminal and civil justice issues.
In launching the expansion, NSW Attorney General, John Hatzistergos, Minister for Aboriginal Affairs, Paul Lynch and Member for Blacktown, Paul Gibson this week met with representatives of the Mount Druitt Aboriginal Community Justice Group at Blacktown Courthouse to discuss the program.
“Circle Sentencing has been identified as an extremely important program by Aboriginal Community Justice Groups because it breaks down barriers between the justice system and Aboriginal communities,” Mr Hatzistergos said.
“It takes suitable offenders out of the traditional courtroom setting and into the community, where the offender, their peers, the victim, members from the Aboriginal Community Justice Group and the Magistrate sit in a circle to determine a rehabilitation plan and provide advice on sentencing.
“By involving the Aboriginal community in the justice process, the program directly connects Elders to justice outcomes and ensures support is offered to offenders by members of the community,” he said.
Minister for Aboriginal Affairs Paul Lynch said the circle sentencing program was an example of the Government working in partnerships with Aboriginal communities.
“The only way we can make meaningful inroads into closing the gap is by listening to Aboriginal communities and involving Aboriginal people in the delivery of programs and services,” Mr Lynch said.
Mr Hatzistergos said more than 500 circle sentences have been held over the last five years in NSW, including 142 last year. This year, to August, there have been 70 Circles.
Mr Hatzistergos said the Circle Sentencing program was evaluated in 2008 by the Cultural and Indigenous Research Centre Australia.
“Since then a number of steps have been taken to improve the program particularly by way of implementing intervention plans that help offenders tackle their behaviour, thereby enhancing the long-term effectiveness of Circle Sentencing in addressing recidivism,” he said.
Project Officer of Mount Druitt Circle Sentencing, and Indigenous community member, Maree Jennings today welcomed the expansion of the program to new locations throughout NSW.
“I have seen how isolated people can be in their disadvantage and I have also seen first-hand how this program establishes a relationship between offenders and Aboriginal Elders so that they are linked back to the community and programs that can help them,” Mrs Jennings said.
“This program makes offenders accountable to their community and face the consequences of their crime,” she said.
Mr Gibson also commended the initiative saying the program would benefit members of the community and help them get back on the right track.
Circle sentencing currently operates in Nowra, Dubbo, Walgett, Brewarrina, Bourke, Lismore Armidale, Kempsey, Nambucca and Mount Druitt. The new Circles will begin operating within the next three months.
The new locations will receive support and expertise from existing Circle Sentencing programs in nearby regions and from local Aboriginal Community Justice Groups.
NSW limits sentence discount for sex offenders and other criminals [ 28kb]
Issued: 28 September 2010
Sex offenders banned from working with children will no longer be able to seek sentence discounts for extra punishment suffered as a result of the ban.
Attorney General John Hatzistergos today announced the change as part of a package of significant reforms to the process of sentence discounts in NSW designed to ensure offenders do not receive excessive discounts.
“These important reforms enshrine in law that a discount must not result in a sentence that is ‘unreasonably disproportionate’ to the serious nature of the crime,” he said.
“Discounts for ‘hardship’ are to be given only where the evidence shows they are warranted, not in instances where an offender’s apparent suffering is a consequence of their appalling criminal behaviour.”
Another major change will be to ensure that no discounts are given for offenders because their assets have been confiscated as proceeds of crime.
“Criminals, many of whom may have accumulated their ill-gotten gains through organised crime, don’t deserve to get a discount on their sentence because their proceeds of crime have been seized,” Mr Hatzistergos said.
The reforms will ensure:
- no discounts for sex offenders because they are a listed prohibited person under Child Protection laws that ban them from working with children; and
- no discounts for offenders because their assets have been confiscated as proceeds of crime.
Mr Hatzistergos also endorsed the Sentencing Council’s finding that any presumption that offenders would suffer “hardship” because of their assistance to authorities was largely unwarranted because of improvements to correctional facilities and procedures.
“Courts have traditionally presumed that offenders who ‘roll over’ do it tougher on the inside, but the modern reality of our prison system dictates that this is not always the case.”
The case law has now come down against a presumption of harsher circumstances due to protective custody and instead the accused is required to prove to the court that he will be facing more difficult conditions in custody.
The Government will provide judicial education and information to judges from Corrective Services with details of the actual conditions faced by offenders in the correctional system.
Mr Hatzistergos said another important reform requires the courts to reveal the sentence an offender would have received, had the offender not offered to assist authorities.
“This will assist the appeal courts in re-determining sentences in cases where offenders renege on their promise of assistance,” he said.
To simplify the sentencing process for multiple offences, judges will now be able to announce the total sentence and non-parole period that an offender is to serve for all the offences, provided that they give an indication of the appropriate sentence for each individual charge.
“This will help ensure victims and offenders have a clear understanding of the final sentence,” Mr Hatzistergos said.
The sentencing reforms are based on recommendations made by the NSW Sentencing Council and the Chief Judge of the District Court last year.
The report, Reductions in Penalties at Sentence, led by former Supreme Court Justice Hon. James Wood AO QC, was commissioned by the NSW Government to ensure offenders were not receiving excessive sentence discounts.
It made a number of recommendations regarding restricting the circumstances where offenders may be granted discounts, particularly in relation to the presumption of hardship.
Counter terrorism laws amended [ 34kb]
Issued: 23 SeptemberThe NSW Government last night passed amendments to the Terrorism (Police Powers) Act to strengthen safeguards and ensure the right balance between community safety and civil liberties.
The Act was introduced in the wake of the September 11 attacks, and gives police special powers to deal with threats of terrorist activity and to respond to terrorist attacks.
The amendments implement recommendations made by the NSW Ombudsman and a recent statutory review.
“While these laws have only been used on rare occasions, we must remain vigilant and ensure that we have the mechanisms in place to deal with terrorism threats in this State,” Attorney General John Hatzistergos said.
“Three statutory reviews have concluded the objectives of the laws remain valid.”
The Terrorism (Police Powers) Act 2002 has three main parts:
- Part 2 provides for particular powers such as search and seizure authorisations either in the immediate aftermath of an attack or if there is a threat of a terrorist act in the near future;
- Part 2A of the Act provides for preventative detention orders which can be used to detain persons reasonably suspected of involvement with a terrorist attack; and
- Part 3 of the Act authorises the conduct of covert searches.
Each of these powers are subject to formal application and authorisation, as well as a robust monitoring regime.
“The Government has extended the Ombudsman’s reporting role under the Act and has implemented a rolling scheme of reviews every three years,” Mr Hatzistergos said.
“The current monitoring role of the Ombudsman is preserved, and the Government has taken the opportunity to link the timing of the statutory reviews of the Act to the Ombudsman’s reporting period, such that the Government can conduct its reviews consistently taking into account the Ombudsman’s most recent findings.”
The NSW Government has also adopted recommendations made by the NSW Ombudsman to clarify the rights of a person held by police on a preventative detention order.
The changes require police to:
- refer a detainee to Legal Aid in compliance with any order of the Supreme Court;
- release a person from preventative detention as soon as practicable where the grounds for detention no longer exist.
The changes also ensure that a person detained under an order is informed of their right to:
- contact the Ombudsman;
- speak to an accredited chaplain; and
- contact the Police Integrity Commission about the conduct of any police officers.
Under the Act, a terrorist suspect can be held in preventative detention for a maximum of 14 days and must be treated humanely and with dignity. No person has ever been held on a preventative detention order in NSW.
“The Government has also adopted the Ombudsman’s recommendation that Police must provide a written statement regarding the use of the special police powers within 30 days,” Mr Hatzistergos said.
“Whilst the laws provided for people subject to the powers to request a statement from Police stating the search was conducted in pursuance of the Act, it did not provide a timeframe within which such a statement was to be provided.”
Minister for Police Michael Daley said that while we hope it will never be necessary to use preventative detention orders, the laws will remain for the protection of all NSW residents.
“Counter terrorism is an absolute priority for the NSW Government,” he said.
“That is why we’ve significantly boosted the state’s counter terrorism capacity over the last few years, and why the Police budget has been boosted by $2.1 million per annum to support a 600-strong staff in the investigation and prevention of terrorist attacks.
“While the work of our counter terrorism units is of a world standard, the assistance of the community is still an absolute necessity.
“I encourage all residents of this state to remain vigilant and report any suspicious incidents to the Police via Crime Stoppers on 1800 333 000 or the National Security Hotline on 1800 123 400.”
Neighbour agreements to be bound by law [ 30kb]
Issued: 22 September 2010
People who resolve disputes through the NSW Government’s free community mediation service will soon be able to choose to make their agreements legally enforceable.
“Free community mediation services are fast growing in popularity because they are a faster, more efficient way of resolving disputes without the need to go to court,” Attorney General John Hatzistergos said.
“The growth in demand for the services has corresponded with calls for parties to be able to make the agreements legally binding.”
The NSW Government will today introduce laws to allow the agreements to be legally enforceable, should both parties agree. Under existing laws, the agreements can only be made in ‘good faith’.
“While the terms of agreements are generally honoured by the parties, Community Justice Centres have reported an increasing demand from parties, particularly in court-ordered mediations, to make an agreement that could be enforced in court if necessary.”
The amendments will remove the current bar in the Community Justice Centres Act preventing enforcement. Parties will now have the option of reaching an agreement which, if necessary, could be enforced in court.
“The new option will improve the effectiveness of Community Justice Centres and broaden their appeal, particularly to parties who are seeking a legally enforceable resolution but don’t want to go to court,” Mr Hatzistergos said.
Department of Justice and Attorney General figures show the free mediation service, often used by neighbours to resolve disputes, are rapidly growing in popularity.
In 2009/10, NSW Community Justice Centres opened files in relation to almost 5,000 disputes, up more than 60% from 3,000 last year.
The centres conducted a total of 1725 mediations in the 2009/10 year, a 7% increase on last year's figures of 1612. Of those mediations, 81% resulted in an agreement, up from 79% last year.
“The settlement rate of more than 80 per cent is exceptional and I would like to commend the professionalism of the staff of the Community Justice Centres around NSW,” Mr Hatzistergos said.
Mr Hatzistergos said the amendments are consistent with the NSW State Plan objective of reducing anti-social behaviour.
Laws passed to streamline e-commerce transactions [ 29kb]
Issued: 21 September 2010
The NSW Government today passed laws making it easier for businesses to conduct electronic business transactions by clarifying the rules for contracts that are made via such communications.
“These laws will provide certainty for businesses and individuals who are increasingly using electronic means such as the internet, email, text and voice messages to enter into business transactions,” NSW Attorney General John Hatzistergos said.
“We now live in a world where buying and selling online and communicating electronically is commonplace.
“That is why we have introduced these new laws to clarify the law of contract in relation to electronic communications to give businesses a clear set of rules within which they can operate.”
The Electronic Transactions Amendment Bill 2010 makes a number of amendments that clarify how contracts are offered and accepted via electronic communications.
The amendments include:
- clarifying the use of automated message systems as they relate to the offering and acceptance of business contacts;
- setting default rules about the time that electronic messages are capable of being received;
- providing that a contract formed by the interaction of automatic message system and a person or another system is not invalid merely because automated message systems were used.
The NSW laws are based on a model law that was agreed to by all State and Territory Attorneys General, and the Commonwealth Attorney General, in 2010 after national consultation.
The laws reflect the most recent United Nations convention on the use of electronic communications in business, to which the Commonwealth Government proposes to accede after appropriate domestic laws are in place.
“This will ensure rules are consistent across Australia, and internationally, to support the growth of e-commerce,” Mr Hatzistergos said.
Laws create information and privacy commission in NSW [ 30kb]
Issued: 21 September 2010
Laws passed by NSW Parliament today have created one agency to deal with privacy issues and access to government information.
Attorney General John Hatzistergos said the Office of the Information Commissioner and Privacy NSW will form the one agency to provide the public and the media with a one-stop shop for enquiries about accessing NSW Government documents.
“Bringing the two agencies under the one roof will also improve the efficiency and consistency of decision-making on issues concerning access to information, which will benefit the media and the general public,” Mr Hatzistergos said.
“People will be able to call the hotline to find out the best way of accessing NSW Government documents or to discuss concerns about personal details being made public or incorrectly held.”
The Privacy Commissioner and the Information Commissioner will remain separate positions to ensure there are strong and unbiased advocates for both privacy and for access to information. The Commissioners will work within the one new agency The Information and Privacy Commission.
Mr Hatzistergos said the reforms follows a report by the NSW Law Reform Commission in 2009 recommending that functions relating to information and privacy be brought together into a single office.
“These reforms deliver on the NSW Government’s commitment to greater openness and transparency with regard to the release of information while protecting the privacy of individuals,” he said.
“When members of the public are seeking information relevant to their individual circumstances it is not always clear whether those applications should fit under privacy legislation or access to information laws.
“The NSW Information Commissioner will make sure government agencies are aware of their obligations under the new laws and will be able to review decisions agencies make about releasing information.
“The NSW Privacy Commissioner will have the power to investigate complaints about breaches of privacy involving public organisations.”
The state’s first Information Commissioner, Deirdre O’Donnell, was appointed on May 10, as part of the biggest overhaul of freedom of information in New South Wales in 20 years.
Current acting Privacy Commissioner, John McAteer, who has been in the role since July 1, will continue in the role pending completion of a recruitment process for a permanent Privacy Commissioner.
Any member of the public will be able to contact the Information and Privacy Commission on 1800 INFOCOM (1800 463 626).
Holiday program to steer Orange youth from crime [ 24kb]
Issued: 23 September 2010
The Keneally Government has awarded a $25,000 crime prevention grant to a school holiday program in Orange to reduce the risk of young people vandalising property, NSW Attorney
General John Hatzistergos and Duty MLC for Orange, Amanda Fazio announced today.
As part of its Crime Prevention Grants Program, the NSW Government provides up to $1.61 million in grants to local councils each year to support innovative grass roots strategies that
aim to reduce crime.
“The Merge Holiday Cultural Program was developed by Orange City Council in consultation with local Police following concerns that malicious damage to property was increasing during
school holiday periods,” Mr Hatzistergos said.
“The program will provide disadvantaged young people with free entertainment, sporting and recreational activities. Participants will also attend life skills workshops and learn about
conflict resolution.
“By providing structured activities, the Merge Holiday Cultural Program aims to alleviate boredom, which can sometimes be a trigger for young people engaging in destructive behaviour,” Mr Hatzistergos said.
“The program is also intended to increase harmony in the community, through the inclusion of young people from a variety of backgrounds, including Aboriginal, Tongan and Sudanese,” he said.
Ms Fazio commended Orange City Council for its work on the project.
“Vandalism is thoughtless crime that costs the community thousands of dollars in repairs.
What this program seeks to do is give young people the opportunity to engage in productive and meaningful activities,” Ms Fazio said.
Mayor of Orange City Council, Cr John Davis said the Council had consulted heavily with the community to ensure the program met the needs of local residents and young people.
“This program aims to give young locals an avenue to express themselves and provide them some direction, particularly when it comes to dealing with conflict,” Cr Davis said.
Each program will be held over four-days, with participants to be provided with free transport to and from events. Up to 60 participants will be divided into two groups according to their age. Separate activities will be held for children aged six to 10 and youths aged 11 to 17.
Young people will be referred to the program by partner agencies including schools, police, PCYC, the Department of Juvenile Justice, the Migrant and Refugee Mentoring Program and Greater Western Area Health.
The next Merge program is scheduled for September 28 – October 9 2010.
Further information may be obtained by contacting Council’s Community Development Coordinator Karen Boyde on 6393 8607.
Laws to protect witnesses extended [ 30kb]
Issued: 22 September 2010
The NSW Parliament today passed legislation to ensure informants who give protected evidence against criminals in NSW cannot have their testimony used against them in other
states and vice versa.
“Courts can provide witnesses with certificates that protect them from any selfincriminating testimony being used against them to prosecute them for related crimes,”
Attorney General John Hatzistergos said.
“This protection is vital to the criminal justice system because it enables key witnesses to speak freely about the commission of a crime and often provides the prosecution with powerful evidence.”
“However, a certificate given in a Court of another state or territory does not protect a person from having the relevant self-incriminating evidence or information used against them in proceedings in NSW.”
Mr Hatzistergos said the Evidence Amendment Bill 2010 will require NSW Courts to recognise self-incrimination certificates issued by courts in other State or Territories.
“The intention of the existing provisions is to facilitate obtaining evidence or information from persons who may otherwise be reluctant, for fear of incriminating themselves,” he said.
Mr Hatzistergos said the second amendment extends the circumstances where a court accepts that a person is not available to give evidence to include those persons mentally or physically unable to give evidence.
Currently, a person is taken not to be available to give evidence only if:
• the person is dead
• the person is not competent to give the evidence about the fact
• it would be unlawful for the person to give evidence about the fact
• a provision of the Evidence Act prohibits the evidence being given
• all reasonable steps have been taken to find the person or to secure his or her attendance
• all reasonable steps have been taken, to compel the person to give the evidence.
The new provisions will ensure that courts accept that a person unavailable to give evidence if he is mentally or physically incapable of giving it.
The amendments follow recommendations made in the 2005 Uniform Evidence Law Report, a joint report of the Australian, NSW and Victorian Law Reform Commissions following a review of NSW and Commonwealth Evidence Acts after 10 years of operation.
They address concerns from lawyers that it was not always possible to explain to judges why a witness who was physically or mental incapable could not give evidence.
The two amendments were agreed to by all Attorneys General at the Standing Committee of Attorneys General in June 2010.
The Department of Justice and Attorney General consulted with key stakeholders on the provisions which is supported by the Director of Public Prosecutions, the Law Society of New South Wales, the New South Wales Bar Association and NSW Police.
Wollongong court to refer more offenders to alcohol treatment [ 28kb]
Issued: 15 September 2010
Wollongong Local Court will begin referring offenders to alcohol treatment following the Keneally Government’s announcement today that it is expanding a successful drug rehabilitation program in the region.
NSW Attorney General John Hatzistergos said the expansion of the Magistrates Early Referral Into Treatment (MERIT) program will see Wollongong Local Court refer more offenders to treatment for alcohol dependency.
“Evidence shows that this program works to break the drug-crime cycle,” Mr Hatzistergos said.
“We hope to replicate this success in treating defendants with serious alcohol dependency.”
Mr Hatzistergos said the MERIT program, available in 64 NSW courts, will be offered for alcohol treatment at nine courts by the end of the year.
“The expansion of Alcohol MERIT will provide a greater number of defendants the opportunity to address the underlying causes of their criminal behaviour,” he said.
“By addressing the defendant’s alcohol problem, the program may also address what is often the primary reason behind their offending behaviour.”
Member for Wollongong Noreen Hay said the Keneally Government has awarded the tender to local operator, Kedesh Rehabilitation Services.
“The existing Area Health Service MERIT team here in Wollongong has been working to help rehabilitate defendants with drug dependency for almost ten years now,” Ms Hay said.
“They do an extraordinary job and today we are pleased to announce the expansion of the program to include treatment for those offenders who have alcohol as a primary substance of concern.
“Kedesh Rehabilitation Services will work as part of the existing Area Health Service Illawarrra MERIT team which covers Wollongong, Albion Park, Kiama, Port Kembla, Milton/Ulladulla and Nowra Local Courts.”
Since the MERIT program commenced in the Illawarra in January 2001, a total of 1589 defendants have been accepted into the program, with 971 completing it.
Sixty-eight per cent of the defendants accepted in the Illawarra in the year to 30 June 2010 successfully completed the treatment (144 completed of the 230 accepted).
Ms Hay said the introduction of Alcohol MERIT in the Illawarra would help local police to keep driving down rates of crime.
“We’ve achieved excellent results in reducing crime in Wollongong”, Ms Hay said.
“In the two years to June 2010, domestic violence related assaults are down 12.8 per cent, break and enters non dwelling are down 17.6% and steal from motor vehicle fell almost 20%.
“But the fact is that alcohol and drugs can contribute to criminal behaviour, so the local community as a whole will be safer and stronger as a result of the expansion of this program.”
MERIT is a $13 million joint Commonwealth-State program that offers drug treatment prior to sentencing, as a voluntary option for non-violent defendants coming before Local Courts who:
- Have a drug problem;
- Are suitable for release into the community on bail; and,
- Are motivated to engage in treatment and rehabilitation.
Research by the NSW Bureau of Crime Statistics and Research has shown that completion of the program reduces the proportion of offenders reconvicted for any offence by 12 per cent.
MERIT makes use of a comprehensive range of health services, including inpatient and outpatient withdrawal treatment, opioid treatment, case management, counselling and residential rehabilitation. Since the program’s commencement 10 years ago, following the NSW Drug Summit, 13,963 participants have entered the program with 8,764 successfully completing it (up to 30 June, 2010).
Mr Hatzistergos said the expansion of Alcohol MERIT would help the Keneally Government achieve its State Plan goal of reducing rates of re-offending by 10% by 2016.
New laws provide equality for surrogate children [ 22kb]
Issued: 15 September 2010
The Keneally Government is set to introduce the state’s first stand-alone surrogacy laws making it easier for heterosexual and same-sex couples with surrogate children to gain full legal recognition as parents and clarify the existing prohibition on commercial surrogacy.
NSW Attorney General, John Hatzistergos today said that under the proposed laws couples will be allowed to enter into overseas surrogacy arrangements and apply for court orders that confirm they are the permanent legal parents of the surrogate child.
The laws are largely based on new national model provisions developed by the Standing Committee of Attorneys General. They will be introduced later this year with a planned conscience vote on the issue.
“Until now, the only way people with surrogate children have been able to gain full parenting rights has been through adoption processes,” Mr Hatzistergos said.
“With a parentage order, couples will find it easier to enrol their surrogate child in school, make decisions about their health care and apply for a passport for them,” Mr Hatzistergos said.
“Furthermore, there will also be no eligibility requirement that a child be born in Australia, so that parentage orders may be available for overseas surrogacies, provided it is not a commercial agreement and other requirements for an order are met.”
The orders will also ensure children born of surrogacy arrangements have access to a range of rights that would other otherwise be denied, such as inheritance and eligibility for compensation arising from their parents’ death or injury.
Mr Hatzistergos said the child’s best interests will be the court’s primary concern when determining a parentage order.
“As the surrogate child is too young to have a say in the arrangements, certain safeguards will be in place to help ensure they have a stable family life,” Mr Hatzistergos said.
“The court must be satisfied that the birth mother as well as the intended parents have received legal advice and counselling and have given their informed consent. The birth mother must also be at least 25 years of age at the time of entering into an agreement. ”
“It is proposed that the laws be applied retrospectively to parents who are now lawfully raising children under the age of 18 if the court is satisfied that the arrangement was entered into prior to conception, is not a commercial arrangement and all parties consent to granting the order.”
Mr Hatzistergos said that while commercial surrogacy will remain illegal, the proposed laws will also clarify altruistic surrogacy arrangements.
“While it will still be illegal to profit from surrogacy, the birth mother in an altruistic surrogacy will have a legal entitlement to be reimbursed for expenses such as medical care and counselling.”
The prohibition on soliciting commercial surrogacy will also be extended so that it will be an offence to advertise a person’s willingness to enter into any surrogacy arrangement, including altruistic surrogacy.
Help at Court for victims of domestic violence in the Illawarra [ 22kb]
Issued: 15 September 2010
Women who are victims of domestic violence in the Illawarra will have access to free legal representation to obtain Apprehended Domestic Violence Orders as part of the roll-out of the Domestic Violence Practitioner Scheme at Wollongong, and Port Kembla local courts.
The Domestic Violence Practitioner Scheme is part of the NSW Government’s $50 million Domestic and Family Violence Action Plan Stop the Violence, End the Silence.
NSW Attorney General John Hatzistergos and Minister for Women, Jodi McKay together with the Member for Wollongong, Noreen Hay today announced that the NSW Government is investing $225,000 over five years to expand the scheme to two local courts in the Illawarra.
Mr Hatzistergos said that under the scheme, a panel of specially trained lawyers will assist women in court to obtain Apprehended Domestic Violence Orders (ADVOs) against their attackers.
“The new lawyers will work with the Illawarra Women’s Domestic Violence Court Advocacy Service, bringing together critical legal and social support for victims of violence and their children,” Mr Hatzistergos said.
Ms Hay said that having specialist lawyers at Wollongong and Port Kembla local courts on AVO list days means that women are more likely to obtain a final order for their protection at their first date.
“Financial abuse is also a part of domestic violence and this scheme is helping women who may not be able to afford legal representation or qualify for Legal Aid get an ADVO,” Ms Hay said.
Visiting the region, Mr Hatzistergos together with Ms Hay met today at Wollongong Local Court with the Illawarra Women’s Domestic Violence Court Advocacy Service who will co-ordinate the scheme.
Sarah Marshall, Coordinator of the Illawarra Women’s Domestic Violence Court Advocacy Service welcomed the new funding for a specialist domestic violence lawyer for local courts in the Illawarra.
This announcement paves the way for better legal representation for women of the Illawarra who experience domestic violence,” she said.
The new lawyers will also be able to assist women attending court with other related legal issues that often go hand in hand with domestic violence such as Family Law, Victims Compensation and Children’s Care and Protection matters.
Ms McKay said domestic violence is an abhorrent crime and victims need the right support to break the cycle of violence.
“Expanding the scheme to the Illawarra will ensure women in the region have access to legal assistance and local advocacy for domestic violence issues.”
The scheme currently operates at 17 other courts throughout the State.
A copy of the Domestic and Family Violence Action Plan is available at www.women.nsw.gov.au
Good Will Week 2010: What’s a will worth to you? [ 22kb]
Issued: Sunday 12 September 2010
NSW Attorney General, John Hatzistergos, together with the NSW Trustee & Guardian have today urged people across the state to take advantage of events being held during Good Will Week 2010 and ensure they have an up-to-date Will in place.
This year’s theme ‘A Will - What’s it worth to you?’ will see the NSW Trustee & Guardian team up with the Australian Art and Antique Dealers Association to provide information on how people can discover the value of their possessions and make a Will.
“Statistics indicate that almost half of the adult population in NSW and sixty percent of parents do not have a legally valid Will in place,” Mr Hatzistergos said.
“These figures are quite concerning and mean that if someone dies without a Will their children may not be cared for as they intended and their possessions, mementos and keepsakes may not be distributed according to their wishes.”
Chief Executive Officer of the NSW Trustee & Guardian, Ms Imelda Dodds said the number one reason people cite for not making a Will is the belief that they do not have possessions that are worth anything.
“As part of Good Will Week, the NSW Trustee & Guardian will open all of its branches around NSW for a special Wills Day on Saturday 18 September, to assist people to make a Will, providing their estate planning expertise,” Ms Dodds said.
“A series of ‘Inheritance Roadshows’ will also take place in Sydney, Bathurst and Newcastle to assist people value their possessions,” she said.
In addition to helping members of the community make a Will, Ms Dodds said the NSW Trustee & Guardian was on hand to act as an independent and impartial executor.
“The role of an executor can be onerous particularly if it involves selling property or shares, setting up a trust and dealing with family disputes or legal battles.
“Some members of the community may not know who to choose and it can be beneficial to choose an independent executor who has the financial and legal expertise to deal with the administration of an estate.
Ms Dodds added there should be no barriers to making a Will as there is no cost to write or update a Will with the NSW Trustee & Guardian as executor. Charges apply on estate administration only.
For more information about Good Will Week, or to register for events, please visit www.goodwillweek.com.au Bookings for Saturday Wills Day can also be made by calling 1300 142434.
Good Will Week runs from 12 September – 18 September, 2010.
Help at court for victims of domestic violence in Newcastle [ 22kb]
Issued: 10 September 2010
Women who are victims of domestic violence in Newcastle will have access to free legal advice and representation to obtain Apprehended Domestic Violence Orders as part of the roll-out of the Domestic Violence Practitioner Scheme throughout the Hunter.
The Domestic Violence Practitioner Scheme is part of the NSW Government’s $50 million Domestic and Family Violence Action Plan Stop the Violence, End the Silence.
NSW Attorney General John Hatzistergos and Minister for the Hunter, Minister for Women and Member for Newcastle Jodi McKay today announced the NSW Government is investing $800,000 over five years to expand the Scheme in the Hunter.
This investment will see the scheme rolled out to Newcastle, Cessnock, Toronto, Maitland and Belmont local courts. It currently operates at 17 courts throughout NSW.
Mr Hatzistergos said under the scheme specialist domestic violence lawyers will work closely with local Women’s Domestic Court Advocacy Services to provide social and legal support to women seeking Apprehended Domestic Violence Orders.
Mr Hatzistergos and Ms McKay today met with workers from the Hunter Women’s Domestic Violence Court Advocacy Service and acknowledged the important role they play in supporting vulnerable women.
Ms McKay said these workers play a critical role in linking women to these new specialist lawyers.
“Having specialist lawyers at Newcastle Local Court will mean women are more likely to obtain a final order for their protection at their first court date, instead of putting it off or choosing not to go through with the order,” Ms McKay said.
“We know that domestic violence is stable in Newcastle and the Hunter, however, one case of domestic violence is one too many.
“That’s why this scheme and the Government’s Domestic and Family Violence Action Plan is so important in breaking the cycle of violence.”
Pam Brydges, Coordinator of the Hunter Women’s Domestic Violence Court Advocacy Service welcomed the new funding for a specialist domestic violence lawyer for Newcastle Local Court.
“We are pleased that the women of the Hunter who are victims of domestic violence will have greater access to free legal representation and advice,” she said.
The new lawyers will also be able to assist women attending court with other related legal issues that often go hand in hand with domestic violence such as Family Law, Victims Compensation and Children’s Care and Protection matters.
The Domestic Violence Practitioner Scheme will be run by Legal Aid NSW.
New magistrates for the Local Court of NSW [ 29kb]
Issued: 9 September 2010
A barrister and senior solicitor have been appointed as magistrates of the Local Court of NSW, Attorney General John Hatzistergos announced today.
David Day is a highly respected barrister from Orange and Caleb Franklin is one of the Aboriginal Legal Service’s (ALS) most senior solicitors.
Mr Day began his career as a solicitor in Sydney and has been based in Orange since 1989 where he has practised primarily in the state’s Central West and other parts of regional NSW.
“Mr Day has been a highly respected legal practitioner for more than a quarter of a century and his elevation to the bench of the Local Court is well deserved,” Mr Hatzistergos said.
He has appeared in most courts in NSW, including the Local, District and Supreme Courts, practising in criminal, civil and family law.
Mr Day became a barrister in 1997 and he is currently on the NSW Bar Association Bar Exam marking panel.
Mr Franklin is currently the Principal Solicitor for the largest zone of the Aboriginal Legal Service in NSW and the ACT, supervising its operations in Sydney, Canberra, Wollongong, Nowra and Moruya.
As a criminal lawyer for the ALS, Mr Franklin has appeared regularly in courts in the Sydney metropolitan region, including the Local Court, the Children’s Court, the District Court, the Supreme Court, the Coroner’s Court and the State Parole Authority.
During his ten years at the Aboriginal Legal Service, Mr Franklin has also coordinated a 24-hour legal advice and welfare hotline for Indigenous people taken into custody.
Prior to joining the ALS, Mr Franklin worked for a private law firm and appeared as an advocate in a range of civil court matters.
“Mr Franklin’s ability to manage a large and varied workload will place him in good stead to serve on the bench of one of the nation’s busiest courts,” Mr Hatzistergos said.
“I congratulate Mr Day and Mr Franklin on their appointments and I look forward to them making valuable contributions to the judiciary of NSW.”
Mr Day and Mr Franklin will be sworn in as magistrates on October 11.
New system to help relatives caring for children [ 28kb]
Issued: 6 September 2010
The NSW Government has introduced a new system that will make it easier for relatives such as grandparents who informally care for children to provide consent for day-to-day activities in the absence of the parents.
“There are often instances where carers of children, such as grandparents, face practical difficulties looking after children where they need to provide parental consent when the parents are unavailable,” Attorney General John Hatzistergos said.
“For example, they may need to enrol the child in school or consent to them attending a school excursion or receiving medical and dental treatment.
“This new system will enable grandparents and other relatives informally looking after a child to make a statutory declaration that they are responsible for the regular care of the young person.
“The declaration will help them establish their status as a carer so that they can work with the child’s school or access health care and other important services.
“This new system aims to address the difficulties informal carers often face in granting consent on behalf of children in their care.”
Mr Hatzistergos said there are many situations where a relative becomes the informal carer of child, for example, where a parent has gone missing but legal guardianship proceedings are yet to take place.
He said the statutory declaration would not alter the rights of the child’s legal guardian.
“The informal care provider will only be able to give consent to the day-to-day activities of the child in situations where the legal guardian is unavailable, for example, if a parent is missing,” Mr Hatzistergos said.
President of Council on the Ageing (NSW) Kath Brewster welcomed the announcement and said the statutory declaration will make things a little easier for grandparents, relatives and other kinship carers.
“We’ve been working with grandparents raising their grandchildren for many years to highlight the vital role they often take on when families break down,” she said.
“The reality is that grandparents often step in to care for grandchildren in desperate circumstances and this initiative is a real step forward in giving them some practical assistance in the day-to-day care of the children.”
Ms Brewster said situations where grandparents are caring for grandchildren had become increasingly prevalent over the past decade – a trend that has gone largely undetected by official data because it only reflects formal kinship arrangements.
The Australian Institute of Health and Welfare reported last year that the number of children and young people in out-of-home care had doubled in Australia in the last decade to 31,166. Almost half - 14,015 (45%) - were in formal kinship arrangements under statutory authority.
Ms Brewster said official figures did not give an accurate picture of the number of grandparents caring for children because it only reflected formal kinship arrangements.
“In our experience, it is becoming increasingly prevalent for grandparents and other relatives to step in to care for children in the absence of the parents and this trend has been seriously underestimated by official data,” she said.
The new system of statutory declarations will:
- uphold the best interests of the child;
- be efficient and free;
- be flexible and temporary to suit changing circumstances; and
- be used as an interim measure prior to legal arrangements being made for the care of the child.
Statutory declarations will remain valid for six months. Similar statutory declarations for relatives providing informal care exist in South Australia and Victoria.
The documents will assist informal carers of children in gaining access to services for the children which may include:
- Schools
- Kindergartens
- Child care facilities
- Health services
- Registry of Births, Deaths and Marriages
- Recreation such as sporting clubs or scouts/guides
Statutory declaration forms can be downloaded from the Department of Justice and Attorney General’s website www.lawlink.nsw.gov.au or at www.lawaccess.nsw.gov.au
LawAccess NSW can also post declarations. For more information call 1300 888 529.
Anyone who makes a false statutory declaration could be jailed for up to five years.
Informal Caregivers Statutory Declaration
Issued 6 September 2010
The NSW Government has introduced a new statutory declaration for informal relative caregivers to declare that they have primary responsibility for the regular care of a child or children.
The Declaration can assist such caregivers to give consent for the child to participate in activities, such as school excursions.
For further information please log onto http://www.lawlink.nsw.gov.au/lawlink/legislation_policy/ll_lpd.nsf/pages/lp_declaration
Counter terrorism law extended for three years [ 29kb]
The NSW Government has this week introduced legislation to extend the operation of covert search warrants under the Terrorism (Police Powers) Act.
NSW Attorney General John Hatzistergos said: “NSW covert search warrant powers for the investigation of terrorist organisations rely on the NSW Crimes Act offence of membership of a terrorism organisation for their constitutional validity”.
The NSW offence has a sunset clause expiring on 13 September 2010, as the offence is intended as a temporary measure only pending the introduction by the Commonwealth of a national covert search warrant regime”.
“However, the Commonwealth has yet to determine its position on the national scheme. In the interim this extension will ensure NSW Police continue to have access to these powers to protect the people of NSW,” the Attorney General said.
“The offence has been extended by three years to allow the Commonwealth time to consider and enact a national scheme.”
This year, the NSW Government released the third statutory review of the NSW Terrorism (Police Powers) Act 2002. The review found that the powers in the Act including covert search warrants remain valid and necessary.
“The NSW Government has made counter terrorism a top priority, significantly boosting the State’s counter terrorism capability in recent years,” Mr Hatzistergos said.
“We’ve given our police the powers and the resources they need to detect and arrest terrorists before an attack can be carried out, ensuring unprecedented cooperation and coordination between Commonwealth and State Governments.”
Laws to protect witnesses extended [ 31kb]
Issued: 1 September 2010
The NSW Government today introduced legislation to ensure that NSW laws that protect informants who give evidence against criminals cannot have their testimony used against them are recognised in other states.
“Courts can provide witnesses with certificates that protect them from any self-incriminating testimony being used against them to prosecute them for related crimes,” Attorney General John Hatzistergos said.
“This protection is vital to the criminal justice system because it enables key witnesses to speak freely about the commission of a crime and often provides the prosecution with powerful evidence.”
“However, a certificate given in a Court of another state or territory does not protect a person from having the relevant self-incriminating evidence or information used against them in proceedings in NSW.”
Mr Hatzistergos said the Evidence Amendment Bill 2010 will require NSW Courts to recognise self-incrimination certificates issued by courts in other State or Territories.
“The intention of the existing provisions is to facilitate obtaining evidence or information from persons who may otherwise be reluctant, for fear of incriminating themselves,” he said.
Mr Hatzistergos said the second amendment extends the circumstances where a court accepts that a person is not available to give evidence to include those persons mentally or physically unable to give evidence.
Currently, a person is taken not to be available to give evidence only if:
- the person is dead
- the person is not competent to give the evidence about the fact
- it would be unlawful for the person to give evidence about the fact
- a provision of the Evidence Act prohibits the evidence being given
- all reasonable steps have been taken to find the person or to secure his or her attendance
- all reasonable steps have been taken, to compel the person to give the evidence.
The new provisions will ensure that courts accept that a person unavailable to give evidence if he is mentally or physically incapable of giving it.
The amendments follow recommendations made in the 2005 Uniform Evidence Law Report, a joint report of the Australian, NSW and Victorian Law Reform Commissions following a review of NSW and Commonwealth Evidence Acts after 10 years of operation.
They address concerns from lawyers that it was not always possible to explain to judges why a witness who was physically or mental incapable could not give evidence.
The two amendments were agreed to by all Attorneys General at the Standing Committee of Attorneys General in June 2010.
The Department of Justice and Attorney General consulted with key stakeholders on the provisions which is supported by the Director of Public Prosecutions, the Law Society of New South Wales, the New South Wales Bar Association and NSW Police.
Global conference celebrates 30 years of the Land and Environment Court [ 30kb]
Issued: 1 September 2010
NSW Attorney General John Hatzistergos today welcomed delegates from planning and environment courts and tribunals from across Australia and the world to a three day conference hosted by the NSW Land and Environment Court and the NSW Judicial Commission.
“The conference offers a unique opportunity for a diverse range of planning and environmental legal bodies to discuss developments in their jurisdictions, share expertise and consider issues of international significance,” Mr Hatzistergos said.
“For the first time, the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) will feature international speakers and attendees including representatives from Brazil, Canada, India, Indonesia, Kenya, the Philippines, Thailand and the United States.”
Mr Hatzistergos said the international flavour of this year’s conference reflected the global impact of environmental issues and the importance of international cooperation in the area of environmental law.
“As more nations start to grapple with how to respond to international issues such as climate change through their own domestic laws, forums such as ACPECT become increasingly more valuable.”
Today also marks the 30 year anniversary of the Land and Environment Court which was the first specialist environmental superior court in the world.
“The NSW Land and Environment Court has a preeminent international and national reputation,” Mr Hatzistergos said.
“Only this year the Court was identified as ‘a leading example of a specialised court’ in a report on a study of 33 environmental courts and tribunals in 21 countries conducted by the Access Initiative.”
Mr Hatzistergos said the Court is now internationally renowned for its innovative and flexible approach to practice and procedure in environmental and planning law.
“After three decades, the Court has matured beyond its early reputation as merely a place for resolving disputes over trees or gardens,” he said.
“The Court now operates as Australia’s leading specialist Court taking cases that deal with complex and mainstream issues ranging from ecological diversity to pollution.”
University backs move to Justice Precinct in the city [ 31.7kb]
Issued: 27 August 2010
Attorney General John Hatzistergos today met with senior officials of the University of Newcastle to discuss plans to relocate the University Law School to the recently announced Newcastle Justice Precinct.
"The NSW Government is working closely with the University of Newcastle to realise its strategy to establish a city campus and to bring the Law School in to town close to the Justice Precinct," Mr Hatzistergos said.
“The location of the Justice Precinct also creates an opportunity for other justice agencies and the legal sector to occupy locations surrounding the site.”
The NSW Government announced as part of this year’s budget plans to build a new $94 million court complex at the Burwood Wedge site on Hunter Street which will become the centrepiece of a modern Justice Precinct for the Hunter.
University of Newcastle Vice-Chancellor, Professor Nicholas Saunders, said the proposed co-location of the law school with the new Justice Precinct presented a remarkable opportunity to further develop the University’s nationally recognised law school.
“We believe this project has the potential to enhance the University’s highly regarded reputation for developing practical legal skills in its graduates,” he said.
"The University is very excited by the Government’s plan to build a justice precinct because it complements the University's vision to establish a city campus, which will include co-locating our law school at a later stage.
Professor Saunders noted that co-locating the Law School in the city is contingent on raising significant funds for a new building for the University's Business School at Honeysuckle.
“A new building will free up space in University House to establish the Law School in the city from about 2015,” he said.
“The university is preparing an application under the Australian Government’s Structural Adjustment Fund to seek funding for the first stage of the University of Newcastle’s city campus development.
“The first stage of the project will comprise the consolidation of the University’s Business School and Law School within the Newcastle City Centre bringing the city’s business and legal professions closer together.
“This will allow for better work-integrated learning and will bring together staff and students who are currently working and studying at two locations.”
The total estimated cost of establishing the University of Newcastle’s business and law schools in the city is $160 million.
Planning of the Newcastle Courthouse will be completed in 2011-12, with construction to begin the following year with the $94 million complex expected to open in 2014-15.
“The new Justice Precinct is set to become the state’s largest court complex outside Sydney, with the new courthouse to be at least 20 per cent larger than Newcastle’s existing courthouse,” Mr Hatzistergos said.
“The new modern complex will have a floor area in excess of 10,000 square metres, include at least 10 modern courtrooms with videoconferencing technology and be fully accessible to people with a disability.
Mr Hatzistergos also noted that the Federal Government had indicated it is considering a new Family Court on the corner of Auckland and Hunter Streets as one of the options for its facilities in Newcastle.
Free public forum on crime and sentencing in Newcastle [ 30.3kb]
Issued: 26 August 2010
A free public education forum about crime and how criminals are sentenced will be held in Newcastle this evening to give the community an opportunity to hear from some of the State’s top legal experts.
“The public forum at the Newcastle City Hall tonight is open for everyone to come along to ask any questions they have about the criminal justice system and to directly hear from some of the state’s top legal minds,” Attorney General John Hatzistergos said.
“The forum will give the Newcastle community a chance to hear first hand accounts of how sentences are determined from a panel of experts that includes a former judge.”
The panel will include:
• NSW Attorney General, John Hatzistergos
• The Hon Jerrold Cripps QC, Chair of the NSW Sentencing Council
• Howard Brown from the Victims of Crime Assistance League (VOCAL)
• Mark Ierace SC from the Public Defenders Office
The Process of Justice forum is in response to a survey by the NSW Bureau of Crime Statistics and Research (BOCSAR) and the NSW Sentencing Council, which found many people were interested in knowing more about the NSW justice system.
Over the past 12 months, forums have been held in Wollongong, Parramatta, Campbelltown, Gosford and Tamworth with each event attracting strong community interest.
Minister for the Hunter and Member for Newcastle, Jodi McKay, said the process of sentencing involved a range of considerations, including the need for punishment, deterrence, community protection and rehabilitation.
“It is important that our community understands the process so that they can make up their own minds about whether the punishment fits the crime,” Ms McKay said.
“I encourage the community to come along to this forum and learn more about our justice system.”
Mr Michael Talbot, Assistant Director General, Court and Tribunal Services, Department of Justice and Attorney General will open the forum, which will include a presentation followed by a question and answer session.
The Newcastle ‘Process of Justice’ Public Forum will be held at:
| Venue: | Hunter Room, Newcastle City Hall, 290 King Street, Newcastle |
| Time: | 5.00 pm registrations for a 5.30 pm start |
| Date: | Thursday 26 August 2010 |
| Registration: | At the door or call (02) 8688 7651 |
New Magistrate for Local Court NSW [ 25kb]
Issued: 25 August 2010
Principal Registrar of the Supreme Court, Megan Greenwood, has been appointed a Magistrate of the Local Court of NSW, Attorney General John Hatzistergos announced today.
“For the past ten years, Ms Greenwood has served with distinction as a court registrar with the Supreme and Land and Environment Courts,” Mr Hatzistergos said.
“Through her experience in civil practice and procedure she has developed a reputation for diligence and impartiality as a legal practitioner.”
As the Chief Executive Officer and Principal Registrar of the Supreme Court since 2003, Ms Greenwood worked with the Chief Justice and heads of division on practice and procedure to improve case flow management.
Exercising powers delegated by the Chief Justice, she presided in court over case management, discovery, particulars, expedition, security for costs and set aside default judgments and costs.
At the Supreme Court, she wrote numerous procedural practice notes including the Defamation List and Criminal Proceedings practice notes.
In 2000, she was appointed the Registrar of the Land and Environment Court presiding in court to make orders for discovery, particulars, expedition, joinder, case management and costs.
Earlier in her career, Ms Greenwood held a number of positions with the Department of Justice and Attorney General including Acting Director of Community Justice Centres and Acting Director of the Crime Prevention Division
She graduated from Sydney University’s College of Law in 2000 and holds a Masters of Business Administration from Monash University.
Ms Greenwood will be sworn in as a Magistrate of the Local Court of NSW on Monday, September 27.
New sentence option for Newcastle courts: criminals to come face-to-face with their victims [ 25kb]
Issued: 25 August 2010
Criminals could come face-to-face with their victims as part of a new option to become available to courts in the Hunter later this year, NSW Attorney General John Hatzistergos announced today.
“This pre-sentence option can require offenders to come face to face with the victims of their crimes and confront the consequences of their criminal behaviour,” Mr Hatzistergos said.
“Importantly, it also gives victims of crime and their families a role in the process of justice.”
Mr Hatzistergos said the Forum Sentencing program is an innovative court program that gives victims a direct role in how offenders are punished.
“As part of the program, offenders attend a forum with their victim, a police officer and a facilitator to discuss the impact of their crime and agree to an intervention plan,” he said.
“Offenders can then be ordered to apologise, pay compensation, perform community work, or undertake rehabilitative treatment as part of an Intervention Plan approved by a court in sentencing.”
Minister for the Hunter and Member for Newcastle, Jodi McKay, said $5.5 million has been allocated in this year’s budget for the expansion of Forum Sentencing including its rollout in Hunter courts by the end of the year.
“The NSW Government is supporting the establishment of Forum Sentencing in Newcastle, Broadmeadow, Belmont and Toronto courts,” Ms McKay said.
“This will empower courts in the Hunter to give victims of crime a greater say in how offenders are punished.
“It will also see more perpetrators of crime face up to the damage they have caused and the impact their crimes have had on the community.
“By making criminals understand the consequences of their crimes, we can help them make positive choices and turn away from a life of crime.”
This year’s budget allocation includes $5.5 million to fund the expansion of Forum Sentencing to an additional 25 courts over the next year including courts in the Hunter. The Forum Sentencing Program is currently available at 13 locations around NSW.
Member for Swansea, Robert Coombs said the Hunter will become the next region to have access to this innovative justice delivery program including referrals from Belmont Local Court.
“I have been a strong supporter of this innovative justice program and I am pleased to be able to deliver it for the local community,” Mr Coombs said.
“Forum Sentencing has had an enormous amount of backing, with research from the NSW Bureau of Statistics Crime and Research finding high levels of support among victims.”
As part of the program, courts can refer eligible offenders to Forum Sentencing and then formally sentence them after the forum has taken place. Serious offenders – such as those guilty of sexual offences – are specifically excluded.
Public defender appointed a District Court judge
Issued: 19 August 2010
Acting NSW Attorney General Verity Firth today announced the appointment of Deputy Senior Public Defender Andrew Haesler, SC as a District Court judge.
“I congratulate Mr Haesler on his well-deserved appointment and wish him every success in the role of District Court judge,” Ms Firth said.
“He has a depth and breadth of experience, most recently as the Deputy Senior Public Defender, that will serve him well on the bench.”
Mr Haesler has practised as a solicitor and a barrister in private and legal aid practice through the conduct of many criminal and civil matters.
He began his legal career as a solicitor for Redfern Legal Centre in 1982 advising on a wide variety of civil, administrative and criminal matters.
In 1999, he was appointed Director of the Criminal Law Review Division of the NSW Department of Justice and Attorney General.
In that role, he provided advice to government in a broad range of areas including sentencing and court diversionary programs.
Appointed as a Public Defender in 1996, practising initially from Wollongong and later Sydney, Mr Haesler gained a reputation for strong advocacy skills, impartiality and a broad knowledge of the law.
He has also demonstrated a strong commitment to legal education and law reform throughout his career and has given many lectures and published numerous papers on complex topics ranging from sentencing children to the use of DNA evidence.
During his 30 years in the legal profession, Mr Haesler has held various positions of solicitor, barrister, public defender and deputy senior public defender.
Mr Haesler will be sworn in as a District Court judge on Monday, September 20.
“I wish Mr Haesler every success in his new role. He is a highly respected member of the legal profession and his elevation to the District Court bench is well deserved,” Ms Firth said.
NSW set to reform class action laws [ 120kb]
Issued: 6 August 2010
The NSW Government today announced it plans to introduce new laws to clarify rules surrounding class actions.
Class actions, also known as representative proceedings, are lawsuits involving a large number of people with similar legal claims who join together to sue a person or organisation.
NSW Attorney General, John Hatzistergos said existing court rules in this State do not provide clear guidelines as to who may commence a class action, in what circumstances, and other issues such as settlement of proceedings, costs, and appeals.
“The NSW Government intends to model the draft legislation on Federal and Victorian laws which provide a comprehensive set of rules on these issues and for each step of a class action,” Mr Hatzistergos said.
“This approach will have a number of benefits for the NSW justice system.
“Firstly, it will eliminate the lack of clarity in current NSW court rules which may be discouraging potential litigants from pursuing legitimate class actions.
“Reducing uncertainty may also cut legal costs and court time currently involved in pursuing a class action in NSW.
“Secondly, the Federal and Victorian laws have proven to be a successful model and NSW courts will be able to draw on that experience.
“Finally, having uniform procedures within the major commercial courts in Australia will minimise confusion among litigants,” he said.
Mr Hatzistergos also said the laws would make improvements recommended in the Victorian Law Reform Commission’s 2008 Civil Justice Review and the Commonwealth Attorney-General’s Department’s 2009 Access to Justice Report.
”Taking these reviews into account, the NSW legislation will give the Supreme Court the power to order that unclaimed damages from a successful class action be distributed to a charity of public interest beneficiary,” Mr Hatzistergos said.
“It may not always be possible to locate all members of a class action and in these circumstances the funds could be put to their next best use, rather than being returned to the party or company that was sued in the class action.”
Mr Hatzistergos said the NSW Government continues to encourage alternative dispute resolution instead of court proceedings.
“However as class actions are an important vehicle for improving access to justice, particularly for people who cannot afford to pursue a case on their own, it is also important to have clarity in the law when class actions do proceed,” he said.
The Government will release a draft of the Bill along with a discussion paper for public consultation later this year.
Help for Families and Friends of missing persons [ 88kb]
Issued: 5 August 2010
Frontline professionals such as GPs and social workers will benefit from new guidelines to help them provide better support and assistance to families and friends of missing persons.
“When a loved-one goes missing, people often to turn to their GP, psychologist or social worker for emotional support,” NSW Attorney General John Hatzistergos said
“That is why it is vitally important that these frontlines professionals have the best training and advice before they come face to face with family or friends of missing persons.
“Developed in consultation with families of missing persons, the new guidelines better explain the trauma and uncertainty felt by people left wondering what has become of a loved one.
”The NSW Government’s Family and Friends of Missing Persons Unit developed the Promoting Connectedness Guidelines to give frontline professionals the resources they need to understand what a person is going through and to be able to refer them to specialist services.
The Government set up the Families and Friends of Missing Persons Unit in 2000 to help people develop strategies to cope with their situation.
“The stress of not knowing what has happened to someone can cause sleeplessness, affect work performance and lead to family tensions,” Mr Hatzistergos said.
The launch of the Promoting Connectedness Guidelines coincides with National Missing Persons Week this week from August 1-8 2010. The theme of Missing Persons Week is: When Someone Goes Missing, a Day Spent Waiting is a Day Lost.
“The theme dispels the myth that people should wait 24 hours before reporting someone missing. You should contact police immediately if you have concerns for someone’s safety and you don’t know where they are,” Mr Hatzistergos said.
The Families and Friends of Missing Persons Unit has helped almost 300 families and fields almost 70 enquiry calls per month since it began operating in 2000.
“Our unit is the only service in Australia that operates with the sole purpose of providing free counselling and other practical and emotional assistance to families and friends of missing people,” said Sarah Wayland from the Families and Friends of Missing Persons Unit.
The Families and Friends of Missing Persons Unit can provide referrals to search agencies and can assist with the emotional anxiety of reunions if a person is found.
The unit recently established a support group that provides monthly opportunities for families to come together to share their experiences of living with the disappearance of a loved one.
Approximately 11,000 people are reported missing to police in NSW each year.
Over 99 per cent of missing people are located. In NSW, there are currently 592 people listed as long term missing.
For more information: www.lawlink.nsw.gov.au/missingpersons or www.missingpersons.gov.au
Sydney silk appointed a District Court judge [ 82kb]
Issued: 4 August 2010
NSW Attorney General John Hatzistergos today announced the appointment of Ross Letherbarrow SC as a District Court judge.
Mr Letherbarrow is a barrister and senior counsel with 32 years of experience at the Bar. He has practised extensively in the District Court and the Supreme Court in Sydney and throughout NSW.
“Since the mid 1980s Mr Letherbarrow has been prominent within the District Court, working for the court as an arbitrator for almost a decade and more recently representing the Bar on the court’s Rule Committee,” Mr Hatzistergos said.
Mr Letherbarrow has also been a member of the Bar’s Senior Counsel Selection Committee and is currently the Chair of the Bar’s Common Law Committee.
He has served as a Bar representative on the Motor Accidents Council and was appointed as an assessor under the Motor Accidents Act to assess large claims for compensation.
Mr Letherbarrow will be sworn in as a District Court Judge on Wednesday, August 11.
“I wish Mr Letherbarrow every success in his new role. He is a highly respected member of the legal profession and his elevation to the District Court bench is well deserved,” Mr Hatzistergos said.
Australia’s first International Dispute Resolution centre opens in Sydney [ 138kb]
Issued: 3 August 2010
Australia is poised to become a major player in the lucrative cross border dispute resolution market, with the opening of the Australian International Disputes Centre in Sydney today.
Commonwealth Attorney General Robert McClelland and NSW Attorney General John Hatzistergos will today officially open the centre in the presence of distinguished guests including the Chief Justice of the Federal Court the Hon. Patrick Keane and the Chief Justice of the Supreme Court of NSW the Hon. James Spigelman AC.
Mr McClelland said recent reforms to arbitration laws, at both a State and Federal level, have created an international best practice legal framework for arbitration in Australia.
“These reforms lay the foundation for our highly skilled and internationally experienced Australian arbitrators to resolve disputes on Australian territory, under Australian arbitration law,” he said.
“Australia will be the place to come to when businesses want their problems fixed fast and fairly.”
NSW Attorney General John Hatzistergos said Australia is well placed to capitalise on the booming global market for cross border dispute resolution.
“We enjoy very close ties to Asia and Europe, we have stable economic, political and legal systems and we boast some of the best legal practitioners in the world,” he said.
“Already, the world class facility is attracting strong interest from corporations in the Asia Pacific region and beyond.
“In fact, a major international arbitration and a domestic mediation are both being held in the centre today.”
Recent studies by the International Legal Services Advisory Council have estimated that Australia’s total legal services export and cross-border income was worth $675 million in 2006-07.
President of the Australian Centre for International Commercial Arbitration and partner of Clayton Utz,, Professor Doug Jones said the growth in arbitration is largely due to the fact that international investors want to avoid the uncertainty of litigation in foreign courts.
“International arbitration has emerged as the process of choice for businesses in the global economy,” Professor Jones said.
“It delivers many benefits: expediency, efficiency, enforceability and commercial privacy.”
Professor Jones estimated the direct and indirect economic benefits to NSW and Australia will “run into the tens of millions of dollars” each year.
“On top of direct legal fees, there will be enormous flow-on for the professional services, hospitality, tourism and support sectors,” he said.
Michelle Sindler has this week been appointed the Chief Executive Officer of the new Australian International Disputes Centre.
Ms Sindler is an expert in international arbitration and alternative dispute resolution with more than 20 years’ experience. She has regularly appeared as counsel and mediator in disputes in Europe and Asia and was most recently in practice in Switzerland and London.
The $600,000 centre is jointly funded by the Commonwealth and NSW Governments, the Australian Centre for International Commercial Arbitration (ACICA) and the Australian Commercial Disputes Centre.
The new hearing facility features ten custom built rooms, including a large 27-person hearing room, and is equipped with state-of-the-art video conferencing technology and access to translation and transcription services. It also features indigenous artwork on loan from retired arbitrator Ken Hinds.
The Australian International Disputes Centre is located in the heart of the legal and financial services district at 1 Castlereagh St, Sydney.
Media Faction: International Dispute Resolution
What is international arbitration?
- International Arbitration is a system of dispute resolution selected by many of the world's leading international companies.
- Arbitration agreements and arbitral awards are enforceable worldwide under an international law known as the New York Convention. By inserting an arbitration clause into agreements with trading partners, parties opt to have disputes decided by private tribunals ('arbitral tribunals') rather than litigating them in national courts.
- Arbitration is particularly common in the insurance, construction and engineering, oil, gas and shipping industries and increasingly so, in banking and financial services.
What about the Australian International Disputes Centre?
- The Australian International Disputes Centre is located at 1 Castlereagh Street, Sydney.
- The facility includes a main tribunal room, a second tribunal or conference room, six private conference rooms, an office area for support staff and main reception areas. There are first-rate communications, audiovisual and video conferencing systems.
- The $600,000 in capital works were jointly funded by the Commonwealth and NSW Governments, and the Australian Centre for International Commercial Arbitration and Australian Commercial Disputes Centre.
What are the reforms to arbitration laws in Australia?
- On June 17 the Commonwealth Parliament amended the International Arbitration Act 1974 to increase the effectiveness, efficiency and affordability of international commercial arbitration.
- On 22 June the NSW Parliament passed the Commercial Arbitration Act 2010, which amends NSW law applying to domestic arbitrations to harmonize it with the law applying to international arbitration. • The NSW law is based on model law agreed to by all jurisdictions, and will ensure Australia has uniform laws applying to all domestic and international arbitrations.
- These reforms provide the framework for internationally experienced Australian arbitrators to resolve local, cross-border and international disputes on Australian territory.
Court given power to deal with “Hedge Rage”
Issued: 2 August 2010
As of today neighbours feuding over trees that block sunlight or views will be able have their cases heard by Land and Environment Court.
Attorney General John Hatzistergos said amendments to the Trees (Disputes Between
Neighbours) Act 2006 commencing today provide a simple, inexpensive and accessible process for resolving neighbour disputes about trees, without the need for a lawyer.
“Neighbourhood feuds over hedges are becoming increasingly common and there have even been reports of residents growing ‘spite hedges’ to deliberately block a neighbour’s view,” Mr Hatzistergos said.
“Previously, the Land and Environment Court could only make orders in relation to trees which cause damage to a neighbour’s property or that are likely to injure a person.
“Now for the first time neighbours, whose sunlight or view has been severely impacted by high, dense hedges, can apply to the courts for a resolution.
Mr Hatzistergos said these laws are about empowering residents to negotiate in good faith with their neighbours to resolve disputes
But where resolutions prove difficult, residents can now be safe in the knowledge that they can apply to the courts to intervene.
Under the new laws residents must first attempt mediation with their neighbours before applying to the Land and Environment Court to have their cases heard.
“The Court will have the power to intervene in extreme cases where a tree or a hedge has severely impacted a neighbour’s access to sunlight or views,” he said.
“The legislation empowers the Court to determine the appropriate height at which a hedge should be maintained by balancing the right to privacy versus the broader benefits of maintaining healthy urban vegetation.”
“If a resident ignores the Court’s order, councils will now have the power to step in and enforce the order and charge both costs of enforcement and a prescribed administration fee.”
The amendments to the Act include:
a new jurisdiction for the Land and Environment Court to hear disputes about high hedges that severely block sunlight to a window of a dwelling on adjoining land, or views from such a dwelling;
supporting the enforcement of court orders by empowering councils carry out the work and recover the cost of trimming or removing any trees plus a prescribed administration fee;
the applicant's immediate successor in property title will be able to enforce certain orders made under the Act;
giving the court authority to hear disputes over trees that have caused damage but have since been removed;
allowing the court to make orders in relation to problem trees or hedges and damaged dividing fences;
enabling the court to hear tree disputes on land zoned ‘rural-residential’ but only
where a tree is causing damage or risking injury;
including vines under the Act’s definition of a tree.
The new laws were drafted following a statutory review of the Act, which received more than 230 submissions from residents, community groups, professional associations, councils and Government agencies.
Under the Act, the Land and Environment Court has the power to order:
the removal or pruning of trees;
payment of costs associated with carrying out a court order;
installation of root barriers; and
payment of compensation for damage caused by roots or trees.
The Land and Environment Court finalise hundreds of tree disputes last year, most of which deal with tree removal on the grounds they posed risk of injury or damage to property.
The review is online at: http://www.lawlink.nsw.gov.au/lpd
For more information about tree disputes or to make an application please visit:
www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/pages/LEC_tree_disputes_information
Conference marks 10th anniversary of the NSW Drug & Alcohol Court
Issued: 30 July 2010
NSW Attorney General John Hatzistergos will today open the Youth Drug and Alcohol Court of NSW’s Practitioners’ Conference 2010 in Parramatta.
“The NSW Youth Drug and Alcohol Court aims to reduce re-offending by young people with alcohol and/or drug problems who have become entrenched in the criminal justice system,” Mr Hatzistergos said.
“It began operations in July 2000 and operates across the Sydney metropolitan region.
“The aim of the court is to rehabilitate young offenders by addressing the broader health and welfare issues, which have influenced the young person's drug use and associated offending.
“The Practitioners’ Conference will look at how the multi-agency program brings together the juvenile criminal justice system with various government and non-government adolescent service providers.”
Mr Hatzistergos said the conferencewill hear from a range of experts on topics relating to drug use and young people.
The speakers include Magistrate Hillary Hannam; Paul Dillon, Drug and Alcohol Research Training Australia; Dr Alex Wodak, Director, Alcohol and Drug Services, St Vincent’s Hospital; and, Matthew Willis, Research Analyst, Australian Institute of Criminology.
The Youth Drug and Alcohol Court examines the reasons behind the offender’s behaviour which may include health problems and education.
The program typically requires participants to undergo drug testing, counselling and other treatments over a period of six months.
The program is run with the assistance of the Departments of Justice and Attorney General, Juvenile Justice, Education and Training, Health and Community Services as well as some non-government agencies.
The conference to celebrate the 10th anniversary of the Youth Drug and Alcohol Court will be held at the Mantra Parramatta Hotel. The heads of Children’s Courts from 14 jurisdictions, who are in Sydney for the annual meeting of the South Pacific Council of Youth and Children’s Courts, will attend the conference.
Domestic violence victims guided through the court process
Issued: 30 July 2010
The Keneally Government has today launched a state-wide guide that will assist victims of domestic violence through the legal justice process and help them obtain the necessary safeguards they need against their abusers.
NSW Attorney General John Hatzistergos and Member for Camden Geoff Corrigan today launched the Your Court, Your Safety guide in Campbelltown as part of the State Government’s $50 million Domestic Family Violence Action Plan, Stop the Violence End the Silence.
“Figures released by the Bureau of Crime Statistics and Research indicate that in 2008 there were almost 26,000 domestic violence related assaults in NSW,” Mr Hatzistergos said.
“In fact, since the introduction of the Domestic Violence Act in that same year there have been 15,665 convictions for Domestic Violence offences including 1,431 convictions for the domestic violence offence of stalking, intimidation or harassment,” he said.
“Domestic violence, however, is still one of the most underreported of crimes in the state and victims of this kind of abuse need to be given as much support as possible to break the cycle of violence,’ he said.
Mr Hatzistergos said that going to court can be a difficult experience for victims of domestic and family violence, particularly when they or the Police are applying for an Apprehended Domestic Violence Order.
“Victims throughout the community need to be aware of their rights so that they can make informed decisions about the safety of their family as well as themselves,” he said.
“This guide takes victims of domestic violence step by step through court procedures, explaining in plain language what legal terms mean and the responsibilities of all parties.
“Contact details for a range of domestic violence support services available in NSW and frequently asked questions are also listed in the guide.
“The dynamics of domestic and family violence in relationships and its effect on children are explained as well as further steps such as going to the Family Court,” he said.
Minister for Women, Jodi McKay welcomed the initiative saying the booklet would help ensure all victims of domestic and family violence receive the same reliable information.
“The guide will be given to victims at their first contact with justice agencies and support services to consult throughout the court process and to aid their recovery from violence,” Ms McKay said.
This guide is one of a number of initiatives currently being undertaken by the Keneally Government to support victims of domestic violence and their families. Other initiatives include:
The establishment of the Domestic Violence Death Review Team, which will review domestic violence related homicides and make recommendations on systemic changes to ways to reduce the incidence of domestic violence related deaths;
The Domestic Violence Court Intervention Model – which improves safety and support for victims of domestic and family violence in contact with the criminal justice system through a
Victim’s Advocate and collaboration of Government agencies, including Police, Community
Services and the Department of Justice and Attorney General;
Increased funding of the Women’s Domestic Violence Court Advocacy Program by $2.7 million to $6.9 million, so that there is a state-wide network of more than 100 courts where victims can access support workers; and
The introduction in 2008 of a domestic violence Act for the first time, and permanently marking domestic violence offences on the perpetrator’s record.
Mr Corrigan said the Government’s initiatives would greatly benefit the community.
“No member of the community should ever feel they have to tolerate being a victim of domestic violence and the Your Court, Your Safety guide is another link in the chain of initiatives helping to break the cycle of abuse,” he said.
Karen Mifsud, a solicitor of the Women’s Legal Resource Centre and contributor to the Guide also welcomed its release.
“Women’s Legal Services NSW welcomes this user friendly guide to navigating a complex system.
We believe it will assist domestic violence victims to understand the legal process and seek protection,” she said
The Department of Justice and Attorney General has produced the Guide in consultation with other justice agencies including NSW Police Force, Legal Aid NSW and the Office of Women’s Policy.
For more information about the Guide please visit www.lawlink.nsw.gov.au/cpd or contact the Crime Prevention Division of the Department of Justice and Attorney General on 8688 3277.
To obtain a copy of the NSW Government’s Domestic Violence action plan Stop the Violence End the Silence, please visit: www.women.nsw.gov.au
Would You Post that on a Billboard? Then Don’t Post it on Facebook
Issued: 27 July 2010NSW Attorney General John Hatzistergos and Minister for Police Michael Daley today urged NSW residents to be aware of new, increasingly sophisticated forms of fraud and ID theft.
Speaking at a conference on fraud and ID theft organised by Crime Stoppers, Mr Daley said that NSW Police detectives were seeing new scams, where personal information gleaned off social networking sites was then used to target victims over the phone, or by email.
“For all its benefits, technology has made it easier than ever for criminals to separate people from their hard-earned money,” he said.
“In the past, criminals have sourced their information about an individual by rummaging through garbage bins for bank statements, tax returns, any documents which can be used to compile a profile on a person.
“These days, social media and networking sites are routinely ‘surfed’ to compile a profile on a target individual.
“The people compiling the profiles are not necessarily the people who will scam you. The information-compilers will often on-sell their data to scammers,” Mr Daley said.
The advice follows new figures released by the Attorney General showing that since new laws targeting identity crime were introduced, police have issued some 50 court attendance notices. The DPP has also advised that 18 matters involving 111 counts are currently being prosecuted in the District Court.
“These new offences, which commenced on 22 February this year, recognize that crime is evolving, and that criminals are now dealing in information that can be used by others to commit crimes like fraud” Mr Hatzistergos said.
The laws make it a crime to sell, use, or possess identification information with criminal intent.
“These figures showing the number of charges since the laws commenced demonstrate that Police are working hard to stamp out a crime that costs the Australian community nearly $1 billion a year” he said.
Mr Daley gave an example of a recent scam through which a woman was told in an online chat room that they thought their mum went to school with the target’s mum.
The alleged offender then asked for the victim’s maiden name – a common security question for various accounts to verify a person’s identity.
Mr Daley said that once a scammer has personal information such as your date of birth, address, occupation or mother’s maiden name – it can be very easy for them to convince a victim that they are from a legitimate Government agency.
“There have been approximately 120 reports since mid-February of a new scam that involves the scammer contacting the victim, and purporting to work for the Australian Tax Office or another Government Agency or a bank,” he said.
“These scammers use information gleaned off social-networking sites or chat-rooms to convince their target that they are from a legitimate organisation.
“Scammers are typically excellent salesmen, they are people who can ‘read’ individuals.
“They know how to appeal to a person’s weaknesses, be it a person willing to pay money to secure a fictional lottery win in Nigeria or a beautiful Russian bride.
“So I’d ask the community to protect their online information and to remember that if the offer is too good to be true, it probably is,” Mr Daley said.
Tips and Hints:
Never put any information about yourself on a social networking wall that you would not feel comfortable also putting on a billboard on a busy road;
Is the person who wants to be “friended” actually who they say they? Make sure you know the people you are adding as friends;
Ensure your security settings are up to date and your page is not available to everyone.
Information which can be used by criminals includes; date of birth, address, photos and images suitable for ID Theft, occupation, pets names (a common password choice), when people are going on holidays, or information about the purchase of a new home, car or holiday house.
Background:
In the current scam, the offender convinces the recipient that they have been selected from a number of people who are eligible to claim a reward for continually paying their taxes or they have been overcharged bank fees or Government fees.
The caller promises to have funds electronically sent to their bank account if the details of this (with other personal identification details) are supplied verbally.
The details provided then allow the offender to withdraw funds from the victim’s bank account.
The offender could also request that money be sent via Western Union as a form of “advance”. This is represented as a Service Fee, Transfer Request or a Rebate Fee.
Very recently these representations have been made by email, with very authentic looking logos and a convincing, but fake, Tax Office form. The email may also direct victims to a bogus ATO website and request personal identification and financial information.
Any person who believes they may have received such telephone call or email of this nature is advised to report the matter to the local police.
Under no circumstances should they respond to or engage in further communication with the caller / sender of suspicious email.
Sydney hosts International Meet on Children’s Courts
Embargoed until 5am Tuesday 27 July 2010
The heads of Children’s Courts from 14 jurisdictions in Australasia and the South Pacific region will converge on Sydney this week for a conference on youth justice and child protection, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos will open the annual meeting of the South Pacific Council of Youth and Children’s Courts (SPCYCC), which is being held in NSW for the first time in the council’s 13-year history.
“It is a great honour for the NSW Children’s Court to host this prestigious conference and to showcase the innovative work being done in this state to steer young offenders back onto the right path and protect the welfare of children at risk,” Mr Hatzistergos said.
The South Pacific Council of Youth and Children’s Courts conference will also include presentations from other member jurisdictions as well as from experts in the fields of juvenile justice and child protection.
“The sharing of information will help all participants, particularly those from developing countries, to learn from the experiences of other jurisdictions in the areas of juvenile justice and child protection,” Mr Hatzistergos said.
The South Pacific Council of Youth and Children’s Courts conference will be held at the Judicial Commission of NSW in Sydney’s CBD from Tuesday, July 27 to Thursday, July 29. The conference will move to Parramatta on
Friday, July 30 to join the Youth Drug and Alcohol Court’s 10th Anniversary Conference.
On the eve of the South Pacific Council of Youth and Children’s Courts conference, Her Excellency Governor Marie Bashir will host a welcome reception for the participants at Government House in Sydney.
The NSW Government has provided funding for the conference, while AusAID has provided financial assistance to enable a number of participants from developing countries to attend.
“The government’s investment in juvenile justice and child protection helps to ensure that troubled and vulnerable young people can reach their full potential and contribute to a safe and harmonious society,” Mr Hatzistergos said.
In recognition of the increasingly important role the Children’s Court plays in the justice system, the NSW Government has appointed a District Court judge as the president of the court and funded the appointment of five additional specialist Children’s Registrars.
Attorney General tours Lismore Courthouse
Issued: 26 July 2010
NSW Attorney General, John Hatzistergos today toured Lismore Courthouse to inspect refurbishment projects taking place as part of the Keneally Government’s $2 million upgrade to the building.
Mr Hatzistergos recently announced the building project would receive $1 million as part of this year’s 09/10 budget, bringing the total amount of works to $2.05 million.
“Lismore has one of the state’s busiest regional courthouses and it is important for the building to be able to meet the legal needs of the community,” Mr Hatzistergos said.
“This is the largest upgrade to the building since it was expanded almost 20 years ago and will ensure this courthouse is technologically advanced,” he said.
Mr Hatzistergos said that one of the main focuses of the upgrade is a new court registry that will make services simpler, faster and easier to access.
“Walking into a courthouse can be quite a daunting experience so it’s important that people can easily access legal information and obtain assistance.”
“The new registry will include a public computer terminal to enable court users to browse legal information on the internet, while display boards will contain details about legal
resources and support services,” Mr Hatzistergos said.
“The registry will also have a large split-level counter, that will cater for people who need to use a wheelchair or who need to sit down during their inquiry.
“The renovations will also include the installation of a new lift and other accessibility improvements, ensuring people with a disability can move through the court with dignity
and are able to sit on juries in District Court trials,” Mr Hatzistergos said.
Other features of the project will include:
• An air conditioning upgrade including major new components;
• Improving security by relocating the Sheriff’s Office to the registry; and
• Improvements to the fire and life safety systems.
The renovations are due to be completed early next year.
Meanwhile, a $171,500 upgrade of the Local and District Court’s audio-visual systems and remote witness room has been completed.
More courts to refer offenders to alcohol treatment
Issued: Monday 26 July 2010
A successful drug rehabilitation program for defendants is being expanded to include alcohol treatment and will operate at nine courts across the state by the end of the year, NSW Attorney General John Hatzistergos said today.
“Evidence shows that this program works to break the drug-crime cycle,” Mr Hatzistergos said.
“We hope to replicate this success in treating defendants with serious alcohol dependency.”
Mr Hatzistergos said the Magistrates Early Referral Into Treatment program, available in 64 NSW courts, will be offered for alcohol treatment at nine courts by the end of the year.
“The expansion of Alcohol MERIT will provide a greater number of defendants the opportunity to address the underlying causes of their criminal behaviour,” he said.
“By addressing the defendant’s alcohol problem, the program may also address what is often the primary reason behind their offending behaviour.”
The Attorney General will announce the expansion at a conference in Lismore today to mark the 10th Anniversary of the MERIT program, where the program was initially piloted in July 2000.
Alcohol MERIT commenced at Dubbo Local Court in October last year and at Manly in March.
Mr Hatzistergos said a number of existing MERIT courts in regional NSW are already providing an alcohol component including Bathurst, Orange, Wellington, Broken Hill and Wilcannia Local Courts.
MERIT is a $13 million joint Commonwealth-State program that offers drug treatment prior to sentencing, as a voluntary option for non-violent defendants coming before Local Courts who:
• Have a drug problem;
• Are suitable for release into the community on bail; and
• Are motivated to engage in treatment and rehabilitation.
Research by the NSW Bureau of Crime Statistics and Research has shown that completion of the program reduces the proportion of offenders reconvicted for any offence by 12 per cent.
MERIT makes use of a comprehensive range of health and welfare services, detoxification, treatment and rehabilitation. Participants are closely case-managed and the magistrate receives regular reports on their progress.
Since the program’s commencement 10 years ago, following the NSW Drug Summit, more than 13,000 participants have entered the program with 8,458 successfully completing it.
“We hope to continue introducing Alcohol MERIT into more courts across the state pending discussions with the Commonwealth,” he said.
Mr Hatzistergos is to deliver the opening address at the MERIT conference, which is being held at the Southern Cross University campus in East Lismore.
Chief Magistrate of NSW, Judge Graeme Henson and representatives from NSW Health and the NSW Police Force will also give their perspective on the program’s success.
Mr Hatzistergos said the expansion of Alcohol MERIT would help the Keneally Government achieve its State Plan goal of reducing rates of re-offending by 10% by 2016.
Crown Prosecutor appointed a District Court Judge
Issued 19 July 2010
NSW Attorney General John Hatzistergos today announced the appointment of Crown Prosecutor Laura Wells SC as a District Court judge.
“I congratulate Ms Wells on her well-deserved appointment and wish her every success in role of District Court Judge,” Mr Hatzistergos said.
“Ms Wells was admitted to the Bar in Queensland in 1987 and to the NSW Bar in 1996. She was appointed as Senior Counsel last year.
“Ms Wells has a depth of experience in both the Queensland and NSW jurisdictions and most recently in her role as Acting Public Defender.
During her 23 years in the legal profession, Ms Wells held the positions of Solicitor, Trial Advocate, Crown Prosecutor, Deputy Senior Crown Prosecutor and Acting Public Defender.
Ms Wells has also held the position of Director of Criminal Law Review with the Department of Justice and Attorney General.
Ms Wells will be sworn in as a District Court Judge on Tuesday, July 27.
$100,000 grant helps Sutherland tackle graffiti
Issued: 19 July 2010
Sutherland Shire Council is using a $100,000 NSW Government crime prevention grant to make parks more resistant to graffiti, Attorney General John Hatzistergos announced today.
NSW Attorney General, John Hatzistergos together with Member for Menai, Alison Megarrity and Member for Miranda, Barry Collier today congratulated Mayor Lorraine Kelly for Council’s work in aiming to reduce graffiti in the community.
“This grant was awarded to Sutherland Council as part of the Keneally Government’s $1.61 million commitment to support grass roots crime prevention strategies across NSW,” Mr Hatzistergos said.
“It has involved changing the environmental design of graffiti hotspots to make it harder for vandals to deface property and avoid being caught,” Mr Hatzistergos said.
“As part of its project Council is in the process of green-screening walls at a number of its parks, which has involved planting vegetation that acts as a natural barrier to graffiti.
“Other anti-graffiti measures have included improving lighting and removing obstacles that would prevent ‘natural surveillance’ in parks.”
Ms Megarrity said that while the rate of malicious damage in the Sutherland Shire is below the NSW average, Council surveys have shown graffiti is the offence that residents believe has the most negative impact on their lives.
“Vandalism is an offensive and malicious crime that costs local residents, businesses and local government enormous amounts of money in repairs.
“The Council’s existing Graffiti Hotspot Strategy is focusing on rapid removal of graffiti and encouraging the community to report vandalism to police and I commend council for stepping up its campaign in this area and implementing their crime prevention strategy,” Ms Megarrity said.
Mr Collier also commended Council for its work on the plan.
“This is about sending a clear message to vandals that malicious damage in the community will not be tolerated and that we will all work together to do whatever it takes to prevent it,”
“I congratulate Sutherland Shire Council for listening to the community and acting to make us feel safer,” Mr Collier said.
In addition to supporting local government crime prevention initiatives across NSW, the Keneally Government has also introduced a range of measures to combat graffiti including:
Doubling penalties for graffiti vandalism to 12 months in prison;
An annual Graffiti Action Day;
Giving police the power to confiscate spray paint from unsupervised juveniles in public;
Setting up the Police/Rail Counter Vandalism Taskforce to target graffiti and vandalism on the rail network; and
Making it illegal for juveniles to carry spray cans unless for education, employment or legal art.
Mayor of Sutherland Shire Council, Lorraine Kelly said that Council will continue working with community groups, the police and residents to tackle all types of anti-social behaviour including graffiti.
“Funding support from the State Government is a key contributor to the success of council’s ongoing campaign to combat graffiti in this Shire," Clr Kelly said.
Council is implementing Crime Prevention Through Environmental Design measures at:
Parc Menai;
Como Pleasure Grounds;
Gunnamatta Park, Cronulla; and
Shelly Park, Cronulla;
Legal Aid services to be expanded across NSW
Issued: Friday 16 July 2010
Members in the community in need of free legal advice and assistance will be able to access more legal aid services as a result of the Keneally Government securing $60.3 million in funding from the Commonwealth.
NSW Attorney General John Hatzistergos today announced that NSW has signed the new National Partnership Agreement on Legal Assistance Services that guarantees it will receive $10 million more in funding than under the old regime.
“This agreement provides a significant boost to Legal Aid services in New South Wales which has in the past suffered as a result of funding cuts introduced by the former Commonwealth Government,” Mr Hatzistergos said.
Mr Hatzistergos said the agreement reflects the State Government’s commitment to early intervention legal services, community legal information and advice services.
“As a result of this agreement Legal Aid NSW will be able to deliver more preventative legal services such as legal education and information, early intervention services, such legal advice and minor assistance, across both Commonwealth and state areas of law.”
“The funding will allow Legal Aid NSW to expand Family Dispute Resolution services, to assist more people to resolve family disputes without the need to go to court.
“It will also allow Legal Aid NSW to expand its successful legal assistance program for families experiencing mortgage stress.
Mr Hatzistergos also said he was pleased that the Commonwealth has committed an additional $34.9 million over four years to Indigenous legal services.
This includes additional funding for the Aboriginal Legal Service, which will help to improve access to legal advice for Aboriginal people in New South Wales, especially in criminal matters.
Chief Executive Office of Legal Aid NSW, Mr Alan Kirkland welcomed the new funding agreement saying that “This boost in funding recognises the valuable work provided by legal aid lawyers every day, in courts and community agencies across New South Wales.”
Expert team will help reduce domestic violence deaths
Issued: Friday 16 July 2010
Laws that pave the way to establish The Domestic Violence Death Review Team commence from today with the Attorney General John Hatzistergos announcing the first appointment to the team.
The Domestic Violence Death Review Team will be made up of a panel of experts with new powers to review deaths caused by domestic violence.
The team, to be based at Glebe Coroners Court, will also recommend ways to reduce the incidence of domestic violence deaths.
About 42 per cent of homicides each year result from domestic violence situations according to research conducted by The Bureau of Crime Statistics and Research.
NSW Attorney General, John Hatzistergos today announced that Anna Butler, the former Executive Officer of the Sentencing Council and DNA Review Panel, has been appointed as Manager and will be responsible for managing the operational requirements of the Team.
“She brings a wealth of experience in producing high level research reports and providing secretariat support to a panel.”
The panel of experts made up of representatives from law enforcement, justice, health, social services and non-government agencies will be assembled and announced later in the year.
“These news laws mean that the team will be able to search for trends or systemic issues that have led to domestic violence deaths and identify how systems or services can be improved to protect people living in fear,” Mr Hatzistergos said.
“The laws expanded the definition of ‘domestic violence death’ to enable the team to not only examine homicides, but also other deaths such as accidents and suicides that are related to domestic violence.”
Member for Balmain Verity Firth said the ability to look at all deaths relating to domestic violence, whether they are suicides or fatal accidents will help reduce the number of tragedies.
“Up until now these types of associated deaths have not been included in official domestic violence figures - despite the fact they are often caused by domestic violence,” Ms Firth said.
“Already around 42 per cent of all homicides in NSW are attributed to some form of domestic violence.”
“This is a tragically high number and the Government needs to do everything it can to prevent and reduce domestic violence related deaths.”
Minister for Women Jodi McKay said The Domestic Violence Death Review Team will include representatives from law enforcement, justice, health, social services and non-government agencies. It will:
- be chaired by NSW State Coroner Mary Jerram;
- exchange information with similar bodies in other states and territories as well as the NSW Child Death Review Team;
- have the power to review closed cases of domestic violence-related deaths in NSW including homicide of a spouse, partner or child; suicides; and fatal accidents
- establish and maintain a database of these deaths;
- undertake research that aims to prevent and reduce the likelihood of such deaths; and
- produce an annual report on their findings.
Mr Hatzistergos said the changes would also ensure the team was chaired by a current or former State Coroner or Deputy State Coroner.
“The role of the State Coroner in the team is crucial as she is experienced in investigating causes of death and has access to coronial networks across Australia, such as the National Coroners Information System,” Mr Hatzistergos said.
The Keneally Government is providing $500,000 recurrent funding for the project.
Convenor of the Domestic Violence Coalition Committee, Ms Betty Green, commended the Government’s initiative in establishing the Domestic Violence Death Review Team.
“This is a significant step forward in understanding more about domestic violence, domestic violence deaths and what steps need to be taken to prevent similar deaths.” Ms Green said.
Domestic violence facts
- There were 215 victims of domestic homicide in NSW;
- Approximately 18 per cent of all homicides were intimate partner homicides;
- The rate of domestic homicide per year remained stable, ranging from a low of 0.46 per 100,000 population in 2004 to a high of 0.63 per 100,000 population in 2006;
- Approximately 42 per cent of all homicides were domestic, defined with reference to the Crimes (Domestic and Personal Violence) Act 2007;
- For every one domestic homicide there were over 620 domestic violence related assaults;
- Forty-three per cent of domestic homicide victims (70 females and 22 males) were killed by intimate partners;
- Stabbing was the most common act causing death, with knives used in over one third of domestic homicides;
- Twenty-six per cent of offenders were persons of interest in a violence related incident in the 12 months prior to the homicide;
- Ten per cent of victims were recorded by police as having been involved in an incident of domestic violence involving the same alleged homicide offender in the 12 months prior to the homicide;
- Compared with the offenders in the non-lethal assault group, a higher proportion of femicide offenders were ex-spouses or ex-partners of the victim (27% vs 16%);
- In the five years prior to the event, a greater proportion of offenders in the nonlethal assault group had had contact with the police for a violence related incident (70% vs 53%); and
- In the 12 months prior to the homicide or non-lethal assault, similar proportions of offenders in these groups (around 1 in 4) had had contact with the police in relation to a violence related incident against the victim.
NB: BOCSAR figures for the period between January 2003 and June 2008
Chief Magistrate appointed a District Court Judge
Issued: Thursday 15 July 2010
NSW Attorney General John Hatzistergos today announced the appointment of Chief Magistrate Graeme Henson as a District Court judge.
“The dual commission afforded to Chief Magistrate Henson is an acknowledgement of the close relationship between the District and Local Court, which work together to provide NSW with the most efficient court system in Australia,” Mr Hatzistergos said.
“All criminal matters in NSW begin in the Local Court and 98 per cent of cases are finalised by this court, including some complex and serious matters that would have previously gone to the District Court.
“The Local Court refers cases to the District Court that must be dealt with by a trial by jury or by a sentencing judge.”
Mr Hatzistergos said Chief Magistrate Henson would continue to oversee the Local Court.
Chief Magistrate Henson will be sworn in as a District Court judge on Tuesday, July 20.
Mr Hatzistergos today also announced the appointment of retired Deputy Chief Magistrate Paul Cloran as an Acting Judge of the District and Drug Courts. Mr Cloran has been appointed as a judicial member and Deputy Chair of the State Parole Authority for 3 years.
The NSW Government has recently announced that the highly successful Drug Court program will be expanded to the Hunter region.
The Hunter Drug Court will be run from Toronto Courthouse and will service Newcastle, Lake Macquarie, Cessnock, Maitland and Port Stephens.
Since 1999, the Western Sydney Drug Court has diverted thousands of drug-dependent offenders into supervised treatment to eliminate their drug dependence. Offenders are subject to strict supervision, including regular urinalysis, and those who fail to comply risk being sent to prison.
“During his 23 years on the bench of the Local Court, Mr Cloran saw first hand the devastating impact that drugs had on defendants,” Mr Hatzistergos said.
“I am sure Mr Cloran will draw upon his extensive experience to help defendants trapped in a cycle of drugs and crime to turn their lives around.”
A recent evaluation of the Drug Court at Parramatta by the Bureau of Crime Statistics and Research has shown that it has been highly effective in reducing rates of recidivism.
Review of criminal law – death of an unborn child
Issued: 3 July 2010
Attorney General John Hatzistergos today reminded interested parties that submissions to the review of laws relating to criminal actions which result in the death of an unborn child will close on July 16.
Justice Michael Campbell QC is undertaking the review – he has served as a former Justice of the Supreme Court and Court of Criminal Appeal.
The review, to be handed down late this year, will include consideration of the following:
- whether current offences which now invoke an extended definition of grievous bodily harm to cover the destruction of the foetus of a pregnant woman, including those relating to dangerous and negligent driving, enable the justice system to respond appropriately to criminal incidents involving the death of an unborn child;
- whether maximum penalties for these offences are appropriate;
- whether standard non-parole periods should be either introduced or varied for any of these offences;
- whether the Crimes Act 1900 should be amended to allow a charge of manslaughter to be brought in circumstances where an unborn child dies;
- whether NSW should introduce any other specific offences for cases involving the death of an unborn child;
- what further consultation, if any, should take place; and
- any other relevant civil or criminal law matter.
Interested individuals and organisations are invited to make submissions to the review by 16 July 2010. More information can be found at http://www.lawlink.nsw.gov.au/clrd
New Deputy Chief Magistrate for NSW
Magistrate Jane Culver has been appointed a Deputy Chief Magistrate of the Local Court of NSW, Attorney General John Hatzistergos announced today.
“For the past six years, Magistrate Culver has served with distinction on the bench of the Local Court and I am sure she will continue to do so as she replaces Paul Cloran
who has retired as Deputy Chief Magistrate,” Mr Hatzistergos said.
Since being admitted as a solicitor in 1989, Magistrate Culver has worked as a lawyer for Mallesons Stephen Jaques and served as a Senior Lawyer at the NSW Crime
Commission.
Magistrate Culver was admitted as a barrister in 2002 and spent two years as a Crown Prosecutor before being sworn in as a Magistrate in 2004. She was subsequently
appointed a Children’s Court magistrate and as a member of the Children’s Court Advisory Committee.
Mr Hatzistergos today also announced the appointment of Jennifer Atkinson as a Magistrate of the Local Court of NSW.
Ms Atkinson was the instructing solicitor to counsel assisting the judicial inquiry into the conviction of Phuong Ngo.
Ms Atkinson also managed the project that resulted in the enactment of the Civil Procedure Act 2005 and the adoption of uniform civil procedure rules across most NSW
courts, including the Local Court, Supreme Court, District Court, Land and Environment Court and the Industrial Relations Commission.
“The introduction of uniform civil procedure rules has made it easier and more cost effective for litigants to come to court and has increased the efficiency of the justice
system,” Mr Hatzistergos said.
During her 20-year career, Ms Atkinson has also practiced law in Queensland and is currently the Manager of Court Services and Prothonotary at the Supreme Court of NSW.
Magistrate Culver will be sworn in as a Deputy Chief Magistrate on July 12, while Ms Atkinson will be sworn in as a Magistrate on July 19.
Letter to the Editor - The Sun-Herald
Published: 4 July 2010 in The Sun-Herald
I refer to the article by Alex Mitchell (Hatz should knuckle down and find a job, June 27).
The column, which contained no sources or quotes, is wholly without truth.
For the record, I already have a job and one I am committed to fulfilling as a member of the Keneally Government. I have made no approaches, received no rebuffs and have no intention in doing otherwise.
John Hatzistergos MLC
Attorney General
Letter to the Editor - The Sunday Telegraph
Published: 4 July 2010 in The Sunday Telegraph
Mr Warner Russell (Sunday, 27 June) wrote to express concern regarding recent changes to the Jury Act passed by the NSW Parliament.
The NSW Government is committed to ensuring a fair and equitable jury system and has no intention of requiring those with responsibilities such
as the full time care of a sick, infirm or disabled person to serve on juries where this will cause personal hardship, or to require those who are
themselves unable physically or mentally to serve to do so.
People who are pregnant or have responsibility for the care of small children, the disabled or the elderly will still be able to apply for an exemption from jury duty.
They will be able to do so in accordance with publicly available guidelines to be drawn up by the Sheriff’s Office. These guidelines will be published before the new
laws commence, later in 2010.
Many women in the early stages of pregnancy, and many people aged over 70, wish to serve on a jury. The new laws will enable them to do so.
The Sherriff will consult with key groups when drawing up the guidelines on the factors that should be considered in any request to be excused from jury service.
The recent changes to the jury system were proposed by the NSW Law Reform Commission, and are designed to introduce greater flexibility and
equity into the management of jury selection.
John Hatzistergos MLC
Attorney General
NSW Relationships Register up and running
Issued: 1 July 2010
As of today, unmarried couples will be able to formally prove they are in committed or de facto relationships with the establishment of the NSW Government’s Relationships Register.
NSW Attorney General, John Hatzistergos launched the Register today, saying it will make it easier for unmarried couples to access government services, legal entitlements or records.
It will also provide unmarried heterosexual and same-sex couples with a simple and dignified mechanism to have their relationships recorded and respected.
“Previous laws made it difficult for couples who are in de-facto or committed relationships to prove their relationship for the purpose of obtaining necessary documents,” Mr Hatzistergos said.
“Couples who choose to register their relationship will now be provided with one document that helps prove their relationship sparing them the frustration of constantly having to supply agencies with large amounts of paperwork,” he said.
The NSW Government welcomes the Commonwealth Government’s cooperation to implement complementary amendments to Commonwealth regulations, which also commence today. These will enable couples registered under the NSW scheme to be recognised as de facto couples under a wide range of Commonwealth laws including taxation, social security, health, aged care and superannuation laws.
Mr Hatzistergos said the Relationships Register will not provide for civil unions, but will reflect the serious commitment made by couples who choose to register their relationship.
“Couples will need to be able to prove they are eligible to be included on the Register and can have the registration terminated if the relationship dissolves,” he said.
To be eligible to register a relationship on the Relationships Register in NSW:
• Couples must be in a committed, exclusive relationship;
• Couples must not be married or in another relationship that is registered or registrable
• Couples must be 18 years of age or older; and
• One person must be a resident of NSW.
Mr Hatzistergos said that in establishing the Relationships Register the Government has also amended legislation allowing registered relationships to be considered on par with de facto relationships under NSW law.
“Relationships registered in other states and territories will be recognised under NSW laws.
“The ACT has recognised relationships registered in NSW. The Government is also working to ensure there is reciprocal recognition in other jurisdictions that have registers in place,” Mr
Hatzistergos said.
The NSW Registry of Births Deaths & Marriages is managing the Register. To inquire about the register, please contact Manager, Registration Development Services on (02) 9035 6545 or visit www.bdm.nsw.gov.au
Financial reporting simplified for not-for-profits
Issued: 30 June 2010
Minister for Regulatory Reform John Hatzistergos has welcomed the introduction of a standard national approach to basic financial reporting for not-for-profit groups from tomorrow – the start of the new financial year.
“The not-for-profit sector is a significant and valued contributor to the wellbeing of NSW communities, as well as the NSW economy,” Mr Hatzistergos said.
“The NSW Government is committed to helping not-for-profits work effectively and efficiently, without being wrapped up in red tape.
“Harmonising the way that different government funders ask basic financial questions will mean not-for-profits spend less time and money reporting to funders and more time doing their work and contributing to the community.”
Under the changes that commence on 1 July 2010, not-for-profit groups that report to more than one government funder will now have the choice to keep one set of financial information that will satisfy all their financial reporting requirements.
“For not-for-profits, big or small, funded by NSW agencies or governments from across Australia, this means a massive cut in red tape,” the Minister said.
NSW joined with the other states and territories in endorsing the national approach to financial reporting for Non-Government Organisations (NGOs) at the Council of Australian Governments meeting in April 2010.
Mr Hatzistergos said that the NSW Better Regulation Office had consulted widely with all state government agencies and the not-for-profit sector on the national standard chart of accounts that will guide requests for basic financial information.
The national Standard Chart of Accounts will be used to guide the way that all state and federal government agencies ask not-for-profit groups to report basic financial information.
Adoption of the standard by not-for-profit groups will be voluntary, but will allow those that report to more than one government funder to keep one set of financial information to satisfy all their financial reporting requirements.
The changes will harmonise reporting requests for grants awarded after 1 July 2010, saving non-profits time and money and reducing regulatory burden.
The standard is available on the Better Regulation Office’s website at www.betterregulation.nsw.gov.au
Helping the homeless pay off fines
Issued: 24 June 2010
A trial scheme to help the homeless and mentally ill work off their fines has drawn widespread community interest, particularly from regional centres across NSW, said Attorney General John Hatzistergos.
Mr Hatzistergos said forums held to promote the Keneally Government’s new Work and Development Orders (WDO) have recently been held in the Central Coast, Dubbo, the Far North Coast, Newcastle, Sydney and Wollongong.
“News of the scheme has spread among charities and community providers, many of which have been eager to sign up and have their clients take part,” said Mr Hatzistergos.
To thank the more than 70 organisations which have been approved to participate in the WDO scheme, including the Salvation Army, Mission Australian and St Vincent de Paul, Mr Hatzistergos planned to meet with their representatives today at NSW Parliament.
(Media are invited to the Strangers Lounge at NSW Parliament at 10.30am today)
Mr Hatzistergos said people who are homeless, mentally ill or experiencing severe financial hardship often face great difficulty getting back on their feet if they have a debt accumulated through unpaid fines.
“The scheme offers disadvantage people who can’t afford to pay their fines the chance to pay off their debt and avoid being drawn into the criminal justice system.”
“I am pleased to report that work completed by the applicants to date has accounted for approximately $29,250 in fines repaid.”
Mr Hatzistergos said the WDO scheme required a person to undertake voluntary work for approved organisations, counselling, drug and alcohol treatment, or to complete educational, vocational or life skills courses.
He said new online registration forms, available on the State Debt Recovery Office website, now made it easier than ever for community providers to register for the scheme and assist their clients.
“Approved organisations are now given a username and login and can now make new WDO applications for their clients, view approved WDO clients’ outstanding debts and request to add court fines to existing WDOs.”
Mr Hatzistergos said the the two-year trial of the Work and Development Order scheme was part of a package of reforms to the state’s Fines Act in 2008 designed to assist vulnerable groups in society.
Laws to streamline e-commerce
Issued: 24 June, 2010
New laws introduced into NSW Parliament today will make it easier to conduct business on the internet and through other electronic means by clarifying the rules for contracts that are made via electronic communications.
“This is about providing certainty for businesses and individuals who are increasingly using electronic means such as the internet, email, text and voice messages to enter into business transactions,” NSW Attorney General John Hatzistergos said.
“We now live in a world where buying and selling online and communicating electronically is commonplace.
“That is why we have introduced these new laws to clarify the law of contract in relation to electronic communications to give businesses a clear set of rules within which they can operate.”
The Electronic Transactions Amendment Bill 2010 makes a number of amendments that clarify how contracts are offered and accepted via electronic communications.
The amendments include:
- clarifying the use of automated message systems as they relate to the offering and acceptance of business contacts;
- setting default rules about the time that electronic messages are capable of being received;
- providing that a contract formed by the interaction of automatic message system and a person or another system is not invalid merely because automated message systems were used.
The NSW Bill is based on a model law that was agreed to by all State and Territory Attorneys General, and the Commonwealth Attorney General, in 2010 after national consultation.
They reflect the most recent United Nations convention on the use of electronic communications in business, to which the Australian Government proposes to accede after appropriate domestic laws are in place.
This will ensure rules are consistent across Australia, and internationally, to support the growth of e-commerce.
One stop shop for privacy and access to information
Issued: 24 June 2010
The Office of the NSW Information Commissioner and Privacy Commissioner will be brought together to form one agency, providing the public and the media with a one-stop shop on issues concerning access to Government information and documents.
The NSW Government has today introduced the Privacy and Government Information
Legislation Amendment Bill, that will create a unified administrative hub for information management throughout the state, Attorney General, John Hatzistergos announced today.
Mr Hatzistergos said the laws follow a report by the NSW Law Reform Commission in 2009 recommending that functions relating to information and privacy be brought together into a single office.
“These reforms deliver on the NSW Government’s commitment to drive cultural change throughout the Government towards greater openness and transparency with regard to the release of information while protecting the privacy of individuals,” he said.
“When members of the public are seeking information relevant to their individual circumstances it is not always clear whether those applications should fit under privacy legislation or access to information laws.”
“Bringing the two commissioners under the one roof will improve the efficiency and consistency of decision-making on issues concerning access to information, which will benefit the media and the general public.”
“Under these laws, a phone hotline will be established enabling people to find out the best way of accessing NSW Government documents or to discuss concerns about personal details being made public or incorrectly held,” he said.
Mr Hatzistergos said that under the laws the Privacy Commissioner and the Information Commissioner will remain separate positions to ensure there are strong and unbiased advocates for both privacy and for access to information.
“The state’s first Information Commissioner, Deirdre O’Donnell, was appointed on May 10, as part of the biggest overhaul of freedom of information in New South Wales in 20 years,” he said.
“The Government Information (Public Access) Act will commence on July 1, heralding a new era of openness and accountability.”
“Both the Information Commissioner and Privacy Commissioner will make sure government agencies are aware of their obligations under the laws, and will be able to review decisions agencies make about releasing information,” he said.
Mr Hatzistergos said some further amendments to privacy legislation and the Government Information (Public Access) Act will be necessary to ensure the laws are complementary.
Any member of the public can contact the Information and Privacy Commissioners on 1800 INFOCOM (1800 463 626).
Laws to better protect businesses and the community borrowing using personal property
Issued: 24 June 2010
The NSW Government is bringing Australia a step closer to having one system of regulating the use of personal property to secure finance, passing laws that assist the commonwealth implementation of a national register of interests for personal properties securities.
“The new laws will assist the Commonwealth implement a single national law that will create a uniform and user friendly approach to personal property securities and better protect businesses and the community,” Attorney General John Hatzistergos announced today.
“Secured finance using personal property is a major area of business for Australia’s banking and finance sectors.”
“Lenders often take a security interest in a borrower’s personal property (such as cars, furniture and livestock) to ensure they are not left out of pocket if the borrower defaults on a loan,” Mr Hatzistergos said.
“However, the regulation of personal property securities has been hindered by overlapping or inconsistent laws and registers. There are currently more than 70 personal property laws and 40 registers operating in Australia.”
With the cooperation of NSW and other states and territories, the Federal Government will introduce a national online register of interests in personal property securities.
The single national register will replace most existing registers such as the Register of
Encumbered Vehicles (REVS). It will also allow lenders to register some personal property securities, for which there is currently no registration scheme.
Mr Hatzistergos said the online register will be publicly accessible and will allow for more effective screening of borrowers.
“The register will provide lenders with an easy way to make sure that personal property offered as security by a borrower is not already the subject of a security interest,” Mr
Hatzistergos said.
“It will allow prospective buyers of property to check whether the item is carrying a debt.”
Mr Hatzistergos said unifying personal property security laws would reduce uncertainty for lenders and borrowers.
“The national scheme will make the financing of personal property clearer, cheaper and less time consuming which will benefit businesses, individuals and consumers,” Mr Hatzistergos said.
Personal property is defined as almost any asset other than real estate (real estate is covered by a separate system). It can include less tangible property such as patents and copyrights.
Dispute resolution laws passed to benefit new business
Issued: 23 June 2010
NSW has passed model commercial arbitration laws that position Australia as a major player in the growing international market for commercial dispute resolution and lay the foundations for a major expansion of the legal services sector in NSW, Attorney General John Hatzistergos said.
“Commercial dispute resolution is now commonly used as the preferred option for resolving business and commercial disputes around the world,” he said.
“Yet our previous arbitration laws were nearly three decades old, and were failing to be an efficient alternative to litigation.
“These new laws will ensure arbitration delivers on its promise to be a quicker, less expensive and less formal option than litigation. They also ensure NSW’s domestic arbitration laws align with the Commonwealth’s international arbitration laws, and accepted international practice in this area.”
Mr Hatzistergos said the model laws are based on the United Nations Convention on International
Trade Law, which reflects world’s best practice for arbitrating commercial disputes.
“The new domestic arbitration laws go further, however, and address matters such as procedural fairness involved in combined mediation-arbitration, which the United Nations law does not,” he said.
“Specifically, the new laws allow parties the flexibility to solve their disputes by negotiation and agreement, but also provide certainty, should the mediation terminate, as the arbitration can proceed to a binding award.”
Mr Hatzistergos said these additional matters were included in the Bill after consultation with domestic stakeholders on what other matters they considered should be regulated. They reflect similar provisions in place in Hong Kong and Singapore.
“Ultimately, these reforms mean Australian companies operating in global markets can resolve disputes, domestically and internationally, under similar procedures with which they and their partners are familiar.”
Doug Jones, President of the Australian Centre for International Commercial Arbitration, welcomed the laws saying that:
“These reforms to our domestic arbitration laws will benefit Australian business, and give global businesses the confidence to choose Sydney over Hong Kong, Singapore or London as the seat to solve their cross border disputes.”
Australia’s total legal services export and cross-border income was worth $675 million in 2006-2007according to the International Legal Services Advisory Council.
Australia’s first International Dispute Centre is set to be opened in Sydney later this year.
Laws passed to resolve more child protection cases out of court
Issued: 23 June 2010
The NSW Parliament has this week passed laws that will change the way child care proceedings are handled in the Children’s Court, increasing the use of alternative dispute resolution in protection matters and sparing vulnerable children and families the trauma of going through a court hearing.
The NSW Government’s Court Legislation Amendment Bill implements key recommendations contained in the Wood Inquiry into Child Protection Services that promote mediation to better involve families in decision making processes and resolve more cases outside of court.
The laws also improve the overall efficiency and operation of courts and tribunals, particularly in dealing with child protection matters.
“Going to court can be quite an intimidating experience particularly if there is family violence issues involved or there is the emotional damage of a family break-up,” NSW Attorney General, John Hatzistergos today said.
“Alternative dispute resolution processes like mediation, empower children and their families in the decision making and alert families as to what they can do to remedy a situation. All this can lead to quicker outcomes that are better informed, accepted by all parties and more likely to be implemented.”
Mr Hatzistergos said the laws ensure alternative dispute resolution before and during care proceedings by facilitating Dispute Resolution Conferences for matters that end up in the Children’s Court.
Dispute Resolution Conferences will be conducted by specially trained Children’s Registrars and will provide parties with an opportunity to agree on the action that should be taken in the best interests of the child and allow for the direct participation of the child’s family and others concerned for the safety, welfare and wellbeing of the child in the decision-making process.
Laws passed to increase pay and make jury service easier for rural and regional centres
Issued: 23 June 2010
Despite protests from the Opposition, NSW Parliament last night passed laws that broaden the jury pool and make jury service easier in rural and regional centres.
“The news laws, opposed by Liberals and Nationals, broaden the jury pool to include previously exempt professions such as lawyers and retired judges, increase jury allowances, and strengthen
workplace protections for employees who serve,” NSW Attorney General, John Hatzistergos said.
“One of the requirements of jury service is that jurors selected to serve are not familiar with individuals involved in the case – something that can become difficult to achieve if you are
selecting jurors from a community where people know each other well.”
“By broadening the jury pool these laws will enable more people to fulfil their civic duty by serving on a jury, and reduce the need for trials to be transferred to larger centres or delayed.”
Mr Hatzistergos said that the new laws have reduced the number of groups who are either ineligible or have a right to exemption.
Most lawyers will now be eligible for jury duty, but not those working in the criminal justice system. In addition, retired police officers and judicial officers will be eligible to serve three years after they
leave their job.
A number of other groups will also no longer be subject to a “blanket exemption” including people aged over 70, pregnant women, carers of a person who is sick, infirm or disabled, and a person
who resides more than 56 Kilometres from the court.
Under the changes, a person can claim an exemption for jury service if they can show ‘good cause’ – which could be that they have a disability, there is a conflict of interest that may result in a lack of
impartiality, or that serving would cause them undue hardship.
Mr Hatzistergos said that it is a shame that the NSW Liberal and National parties sought to dilute laws that will make sure criminal trials can continue in small regional centres, where it is
convenient for witnesses and others involved in the trial.
“The Liberals and Nationals have got it wrong once again. Not only are they out of touch with community views about the need to widen the jury pool, but they are also out of step with the views
of the legal profession. The Law Society and the Bar Association have strongly backed the move to include lawyers in the jury pool.”
Mr Hatzistergos also said changes to the jury allowance system will make it easier for employed jurors to serve on longer trials. This will be supported by stronger workplace protections for people
called for jury service.
“Changes to the allowance system will boost the daily rate from $100 to $225 after 10 days, when jurors no longer have to be paid by their employers, for jurors who are employed.”
“Corporations who sack or unfairly discriminate against employees could be fined up to $22,000, while individual employers will face fines of up to $5,500. New laws will also prevent employers
forcing employees to take leave, or to work outside court sitting times, while serving on a jury.”
Laws passed to increase pay and make juries more representative
Issued: 22 June 2010
Despite protests from the Opposition, NSW Parliament has today passed laws that increase jury allowances, broaden the jury pool to include previously exempt professions such as lawyers and retired judges, and make jury service easier for everyday working people.
“These laws are designed to expand the pool of people eligible to serve on juries, strengthen workplace protections for employees who serve and overhaul the payment system for jurors,” Attorney General John Hatzistergos said.
“Yet Shadow Attorney General, Mr Greg Smith has refused to back laws that will improve the justice process by claiming, incorrectly, that lawyers may corrupt the jury process.
“Mr Smith has got it wrong once again. Not only is he out of touch with community views about jury service but he is also out of step with the views of his own profession.
“The Law Society of NSW, a body with a membership of more than 22,000 solicitors across the State, has strongly supported the widening of the jury pool to include lawyers, with its 2008 President, Hugh Macken, stating that:
“…it's important that in order for juries to enjoy the confidence of the public that they be selected from the whole of society without exclusions.
"Solicitors should be treated like all other members of the community and be given the opportunity to show cause as to why they should not be allowed to serve as jurors.”
Mr Hatzistergos said that the new laws have reduced the number of groups who are either ineligible or have a right to exemption, because there is a need to broaden the jury pool and ensure that the obligations of jury service are shared widely.
“It is also important to recognise that there are many people who were automatically exempted under previous laws who want to perform this important civic duty.” Mr Hatzistergos said.
As part of the changes, most lawyers will be eligible for jury duty, but not those working in the criminal justice system. A number of other groups will also no longer be subject to a “blanket exemption” including people aged over 70, pregnant women, carers of a person who is sick, infirm or disabled, and a person who resides more than 56 kilometres from the court.
Under the changes, a person can claim an exemption for jury service if they can show ‘good cause’ – which could be that they have a disability, there is a conflict of interest that may result in a lack of impartiality, or that serving would cause them undue hardship.
Mr Hatzistergos also said changes to the jury allowance system will make it easier for employed jurors to serve on longer trials and will also strengthen protections.
“Changes to the allowance system will boost the daily rate from $100 to $225 after 10 days, when jurors no longer have to be paid by their employers, for jurors who are employed.”
“Corporations who sack or unfairly discriminate against employees could be fined up to $22,000, while individual employers will face fines of up to $5,500. New laws will also prevent employers forcing employees to take leave, or to work outside court sitting times, while serving on a jury.”
Letter to the Editor - The Sydney Morning Herald
Published: 21 June 2010 in The Sydney Morning Herald
I extend my sympathies to the family of Ian Klum. Your article stated I "made no apology". That comment was not made in relation to that case.
Driving offences are serious and after community concern was recently expressed in relation to Brodie Donegan's loss, I referred driving penalties to a former Supreme Court judge for review.
This has been the way I have approached my tenure as Attorney General. I have referred over 20 areas of law to expert bodies like the Sentencing Council. Advice has been sought from the DPP, Legal Aid and the courts. Hundreds of recommendations have been acted upon.
The Government has increased some penalties but we haven't denied individuals the opportunity to rehabilitate.
Last week I announced that the Drug Court, which refers addicts into treatment, would be expended to the Hunter.
The CREDIT program was established last year and refers defendants into training and other assistance.
And recently the Government introduced Intensive Correction Orders, an alternative to imprisonment whereby offenders participate in rehabilitation programs.
The inference that the Government’s sentencing regime is excessively punitive is wrong. The Shadow Attorney General's claim to end the "auction" has not meant he has stopped calling for harsher penalties, including imprisonment for the possession of "any knife" and "putting fear into the lives" of graffiti offenders.
John Hatzistergos
NSW Attorney General
Councils awarded $150,000 to tackle crime in the Inner West
Issued: 21 June 2010
The NSW Government has awarded grants totalling almost $150,000 to Strathfield, Burwood and Canterbury councils for crime prevention strategies that will tackle crime in the inner west such home burglaries, street robberies and stealing from motor vehicles.
NSW Attorney General John Hatzistergos, Member for Strathfield Virginia Judge, Member for Canterbury Linda Burney, and Member for Lakemba, Robert Furolo today congratulated mayors and representatives from Strathfield, Burwood and Canterbury councils for developing initiatives that will reduce theft in their respective local areas.
“The NSW Government, through its $1.61 million Crime Prevention Program, enables councils throughout the state to develop and implement initiatives aimed at tackling crime specific to their communities,” Mr Hatzistergos said.
“The most recent figures from the NSW Bureau of Crime Statistics and Research show that crime rates for 16 out of 17 major crime categories were falling or stable over the 24 months to March 2010.
“In fact eight crime categories across the state showed significant falls with break and enter dwelling down 7.1%, break and enter non-dwelling down 14.9%, steal from motor vehicle down 12.8% and robbery without a weapon down 7.2%.”
“The initiatives put forward by each of the councils today are aimed at achieving further reductions in crime and demonstrates their commitment to keeping their communities safe.
The grants awarded to council are for crime prevention plans that include:
• $50,000 to Strathfield Council for a program that aims to protect vulnerable home owners, particularly the elderly, from burglary. As part of the plan pensioners, victims of break and enters and people living in hotspot areas will be able to apply for free or subsidised security upgrades of their homes. The upgrades will include the installation of door and window locks, while more than 600 ultraviolet security markers will be distributed to the community to allow homeowners to invisibly label valuables. Council will also be promoting the use of a Self Auditing and Home Security Kit developed by the Department of Justice and Attorney General enabling home owners assess the level of risk to their properties and make them more resistant to break and enters. The Kit will be available in English, Korean and Mandarin and can be accessed at www.crimeprevention.nsw.gov.au
• $50,000 to Canterbury City Council for a program to reduce motor vehicle theft primarily aimed at owners of older vehicles which are more likely to be targeted by thieves. Council will offer immobiliser vouchers to local residents whose vehicles were manufactured before 1988 and are deemed to be at high risk of theft.
As part of the plan, information packs on vehicle security will also be distributed at commuter car parks, major shopping complexes and at Lakemba, Campsie, Belmore, Punchbowl and Wiley Park train stations. Translated brochures will also be provided to a number of ethnic organisations.
• $44,000 to Burwood Council for a project to reduce street robberies. The project will improve lighting along walkways between Burwood Park and Strathfield train station. The Council will also consult with local businesses on how to protect them against retail crime and warn the public with a Watch Out publicity campaign which offers safety tips on how to reduce the risk of being a victim of theft.
Another major component of the council’s strategy will involve assessing future development applications with a view to redesigning the urban environment to reduce the opportunities for crime.
Member for Strathfield, Virginia Judge congratulated the councils for the work done in developing their crime prevention plans.
“Street theft and robbery can cause residents and businesses significant financial loss and psychological suffering, and I commend each of the councils for their commitment in reducing crime in the area,” Ms Virginia Judge said.
Minister Burney and Mr Furolo also echoed these sentiments.
“In developing these plans, councils work with the community, the police and local businesses.
They seek not only to deter crime, but empower residents to be more vigilant about crime,” Ms Burney said.
“I commend all those involved in these crime prevention initiatives for their dedication in keeping their local community feel safe and protected,” Mr Furolo said.
Mr Hatzistergos said that in addition to the grants awarded today, each council is eligible to continue to apply for funding for its crime prevention plan as part of the NSW Government’s $1.61 million commitment to crime prevention programs across NSW.
Letter to the Editor – The Australian
Published: 19 June 2010, The Australian
SALLY Neighbour's article ("When justice is not seen to be done", Features, 16/6) wrongly describes the NSW legislation as allowing the government to impose control orders.
In fact it is a judge, not the attorney-general, who is able to make declarations in regard to an organisation and it is the Supreme Court that is able to make control orders.
The article also states that the attorney-general can rely on criminal intelligence. In fact it is the police commissioner who has this role. The NSW legislation defines criminal intelligence as information about criminal activity that, if disclosed, may prejudice an investigation, expose a law enforcement source or endanger someone's life or physical safety. If a judge is not satisfied that this definition is met, the police commissioner can be asked to withdraw that information or make it available to the other parties.
The involvement of high-level judicial scrutiny is an important safeguard in the process by which declarations and orders under the legislation can be made and a critical variation between NSW and South Australian legislation.
John Hatzistergos, NSW Attorney-General
Arbitration reform must continue
Published Financial Review 18 June 2010
Opinion – John Hatzistergos
It has been 26 years since the present uniform domestic arbitration acts were introduced, and their reform has been on the Standing Committee of Attorneys-General (SCAG) agenda since 2002. This suggestion NSW is rushing this reform (“Arbitrators query rush of NSW bill”, Letters, June 11) is misplaced.
Doug Jones, president of the Australian Centre for International Commercial Arbitration wrote to me on June 7 saying: “ACICA regards it as critical that there be no delay in the implementation of legislation to reform commercial arbitration in Australia.”
I regard it as very important that we have uniform national laws on domestic arbitration. However, I also made it clear that if SCAG could not agree on reform at its April 2010 meeting, I would move to reform NSW law alone.
In April this year, I was pleased ministers agreed to a draft bill prepared after consultation by each jurisdiction. We are moving to ensure that modernisation of these laws does not lose momentum, because it is important to provide business with up-to-date domestic arbitration laws that provide a cost-effective and efficient alternative to litigation.
During consultation on the model law, we asked for input on what issues should be covered by domestic arbitration laws. One such issue was how combined mediation-arbitration processes should be handled. It has been reported in these pages that some stakeholders have identified clause 27D, the proposed mediation-arbitration provision, as “a critical flaw” in the bill because, it is claimed, the provision will make it less likely parties will use this combined process.
This is certainly not a position shared by all stakeholders. A number, including the alternative dispute resolution committee of the NSW Bar Association, strongly support the clause. It also has the strong support of a number of other jurisdictions, and I am advised a similar provision will be inserted by the commonwealth into the International Arbitration Act.
Clause 27D provides for a process that applies if the parties agree to a person appointed as an arbitrator attempting to resolve the matter using mediation. It allows parties the flexibility to attempt to solve their dispute by negotiation and agreement, but also provides certainty, should the mediation terminate, as the arbitration is still able to proceed to a binding award. It also contains procedural safeguards to ensure fairness and finality but protecting against the risk that an arbitrator will make a decision based on information gleaned through private sessions that the other party has not had a chance to answer.
It thereby seeks to ensure finality, too, by removing the possibility of bias tainting a decision.
The suggestion by Michael Sweeney (June 8) that the provision is “a world first” is not correct. Singapore and Hong Kong have provisions of similar effect, and a stated objective of our law is to harmonise domestic and international arbitration law. Based on the criticism, the opposition proposed an amendment in the Legislative Council to delete the disclosure provision in Clause 27D.
This would have been unfortunate had it passed and would have undermined the hard-won national agreement, which is something, the profession and business have made clear, that is a priority.
I do accept that differences of opinion exist in the profession as to how best to deal with mediation-arbitration. For that reason, the government indicated in Parliament on June 10 that I will be asking SCAG to have another look at the section.
This will allow all parties, in all jurisdictions, to consider this issue in light of the concerns raised, and ensure that we retain the important national consistency we have achieved through SCAG.
Mediation to resolve more child protection cases outside of court
Embargoed until 5am Friday 18 June 2010
Vulnerable children and families will be spared the trauma of going through a court hearing with more child care and protection cases to be resolved outside of court through a raft of Alternative
Dispute Resolution measures unveiled today by the State Government.
NSW Attorney General ,John Hatzistergos, and Minister for Community Services, Linda Burney, have announced a series of initiatives that will see new dispute resolution measures introduced in the Children’s Court to better involve children and families in the decision making process.
The initiatives implement recommendations of the Wood Special Commission of Inquiry into Child Protection Services. They have been developed as part of the NSW Government’s response to
the Inquiry, the $750 million Keep Them Safe action plan.
“Going to court can be quite an intimidating experience particularly if there are family violence issues involved or there is the emotional damage of a family break-up,” Mr Hatzistergos said.
“Alternative Dispute Resolution processes like mediation empower children and their families in decision making, which can lead to quicker outcomes that are better informed, accepted by all parties and therefore more likely to be implemented.”
Mr Hatzistergos said the new measures seek to promote Alternative Dispute Resolution at every stage of the process and include:
• A Family Group Conferencing Pilot, conducted by Community Services and run by an independent facilitator enabling families, extended relatives and community elders to come together and plan for children if there are child protection concerns before a case is even considered for court;
• Dispute Resolution Conferences for matters that end up in the Children’s Court which will be conducted by specially trained Children’s Registrars. They will provide parties with an opportunity to agree on the action that should be taken in the best interests of the child and allow for the direct participation of the child’s family and others concerned for the safety, welfare and wellbeing of the child in the decision-making process;
• The Legal Aid External Child Protection Pilot for care matters in the Bidura Children’s Court as an alternative to the Dispute Resolution Conferences. The pilot will offer external mediation through a skilled, neutral mediator facilitating a discussion over child protection issues between Community Services, parents or guardians, lawyers and other interested parties;
• The appointment of five additional Children’s Registrar’s across NSW, located at Wagga, Lismore, Broadmeadow and Parramatta who will also provide a service to surrounding locations.
Mr Hatzistergos said that as part of the increased focus on the role of Alternative Dispute Resolution, all Children’s Registrars will be trained in mediation so that situations are determined after the input of the child, family members and carers.
Ms Burney, lead minister for Keep Them Safe, said the Keneally Government in adopting these measures is seeking to implement best practice approaches identified by the Wood Inquiry into Child Protection Services.
“The Pilots were chosen as a result of recommendations by an expert working party, established by the Department of Justice and Attorney General. The working party included members of the judiciary, representatives from Community Services, Legal Aid and academics,” she said.
“Family Group Conferencing originated in New Zealand and variations of the model are operating in most Australian States and Territories with results showing that many child protection issues being resolved without the need to go to Court.”
Both pilot programs will begin in the second half of 2010.
“The comprehensive response to the Wood report reflects the NSW Government’s determination to ensure children at risk are given the opportunity to reach their full potential and situations are remedied with the input of family members and parties,” Ms Burney said.
Drug court for the Hunter
Release date: 17 June 2010
Attorney General John Hatzistergos today announced that the New South Wales Government had approved $3.7 million in annual funding to introduce the highly successful Drug Court program to the Hunter region.
Mr Hatzistergos said the Hunter Drug Court would be run from Toronto Courthouse and would service the Newcastle, Lake Macquarie, Cessnock, Maitland and Port Stephens Local Government Areas.
“Reducing a person’s drug dependence reduces their need to commit crime”, he said.
“Since 1999, the Western Sydney Drug Court has diverted thousands of drug-dependent offenders into supervised treatment to eliminate their drug dependence.
“Offenders are subject to strict supervision, including regular urinalysis, and those who fail to comply risk being sent to prison.”
A recent evaluation of the program by the Bureau of Crime Statistics and Research has shown that it has worked exceptionally well in reducing rates of recidivism, with Drug Court participants being:
• 17 per cent less likely to be reconvicted for any offence;
• 30 per cent less likely to be reconvicted for a violent offence; and
• 38 per cent less likely to be reconvicted for a drug offence.
“It would be great if we could get these results, or better, in the Hunter Region”.
Mr Hatzistergos said the Minister for the Hunter, Jodi McKay, should be congratulated for her hard work in helping to secure the new funding.
“I know the Minister has been very passionate in delivering a Drug Court to the Hunter and has worked hard to ensure it becomes a reality,” Mr Hatzistergos said.
Minister for the Hunter, Jodi McKay, welcomed the funding and said the Hunter Drug Court builds on the Keneally Government’s $94 million investment in Newcastle’s court complex.
“The Western Sydney Drug Court model has delivered very good results and I am confident those results will be replicated in the Hunter, which is great news for the region,” Ms McKay said.
“The Hunter Drug Court will help drive down crime and assist drug addicts on to treatment.
“It has worked well in Western Sydney and we need the same approach here in the Hunter.”
Ms McKay said she is very pleased that both the new court complex in Newcastle and the Hunter Drug Court are being delivered.
“Investing in these new modern facilities and services will ensure the Hunter is well equipped to deal with law breakers for years to come,” Ms McKay said.
Member for Maitland, the Hon Frank Terenzini MP said the Drug Court would give local judges and magistrates a new option for rehabilitating repeat offenders.
“In my time working with defence practitioners in the Lower Hunter, I know first hand that there is a real need for a Drug Court”, he said.
“I am confidant that the establishment of a Drug Court will go a long way to help drive down rates of repeat offending”.
Mr Hatzistergos said that while the Government had considered basing the Hunter Drug Court in Newcastle, it found that Toronto was currently the best location for the program.
“Under current arrangements, it simply wouldn’t be possible to run the Hunter Drug Court out of Newcastle without adversely affecting existing court sittings there”, he said.
“Once the Newcastle Justice Precinct is completed, we can reconsider our options.
“In the meantime, Toronto Courthouse is an excellent location for the Hunter Drug Court.
“The Court is linked to the Newcastle CBD via a train and bus connection from Fassifern train station.
“It has an available second courtroom with chambers, with provision for an interview room, testing room and holding cells.
“Furthermore, the Office of the Director of Public Prosecutions, Legal Aid Commission, and Probation and Parole Service each has offices in the Toronto area”.
Mr Hatzistergos said that only drug-addicted offenders charged with crimes not involving violent or sexual conduct would be eligible for the program.
Courts given greater powers to utilize judicial expertise
Issued: 10 June 2010The Supreme Court and the Land and Environment Court of NSW will be given greater power to share judicial expertise as part of State Government legislation introduced today.
NSW Attorney General, John Hatzistergos said processes would be simplified to enable Supreme Court judges to sit on the Land and Environment Court and vice versa.
“Until now, the arrangement needed to be approved by the Executive Council of Government and the Governor of NSW. The new process means it only requires the agreement of the judge concerned and both heads of jurisdictions,” Mr Hatzistergos said.
“The NSW Government is committed to sharing skills and expertise between courts.”
Mr Hatzistergos said the changes to the Supreme Court Act and the Land and Environment Court Act will also ensure judicial resources are allocated where they are most needed.
“A Land and Environment Court judge may be called to sit on a Supreme Court case that involves technical planning issues, in which the judge has a high level of expertise,” Mr Hatzistergos said.
“A judge could also be called to the bench of either court to fill in for another judge who is ill or on leave. This could help reduce the need for acting judges by encouraging each court to utilise judges who are available in the other court”.
Mr Hatzistergos said the legislation will also enable chief magistrates to hold dual commissions as District Court judges, elevating the standing of the NSW Local Court.
Following its passing, Mr Hatzistergos said he proposes to recommend Chief Magistrate Graeme Henson’s appointment as a District Court judge.
“Chief Magistrate Henson oversees the Local Court of NSW, which is responsible for finalising 98 per cent of the state’s court cases including some serious and complex matters that would have previously gone to the District Court,” Mr Hatzistergos said.
“By affording chief magistrates a dual commission as District Court judge, the Government is formally recognising the significance of the Local Courts in the NSW justice system and the Chief Magistrate’s important leadership role.”
Largest upgrade of Lismore Court in 20 years
Issued: 8 June 2010
NSW Attorney General, John Hatzistergos today announced that Lismore Courthouse is undergoing a $1 million renovation – the largest upgrade to the building since it was expanded almost 20 years ago.
“Lismore has one of the state’s busiest regional courthouses and this major project will ensure it is also one of the most technologically advanced,” Mr Hatzistergos said.
Mr Hatzistergos said that one of the main focuses of the upgrade will be a new court registry that will make services simpler, faster and easier to access.
“Walking into a courthouse can be quite a daunting experience so it’s important that people can easily access legal information and obtain assistance.”
“The new registry will include a public computer terminal to enable court users to browse legal information on the internet, while display boards will contain details about legal resources and support services,” Mr Hatzistergos said.
“The registry will also have a large split-level counter, that will cater for people who need to use a wheelchair or who need to sit down during their inquiry.
“The renovations will also include the installation of a new lift and other accessibility improvements, ensuring people with a disability can move through the court with dignity and are able to sit on juries in District Court trials,” Mr Hatzistergos said.
Other features of the project will include:
• An air conditioning upgrade including major new components;
• Improving security by relocating the Sheriff’s Office to the registry; and
• Improvements to the fire and life safety systems.
The renovations are due to be completed early next year. Meanwhile, a $171,500 upgrade of the Local and District Court’s audio-visual systems and remote witness room has been completed.
“Audio-visual technology is used to hear bail applications made from prison, testimony from witnesses unable to attend court and closed camera evidence from vulnerable witnesses, such as sexual assault victims,” Mr Hatzistergos said.
“The victim’s evidence can be digitally recorded and used in retrials to spare them the ordealof testifying again.
“The systems can also playback video evidence recorded by police, such as a crime scene walk-through with a suspect,” he said.
$94 million for state-of-the-art Newcastle Court [ 33kb]
Issued: 8th June 2010-06-09
Attorney General John Hatzistergos and the Minister for the Hunter Jodi McKay today announced that the Keneally Government will build a new $94 million court complex which will become the centrepiece of a modern Justice Precinct in the heart of Newcastle.
“The Keneally Government is delivering a record investment in justice to build a better future for Newcastle families,” Mr Hatzistergos said.
“With $4.7 million to be invested this year to secure a site, the Keneally Government is moving forward with its plan to deliver a new courthouse for Newcastle and bring together justice agencies at the one precinct.
“The new Justice Precinct is set to become the state’s largest court complex outside Sydney, with the new courthouse to be at least 20 per cent larger than Newcastle’s existing courthouse.
“The new modern complex will have a floor area in excess of 10,000 square metres, include at least 10 modern courtrooms with videoconferencing technology and be fully accessible to people with a disability.”
Mr Hatzistergos said the Minister for the Hunter and Member for Newcastle, Jodi McKay, had worked hard to secure the funding.
“Since she was elected Jodi has worked very hard to ensure this important project became a reality,” Mr Hatzistergos said.
Ms McKay said funding the new court complex for the Justice Precinct delivered on one of key catalyst projects from the Hunter Development Corporation’s CBD Renewal Report.
“The NSW Government is continuing to invest in the revitalisation of Newcastle’s CBD and the Hunter’s justice needs,” Ms McKay said.
“I am very pleased that the University of Newcastle had indicated it will relocate its Law School to the new precinct in the coming years.
“The location of the precinct also creates an opportunity for other justice agencies to occupy locations surrounding the site creating a justice precinct.”
Ms McKay said the new courthouse will be located at the Burwood Wedge site on Hunter Street in the heart of Newcastle’s civic precinct.
“One of the courtrooms will be large enough to accommodate trials involving up to ten defendants and a jury panel of up to 15 members,” Ms McKay said.
“Having a courtroom of this size will allow Newcastle to hold trials of a similar size to the large terrorist trial held in Sydney.
“The new courthouse will feature airport-style perimeter security and a 24-hour cell complex as well as a range of facilities for victims, support services, justice agencies and the legal profession.
“Community Justice Centres, which help settle disputes through mediation, will also move into the new precinct, and be able to use rooms allocated for Alternative Dispute Resolution.”
Planning of the Newcastle Courthouse will be completed in 2011-12, with construction to begin the following year with the $94 million complex expected to open in 2014-15.
Ms McKay said the Keneally Government will also invest $200,000 to fit out an additional courtroom at Broadmeadow Children’s Court.
“The NSW Budget also provides $200,000 to upgrade Toronto Courthouse, which will include a new registry and computer facilities,” Ms McKay said.
”We will also invest $1 million for a Graffiti hotspot program that will focus on 10 locations in NSW, including Newcastle.
“The program will improve environmental design, such as better lighting and vegetation barriers, at Newcastle’s graffiti hotspots to make them more resistant to vandalism.”
New courthouses in record justice investment [ 105kb]
Issued: 8th June 2010
The Keneally Government will invest $828 million in justice services across NSW and a further $57.1 million in major court upgrades for Sydney and regional areas.
Attorney General John Hatzistergos said the record budget will enable major court upgrades for Sydney and regional areas, and new state-of-the-art courthouse complexes in Newcastle and Armidale.
“This Budget will ensure that the best performing courts in Australia continue to have the best facilities and will invest in programs aimed at reducing re-offending and building safer communities,” he said.
“The Keneally Government’s record investment includes $29 million to fund the state-of-the-art refurbishment of the Supreme Court of NSW Law Courts Building.
“It also includes $26.5 million for the major revamp of the Downing Centre courts and the civil courts and tribunals in the John Maddison Tower.
The five-year project, set to begin in early 2011, will include upgraded jury facilities and two large new courtrooms at the Downing Centre, each capable of hosting high- security criminal trials involving multiple defendants.
As part of the $57.1 million in capital expenditure, the Keneally Government has allocated $4.7 million to secure a site to build a new state-of-the-art courthouse in Newcastle.
“The Keneally Government will deliver the state’s largest court complex outside Sydney for the Hunter,” Mr Hatzistergos said.
Planning of the Newcastle Justice Precinct will be completed in 2011-12, with construction to begin the following year. The $94 million complex is expected to open in 2014-15.
Mr Hatzistergos said the Keneally Government will also build a $15 million justice courthouse for Armidale to be completed by early 2013.
On top of the record $828 million investment in justice and legal services, the Keneally Government will invest record funding in prosecution services and access to justice, bringing the total record investment to $1.1 billion. This investment includes:
- an additional $5.5 million over 2 years for solicitors and other staff for the Office of the Director of Public Prosecutions, bringing their total budget to more than $102 million;
- $154 million for the Legal Aid Commission - an additional $8.4 million on the previous year.
Mr Hatzistergos said investment in court rehabilitation and diversion programs will increase by 13% as part of the Keneally Government’s determination to keep crime rates low and tackle the causes of crime.
“In line with our commitment to reduce reoffending, the investment in innovative court diversionary programs will increase to $26.7 million, up $3.1 million,” he said.
“The Keneally Government will invest $5.5 million to fund the expansion of the innovative Forum Sentencing program which gives victims a say in sentencing, to an additional 25 locations over the next 12 months (currently it operates at 13 courts).”
The Keneally Government will also invest $10.6 million to build a secure online information technology sharing platform for justice agencies, legal representatives and other parties.
“We are investing $4.4 million in Joined Up Justice, an online service that will make it easier for justice agencies, such as Police, Corrective Services and Juvenile Justice, to securely share information with courts,” Mr Hatzistergos said.
“Almost $6.2 million will go to legal eservices, which allow parties and legal representatives to file documents over the Internet, without visiting a court registry.”
The Keneally Government is also investing $4.1 million in LifeLink, a new operating system for the Registry of Births Deaths & Marriages that better stores and secures data and will help prevent identity fraud.
The record Budget will also fund:
- $2.85 million renovation of Sutherland Courthouse;
- $2.1 million for the upgrade of the cells complex at Central Local Court;
- $2 million for stage one of the $5 million renovation of Taree Courthouse;
- $1 million refurbishment of Lismore Courthouse;
- $1 million renovation of Port Macquarie Courthouse;
- $1 million for the design of a new courthouse in Armidale;
- $1.5 million for the first stage of the renovation of Liverpool Courthouse;
- $3.7 million will be invested in graffiti reduction strategies, including the annual Graffiti Action Day and environmental design of graffiti hotspots;
- $2.9 million for additional Keep Them Safe Initiatives including the appointment of five specialist Children's Registrars.
Courtroom win for regional centres as part of 2010-11 NSW budget [ 32kb]
Issued: 8th June 2010Residents across regional NSW are set to benefit from newly improved justice facilities as the Keneally Government invests in building and refurbishing courthouses and improving services across the State, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said regional centres such as Armidale, Taree, Port Macquarie, Queanbeyan and Lismore will benefit from building and refurbishments being undertaken as part of the Keneally Government’s commitment to delivering frontline services with many other areas also gaining access to the innovative Forum Sentencing program.
“A new courthouse is to be built in Armidale as the Keneally Government upgrades justice facilities around regional NSW,” Mr Richard Torbay, member for Northern Tablelands said.
“Armidale will get a new $15-million facility to be used instead of the existing, cramped heritage courthouse,” he said.
“Armidale deserves first-class court facilities to accommodate the city’s growth,” Mr Hatzistergos said.
“The new courthouse will include room for other justice agencies, preparation space for the legal profession and modern remote witness and jury facilities and larger public waiting areas. “
Mr Hatzistergos said the development is to be completed by early 2013, with the NSW Government allocating $1 million in this year’s budget for project design and planning.
“Design of the new court complex will reflect the NSW Government’s policy of protecting vulnerable people who need to attend court and increased public accessibility to the law,” he said.
As part of the $57.1 million in capital expenditure in 2010/11, capital works are slated for courts around regional NSW including at Taree, Port Macquarie and Queanbeyan.
In Taree, $5 million will be spent demolishing the small and outdated 1980s additions to the city’s courthouse and constructing a new registry, courtroom and judicial chambers.
“The changes will significantly increase the size of the courthouse and create a single entry point, which will improve security,” Mr Hatzistergos said.
The heritage section of Taree Courthouse will be refurbished, providing new jury assembly and conference rooms and dedicated rooms for Legal Aid, Police Prosecutors, Public Defenders, Aboriginal Legal Service, domestic violence support and Crown Prosecutors.
The project, which receives $2 million in this year’s Budget, will be completed in late 2012.
A six-month, $1 million refurbishment of Lismore’s courthouse begins in June to provide better access for people with disabilities and contemporary public areas with online terminals and meeting spaces.
Port Macquarie Courthouse will receive a $1 million renovation, which will include the installation of a high security dock in the local courtroom, a new registry and accessibility improvements to enable people with a disability to serve on juries.
Queanbeyan Courthouse will undergo a $900,000 makeover to provide disabled access for jurors, improved toilet facilities for staff and jurors, and modernisation of the court registry.
The NSW Budget also provides $5.5 million to the innovative Forum Sentencing program, which makes offenders more accountable for their crimes and gives victims a say in sentencing.
Forum Sentencing, which currently operates at 13 courts, will be rolled out to an additional 25 courts over the next 12 months, including Toronto, Gosford, Wyong, Lismore, Ballina, Casino, Coffs Harbour, Bellingen, and Grafton.
Court network win for Western Sydney as part of the 2010-11 NSW budget [ 32kb]
Issued: 8th June 2010
Residents across Western Sydney are set to benefit from newly improved justice services as the Keneally Government invests in building and refurbishing courthouses and facilities across major city centres, NSW Attorney General, John Hatzistergos announced today.
Mr Hatzistergos today said that Liverpool Courthouse will undergo a $5 million renovation with construction to begin next year as part of a raft of improvements for Western Sydney’s court network outlined in the 2010-11 Budget.
“The NSW Government recognises that Western Sydney’s population is booming and investment in projects like the Liverpool Courthouse ensures the area has high quality court facilities to support its growth,” Mr Hatzistergos said.
Mr Hatzistergos said the project, which has received $1.5 million in funding in this year’s Budget, will be completed in early 2012 and will include:
- Relocating the Sheriff’s Office into the main registry area to help ensure quick responses to security incidents;
- Accessibility improvements including a new lift;
- Enabling courtrooms to access JusticeLink, an online case management system used by the Supreme, District and Local Courts;
- An air conditioning upgrade; and
- A new van dock for Corrective Services vehicles.
The NSW Budget 2010/11 has delivered a total of $1.8 million for improvements to Western Sydney’s court network, with facilities to be renovated at Liverpool, Blacktown, Parramatta and Mount Druitt.
The court registries at Liverpool, Blacktown and Mt Druitt will be redesigned to make services faster and easier to access. The new-look registries will include a public computer terminal, allowing court users to browse legal information online, and a private consultation room for lengthy enquiries.
“The registries will have a split-level counter, providing easy access for people using a wheelchair,” Mr Hatzistergos said.
The Children’s Court at Parramatta will receive an additional courtroom and an area for mediation.
“The mediation facility at Parramatta will enable more cases involving vulnerable children to be resolved through alternative dispute resolution, which was one of the key recommendations of the Wood Report into Child Protection,” Mr Hatzistergos said.
Forum Sentencing, which gives victims a say in the sentencing of offenders, will continue to grow in Sydney’s west and south west, with the program to be rolled out in Bankstown in 2010-11.
Mr Hatzistergos said the Budget also provides $1 million for a Graffiti Hotspot program that will focus on 10 locations in NSW, including Blacktown, Campbelltown and Penrith.
“The program will improve the environmental design of locations that have been repeatedly targeted by vandals and make them more resistant to graffiti,” Mr Hatzistergos said.
“The changes could include improved lighting and ‘green screening’, in which vegetation is planted near a wall to act as a barrier to graffiti.”
Increasing spending on court rehabilitation and diversion [ 101kb]
Issued: 8th June 2010
Investment in court rehabilitation and diversionary programs will increase by 13% as part of the Keneally Government’s drive to keep crime rates low, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the investment in innovative court initiatives designed to tackle the causes of crime and increase victim participation in the justice process would rise to $26.7 million in this year’s budget – an increase of $3.1 million.
“While the Keneally Government’s strong record in toughening bail and sentencing laws is seeing more offenders spend time behind bars, we are also expanding our use of alternative means to punish, deter and rehabilitate criminal offenders”, he said.
“In recent years we have introduced innovative programs like the Drug Court, which is now yielding clear results in turning offenders away from a life of crime.
“With assistance from the Commonwealth Government, we’ve also expanded the Magistrates Early Referral Into Treatment (MERIT) program to 64 local courts.
“And we are working to involve more victims and communities in the criminal sentencing process through restorative justice schemes like Forum and Circle Sentencing.”
Mr Hatzistergos said this year’s $26.7 million budget allocation towards court rehabilitation and diversion programs would include:
- $5.5 million to fund the innovative Forum Sentencing program, which gives victims a say in sentencing and will be rolled out to an additional 25 courts over the next year;
- $1.1 million towards Circle Sentencing, an alternative sentencing court for Aboriginal offenders that involves local Aboriginal communities and victims in the court process;
- $2.2 million to fund the NSW Drug Court, which forces drug dependent offenders to engage in an intensive, supervised program of treatment and rehabilitation;
- $4.2 million in funding for the Youth Drug and Alcohol Court, which aims to reduce re-offending by young offenders with alcohol and or drug problems;
- $483,000 to continue a trial of CREDIT, a brand new rehabilitative program modelled on New York’s Community Court; and
- $13 million for MERIT, a joint NSW-Commonwealth Government initiative that allows magistrates to refer offenders with drug problems into treatment prior to sentencing.
Mr Hatzistergos said these initiatives would aim to help the Keneally Government achieve its State Plan goal of reducing rates of re-offending by 10% by 2016.
Mr Hatzistergos said the record investment in court rehabilitation and diversionary programs comes on top of the Keneally Government’s record $144 million on rehabilitative programs for the NSW Department of Corrective Services.
$2.85 million renovation of Sutherland Court as part of 2010-11 NSW budget [ 31kb]
Issued: 8 June 2010
The Keneally Government is delivering key frontline justice services to the Sutherland Shire with Attorney General John Hatzistergos today announcing that Sutherland Courthouse will undergo a $2.85 million upgrade as part of the 2010-11 NSW Budget – the largest renovation of Sutherland Courthouse since it was opened in 1988.
Mr Hatzistergos said the renovation would deliver better facilities to victims of crime.
“Attending court can be daunting for victims of crime and it is important that those who are brave enough to testify have access to facilities that will make them feel more comfortable,” he said.
Member for Miranda Barry Collier said one of the features of the renovation will be a new domestic violence support area giving victims access to a secure room during a trial. The area will also include a baby change station and private amenities.
“The domestic violence support area will have direct access to a courtroom, which will reduce the risk of a victim coming into contact with their alleged attacker as they wait for their matter to be heard,” Mr Collier said.
The courthouse’s Remote Witness room will also be upgraded.
“Remote Witness facilities enable vulnerable people, such as sexual assault victims and children, to give evidence via Closed Circuit Television (CCTV) cameras from a private room,” Mr Collier said.
“The testimony of sexual assault victims is recorded and can be used again in future court proceedings, sparing the victim the ordeal of having to give evidence a second time.”
The court’s registry will be redesigned to make services faster and easier to access, with new features to include:
- A computer terminal, where people will be able to browse legal information on the Internet;
- A split level counter, with the lower level to accommodate people using wheelchairs; and
- More comfortable seating.
The renovations, to start in October, will also include an air conditioning upgrade, recarpeting, painting and some structural repairs. The project is due for completion by early 2011.
The Forum Sentencing program, which gives victims a say in the sentencing of offenders, will be rolled out at an additional 25 locations, including Sutherland Courthouse, over the next 12 months.
The NSW Budget also includes $1 million in funding for a Graffiti hotspot program that will focus on 10 locations in NSW, including Sutherland.
Laws to increase pay and make juries more representative
Issued: 3 June 2010
Laws to be introduced into NSW Parliament today will increase jury allowances, broaden the jury pool to include previously exempt professions such as lawyers and retired judges, and make jury service easier for everyday working people.
“These laws are designed to expand the pool of people eligible to serve on juries, strengthen workplace protections for employees who serve and overhaul the payment system for jurors,” Attorney General John Hatzistergos said.
Mr Hatzistergos said changes to the jury allowance system will make it easier for employed jurors to serve on longer trials.
“Under the national industrial relations system introduced this year, most workers in NSW will have to be paid by their employers for the first ten days of jury service.
“After ten days, the daily allowance will be boosted from $100 to $225 for jurors who are employed.
“We are reducing the number of groups who are either ineligible or have a right to exemption, because there is a need to broaden the jury pool and ensure that the obligations of jury service are shared widely.”
“As part of the proposed changes, most lawyers will now be eligible for jury duty, but not those working in the public criminal justice system.”
“People working in law enforcement agencies in clerical, administrative or support roles would also become eligible.”
A number of other groups will no longer be subject to a “blanket exemption” but will still have the right to apply for a specific exemption outlining their personal circumstances.
These include people aged over 70, pregnant women, people who live with full-time care of a person who is sick, infirm or disabled, and a person who resides more than 56 kilometres from the court.
“It is important to recognise that there are many people who were automatically exempted who are both willing and able to perform this important civic duty,” he said.
“They will now have the opportunity to serve but can also claim exemption outlining their individual circumstances.
“For example, some people aged over 70 may wish to serve as a juror on shorter trials.”
“These changes recognise that older people have a valuable contribution to make.
“For people who are genuinely unable to perform jury service, the Government is developing clear guidelines for exemptions.”
The detailed guidelines are being developed in consultation with stakeholders and will be published before the new laws commence later in the year.
A right to exemption will remain for persons including clergy, medical and emergency services workers, and anyone who can demonstrate good cause.
Persons who continue to be ineligible to serve on a jury will include the Coroner, the Director of Public Prosecutions, Crown Prosecutors and Police Officers. These persons would become eligible to serve three years after they leave their jobs.
Under the changes, a person can claim an exemption for jury service if they can show ‘good cause’ – which could be that they have a disability, there is a conflict of interest that may result in a lack of impartiality, or that serving would cause them undue hardship.
Mr Hatzistergos said the NSW Government will also strengthen protections for employees.
“Corporations who sack or unfairly discriminate against employees could be fined up to $22,000, while individual employers will face fines of up to $5,500,” he said.
“New laws will also prevent employers forcing employees to take leave, or to work outside court sitting times, while serving on a jury.”
Consistent with recommendations of the Law Reform Commission, the Government will also ask the Law and Justice Committee to examine whether the statutory and common law immunity of members of parliament from jury service should continue.
Legislation passed to help reduce domestic violence deaths [ 20kb]
Release date: 2 June 2010The NSW Government passed legislation last night to establish The Domestic Violence Death Review Team.
The Domestic Violence Death Review Team will be made up of a panel of experts with new powers to review deaths caused by domestic violence.
The Panel will also recommend ways to reduce the incidence of domestic violence deaths.
Research conducted by The Bureau of Crime Statistics and Research has shown that around 42 per cent of homicides each year have resulted from domestic violence situations.
NSW Attorney General, John Hatzistergos, said the expanded definition of ‘domestic violence death’ in the bill will enable the team to not only examine homicides, but also other deaths such as accidents and suicides that are related to violence in a domestic relationship.
“These news laws mean this panel of experts will now be able to search for trends or systemic issues that have led to domestic violence deaths and identify how systems or services can be improved to protect people living in fear,” Mr Hatzistergos said.
Minister for Women, Jodi McKay, said she was pleased Opposition amendments seeking to weaken the Team’s powers were defeated in Parliament.
“I’m happy to see that the Opposition’s attempts to water down these important new laws were unsuccessful,” Ms McKay said.
“The amendments would have undermined the Team’s focus on reducing domestic violence related deaths and created an enormous amount of unnecessary work for them.”
Mr Hatzistergos said the NSW Government consulted with the Domestic Violence sector, including Betty Green, the Chair of the Domestic Violence Committee Coalition and Professor Julie Stubbs of the University of Sydney who had been such an important part of the development of the legislation, and found unanimous opposition to the amendments.
“They would change the operation of the Team from the best practice model envisaged in the panel’s report and limit its discretion and effectiveness,” Mr Hatzistergos said.
Ms McKay said while the proposed amendments put forward by the Opposition were disappointing they did not come as a surprise.
“The Opposition Spokesperson for Women, Pru Goward, has previously attacked the Government over this initiative, describing it as terrible,” Ms McKay said.
“In fact, Ms Goward has committed the Coalition to review and possibly repeal these new laws if it won government.
“The laws that the opposition and Ms Goward so inexplicably oppose will help to save lives.
“I’m astounded that the Opposition Spokesperson for Women could be so unsympathetic to victims of domestic violence.”
Mr Hatzistergos said The Domestic Violence Death Review Team will include representatives from law enforcement, justice, health, social services and non-government agencies. It will:
be chaired by NSW State Coroner Mary Jerram;
exchange information with similar bodies in other states and territories as well as the NSW Child Death Review Team;
have the power to review closed cases of domestic violence-related deaths in NSW including:
o Homicide of a spouse, partner or child;
o Suicides; and
o Fatal accidents
establish and maintain a database of these deaths;
undertake research that aims to prevent and reduce the likelihood of such deaths; and
produce an annual report on their findings.
“Ensuring the Review Team has the ability to look at all deaths relating to domestic violence, whether they are suicides or fatal accidents will help reduce the number of domestic violence related deaths,“ he said.
“Until now these types of associated deaths have not been included in official domestic violence figures - despite the fact they are often caused by domestic violence,” Mr Hatzistergos said.
Chief Magistrate to be elevated as local court turns 25
Issued: 2 June 2010
The NSW Government will introduce legislation that will facilitate Chief Magistrates to hold dual commissions as District Court Judges as part of plans to further elevate the standing of the NSW Local Court.
NSW Attorney General, John Hatzistergos made the announcement as Magistrates from across the State gathered in Sydney today at the Local Court of NSW Conference, marking the 25th Anniversary of the Local Court.
Mr Hatzistergos said that the legislation will be introduced into Parliament in the coming weeks. Following its passing he proposes to recommend Chief Magistrate Henson’s appointment to hold a dual commission as a District Court Judge.
“This reform is intended to recognise and enhance the important leadership role of the Chief Magistrate as well as the position of the Local Court in our justice system,” he said.
“In 1985, legislation commenced that established the Local Court in the place of the Court of Petty Sessions and entrenched the separation of magistrates from the administration of Government,” Mr Hatzistergos said.
“Twenty-five years later, the NSW Local Court is one of the best performing courts in the NSW justice system and has achieved the lowest criminal backlog in Australia for the seventh year in a row.
“The NSW Government has made it a priority to enhance the standing of the Local Court itself, improving its practices and making it more accessible to the public,” he said.
Mr Hatzistergos said one of the most recent of these developments was the introduction of the Local Court Act 2007 which created a single Local Court sitting in various locations in NSW.
“This means members of the public are able to file papers or request information regarding their court matter in any courthouse in NSW.
Mr Hatzistergos also said that the NSW Government has introduced a number of innovative
Local Court diversionary options for making offenders face up to their crime including:
• Forum Sentencing, where offenders are forced to confront their victims;
• the Magistrates Early Referral Into Treatment program (MERIT) – a drug rehabilitation program;
• Youth Conduct Orders for teenagers who commit anti social behaviour that restricts their behaviour and deters them from re-offending (trial commenced in Mt Druitt, Campbelltown and Armidale on 1 July 2009); and
• the Court Referral of Eligible Defendants Into Treatment, (CREDIT) a court supervision program, that addresses the causes of crime.
“The NSW Government is determined to keep cementing the Local Court’s position as one of the best in the country.”
“Being able to appoint the Chief Magistrate to the status of the District Court judge is another important step in the evolution of the Court and sends a clear signal that the Court plays a crucial role in the administration of justice.”
Courts granted extra powers to resolve tree disputes [ 104kb]
Issued: Wednesday 19 May 2010
Neighbours locked in disputes over trees that severely block sunlight or views will be able have their cases heard by Land and Environment Court, under new laws passed by the NSW Government last night.
Attorney General John Hatzistergos said the amendments to the Trees (Disputes Between Neighbours) Act 2006 will provide a simple, inexpensive and accessible process for resolving neighbour disputes about hedges.
Under the new laws to commence on August 2, 2010, the Court must be satisfied that the applicant has made a reasonable effort to resolve the matter with the owner of the land on which the hedge is situated.
“Residents need to make every effort to negotiate in good faith with their neighbours to resolve disputes over problem trees or high hedges,” Mr Hatzistergos said.
“But where resolutions prove difficult residents can now be safe in the knowledge that they can apply to the courts to intervene without the need for a lawyer.
“The Court will have the power to intervene in extreme cases where a hedge has severely impacted a neighbour’s access to sunlight or views.
“The legislation empowers the Court to determine the appropriate height at which a hedge should be maintained by balancing the right to privacy versus the broader benefits of maintaining healthy urban vegetation.
“If a resident ignores the Court’s order, councils will now have the power to step in and enforce the order and charge both costs of enforcement and a prescribed administration fee.”
The amendments to the Act:
- empower the Land and Environment Court to hear disputes about high hedges that severely block sunlight to a window of a dwelling on adjoining land, or views from such a dwelling;
- support the enforcement of court orders by allowing councils to recover the cost of trimming or removing any trees plus a prescribed administration fee;
- give the subsequent owner of the property the right to enforce certain orders made under the Act;
- give the court authority to hear disputes over trees that have caused damage but have since been removed;
- allow the court to make orders in relation to problem trees and damaged dividing fences;
- enable the court to hear tree disputes on land zoned ‘rural-residential’ but only where a tree is causing damage or risking injury;
- include vines as a prescribed plant under the Act.
The new laws were drafted following a statutory review of the Act which received more than 230 submissions from residents, community groups, professional associations, councils and Government agencies
Under the Act, the Land and Environment Court has the power to order:
- the removal or pruning of trees;
- payment of costs associated with carrying out a court order;
- installation of root barriers;
- payment of compensation for damage caused by roots or trees.
The Land and Environment Court finalises hundreds of tree disputes each year, most relating to the removal of trees that pose a risk of injury or damage to property.
The review is online at: http://www.lawlink.nsw.gov.au/lpd.
Justice Howie appointed to Law Reform Commission [ 96kb]
Issued: Friday 14 May 2010
NSW Attorney General John Hatzistergos today acknowledged the lifetime of distinguished service to law of the Honourable Justice Roderick Howie, following his announcement today that he is retiring from the Supreme Court of NSW.
Justice Howie has been appointed as a part-time Commissioner of the NSW Law Reform Commission (LRC).
“Justice Howie is widely respected in the profession for presiding with distinction on the bench and for his depth of knowledge in criminal law and procedure,” Mr Hatzistergos said.
“Most recently, His Honour has served as a Judge of the Supreme Court since 2000 with integrity, fairness and independence.”
“I congratulate Justice Howie on his well-deserved appointment and wish him every success in this important role,” Mr Hatzistergos said.
Justice Howie has had a distinguished career in criminal law spanning more than three decades. He was appointed Queen’s Counsel in 1986 before becoming the Deputy Director of Public Prosecutions. In 1993, he became the Crown Advocate before his elevation to the bench of the District Court.
The 60-year-old began his career in criminal law as a solicitor in the Public Solicitor's Office in 1976, and was admitted to the Bar four years later. He was appointed as a Public Defender in 1980 where he appeared in the District Court, the Supreme Court and in appeals to the Court of Criminal Appeal and the High Court.
Between 1984 and 1987, Justice Howie was the Director of the Criminal Law Review Division of the Attorney General's Department.
Justice Howie was born in Sydney, educated at Homebush Boys' High School and holds Bachelor degrees in Arts and Law from the University of Sydney, together with a Master of Laws with First Class Honours.
He was sworn in on Wednesday April 7.
The NSW LRC was established in 1967 as the first permanent body in Australia charged with the task of reforming the general law. The functions of the Commission include to: consolidate, codify or revise the law and to simplify or modernise the law.
“Justice Howie’s profuse knowledge of the law of complicity will be an asset to the LRC as it undertakes a review of this area of common law,” Mr Hatzistergos said.
Mr Hatzistergos said he will support moves to have Justice Howie appointed as a member of the NSW Sentencing Council.
New dispute resolution laws to benefit NSW business [ 57kb]
Issued: Thursday 13 May 2010
NSW introduced new laws this week that will position Australia as a major player in the growing international market for commercial dispute resolution, Attorney General John Hatzistergos said.
Mr Hatzistergos said the Model Commercial Arbitration Bill will lay the legislative foundations for a major expansion of the legal services sector in NSW.
“Commercial dispute resolution is now commonly used as the preferred option for resolving business and commercial disputes around the world,” he said.
“These new laws will help ensure arbitration delivers on its promise to be a quicker, less expensive and less formal option than litigation.
“Australia’s domestic arbitration laws are overdue for reform, and I made it clear before the recent meeting of the Standing Committee of Attorneys General that national consistency was essential in this area. I am pleased that all jurisdictions agreed at the meeting to implement the Model Bill.”
“This will mean NSW’s domestic arbitration laws align with the Commonwealth’s international arbitration laws, and accepted international practice in this area.”
Doug Jones, President of the Australian Centre for International Commercial Arbitration, said: “NSW is already well placed to capitalise on the booming international market in legal services.”
“We enjoy close ties to Asia and Europe, our economic, political and legal environments are robust and we boast some of the best legal practitioners in the world.”
“We are also opening the Australian International Dispute Centre in Sydney later this year.”
“These reforms to our domestic arbitration laws will benefit Australian business, and give global businesses the confidence to choose Sydney over Hong Kong, Singapore or London as the seat to solve their cross border disputes.”
Australia’s total legal services export and cross-border income was worth $675 million in 2006-2007 according to the International Legal Services Advisory Council.
Mr Hatzistergos said the existing arbitration laws are nearly three decades old and are failing to deliver a cheaper and quicker alternative to litigation today.
“Under existing laws, disappointed parties have found increasingly novel ways to appeal, and often treat arbitration as a dry run for litigation,” he said. “The new laws are drafted to give effect to their paramount object: the fair and final resolution of disputes.”
“Judicial review will be strictly limited to circumstances such as where an award goes beyond the agreement, or a party was not given proper notice of the arbitration and could not present its case.”
Mr Hatzistergos said the model Bill is based on the United Nations Convention on International Trade Law, which reflects world’s best practice for arbitrating commercial disputes.
“These reforms mean Australian companies operating in global markets can resolve disputes, domestically and internationally, under similar procedures with which they and their partners are familiar.”
More resources for NSW compensation commission [ 79kb]
Issued: Tuesday 11 May
The NSW Government has today passed laws that increase the number of full-time arbitrators and Deputy Presidents appointed to the Workers Compensation Commission.
NSW Attorney General, John Hatzistergos said the laws will allow for the restructuring of the Commission and will boost the effectiveness of arbitration processes for workers and employers across the State.
“The Commission’s non-adversarial processes are at the leading edge of dispute resolution in Australia and in the last five years it has finalised on average 13 300 matters each year.”
“The New South Wales workers compensation system seeks to effectively balance the cost of supporting injured workers with the ability of New South Wales employers to pay.”
“These laws will ensure resources are adequately allocated so the Commission can continue to provide a fair and cost effective resolution service to injured workers and employers when it comes to workers compensation claims,” he said.
Mr Hatzistergos said that as part of the restructure, the news laws will enable:
- full-time Arbitrators to be appointed to the Commission for a 5 year term;
- new positions of Senior Arbitrator to take responsibility for mentoring, training, and appraising the performance of other Arbitrators; and
- removing restrictions on the number of Deputy Presidents that can serve on the commission.
“Until now, contracted Arbitrators were chosen from a pool of 50 Arbitrators and were employed on a case-per-case basis to resolve disputes between workers and employees,” Mr Hatzistergos said.
“As part of these reforms, full-time Arbitrators will be based in Sydney and will undertake approximately 85 per cent of the Commission’s work.
“This will provide for better quality service provision and a greater consistency in arbitral practices as there will be a smaller number of individuals dealing with a greater number of cases.”
Contracted Arbitrators will continue to hear cases in rural and regional areas.
Mr Hatzistergos said these changes will be evaluated after 12 months to determine whether additional full-time arbitrators or further resources are required.
NSW Government considering surrogacy laws [ 78 kb]
Issued: Saturday 8 May 2010
The State Government will move to implement surrogacy laws in NSW following the discussion of national model provisions at this week’s Standing Committee of Attorneys General (SCAG) meeting in Melbourne.
NSW Attorney General, John Hatzistergos, said the national model surrogacy laws recently debated at SCAG will inform the NSW legislation.
“Having a legislative framework in place will make it easier for couples with children born through surrogacy arrangements to gain full recognition as parents and ensure all these children are treated equally under the law,” he said.
“The NSW Government supports a national approach to surrogacy laws. We are currently fine-tuning our legislative package and hope to introduce a bill in the near future.”
“NSW does not have stand-alone surrogacy laws and couples with surrogate children can find it difficult to enrol their child in school, obtain a passport for them or make decisions about their health care.”
“We will consider reflecting the national model provisions in our laws as they will provide greater certainty for parties involved in surrogacy arrangements regardless of where they live.”
“In NSW the SCAG model provisions would have to be supplemented by other provisions to provide a comprehensive regulatory framework for surrogacy,” he said.
Mr Hatzistergos said the Government had foreshadowed these moves in January this year when it released its response to a report by the Legislative Council Standing Committee on Law and Justice (LCSC) into altruistic surrogacy in NSW.
The LCSC report recommended that:
- the ban on commercial surrogacy be strengthened by clarifying the reasonable expenses that the birth mother may be reimbursed in an altruistic surrogacy arrangement; and
- Courts be given the power to grant a parentage order to commissioning parents if it is satisfied that
o it is in the best interests of the child;
o the child is living with the intended parents at the time of the application; and
o the surrogacy arrangement was agreed upon prior to conception and that all parties have received legal advice, counselling and have given their informed consent.
“We need a clear framework that puts the best interests of the child at its centre and minimises the scope for disputes arising between the adults involved”, Mr Hatzistergos said.
Moves to harmonise federal and state laws: child porn, drugs and organized crime [ 91kb]
Issued: Friday 7 May 2010
NSW Attorney General John Hatzistergos today discussed with the Commonwealth Attorney General steps to ensure state and federal laws are operating in unison to protect the community from criminals who commit child pornography offences, drug offences and organised crime.
“Given the recent expansion of Commonwealth laws relating to child pornography, drug offences and organised crime, it is timely to examine the crossover between these new laws and existing state laws,” Mr Hatzistergos told the Standing Committee of Attorneys General in Melbourne.
“Any duplication of these laws would create inconsistencies and unnecessary complexities which may lead to situations such as an offender facing two different penalties for the same offending conduct.
“NSW will work closely with the Commonwealth and other states to ensure that these serious offenders are prosecuted fully and efficiently.”
In relation to child pornography offences, Mr Hatzistergos said there is potential for anomalies or inconsistencies to arise between the jurisdictions in areas such as penalties, offence terminology and the treatment of victims.
“For instance, the new Commonwealth offence of ‘using a carriage service for indecent communications with a child’ overlaps with existing state offences of ‘exposing children to pornography’ or broader offences such as ‘acts of indecency’, he said.
“This overlap may create unnecessary difficulties for prosecutions because of the different evidence required to prove all the offences.”
Commonwealth child pornography laws are limited by the Constitution to apply only to material distributed over a carriage service, such as a phone line or the internet, or via the postal system.
State laws, however, can apply to child pornography distributed in any form. In addition, the requirement to prove how it was distributed makes the Commonwealth offence more technical and harder to achieve a successful conviction in court.
The NSW Government recently amended its laws to be more consistent with Commonwealth laws in relation to child pornography following reviews by the Sentencing Council and the Child Pornography Working Party.
In relation to drug offence provisions, Mr Hatzistergos said similar inconsistencies existed where there are differences between state and federal laws in levels of sentencing and technical provisions for determining the quantities of the drug.
“The growth of Commonwealth law in these areas, without close collaboration with the states about their criminal laws, may be creating an unnecessarily complex and inconsistent legislative environment for law enforcement,” he said.
“These overlaps make the job of police and prosecutors more difficult and potentially endangers the conviction of criminals.”
NSW calls for national laws to protect sexual assault victims [ 48kb]
Issued: Thursday 6 May 2010
The NSW Attorney General, John Hatzistergos, today said that protections for sexual assault victims should be increased and that all jurisdictions should commit to a communications protection that restricts the use of counselling and medical records being used against victims in court.
Speaking ahead of Friday’s Standing Committee of Attorneys General (SCAG) meeting, Mr Hatzistergos said NSW laws should form the basis of a national model sexual assault counselling protection.
“NSW laws can provide victims with the right to assert a privilege to exclude counselling documents in order to keep matters discussed between a victim and their counsellor confidential ”When applied, this means that they cannot be used by an accused assailant in a sexual assault trial,” he said.
“We would like to see a national model sexual assault counselling privilege introduced into the Uniform Evidence Law, but at this stage it appears that there is disagreement amongst other jurisdictions and NSW is not prepared to lower its standards in order to sign up to a protection that does not serve victims adequately.”
Mr Hatzistergos said that model laws seek to establish uniform protections for sexual assault victims around the country.
“Victims of sexual assault have already suffered enough anguish and trauma and the highest priority should be given to better protect the counselling relationship so that victims are not fearful of getting the help they need,” said the Attorney General.
“Unfortunately, bringing personal counselling records into court can be a way for a defence counsel to intimidate a victim into withdrawing their complaint, in order to avoid the trauma of having personal details displayed to the public and the accused.”
“It is these tactics, and a culture of victim harassment that the Government has moved to stamp out.”
Mr Hatzistergos said the NSW Government is currently working with the Women’s Legal Service and the Director of Public Prosecutions (DPP), to further strengthen protections for sexual assault victims and stop accused rapists from accessing counselling records.
“The Women’s Legal Service, the DPP the Bar Association and law firms Clayton Utz, Freehills and Blake Dawson have been conducting a pilot program to give victims access to solicitors and barristers in order to ensure that they can assert the privilege and argue against their counselling records from being revealed in court.”
Ms Alicia Jillard of the Women’s Legal Service welcomed Mr Hatzistergos’ commitment to improving protections for victims saying it was a very positive step.
“A scheme of consistent national laws limiting the use of counselling and medical records would be ideal however we must learn from our experiences to ensure we create the best protections possible. This would encourage sexual assault victims to seek help, report crimes and assist in prosecutions,” she said.
Background
Under the sexual assault communications privilege, material is not to be used in criminal proceedings if it would disclose what is called ‘a protected confidence’.
A protected confidence means something that has been said in a counselling process by, to or about a victim or alleged victim of a sexual assault offence.
This means that the privilege operates to keep counselling material confidential and prevent any other party in court proceedings from gaining access to it. The privilege is not absolute. This means there is no absolute guarantee that a complainant’s counselling notes will remain confidential and cannot be disclosed to the defence. However, before the defence (or any other party) can obtain access, they bear the onus of showing why the notes are important to the defence case.
Community given greater access to court information [ 98 kb]
Issued: Wednesday 19 May 2010
NSW Parliament has passed legislation overhauling the complex system governing the release of court information, giving the public and media organisations greater access to court documents.
NSW Attorney General, John Hatzistergos, said the Court Information Bill passed through parliament yesterday after it received cross-party support.
The laws are Australia’s first stand-alone legislation providing for open access to court information, introduced after wide consultation with the media, victims of crime, courts and the legal profession.
“Being able to easily obtain information discussed in court proceedings is an essential feature of an open and transparent justice system. The new laws balance the principle of open justice with the need to protect the privacy and safety of witnesses and victims,” Mr Hatzistergos said.
Mr Hatzistergos said the reforms simplify access by creating two categories of information – ‘open accesses and ‘restricted access’ – and will be applied to all courts across the State.
“The laws are built around providing ‘open access’ to court information wherever possible. Under the previous system, different rules operated in the Supreme, District and Local courts and the onus was on the public to convince a court they should have access,” he said.
“The new system gives court officers greater confidence to provide access to court information by creating clearer guidelines on what can be released to the public.”
Under the new laws, the public will be entitled to access:
- Documentation which commences proceedings;
- Written submissions made by a party to proceedings;
- Statements and affidavits admitted into evidence, including expert reports;
- Judgments, directions and orders given or made in the proceedings, including a record of conviction in criminal proceedings;
- When a matter is to be heard by a court and the name of the Judge, Magistrate or Registrar who is listed to hear the proceedings;
- For criminal proceedings, open access information will also include the indictment, court attendance notice or other document commencing proceedings.
Unless a court orders otherwise journalists will also be provided with additional access to information classified as restricted such as (a) information contained in transcripts of closed proceedings; (b) personal information in a court record; and (c) information contained in a brief of evidence in criminal proceedings.
“The media play a crucial role in informing the public about civil and criminal proceedings and as a result require access to information that will enable fair and accurate reporting.”
Access to other information classified as ‘restricted access’, such as information contained in medical or psychiatric reports, may be obtained by making an application to the court.
Mr Hatzistergos said that courts will still retain their power to make suppression and non-publication orders to protect the identity of victims and witnesses and contain information that may prejudice a trial. He said that work was underway to develop a nationally uniform approach.
In developing the reforms the Government consulted with the Right to Know, the Press Council, the Homicide Survivors Association and NSW Chief Justice, James Spigelman.
New laws to make criminals account for unexplained wealth [ 59 kb]
Premier of NSW media release
Issued: Tuesday 18 May 2010
Tough new State Government laws will make it easier for police to strip organised crime figures of “unexplained wealth” as part of a raft of new policing measures.
Premier Kristina Keneally told the NSW Police Association Biennial Conference on the Central Coast that the new Unexplained Wealth Laws will give the NSW Crime Commission unprecedented powers to target major crime figures.
Now money and assets confiscated from those suspected of criminal activity will go straight back into providing compensation to victims of crime.
This could mean an additional $120 million for victims of crime over the next decade.
The new Unexplained Wealth Laws will overcome significant challenges that law enforcement agencies currently face when investigating major crimes in NSW.
Under existing laws, police must prove the money and assets are the proceeds of criminal activity.
Now the onus will be on suspects to prove they obtained their wealth legitimately.
“Organised crime bosses and major drug traffickers often go to extraordinary lengths to hide the source of their tainted assets from the reach of law enforcement agencies,” Ms Keneally said.
“This is about lifting the lid on the ill-gotten gains of major crimes in NSW.
“It will send a powerful message to crime figures.
“Converting sports cars and luxury homes that are obtained through criminal activity into compensation to help victims heal and put their lives back together is one of the most important things we can achieve with this law.”
Other tough new police measures announced at the conference include:
- A review of the Police Integrity Commission Act 1996 to examine the possibility of giving the PIC Inspector powers of direction that ensure police officers under investigation are afforded procedural fairness; and
- An independent review of the police promotions system to ensure all police vacancies are being fairly filled by the best available officers to be conducted by the Hon. Lance Wright, former President of the NSW Industrial Relations Commission.
Under the new Unexplained Wealth Laws, 50 per cent of monies obtained will be directed to the Victims Compensation Fund which provides payments to those who have suffered injuries through violent crime, including both psychological and physical harm.
In 2008/09, the NSW Crime Commission confiscated more than $24 million in proceeds of crime under the Criminal Assets Recovery Act (CARA), and so far this financial year more than $23 million has been confiscated.
Criminal assets confiscated last year included real estate, large sums of cash, prestige vehicles, motorcycles, boats, jewellery, spa baths, plasma televisions and casino chips.
The tough new laws mean:
- The NSW Crime Commission will now be able to pursue unexplained wealth accumulated by a suspect over an unlimited period of time. Previously the commission was restricted to targeting assets linked to criminal activity in the past six years;
- The Supreme Court will be given the discretion to not make an unexplained wealth order if it considers it in the public interest not to do so, for instance if a person is genuinely unable to locate records from their distant past; and
- Suspects will also have the right to appeal against an order.
The NSW Crime Commission will now be able to apply for a special unexplained wealth order if it can show the Supreme Court there is a “reasonable suspicion” a person is engaged in serious criminal activity.
The unexplained wealth laws were developed following a series of national meetings on organised crime involving both law enforcement and justice agencies.
Attorney General John Hatzistergos said the NSW Government is now briefing other States and Territories to ensure there are no loopholes.
“NSW is working with other jurisdictions in Australia to ensure unexplained wealth orders are recognised interstate,” Mr Hatzistergos said.
“Organised criminals often try to hide behind a facade of legitimacy by staying one step away from observable criminal conduct.
“These new laws will give police a powerful weapon in the battle to dismantle major criminal enterprises – no enterprise can operate without funding.
“They will also apply to family members or associates who may be holding wealth derived from the proceeds of serious criminal activities.
“There are major crime suspects known to police who have accumulated wealth far in excess of their legitimate occupations and declared income.”
| Amounts confiscated under CARA: Financial Year CARA – realisable Confiscation orders |
1996-97 | $3,983,345 |
1997-98 | $10,152,292 |
1998-99 | $9,386,039 |
1999-00 | $11,015,299 |
2000-01 | $8,744,925 |
2001-02 | $9,411,967 |
2002-03 | $16,692,136 |
2003-04 | $15,204,694 |
2004-05 | $14,068,743 |
2005-06 | $13,125,527 |
2006-07 | $17,764,497 |
2007-08 | $29,654,262 |
2008-09 | $24,000,808 |
2009 - | $23,000,000 |
Total | $206,204,534 |
Self-help guide gets Law Week underway [ 70 kb]
Issued: Monday 17 May 2010
A new website will make it easier for people who want to represent themselves to go to court without the cost of a lawyer, NSW Attorney General John Hatzistergos said today.
The new site, LawAssist, is being launched as part of events to kick off Law Week 2010: Law and Justice in Your Community.
“Events held across NSW during Law Week are aimed at opening up the justice system to the community and making it accessible and understandable, “Mr Hatzistergos said.
“It is fitting that we kick this off with a new website that helps people represent themselves,” he said.
Mr Hatzistergos said the NSW Government’s LawAssist website will provide simple and practical advice about laws that affect people’s everyday lives.
It will provide step-by-step advice on resolving issues like debt, motor accidents, and apprehended violence orders.
“For people who want to represent themselves, the prospect of resolving a matter through the court without a lawyer is daunting.”
“This site will provide easy to follow information starting with what form to use, through to what to do and say if you end up in court in front of a magistrate or judge,” he said.
Mr Hatzistergos said legal topics listed on the site are based on the most frequent requests received by the Government’s free telephone legal information and advice service, LawAccess.
“Credit and debt problems make up 10 per cent of LawAccess’ queries, so our new site is starting with comprehensive guides to debt issues – whether someone owes you money, or claims you owe them money.”
Mr Hatzistergos also said there are also plans to expand the site to cover such topics as apprehended domestic violence orders, motor vehicle accidents and neighbourhood disputes.
“What is unique about this site is that there are step-by-step guides that show people what they need to do; for example there is an interactive guide on how to start the small claims process.”
The website address for Law Assist is: www.lawaccess.nsw.gov.au/lawassist. If you need further advice or need to be referred to a lawyer please call LawAccess on 1300 888 529.
Information about LawAssist will be distributed at Law Week 2010 events being held throughout NSW
As part of Law week 2010 a number of events, seminars and workshops will be held across NSW that will highlight legal options and support services available to people. As part of these events community members will have a unique opportunity to get free information and advice about the law.
Some of these Law Week events include:
- An open air Legal Expo at Martin Place, Sydney on Monday May 17 that will enable members of the community to obtain face-to-face legal advice and information from a range of legal service providers including the NSW Trustee and Guardian, Legal Aid NSW, Local and District Courts, JP’s and other organisations including the Motor Accidents Authority and the ACCC;
- A Walk for Justice sponsored by the Public Interest Clearing House (PILCH) to raise awareness about the importance of free access to justice and pro bono work in the legal community;
- Mock-trial exercises and debates for school students;
- A Law Week Legal Services Roadshow organised by the NSW Department of Justice and Attorney General in partnership with Legal Aid NSW and other local service providers, that will visit Albury, Wagga Wagga, Narrandera, Leeton and Griffith to help people access legal information;
- Open Days at local courthouses, as well as seminars and forums at various local libraries covering support for victims of domestic violence, drink-driving, making a Will, the roles of the courts and of the coroner and other topics such as neighbourhood disputes, legal aid, family law, property issues and immigration.
Law Week events will be taking place across NSW and Australia from 17-22 May.
For more information about Law Week 2010 and what is happening in your area, please visit www.lawweek.com.au.
Legal eagles walk for justice to mark Law Week 2010 [ 42 kb]
Joint media release: The Hon Robert McClelland MHR, Commonwealth Attorney-General and The Hon John Hatzistergos, NSW Attorney General
Issued: Monday 17 May
Key members of the legal profession will unite in Sydney today to raise awareness of the importance of providing free legal representation to disadvantaged members in the community.
The five-kilometre Walk for Justice aims to highlight the importance of pro bono assistance, and is the first of a series of events to mark Law Week 2010, in line with this year’s theme, “Law and Justice in Your Community.”
Federal Attorney-General, Robert McClelland, and NSW Attorney General, John Hatzistergos, will launch Law Week 2010 by taking part in the walk.
“The legal profession has a long tradition of working for free for those in need, and today reminds us how important that work is, and shows our appreciation for all the lawyers who give up their time to do engage in pro bono work,” Mr McClelland said.
“The Federal and NSW Governments have identified early intervention as a priority for legal assistance. Through pro bono work, community legal centres, and Legal Aid, we can intervene early and prevent people getting into unnecessarily costly legal disputes,” he said.
Mr Hatzistergos said that research by the Australian Bureau of Statistics shows the value to the community of pro bono work is well over $200 million dollars a year.
“This involves nearly a million hours of work by lawyers and legal services firms. A lot of the pro bono work that is done is innovative and assists those people who might otherwise not get assistance,” Mr Hatzistergos said.
“A great example is the project involving the Women’s Legal Service, the DPP, and law firms Clayton Utz, Freehills and Blake Dawson, where lawyers help victims of sexual assault protect the confidentiality of their counselling records from the accused,” he said.
The walk will raise funds for the Public Interest Clearing House (PILCH) and will coincide with other walks in Melbourne, Brisbane, Adelaide and Perth.
They Sydney walk will start at 7.00am from the Archibald Fountain in Hyde Park and end at Martin Place.
Joining the Attorneys for the walk will be President of the Law Society, Mary Macken, Executive Director of the Bar Association, Philip Selth, and hundreds of legal professionals from around Sydney.
Mr Hatzistergos said that a number of events, seminars and workshops will be held across NSW that will highlight legal options and support services available to people as part of Law Week festivities.
“For many people understanding how to obtain legal advice or what is required of them in certain legal circumstances can be quite daunting,” he said.
“Law Week is all about bringing that information directly to the public and helping people find answers to questions they have about the law.”
In addition to the Walk for Justice, major events around the state will include:
- An open air Legal Expo at Martin Place, Sydney enabling members of the community to obtain face-to-face legal advice and information from a range of legal service providers including the NSW Trustee and Guardian, Legal Aid NSW, Local and District Courts, JP’s and other organisations including the Motor Accidents Authority and the ACCC
- Mock-trial exercises and debates for school students
- A Law Week Legal Services Roadshow organised by the NSW Department of Justice and Attorney General in partnership with Legal Aid NSW and other local service providers, that will visit Albury, Wagga Wagga, Narrandera, Leeton and Griffith to help people access legal information.
- Open Days at local courthouses, as well as seminars and forums covering support for victims of domestic violence, drink-driving, making a Will, the roles of the courts and of the Coroner.
Law Week events will be taking place across NSW and Australia from 17–22 May.
For more information about Law Week 2010, please visit www.lawweek.com.au
Law Week hits the road in southern NSW [ 132 kb]
Issued: Thursday 13 May 2010
A free travelling road show to help people with legal problems will visit Albury, Wagga Wagga, Narrandera, Leeton and Griffith as part of Law Week 2010.
NSW Attorney General, John Hatzistergos, today said the road show is one of a number of events being held across the State that will highlight legal options and support services available to people in line with this year’s theme: “Law and Justice in Your Community.”
“For many people understanding how to obtain legal advice or what to do when faced with a legal problem can be quite daunting,” Mr Hatzistergos said.
“Law Week is about bringing that information directly to the community and helping people find answers to questions they have about the law,” he said.
Mr Hatzistergos said the road show information sessions will focus on:
- family law issues
- legal rights of victims of crime in NSW
- legal assistance for seniors – including advice about planning ahead and how to make a Will
- advice as to how to draw up a Power of Attorney
- advice for people who are having difficulty paying fines.
“If you are looking to find out how the law affects you, these events will provide valuable information in a relaxed and welcoming environment,” Mr Hatzistergos said.
The roadshow is coordinated by the NSW Department of Justice and Attorney General (DJAG) with Legal Aid NSW and local service providers.
Law Week events will be taking place across NSW and Australia from 17-22 May.
For more information about Law Week and what is happening in the area, please visit www.lawweek.com.au.
The schedule of events for the road show in each area is shown in the linked pdf file: [ 132 kb]
NSW Government to review laws determining judge alone trials [ 96 kb]
Issued: Thursday 13 May 2010
The NSW Government’s Standing Committee on Law and Justice has today begun a review to examine the circumstances where a trial can proceed before a judge sitting alone without a jury.
Attorney General, John Hatzistergos has asked the Committee to consider a range of views concerning NSW laws that determine whether a person accused of a criminal offence is tried before a judge or judge and jury.
“Currently if an accused wishes to have their matter heard before a judge alone, they require the consent of the Director of Public Prosecutions.
“These procedures have existed in NSW since 1986 and there are arguments both for and against retaining them.”
“Some argue for example that the requirement for prosecution consent safeguards public confidence in the justice system, helping to ensure fairness by directly involving the community in the criminal justice system.
“In some circumstances, particularly if a case centres on an issue that requires the application of objective community standards, it may be more appropriate to have the trial before a jury rather than a judge alone.”
“But in other instances it may be less essential for a case to be determined by a jury where cases are particularly long and complex and place a heavy burden on the jury.”
In Queensland and Western Australia, courts determine the manner in which an accused is to be tried on the accused’s application after taking into account the views of both the prosecution and the defence and which process will best serve the interests of justice.
In South Australia and the ACT, the accused can opt for a judge alone trial if the court considers that the accused has been advised by a legal practitioner and has made the election freely.
“Arguments in favour of and against laws we have in place in NSW governing judge alone trials need to be fully canvassed and examined to ensure this state has a fair and efficient criminal justice process,” Mr Hatzistergos said.
Mr Hatzistergos said he has asked the Committee to consider whether the Criminal Procedure Act 1986 should be amended to allow either party in criminal proceedings to apply to the court for a trial by judge alone, without a requirement in the case of an application by the accused that the prosecution consents to it.
Mr Hatzistergos said the issue concerning judge alone trials in NSW was raised by the Chief Judge of the District Court, and has been the subject of subsequent consultation with the Chief Justice of the Supreme Court, the Senior Public Defender and the DPP.
As part of the review, the Committee has been asked to consider the following possible model:
- Either party may apply for a judge alone trial;
- Application to be made not less than 28 days before the commencement of the trial.
- Applications may be made later than 28 days before a trial, but only with the leave of the Court.
- If the parties are in agreement, the court must order that the trial proceeds before a judge sitting alone;
- If the prosecution applies for a judge alone trial and the accused does not consent, then the matter must proceed to trial with a jury unless there is the possibility of jury tampering;
- If one of the parties applies and the court finds there is a risk of jury tampering, then the court must order a judge alone trial;
- If the accused applies and the prosecution does not consent, then the court must determine whether or not the matter should proceed without a jury based on an ‘interests of justice’ test.
- When considering the “interests of justice”, the court may refuse to make an order where the trial will involve a factual issue that requires the application of objective community standards such as an issue of reasonableness, negligence, indecency, obscenity or dangerousness.
- If there are multiple accused and not all agree to a trial by judge alone, the trial must proceed before a jury, subject to the possibility of jury tampering
- Once consent to a judge only trial is given, it may not be withdrawn without leave of the court.
NSW Government passes legislation to set up Relationships Register [ 127 kb]
Issued: Wednesday 12 May 2010
The NSW Parliament has tonight passed Government legislation to create a Relationships Register making it easier for unmarried couples to access legal entitlements and prove they are in committed or de facto relationships.
“Previous laws made it difficult for couples who are in de-facto or committed relationships to prove their relationship for the purpose of accessing government services, entitlements or records.”
“The register ensures NSW is aligned with Commonwealth Government moves to remove discrimination against unmarried people in heterosexual and same-sex relationships,” he said.
“Couples who choose to register their relationship will now be provided with one document that helps prove their relationship and will be spared the frustration of constantly having to supply agencies with large amounts of paperwork.”
But the Attorney General said he was disappointed that the NSW opposition could not stand united and back this legislation.
“The opposition’s decision to allow a conscience vote proves they are not committed to removing discrimination against unmarried people in committed relationships.
“In fact, Shadow Attorney General Greg Smith has previously said he “objects” to putting same-sex couples “on the same level” as de facto heterosexual couples and his refusal to back this register only re-affirms his prejudices and denies unmarried couples rights and entitlements.”
Mr Hatzistergos said the Relationships Register will not provide for civil unions, but will reflect the serious commitment made by couples who choose to register their relationship.
“Couples will need to be able to prove they are eligible to be included on the Register and can have the registration terminated if the relationship dissolves,” he said.
To be eligible to register a relationship on the Relationships Register:
- Couples must be in a committed, exclusive relationship;
- Couples must not be married or in another relationship that is registered or registrable
- Couples must be 18 years of age or older; and
- One person must be a resident of NSW.
Mr Hatzistergos said that in establishing the Relationships Register the Government has also amended legislation allowing registered relationships to be considered on par with de facto relationships under NSW law.
“The NSW Government is also working to ensure there is reciprocal recognition of relationships registered in NSW with other jurisdictions that have registers in place.
The Register will be managed by the NSW Registry of Births Deaths & Marriages. It will be up and running in the next few months.
Expert team to help reduce Domestic Violence Deaths [ 113 kb]
Issued: Wednesday, 12 May 2010
The NSW Government will introduce legislation this week to establish The Domestic Violence Death Review Team – a special panel of experts with new powers to review the tragic 42 per cent of deaths each year caused by domestic violence and recommend ways to reduce these incidents. NSW Attorney General, John Hatzistergos and Minister for Women, Jodi McKay said the Keneally Government is providing $500,000 recurrent funding for the project – aimed at identifying improvements in services and systems that will save lives.
“The Domestic Violence Death Review Team will have the power to analyse all deaths relating to domestic violence – not just homicides, but suicides and fatal accidents. It will review closed cases where investigative processes have been finalised,” Mr Hatzistergos said.
“This panel of experts will now search for trends or systemic issues that have led to domestic violence deaths and identify how systems or services can be improved to protect people living in fear.”
Mr Hatzistergos and Ms McKay said The Domestic Violence Death Review Team will include representatives from law enforcement, justice, health, social services and non-government agencies. It will:
- be chaired by NSW State Coroner Mary Jerram;
- exchange information with similar bodies in other states and territories as well as the NSW Child Death Review Team;
- have the power to review closed cases of domestic violence-related deaths in NSW including:
- Homicide of a spouse, partner or child;
- Suicides; and
- Fatal accidents
- establish and maintain a database of these deaths;
- undertake research that aims to prevent and reduce the likelihood of such deaths; and
- produce an annual report on their findings.
Ms McKay said around 42 per cent of all homicides in NSW are attributed to some form of domestic violence.
“This is a tragically high number and the Government needs to do everything it can to prevent and reduce domestic violence related deaths,” Ms McKay said.
“Ensuring the Review Team has the ability to look at all deaths relating to domestic violence, whether they are suicides or fatal accidents will help reduce this figure.
“Until now these types of associated deaths have not been included in official domestic violence figures - despite the fact they are often caused by domestic violence.”
Ms McKay said the Keneally Government was creating the Domestic Violence Death Review Team following recommendations made by the Domestic Homicide Advisory Panel.
“In late 2008 the NSW Government established the Domestic Homicide Advisory Panel to examine what additional steps the Government could take to help reduce domestic homicides,” Ms McKay said.
“The Panel finalised its report last year and its key recommendation was the establishment of a specialised domestic violence homicide review mechanism in NSW,” she said.
Mr Hatzistergos said changes to the Coroners Act will go through Parliament this week to enable the establishment of The Domestic Violence Death Review Team in NSW.
Mr Hatzistergos, said the changes would also ensure the team was chaired by a current or former State Coroner or Deputy State Coroner. “The role of the State Coroner in the team is crucial as she is experienced in investigating causes of death and has access to coronial networks across Australia, such as the National Coroners Information System,” Mr Hatzistergos said.
Convenor of the Domestic Violence Coalition Committee, Ms Betty Green, today welcomed the Government’s initiative in establishing the Domestic Violence Death Review.
“The establishment of the Domestic Violence Death Review represents a significant step forward in understanding more about domestic violence, domestic violence deaths and what steps need to be taken to prevent similar deaths.” Ms Green said.
“The government is to be commended in committing to establish what is a leading practice domestic violence death review panel in New South Wales,” she said.
Domestic Violence facts over the period January 2003 to June 2008
- There were 215 victims of domestic homicide in NSW;
- Approximately 18 per cent of all homicides were intimate partner homicides;
- The rate of domestic homicide per year remained stable, ranging from a low of 0.46 per 100,000 population in 2004 to a high of 0.63 per 100,000 population in 2006;
- Approximately 42 per cent of all homicides were domestic, defined with reference to the Crimes (Domestic and Personal Violence) Act 2007;
- For every one domestic homicide there were over 620 domestic violence related assaults;
- Forty-three per cent of domestic homicide victims (70 females and 22 males) were killed by intimate partners;
- Stabbing was the most common act causing death, with knives used in over one third of domestic homicides;
- Twenty-six per cent of offenders were persons of interest in a violence related incident in the 12 months prior to the homicide;
- Ten per cent of victims were recorded by police as having been involved in an incident of domestic violence involving the same alleged homicide offender in the 12 months prior to the homicide;
- Compared with the offenders in the non-lethal assault group, a higher proportion of femicide offenders were ex-spouses or ex-partners of the victim (27% vs 16%);
- In the five years prior to the event, a greater proportion of offenders in the nonlethal assault group had had contact with the police for a violence related incident (70% vs 53%); and
- In the 12 months prior to the homicide or non-lethal assault, similar proportions of offenders in these groups (around 1 in 4) had had contact with the police in relation to a violence related incident against the victim.
Law Week 2010: Find out how the law affects you in Penrith [ 106 kb]
Issued: Tuesday 11 May 2010
Locals in Penrith who are experiencing major difficulties in their lives will have an opportunity to access free information and advice on law and justice issues as part of events being held during Law Week 2010.
NSW Attorney General John Hatzistergos said that a number of events, seminars and workshops will be held across the State next week that will help people obtain the legal information they need in line with this year’s theme “Law and Justice in Your Community.”
“For many people understanding how to obtain legal advice or what is required of them in certain legal circumstances can be quite daunting,” Mr Hatzistergos said.
“Law Week is all about bringing that information directly to the community and helping people find answers to questions they have about the law.”
Mr Hatzistergos said sessions have been arranged at Penrith Courthouse to provide information to community members in need of legal help.
“Whether people are trapped in an abusive relationship or are on the verge of losing their home, information sessions at Penrith Courthouse will highlight the options and support services available to the local community,” Mr Hatzistergos said.
“The information sessions will answer some of the most frequently asked questions about the law, such as how do I take out an Apprehended Violence Order, what can I do if I am facing eviction from my home and how can I deal with family law issues, including child support.”
Mr Hatzistergos said that as part of Law Week 2010, events will also be held in Penrith to educate the community, particularly young people, about the consequences of breaking the law.
“A large proportion of people who come before Penrith Local Court are facing driving offences and information sessions will also examine the consequences of drink driving and speeding.”
Mr Hatzistergos said the court will screen the short film, “Burn” which tells the story of a typical juvenile robbery that escalates into a more serious act of violence.
The film, which was produced by Legal Aid NSW, aims to increase young people’s awareness of the laws around group offending and robbery as well as their rights when dealing with the police.
A range of service agencies will be on hand to provide assistance at the Law Week event including the Department of Justice and Attorney General, Legal Aid, Women’s Domestic Violence Court Advisory Service, Women’s Legal Services NSW, Community Legal Centres, the Family Relationship Centre and the Child Support Agency.
“Whether you are a person in crisis or just someone looking to learn more about how the law affects you, the event will provide valuable information in a relaxed and welcoming environment,” Mr Hatzistergos said.
“I encourage as many people as possible to take advantage of the events being held and attend the Law Week activities in Penrith,” he said.
Penrith event details: What: Penrith Law Week Information Sessions Where: Penrith Courthouse, 64-72 Henry Street, Penrith When: Wednesday, May 19 from 1pm – 4pm
Major events around NSW also include:
- An open air Legal Expo at Martin Place, Sydney enabling members of the community to obtain face-to-face legal advice and information from a range of legal service providers including the NSW Trustee and Guardian, Legal Aid NSW, Local and District Courts, JP’s and other organisations including the Motor Accidents Authority and the ACCC
- A Walk for Justice sponsored by the Pubic Interest Clearing House (PILCH) to raise awareness about the importance of free access to justice and the importance of pro bono work in the legal community
- Mock-trial exercises and debates for school students
- A Law Week Legal Services Road show organised by the NSW Department of Justice and Attorney General in partnership with Legal Aid NSW and other local service providers, that will visit Albury, Wagga Wagga, Narrandera, Leeton and Griffith to help people access legal information.
Law Week events will be taking place across NSW and Australia from 17-22 May.
For more information about Law Week and what is happening in the area, please visit www.lawweek.com.au.
NSW welcomes Rudd government commitment to Legal Aid [ 73 kb]
Issued: Tuesday 11 May 2010
NSW Attorney General, John Hatzistergos has welcomed the Rudd Government’s announcement that it will boost legal aid funding to NSW as part of the 2010-11 Budget.
Mr Hatzistergos said NSW Legal Aid will receive $60.3 million in Commonwealth funding over the next financial year – $10 million more than allocated in the 2009-10 Budget.
“This is a significant increase in the Commonwealth Government’s commitment to funding legal assistance,” Mr Hatzistergos said.
“However, it does not yet make up for the massive decrease in funding we saw under the Howard Government. I hope there are more increases to come,” he said.
Mr Hatzistergos said that over the 10 years prior to 2007/2008 the former Commonwealth Government chose to reduce funding for Legal Aid NSW by $77.9 million in real terms.
In contrast, the NSW Government increased its total Legal Aid funding from $26.5 million in the 1996/1997 financial year to $98.4 million in the 2009/2010 financial year.
“The Rudd Government has continued to demonstrate a commitment to ensuring disadvantaged members of the community are able to access justice and resolve legal disputes,” Mr Hatzistergos said.
“The funding allocated to NSW will allow Legal Aid NSW to make free, face-to-face legal advice available in more communities in the State.”
“It will also allow Legal Aid to expand services for families facing mortgage stress,” he said.
In addition, New South Wales will benefit from a share of the $26.8 million nationally over four years in additional funding for community legal services, and $34.9 million over four years for Indigenous legal services.
New Land and Environment Court Commissioner [ 105kb]
Issued: Wednesday 5 May 2010
NSW Attorney General John Hatzistergos today announced the appointment of Sue Morris as a Commissioner of the Land and Environment Court of NSW.
“Ms Morris brings over 30 years of experience in town planning, particularly in statutory planning, to the position,” Mr Hatzistergos said.
Ms Morris is currently the Director of Development and Environment at Camden Council and has also acted as the council’s General Manager.
She has held director level and senior management positions in planning in local government for the last 23 years.
“In addition to her strong statutory planning background, Ms Morris has consistently worked hard to negotiate desirable community outcomes for development proposals,” Mr Hatzistergos said.
“Her skills in seeking consensual solutions to disputes will be an asset to the Land and Environment Court, which uses a variety of dispute resolution processes to achieve appropriate case outcomes.”
Ms Morris’ town planning experience includes work on urban renewal and heritage issues as well as planning for rural areas and new residential release areas in south-western Sydney.
She has an Associate Diploma in Town and Country Planning and an Architectural Drafting Certificate.
She is qualified as a certified practising planner by the Planning Institute of Australia. Ms Morris will take up her position on June 28.
Don’t let your car become a honeypot for thieves [ 61kb]
Issued: Wednesday 5 May 2010
NSW Attorney General John Hatzistergos today launched a campaign to prevent theft from motor vehicles in Sydney, particularly in hot spot areas surrounding train stations.
“Thieves often target areas around train stations, where vehicles are left unattended for long periods by commuters, who catch the train to work,” Mr Hatzistergos said.
“Stealing from motor vehicles tends to be an opportunistic crime and the best way to avoid being a victim is to ensure that your car is locked and there are no valuables on display.”
Police, Railcorp Transit Officers and Crime Prevention Officers from the Department of Justice and Attorney General will be at Sydney train stations this week to inform commuters about how to protect their vehicle from thieves.
They are distributing around 40,000 postcards, containing tips on vehicle security to commuters at train stations at Leumeah, Lidcombe, Newtown, Penrith, Revesby, Seven Hills, Sutherland, Tempe and Warwick Farm.
Motor vehicle security tips include:
- Remove portable GPS devices when you park your vehicle, hide the cradle and wipe off suction marks left on your windscreen;
- If you choose to leave valuables in your car, lock them in the boot;
- Turn off Bluetooth devices - thieves can use Bluetooth to detect laptops and mobile phones in cars;
- Check all windows are closed and doors locked;
- Keep your keys safe and do not label them with anything showing your name or home address on it – a mobile phone number is best;
- Consider investing in car security devices such as engine immobilisers, high quality electric alarms and steering wheel locks.
“Having your car broken into and personal items stolen can be distressing and expensive and the cost of repairing damaged windows or locks is often more than the value of the items stolen,” Mr Hatzistergos said.
The NSW Government has awarded $380,000 in grants to councils around Sydney (including Canada Bay, Leumeah, Liverpool, Penrith, Marrickville and Strathfield) for programs designed to reduce theft from motor vehicles.
“The government grants are enabling councils to improve fencing, warning signs and visibility at carparks and other hotspot areas to deter thieves from stealing from motor vehicles,” the Attorney General said.
“The government also encourages motorists to install one-way screws to prevent the theft of number plates, which are often used in petrol station ‘drive offs’.”
Steal from motor vehicle offences fell by 18% in NSW over the two years to December 2009, according to figures from the NSW Bureau of Crime Statistics and Research.
For more information about securing your vehicle, visit the NSW Government’s crime prevention website: www.crimeprevention.nsw.gov.au/carsecurity.
NSW leads the way forward on commercial arbitration laws [ 81kb]
Issued: Tuesday 4 May 2010
NSW Attorney General, John Hatzistergos, will table model domestic arbitration laws at the Standing Committee of Attorneys General this Friday and has urged all states and territories to support the business community and pass the laws as a priority in their own jurisdictions.
“NSW has taken the lead in developing the Model Commercial Arbitration Bill which will give businesses a cost-effective and efficient alternative to litigation that reflects international practice,” Mr Hatzistergos said.
Mr Hatzistergos said that arbitration is commonly being used as the preferred option for resolving business and commercial disputes because it is quick, less expensive and less formal than litigation.
“Laws have been developed by many jurisdictions around the world, however, in this country there has been little change to Commercial Arbitration Acts since they first commenced in 1984.”
“If we are serious about supporting Australian business and economic interests then we need to ensure that we have in place up to date domestic arbitration laws across the board.”
Mr Hatzistergos’ call to back the Bill follows the recent Commonwealth and NSW State Government decision to establish Australia’s first dedicated international dispute resolution centre in Sydney.
“Recent studies by the International Legal Services Advisory Council have estimated that Australia’s total legal services export and cross-border income was worth $675 million in 2006-2007.”
“It is without doubt that reforming arbitration laws at both a State and Federal level will create an international best practice legal framework for Australia and ensure Australia is a significant player in the booming commercial dispute resolution market.”
“We really have an opportunity before us that will put Australian firmly on the international arbitration stage, and to capitalise on that we need the best domestic laws possible.”
The model Bill is based on the United National Convention on International Trade Law, which reflects the accepted world standard for arbitrating commercial disputes.
It will ensure NSW domestic arbitration laws reflect accepted international practice for resolving commercial disputes.
Drug rehabilitation program expands to Woy Woy [ 49 kb]
Issued: Tuesday 4 May 2010
Attorney General John Hatzistergos and Member for Gosford Marie Andrews today launched a program that aims to reduce drug-related crime and re-offending in Woy Woy.
The Magistrates Early Referral Into Treatment (MERIT) program offers drug treatment prior to sentencing, as a voluntary option for people coming before the courts.
“MERIT will be available at Woy Woy Local Court for non-violent defendants who have a drug problem, are suitable for release into the community on bail and are motivated to engage in treatment and rehabilitation,” Mr Hatzistergos said.
“By addressing their drug problem, the program is also addressing what is often the primary motivation behind their offending behaviour.
“MERIT makes use of a comprehensive range of health and welfare services, detoxification, treatment and rehabilitation. Participants are closely case-managed and the magistrate receives regular reports on their progress.”
The Commonwealth-State program is now available at 64 courts across NSW. It has operated successfully at Gosford Local Court since 2002 and at Wyong since 2003.
Marie Andrews said more than 500 defendants at these two courts on the Central Coast have successfully completed the three-month intensive treatment program.
“The NSW Government is committed to reducing the proportion of offenders who commit further crime and MERIT’s expansion to Woy Woy ensures all eligible defendants appearing in Central Coast courts can join the program,” the local member said.
“With the expansion of this drug diversion program, the Central Coast community as a whole will be safer and stronger.
“This will help local police to keep driving down rates of crime.
“We’ve achieved excellent results in reducing crime in the Central Coast region.
“Over the past five years, assaults are down 2.5%, break and enters are down 6% and motor vehicle theft is down 6%. In total there were around 2,500 less recorded incidents of crime last year than five years ago.”
Last year, the Bureau of Crime Statistics and Research found that participation in MERIT reduced the proportion of offenders reconvicted for any offence by 12 per cent.
“It is pleasing to see that recent independent evaluations show that MERIT is working well in breaking the drug-crime cycle,” Mr Hatzistergos said.
$312,000 grant for Dubbo Aboriginal Youth Patrol [ 107 kb]
Issued: Friday 30 April 2010
Dubbo’s Community Patrol for Aboriginal youth will receive $312,000 in NSW Government funding over the next four years, Attorney General John Hatzistergos announced today.
The after dark bus service collects young people, aged 13 to 17, from the streets and takes them home, to a structured supervised activity or to another safe location.
“In this year alone, the patrol has helped around 6,000 young people, including many who were at risk of becoming involved in crime, as a victim or as an offender,” Mr Hatzistergos said.
“The bus operators often refer young people to support services that can address the underlying issues that led to them being on the streets late at night.”
Member for Dubbo Dawn Fardell said the Department of Justice & Attorney General funds Safe Aboriginal Youth patrols in 11 locations across NSW.
“Almost a million dollars in grants have been awarded to patrols in Dubbo, Nowra and Armidale this month,” Ms Fardell said.
“The patrols increase the safety of young people on the street at night, and can also reduce the incidence of a range of crimes, including vandalism, alcohol-related violence, theft and assault.”
The Dubbo patrol, which is managed by the Dubbo Neighbourhood Centre, is staffed by local Aboriginal workers who have received tailored training to assist them with identifying and addressing the needs of young people.
“The patrol operates for a minimum of eight hours per week, provides services on Friday and Saturday nights and will operate on an additional night each week during school holidays,” she said.
Crime rates are falling or stable in most key categories in Dubbo. The rate of non-domestic assaults in Dubbo dropped by almost 19 per cent between July 2007 and June 2009.
Successful rehabilitation program expanded in Dubbo: Courts refer offenders to Alcohol MERIT [ 24 kb]
Issued: Friday 30 April 2010
A highly successful Dubbo program that aims to reduce crime by helping defendants address drug problems has been expanded to include offenders with alcohol addiction issues, NSW Attorney General John Hatzistergos announced today.
“The Magistrates Early Referral Into Treatment, or MERIT is a joint Commonwealth-State program which allows magistrates to refer offenders with drug problems into treatment prior to sentencing”, Mr Hatzistergos said.
“It has operated in Dubbo since 2002, with 82 offenders successfully completing the program.
“Recent evaluations show that MERIT is working well in breaking the drug-crime cycle.
“Last year the Bureau of Crime Statistics and Research released a study which showed that participation in MERIT reduced the proportion of offenders reconvicted for any offence by 12 percentage points.”
Mr Hatzistergos said the Government was hoping to build on this success by trialling an expansion of the program in Dubbo to defendants facing alcohol addiction.
“We have now commenced Alcohol MERIT in a total of seven court locations across the state”, he said.
“It has been operating in Dubbo since October last year, and we’ve already seen a number of offenders enter into treatment for alcohol addiction problems.”
Member for Dubbo Dawn Fardell said the introduction of Alcohol MERIT in Dubbo would help local police to keep driving down rates of crime.
“We’ve achieved excellent results in reducing crime in Dubbo”, Ms Fardell said.
“Over the past five years, assaults are down 4%, break and enters are down 9% and malicious damage is down 9%.
“But we know that alcohol as well as drug addiction can contribute to offending behaviour, and the benefits of MERIT are clear for offenders with addiction problems.
“With the growth of the program in Dubbo, the local community as a whole will be safer and stronger.”
Residents roll up their sleeves for Graffiti Action Day [ 179 kb]
Issued: Thursday 29 April 2010
More than 1000 volunteers will don a pair of cleaning gloves this Sunday, pick up a bucket and a rag and help clean up graffiti hotspots around the state as part of Australia’s first ever Graffiti Action Day.
NSW Attorney General John Hatzistergos thanked the volunteers who have already registered for helping to make the inaugural Graffiti Action Day 2010 a success and encouraged others to join a clean up event in their local community this Sunday.
“Everybody who rolls up their sleeves and lends a hand on Sunday for Graffiti Action Day is showing real pride in their local community,” Mr Hatzistergos said.
“They’re pitching in to make their neighbourhoods cleaner and safer places to live and sending a clear message to graffiti vandals that they’ve had enough.”
Following the success of Graffiti Action Day 2010 in NSW, Mr Hatzistergos said he supports calls to expand it to other states and territories and make it a national day of action from next year.
Graffiti Action Day 2010 involves:
- More than 1000 volunteers
- 142 graffiti cleanup sites
- 1000 buckets and safety goggles
- 26 community organisations
- 28 councils
Peter McLean, Chief Executive Officer of Keep Australia Beautiful NSW, said more than 1000 volunteers will take part in community clean up events at more than 142 graffiti sites.
“There is a real grassroots effort from communities and councils around the state to take a stand against graffiti vandalism this weekend,” Mr McLean said.
“Graffiti Action Day shows just how easy it is to remove graffiti quickly and effectively. All you need is a bit of know-how and the right product.”
Mr McLean said graffiti costs the NSW economy and tax payers over $100 million each year.
“For example, Campbelltown Council alone spent $280,000 on cleaning up graffiti last year while the City of Sydney spends more than a million,” he said.
“We know that removing graffiti quickly boosts civic pride, minimises crime and the perception of crime.”
Mr McLean said all volunteers will be briefed in techniques for safe and effective graffiti removal and provided with personal protection equipment.
Graffiti will be removed using a number of methods including scrubbing with environmentally friendly SoSafe cleaning products and water and a number of high pressure water blasters provided by council mobile graffiti removal vehicles.
Crime Stoppers is a strong supporter of Graffiti Action Day and urged the public to report acts of graffiti vandalism to www.crimestoppers.com.au or by calling 1800 333 000.
“If you or your neighbour’s property is being damaged we would very much like to know about it,” Crimestoppers CEO Peter Price said.
Graffiti Action Day is part of the NSW Government’s action to crackdown on graffiti.
Other measures include:
- Penalties for graffiti vandalism doubled to 12 months in prison
- Giving police the power to confiscate spray paint from unsupervised juveniles in public
- Set up the Police/Rail Counter Vandalism Taskforce to target graffiti and vandalism on the rail network
- It is now illegal for juveniles to carry spray cans unless for education, employment or legal art
- $1 million in grants from the NSW Government each year for anti-graffiti design at hotspots
Established in 1975, Keep Australia Beautiful NSW is the premier not-for-profit organisation working to preserve, protect and enhance this state’s unique and diverse environments.
To see the Premier’s Graffiti Action Day message, see http://www.kristinakeneally.com.au/video-lounge/graffiti-action-day or on Facebook or Twitter.
To register for Graffiti Action Day next year, send an email to graffitiactionday@kabnsw.org.au or visit www.kabnsw.org.au for further information.
New telephone hotline for victims of crime [ 107kb]
Issued: Friday 23 April 2010
Help for victims of crime is now only a phone call away thanks to a telephone hotline launched today by the NSW Attorney General, John Hatzistergos.
Mr Hatzistergos said the new service will act as a ‘one-stop’ help line that will assist victims and their families to access the crisis support and specialist advice they need.
“The Victims Access Line forms part of the Government’s commitment to uphold the rights of victims of crime by bringing together a range of services in an easily accessible first point of contact, which helps victims through the justice process and beyond,” he said.
“Victims of crime have experienced enough trauma and need all the support we can offer them to move on with their lives,” Mr Hatzistergos said.
“Anyone who’s been a victim of crime can call the Victims Access Line and receive confidential advice and support from trained officers who specialise in working with victims.”
Mr Hatzistergos said that by calling 1800 633 063 victims and their families can be immediately triaged to services that include:
- 24 hour-crisis support and intervention;
- A range of counselling services, including free counselling for victims of violent crimes;
- Assistance in making compensation applications, victim impact statements, complaints about breaches of the Charter of Victims Rights, and
- Information about accessing court support services.
Run by Victims Services at the NSW Department of Justice and Attorney General, the new service is already attracting more than 200 calls a day.
Late last year the Government also launched a new online information source for victims, Justice Journey, which provides a step-by-step guide to the criminal justice system, including how to report a crime to police, what to expect if a matter comes to trial, through to what happens if a person is convicted of the crime.
Executive Director of the Homicide Victims Support Group, Martha Jabour, welcomed the hotline.
“This Government has made services to victims a priority, and the Victims Access Line is another demonstration of that. This service will make it much easier for people to get the information and help they need at a time when they should not have to struggle for answers.”
Victims of crime in NSW should call 1800 633 063 for information and support, or go to www.lawlink.nsw.gov.au/vs.
Justices of the Peace to be reappointed online [ 82kb]
Issued: Friday 9 April 2010
NSW Attorney General John Hatzistergos today announced that more than 90,000 Justices of the Peace (JPs) in the state will now be able to renew their appointment online, saving up to eight weeks in processing times.
“Going online is now the quickest and easiest way for the more than 90,000 JPs in the state to apply for reappointment,” Mr Hatzistergos said.
“The new online reappointment system means that JPs can reapply in a much faster, easier and more efficient process.
“It also means that the public can check the internet register of JPs to be sure they are eligible to hold the office.”
Mr Hatzistergos said the new online reappointment form takes about five minutes to complete and sends instant acknowledgement of their application.
The Department of Justice and Attorney General reviews more complex online applications, while the straightforward ones are assessed automatically. All applications are put through a national criminal records check at appointment and reappointment.
“The NSW Government recently introduced more stringent guidelines for assessing the good character of applicants to ensure they are honest and capable of upholding the integrity of the office,” Mr Hatzistergos said.
“A JP must submit an application for reappointment before the end of his or her term, otherwise the appointment automatically lapses.”
Notices are sent by email or ordinary post at least three months before the expiry date. The Department is also trialling the sending of SMS text messages to remind them to keep their contact details up to date.
“Feedback from JPs for the new online form and the use of SMS text reminders has been very positive,” Mr Hatzistergos said.
The NSW Government replaced lifetime appointment of JPs with five-year terms in 2004 to ensure JPs continue to be eligible to perform the functions of the office.
The website at www.jp.nsw.gov.au allows JPs to notify the Department of any changes to their contact details at any time.
The register of JPs is also available on this website for the public to search by suburb or postcode for a list of JPs in their area and to confirm a specific JP’s appointment.
Turn your clocks back: Daylight Saving ends on Sunday [ 31kb]
Issued: Friday 2 April 2010
NSW Attorney General John Hatzistergos today reminded people to put their clocks back by one hour before going to bed on Saturday night, with daylight saving to end at 3am on Sunday.
“I am sure many NSW residents are looking forward to getting an extra hour to sleep in on Sunday morning,” Mr Hatzistergos said.
Daylight saving is held from the first Sunday in October until the first Sunday in April in NSW, Victoria, the ACT, South Australia and Tasmania.
Legislation to harmonise daylight saving in NSW with the south-eastern states and territory was passed in 2007. Daylight saving is not observed in Queensland, Western Australia and the Northern Territory.
Daylight saving operated nationally during part of World War I and World War II, but it was not adopted again by NSW until October 1971. Daylight saving periods have been observed in NSW for 39 consecutive years.
A 24-hour recorded message with dates of daylight saving can be accessed by calling (02) 8688 7966.
A fact sheet on daylight saving is available at the Department of Justice & Attorney General website: www.lawlink.nsw.gov.au/cru.
First Information Commissioner for NSW [ 88kb]
Issued: Thursday 1 April 2010
NSW Attorney General John Hatzistergos today recommended to a joint parliamentary committee the appointment of Deirdre O’Donnell as the state’s first Information Commissioner.
“The role of the Information Commissioner is to maintain transparency and accountability in government agencies, which is something Ms O’Donnell has helped to achieve in other parts of Australia during her distinguished career,” Mr Hatzistergos said.
“The appointment of the state’s first Information Commissioner demonstrates the NSW Government’s commitment to open and accountable government.”
Ms O’Donnell served as State Ombudsman in Western Australia between 2002 and 2007, before being appointed as Australia’s Telecommunications Ombudsman in 2007.
In 2008, she was awarded a Public Service medal as part of the Australia Day Honours awards for her work as the Western Australia Ombudsman.
“Ms O’Donnell has a reputation for independence, fairness and accountability and I have no hesitation in recommending her appointment as NSW Information Commissioner,” Mr Hatzistergos said.
“She is a highly respected investigator with more than a decade of experience in investigating corporate and government compliance.”
The appointment needs to be considered and endorsed by a joint parliamentary committee before it is officially made by the NSW Governor, Her Excellency Marie Bashir.
The Office of the Information Commissioner was created last year as part of far-reaching reforms to freedom of information laws designed to make the NSW Government the most open and accessible Government in Australia.
The Government intends to bring the Privacy Commissioner and the Information Commissioner within a single office as part of the future reform of privacy legislation.
Resolve a dispute with your neighbour this Neighbour Day [ 125kb]
Issued: Sunday 28 March 2010
Attorney General and Minister for Citizenship John Hatzistergos today encouraged NSW residents to take a vow today, on Neighbour Day, to make a special effort to resolve any disputes they may have with their neighbours.
“Disputes between neighbours sometimes go on for years and may seem intractable but, the fact is, there is help out there to resolve them,” Mr Hatzistergos said.
The NSW Government’s Community Justice Centres provide free and informal mediation services to help people settle their differences.
“Before a brush with a neighbour escalates into an all-out feud, talk it over at a Community Justice Centre,” Mr Hatzistergos said.
“This is a cheaper and less combative option than going to court and has an proven track record in resolving disputes amicably.
“In the last four years Community Justice Centres have achieved a settlement in 80 per cent of mediations, with most cases being resolved within 30 days.”
Community Justice Centres dealt with 2300 disputes in 2008-09 including:
- 591 fence disputes
- 447 tree disputes
- 378 animal disputes
- 304 disputes over the behaviour of children
- 169 disputes over the use of common facilities.
Mr Hatzistergos said mediation provides a safe environment to raise concerns and listen to the views of others and can offer a greater range of solutions than those available at court.
Two impartial, trained mediators conduct the sessions to help people to work together to reach an acceptable agreement to all parties.
Community Justice Centres, which help resolve conflict between neighbours, families and work colleagues, is a service run by the Department of Justice and Attorney General and is available to all communities in NSW by contacting 1800 990 777.
Neighbour Day aims to strengthen communities around Australia and help people build better relationships with those who live nearby.
It began in Melbourne in 2003 after the body of an elderly woman was discovered in her home. She had died two years earlier but had been forgotten by neighbours, friends and family.
Planners to “graffiti-proof” new public buildings [ 60kb]
Issued: Friday 26 March 2010
Planners will be required to “graffiti-proof” new public buildings and infrastructure by incorporating graffiti-resistant design rules in accordance with new State Government planning provisions, Attorney General John Hatzistergos said today.
Under the proposal, planners will be required to incorporate innovative graffiti prevention techniques such as paint-resistant surfaces, natural surveillance and “green screen” walls into the design of new public infrastructure.
“We know that good design can help prevent crime,” Mr Hatzistergos said.
“Good planning and design can remove the opportunity for criminals such as graffiti vandals to commit their crimes in the first place.”
“Graffiti costs the NSW economy an estimated $100 million each year and the NSW Government is determined to make it harder for vandals to commit this senseless crime.”
Minister for Planning, Tony Kelly, said the draft provisions have been released as part of the Review of the Infrastructure State Environmental Planning Policy (SEPP) and will be on public exhibition until April 12.
“The draft provisions have been developed to ensure that graffiti and crime prevention design principles are considered in the design and construction of all public infrastructure,” he said.
“They are based on the world-renowned crime prevention principles known as Crime Prevention Through Environmental Design (CPTED).”
Associate Professor Douglas Tomkin of the Designing Out Crime Research Centre at UTS said: “A key feature of the CPTED principles is the systematic analysis of crime in a particular location by planners and this has contributed to its high success rate, not only in reducing crime, but also in lowering the fear of crime in a community.”
Under the draft graffiti-prevention provisions, new public infrastructure would be designed to:
- maximise sight lines and natural surveillance from neighbouring streets and buildings
- reduce access to vertical walls and surfaces through design and landscaping
- use graffiti-resistant surfaces and coatings
- use colours that deter graffiti
- maximise lighting and security surveillance, and
- incorporate a rapid-removal maintenance schedule
To provide feedback on the Review of the Infrastructure SEPP go to www.planning.nsw.gov.au.
The NSW Government has rolled out a comprehensive package of anti-graffiti initiatives:
- Tougher penalties: Increased the maximum penalty for graffiti vandalism from 6 months to 12 months and possession of a graffiti implement from 3 months to 6 months.
- Banned spray can possession: Made it an offence for juveniles to possess spray paint cans unless for education, employment or legal art.
- Clean up orders: Court orders to force vandals to clean up graffiti instead of paying fines.
- Graffiti hotspots: Allocated $1 million to treat hotspots with anti-graffiti design.
- Graffiti Action Day: Launched a community-based graffiti clean up day on May 2, 2010 in partnership with Keep Australia Beautiful. To volunteer or nominate a site for Graffiti Action Day call (02) 9633 3380 or email graffitiactionday@kabnsw.org.au or visit www.kabnsw.org.au.
New magistrate for NSW Local Court [ 57kb]
Issued: Monday 24 March 2010
NSW Attorney General John Hatzistergos today announced the appointment of Andrew Eckhold to the bench of the Local Court of NSW.
“Mr Eckhold is a respected member of the NSW legal profession, who has the skills, experience and work ethic necessary to be an outstanding magistrate,” Mr Hatzistergos said.
Specialising in criminal matters, Mr Eckhold has appeared frequently in the Local Court in prosecutorial and defence capacities over the past 17 years.
In his current role as a Solicitor Advocate at the Crown Solicitor’s Office, Mr Eckhold has provided written advice to NSW Government agencies on complex matters and appeared in court on their behalf.
He has also served as Counsel Assisting the Coroner at more than 20 inquests, including a hearing into the death of a teenager who crashed a stolen car while being pursued by police in Wollongong.
Mr Eckhold prosecuted major criminal trials as a barrister in Western Australia between 2006 and 2008, working mainly on cases involving sexual offences against children and adults.
He has also been employed as a prosecutor for the Work Cover Fatalities Unit, a legal and policy officer at the Department of Justice and Attorney General and spent more than nine years working for Legal Aid NSW.
Mr Eckhold holds a Bachelor of Laws and a Bachelor of Arts in Psychology and is a member of the NSW Law Society Criminal Law Committee. He is also a part-time Legal Officer with the Royal Australian Navy, where he is studying military law.
He will be sworn in as a Magistrate on April 19.
Legal service to meet the needs of older people [ 81kb]
Issued: Monday 22 March 2010
NSW Attorney General John Hatzistergos today marked the beginning of Seniors Week by launching a ‘one-stop-shop’ pilot program that will help older people obtain free or reduced cost legal assistance.
The Legal Pathways for Older People project has been established in response to a Law and Justice Foundation report identifying that older people have a high level of unmet legal needs and experience a number barriers when trying to access advice.
Mr Hatzistergos said the program is an initiative involving the Council on the Ageing NSW (COTA), Legal Aid NSW, the Aged-Care Rights Service and the Law Society of NSW. The Service will be based at COTA offices in Sydney.
“Being able to access clear legal information and advice is an essential feature of our justice system and is particularly important for those who are not in a strong position to advocate for themselves,” he said.
“This project will enable seniors who receive the Age Pension or hold a Commonwealth Seniors Health Card to obtain an initial free 30-minute appointment with a lawyer, who will provide advice on a range of problems commonly faced by older people.”
Mr Hatzistergos said the service will specifically address:
- family law issues for grandparents
- housing and accommodation including ‘granny flat’ issues
- loans to family members
- disputes with trades people, and
- violence and abuse.
Clients will also be able to have a will, power of attorney and appointment of enduring guardianship prepared for a flat fee of $50 per document. In some cases this fee can be waived altogether, depending on a person’s circumstances.
President of COTA NSW, Kath Brewster, said the organisation receives hundreds of requests every year from older people that involve legal problems.
“This pilot program identifies the needs of older people and will help older people deal with legal matters face-to-face in a setting that is familiar and comfortable,” she said.
President of the Law Society of NSW, Mary Macken also stressed the importance of the project for older members of the community.
“The Law Society of NSW recognises the immense contribution older people make to this State. Now the time has come for recognition of that contribution with a service such as Pathways for Older People that will enhance their access to justice in NSW.”
For more information about the Legal Pathways Project for Older people or to make an appointment, please call COTA NSW on 9268 3860 or 1800 449 102 (outside of Sydney).
Three new magistrates for NSW Local Court [ 91kb]
Issued: Thursday 18 March 2010
NSW Attorney General John Hatzistergos today announced the appointments of David Degnan, Alexander Mijovich and Harriet Grahame to the bench of the Local Court of NSW.
“These experienced practitioners will bolster the ranks of the Local Court – a jurisdiction which is responsible for more than 90 per cent of court cases in NSW,” Mr Hatzistergos said.
David Degnan was a crown prosecutor based at Campbelltown and is currently based at Wollongong, reviewing matters from the Local Court, finding bills of indictment and conducting trials.
Mr Degnan has worked in the criminal justice system for more than 30 years. The first 11 years were spent with the NSW Police Force, where he served as a prosecutor, legal educator and legal advisor.
He became a barrister in 1989 and was admitted as a solicitor in 1990. In the same year, he began working for the Office of the Director of Public Prosecutions where he remained until his appointment as a crown prosecutor in 2001.
Solicitor Alexander Mijovich is a sole partner in the law firm, Alex Mijovich & Associates and has appeared extensively as a defence advocate in criminal matters before the Local, Children’s and District Courts.
Prior to being admitted as a solicitor, Mr Mijovich spent 17 years in the administration of the Local Court, working at more than 70 courts across NSW.
Barrister Harriet Grahame has practised primarily in criminal law in all levels from the Local Court to the Court of Criminal Appeal, and in a variety of specialist jurisdictions, such as the NSW Parole Authority.
During her 17 years as a legal practitioner she has worked for Legal Aid NSW, the Western Aboriginal Legal Service in Walgett and the Redfern Legal Centre. She has also lectured in criminal law at the University of NSW.
Ms Grahame and Mr Mijovich will be sworn in as magistrates on April 9. Mr Degnan will be sworn in on April 19.
Mr Mijovich and Mr Degnan will serve as full-time magistrates, while Ms Grahame has been appointed as a part-time magistrate.
“The NSW Government introduced legislation to allow for the appointment of part-time magistrates to make it easier for men and women with family responsibilities to undertake this important role,” Mr Hatzistergos said.
Sydney barrister appointed as Supreme Court judge [ 90kb]
Issued: Thursday 18 March 2010
NSW Attorney General John Hatzistergos today announced the appointment of Michael Pembroke, SC, as a judge of the Supreme Court of NSW.
“Mr Pembroke is a leading commercial silk who brings to the bench almost 30 years of experience as a barrister,” Mr Hatzistergos said.
The 54-year-old has advised and acted for financial institutions, insurers, banks and underwriters in litigation throughout Australia and in London, Singapore and New Zealand.
Mr Pembroke appeared for the Australian Securities and Investments Commission (ASIC) in a case against Nicholas Whitlam, concerning his role as the chairman of the NRMA and against Jodee Rich following the collapse of One.Tel.
Since 2002, he has been the Chairman of the Australian Securities Exchange Appeal Tribunal.
Mr Pembroke graduated from Sydney University with a Bachelor of Arts and a Bachelor of laws in 1978 and was admitted as a solicitor in the same year.
Upon graduation, he commenced practice as a solicitor at Freehills, Hollingdale and Page before undertaking a postgraduate degree at the University of Cambridge.
Mr Pembroke was admitted to the NSW Bar in 1981 and was appointed Senior Counsel in 1995. He was an assistant Commissioner of the Independent Commission Against Corruption in 1997.
He will be sworn in as a Supreme Court judge on April 12.
Mr Hatzistergos today also announced the short-term secondment of Land and Environment Court Judge Peter Biscoe to the equity division of the Supreme Court of NSW.
Justice Biscoe will sit on the bench of the Supreme Court from March 29 to May 7.
No conspiracy on appointment [ 34kb]
Letter to The Editor, Sydney Morning Herald, 15 March 2010
The claims regarding the acting appointment of David Lloyd are wrong and had they been put to me I would have categorically and vehemently denied them (“His Honour v vindictiveness”, March 9). My office contacted the Herald on Monday to clarify this point but the calls were not returned.
The Chief Justice has authorised me to advise the Herald that prior to this issue being ventilated in the media, I had agreed to recommend Mr Lloyd’s appointment to Cabinet with effect from 1 July and Mr Lloyd had been informed that this was likely to occur.
Since becoming Attorney General I have actively sought to appoint permanent judges wherever possible – and not use acting judges as permanent substitutes – in order to comply with the High Court’s decision in Forge v ASIC.
Two new permanent appointments to the Supreme Court are already in train as well as one on short-term secondment.
The number of acting judges in the Supreme Court has been reduced by a third, from 15 in 2007 to 10 in 2010, and in the District Court by more than half from 25 in 2007 to 10 in 2010. In 2007, none of the Supreme Court acting appointments were streamlined to come up at the same time in July – now half of them do and it is proposed that wherever possible the rest will follow.
When considering all acting appointments, the principle question is one of ‘need’ and whether the needs of the courts can be met through existing resources. There are other considerations such as timing, compatibility of other activities and an availability to sit.
Mr Lloyd’s acting appointment has not been the subject of a Cabinet deliberation, as the Herald assumed it had. To suggest that the appointment was rejected because of a judgment unfavourable to Government is patently false and utterly rejected.
John Hatzistergos
New option helps the disadvantaged pay court fines [ 55kb]
Issued: Monday 15 March 2010
Disadvantaged people are now able to pay off NSW court fines by having the money gradually deducted from their Centrelink payments, NSW Attorney General John Hatzistergos announced today.
“Failure to pay court fines can result in serious consequences such as the cancellation of a driver’s license, personal property seizure or additional fees, so it is important that disadvantaged people are given manageable payment options,” Mr Hatzistergos said.
This option means recipients of Centrelink payments are able to have an agreed amount deducted from their welfare benefits each fortnight until the debt is cleared. Generally, people have 28 days to pay court fines.
Mr Hatzistergos said the funds are deducted using Centrelink’s free Centrepay service, which is often used by people receiving government benefits to manage the payment of their rent, telephone, electricity and gas bills.
“No one will be obliged to use Centrepay and welfare recipients will still be able to pay court fines all at once if they prefer,” he said.
Mr Hatzistergos said the NSW Government had also introduced a separate scheme – called Work and Development Orders - that allows homeless, mentally ill or people experiencing acute financial hardship to pay off fines by doing charity work or treatment programs.
He said organisations such as charities, youth services, drug and alcohol services, neighbourhood centres and mental health service providers are taking part.
“The Work and Development Orders scheme is strongly backed by many of the state’s key charity groups including The Salvation Army, St Vincent de Paul Society and Youth Off the Streets,” Mr Hatzistergos said.
“This program introduced last year aims to address a phenomenon known as ‘secondary offending’, which occurs when disadvantaged people can’t pay their fines and descend deeper into the criminal justice system.
“Both these initiatives will help ensure that disadvantaged people still have enough money for food, clothing and shelter when they are paying off a court fine.”
Since January 19, all notices of penalties issued by NSW courts have included a Centrepay application form, with more than 160 applications processed to date. The forms are also available at courthouses across the state and online at: www.lawlink.nsw.gov.au.
Youth Harmony Festival 2010 [ 72kb]
Issued: Friday 12 March 2010
NSW Attorney General, John Hatzistergos, is today urging young people from all backgrounds to attend the 2010 Youth Harmony Festival to help strengthen and promote cultural and religious ties across the community.
The festival, being held this Sunday at Darling Harbour’s Tumbalong Park, is an opportunity for young people to build community ties by engaging in activities that promote a better understanding of cultural and religious diversity in an Australian context.
“Our Indigenous culture together with waves of migration have brought different languages, different practices, and different religions together to make Sydney one of the most interesting and vibrant places in the world,” Mr Hatzistergos said.
“This festival is all about helping us understand what we have in common as Australians and to respect each other’s religious and ethnic backgrounds so that we continue to forge a harmonious society.”
Mr Hatzistergos said the day will be filled with cultural activities, food stalls, music, performances, workshops and sports.
It is expected that between 5,000 and 10,000 people will participate in the event across the day to celebrate traditions from Europe, Asia, Africa, South America, the Pacific, the Middle East and Indigenous Australia.
“Some of the performances will have a basis in religious practices and traditions enabling one to see the sincerity and reverence that is common to all worshippers.”
“I encourage all young people to attend the festival to make meaningful contacts and reflect on how important some cultural traditions are to your neighbours, just as your own are to you.”
The festival will commence 11.00am and finish at 4pm. The event is being organised by the Multicultural Youth Network of the Community Relations Commission of NSW and is also supported by the Department of Immigration and Citizenship.
For more information about the event please visit www.crc.nsw.gov.au or contact the Community Relations Commission of NSW on 8255 6767.
Support for changes to police pursuit laws [ 73kb]
Issued: Thursday 11 March 2010
Attorney General John Hatzistergos today said the NSW Government has secured bipartisan support for changes to the Crimes Amendment (Police Pursuits) Bill 2010.
“The Government will introduce an amendment to the bill, recommended to us by the DPP and supported by the Opposition and the Police Association,” Mr Hatzistergos said.
“From the beginning, the creation of a police pursuit law in response to the tragic death of Skye Sassine has been above politics.
“In January, we met with the Opposition and the Police and discussed their ideas about what the law needed to include.
“That is why, we were more than happy to come back to the table when concerns were recently raised.”
Mr Hatzistergos said the Government did not support a proposal put forward by the Opposition, but worked constructively with them to come up with a practical solution.
The Government sought the legal advice from the DPP, Nicholas Cowdery QC, who advised it is important to retain the element of “knowledge”:
“proof of knowledge in an offender… is commonly required and done in the prosecution of many offences… I would not foresee a difficulty in proving the necessary state of mind in any police pursuit where the target vehicle was driven recklessly or dangerously.”
The DPP suggested a proposal to expand the element of knowledge contained in the Government’s bill so that, instead of:
The driver of a vehicle:
(a) who knows that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle
the legislation will state:
The driver of a vehicle:
(b) who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle
Minister for Police, Michael Daley, said the Government had discussed the changes with the Police and the Police Association to ensure the new legislation would be effective on the ground.
“By working with senior police and the Association, we’ve been able to come up with a form of words that will protect both our frontline officers and the community,” he said.
“The NSW Government listened to the concerns raised by police and the community about this issue and acted accordingly,” Mr Daley said.
Solicitor appointed as a judge on the NSW Supreme Court [ 74kb]
Issued: Wednesday 10 March 2010
NSW Attorney General John Hatzistergos today announced the appointment of distinguished solicitor Michael Ball to the bench of the Supreme Court of NSW.
Mr Ball is the second solicitor that Mr Hatzistergos has appointed directly to the NSW Supreme Court.
“I welcome the appointment of Mr Ball, a highly skilled litigation lawyer, with more than three decades of experience in the legal profession,” Mr Hatzistergos said.
“It is indeed a rare honour for a solicitor to be directly appointed to the bench of the Supreme Court, and this is no small part a reflection of the significant skill and acuity with which Mr Ball practices law.”
In August 2008, the Attorney General recommended the appointment of the first female solicitor directly to the bench of the NSW Supreme Court, Justice Julie Ward.
Mr Ball has been a partner at law firm Allens Arthur Robinson (previously known as Allen Allen & Hemsley) since 1987. He has given advice on mediation and litigation in professional negligence, contract law, trade practices disputes and corporations law.
“In recent years, Mr Ball has focused on large and complex litigation, including the lengthy C7 case in the Federal Court,” Mr Hatzistergos said.
The 54-year-old is a member of the Law Society of NSW Costs Working Group, which examines issues relating to the fees solicitors charge clients.
Mr Ball has also worked for the Australian Law Reform Commission and co-authored publications on insurance law, including the Insurance Legislation Manual, Principles of Insurance Law in Australia and New Zealand, and the insurance sections of Halsbury’s Laws of Australia.
In 1978, he was the recipient of the Butterworth Book Prize for law, the same year he graduated from the University of Adelaide.
Mr Ball will be sworn in as a Supreme Court judge on April 13.
New laws to clarify art and child pornography [ 29kb]
Issued: Tuesday 9 March 2010
Attorney General, John Hatzistergos today introduced major reforms to child pornography laws which allow courts to better distinguish child pornography from art, expands protections for victims and makes it easier for police to prosecute.
The new laws stem from a NSW Child Pornography Working Party chaired by Judge Peter Berman SC set up to examine the State’s child pornography laws and sex offence sentencing.
“The artistic merit defence currently contained in legislation poses a significant problem,” Mr Hatzistergos said.
“Currently a clear line does not exist between child pornography and art – a situation that is not ideal for the public or the artistic community,” he said.
“Laws introduced today make it clear that if a court determines that material is ‘child abuse material’, the fact that it is art can no longer be used as a defence to a charge of child pornography.”
The NSW laws adopt Commonwealth provisions where the court looks at the artistic merit of the material when deciding whether it is child pornography, rather than relying on the defence of artistic purpose being raised.
The reforms also:
- expand protections for previous victims of sex offenders: allowing evidence to be given via CCTV, preventing cross-examination from the accused, and providing victims with access to a court support person;
- reduce the trauma experienced by police, prosecutors and juries involved in child pornography cases by allowing the use of random samples to represent vast amounts of images, rather than analysing every single one;
- make it easier for police to prosecute instances where images are disseminated via the internet by standardising NSW laws with Commonwealth laws;
- change the definition contained in the legislation from “child pornography material” to “child abuse material” to make it clear how devastating the practice of child pornography is for children.
“These reforms provide greater protections to victims and save law enforcement officers and juries the trauma of examining every single disturbing item when a haul of pornography is uncovered,” Mr Hatzistergos said
The NSW Government’s moves to toughen child pornography laws have come as a result of working with victims groups and members of the artistic community including the National Association for Visual Arts.
Vice President of the Victims of Crime Assistance League, Howard Brown welcomed the Government’s legislation saying the laws provided a balanced response to a very difficult issue.
“This can be a very grey area to legislate but we agree with the view contained in the legislation that once a court adjudicates that material is pornographic, the defence of artistic merit should not be available,” he said.
Executive Director of the National Association for Visual Arts (NAVA), Tamara Winikoff also commented on the changes.
“While the removal of artistic merit may seem to make artists more vulnerable to constraints on their freedom of expression, police and the ODPP need to establish the material in question is such that a reasonable person would find it offensive in all the circumstances,” she said.
“NAVA is currently working with the ODPP and the police on protective protocols so that art experts are consulted and can advise on whether the material had been produced by a genuine artist and had 'artistic merit' taking into account its context, intention and meaning."
Mandela’s legal counsel, George Bizos SC, visit Sydney [ 37kb]
Issued: Monday 8 March 2010
Attorney General John Hatzistergos today paid tribute to the world renowned human rights advocate and long-time legal counsel to Nelson Mandela, George Bizos SC, who is in Sydney this week.
“Over more than half a century, George Bizos has forged a reputation for dogged commitment to democracy and civil rights in the most difficult political circumstances,” Mr Hatzistergos said.
“Throughout the course of his career, he has borne witness to vast changes in South African society, legal systems and political landscape.
“George Bizos has dedicated much of his professional life to the protection of liberty and the promotion of democracy.
“Today, I am proud to welcome him to Sydney on behalf of the NSW Government.”
Mr Hatzistergos said a list of the trials George Bizos was involved in reads like a history of the democratic struggle in southern Africa:
- the Rivonia trial in 1964, where he worked together with the great anti-racist Bram Fischer to defend the capital charges against Govan Mbeki, Walter Sisulu and Nelson Mandela.
- the 1978 inquest into the death of Steve Biko, where he worked together with the famous Sir Sydney Kentridge QC.
- the 1985 to 1989 Delmas treason trial of 22 anti-apartheid activists, which saw him nicknamed Matla a Tlou – “the one with the strength of an elephant” – in honour of his perseverance.
- the late nineties Truth and Reconciliation Commission hearings, in which he acted on behalf of families of victims of the apartheid regime, including the family of Steve Biko, to resist amnesty being granted to their killers.
- and most recently, the defence of Morgan Tsvangirai on charges of plotting a coup against the ZANU-PF regime in Zimbabwe.
Mr Hatzistergos said the extraordinary service given by George Bizos to the development of the new South Africa is all the more remarkable when his own story is considered.
Born in Greece, he endured the German occupation during World War II until he escaped, across the sea to Egypt. In 1941 he arrived in South Africa as a teenager where, unable to speak English, he worked in a Greek café in Johannesburg.
After mastering English and Afrikaans, he entered Witwatersrand University and came upon the ideas and the personalities which transformed him into one of the leading figures in the anti-apartheid struggle.
Media are invited to hear George Bizos SC speak at a breakfast this morning hosted by the NSW Bar Assocation at the Selborne Chambers, 174 Phillip St, Sydney. Monday, March 8, 8am.
Government roadshow to register births [ 90kb]
Issued: Friday 5 March 2010
NSW Attorney General, John Hatzistergos is today urging community members to take advantage of a travelling Aboriginal Birth Certificate and Registration Service visiting Kempsey and Wauchope next week and register their births.
The service which is part of the project Who You Are, Where You From provides an opportunity for Aboriginal and Torres Straight Islander people to get assistance to register their children and apply for birth certificates.
“Having a birth certificate, establishes your identity and helps in providing access to a range of services and documents such as drivers’ licences, passports, bank accounts, and health and social security benefits,” he said.
“It’s also an important and handy document to have when seeking employment, enrolling into school and even registering for organised sport.”
Mr Hatzistergos said the service which is being run by the NSW Registry of Births Deaths & Marriages in conjunction with the Department of Premier and Cabinet seeks to raise awareness about the importance of birth registration.
Registry officers have also traveled to Tabulum, Wardell, Yamba, Bowraville, Dubbo, Newcastle, Raymond Terrace, Lake Macquarie, Taree and Forster to receive birth certificate applications and registrations from Indigenous people as part of its awareness campaign.
“The success of this program can be seen by the fact that the number of Indigenous people attending the registration events continues to grow each year.
“In 2006, the first year this service was run, 66 birth certificate applications were received. Last year this service received 1,000 applications and more than 500 people are expected to attend the event next week,” he said.
The service and information days will be held at Kempsey Showground on March 9 and the Wauchope Golf Club on March 10. The events will be held from 9am to 4pm.
“These events are part of a government approach aimed at increasing service delivery to communities to help close the gap in Aboriginal living standards and equality,” Mr Hatzistergos said.
“These services also help strengthen employment opportunities for Aboriginal people and foster community partnerships.”
A wide range of government agencies and non-government organisations will also be represented at the events next week covering areas such as education and training, health, legal and financial matters, taxation, disability support, family services, and unemployment.
Attorney General opens the Offices of the NSW Trustee & Guardian in Lismore [ 26kb]
Issued: Thursday 4 March 2010
Attorney General John Hatzistergos today visited Lismore to officially open the refurbished offices of the NSW Trustee & Guardian on Zadoc Street.
“As part of the major renovations, the entire building has been repainted in keeping with the heritage style of the house and a ramp for disabled access has been added,” Mr Hatzistergos said.
“The new sealed car park will make it easier than ever for people of Lismore and surrounds to pop in to update their will, undertake estate planning, or simply ask questions about our attorney services.”
Mr Hatzistergos said the NSW Trustee & Guardian moved into the house in 1990 and began offering services including will making, executor services, powers of attorney, trusts and financial management.
The single storey building was once the Rectory of St Andrew’s Anglican Cathedral and its style encompasses both Victorian and Federation architecture.
“The heritage-listed building was built in 1893 and was in genuine need of a facelift,” Mr Hatzistergos said. “Importantly, renovations have been carried out in accordance with guidelines of the NSW Heritage Office.”
The renovations were designed by local firm Lyon Architects and Interiors and the building project managed by Bennett Industries (Constructions) Pty Ltd.
Jackie Foord, Lismore Branch Manager, NSW Trustee & Guardian welcomed the Attorney to Lismore and thanked the NSW Government for funding the renovations. Ms Foord noted the building had not gone unscathed by the severe weather on the North Coast in recent years.
“Thankfully, the building is located in a flood-free part of town but we haven’t been completely lucky with Mother Nature because, after the hailstorms in September 2007, the roof was seriously damaged and was in need of repair,” she said.
The NSW Trustee & Guardian was formed on 1 July 2009 with the merger of the NSW Public Trustee and the Office of the Protective Commissioner,
Mr Hatzistergos said the NSW Trustee & Guardian provides the full range of services including managing the financial affairs of approximately 9,000 people in NSW with a disability or mental illness. He said it also acts as executor in deceased estates, provides legal and financial services to some 27,000 clients annually and has made over 900,000 wills.
“The NSW Trustee & Guardian gives top priority to the welfare of clients with disabilities and encourages clients to live, as far as possible, a normal life in the community,” he said.
“It also works to protect the rights of people with a disability and enables people with impaired decision-making capacity to live with dignity and as much autonomy as possible.
Sydney set to share in booming market in International dispute resolution [ 57kb]
Issued: Wednesday 3 March 2010
Sydney is set to share in the booming market in commercial dispute resolution with the announcement today that the first dedicated international dispute resolution centre will be established in the CBD later this year.
Commonwealth Attorney General Robert McClelland and NSW Attorney General John Hatzistergos today unveiled plans to fit out Australia’s first dedicated international dispute resolution centre in Sydney.
“Australia is well placed to capitalise on the booming global market for cross border dispute resolution, particularly in the Asia Pacific region,” Mr McClelland said.
“We enjoy very close ties to Asia and Europe, we have stable and robust economic, political and legal environments and we boast some of the best legal practitioners in the world.”
NSW Attorney General John Hatzistergos said a prime location has been selected for the Australian International Disputes Centre with the fit out to begin this month and the centre expected to open mid-year.
“This will be a world class seat in a prime CBD location close to existing legal services that will position Sydney as the new regional hub for international dispute resolution,” he said.
The $600,000 facility will feature world class communication, audiovisual and video conferencing facilities, tribunal facilities, conference rooms and access to translation and transcription services.
The Centre, jointly funded by the Commonwealth and NSW Governments, the Australian Centre for International Commercial Arbitration (ACICA) and the Australian Commercial Disputes Centre, will strengthen capacity for corporations to resolve disputes without the need for court action.
Director of ACICA, Professor Doug Jones, estimated the direct and indirect economic benefits of the centre are “likely to run into tens of millions of dollars each year.”
“As well as the legal fees flowing to the centre and the legal services sector, there will be enormous flow-on for the professional services, hospitality, tourism and support sectors,” he said.
“The fact is that international arbitration is emerging as the preferred choice for resolving commercial disputes, particularly by Asian business.
“The explosion in arbitration is largely due to the fact that international investors want to avoid the uncertainty of litigation in a foreign court system with the associated lack of familiarity over processes.”
Mr McClelland said ongoing reforms to arbitration laws, at both a State and Federal level, will create an international best practice legal framework for arbitration in Australia.
“These reforms provide the local framework for our highly skilled and internationally experienced Australian arbitrators to resolve disputes on Australian territory, under Australian arbitration law,” he said.
“Australia will be the place to come to when businesses want their problems fixed, and fixed fast and fairly.”
MEDIA FACT SHEET – INTERNATIONAL DISPUTE RESOLUTION
What is international arbitration?
- International Arbitration is a system of dispute resolution selected by many of the world's leading international companies.
- Arbitration agreements and arbitral awards are enforceable worldwide under an international law known as the New York Convention. By inserting an arbitration clause into agreements with trading partners, parties opt to have disputes decided by private tribunals ('arbitral tribunals') rather than litigating them in national courts.
- Arbitration is particularly common in the insurance, construction and engineering, oil, gas and shipping industries and increasingly so, in banking and financial services.
What about the Australian International Disputes Centre?
- The Australian International Disputes Centre will be located at 1 Castlereagh Street, Sydney.
- The premises will include a main tribunal room, a second tribunal or conference room, six private conference rooms, an office area for support staff and main reception areas. There will be first-rate communications, audiovisual and video conferencing systems. Work on the fit out is due to start in March, 2010.
- The $600,000 in capital works will be jointly funded by the Commonwealth and NSW Governments with the Australian Centre for International Commercial Arbitration and Australian Commercial Disputes Centre.
What are the reforms to arbitration laws in Australia?
- In November 2009, the Government introduced the International Arbitration Amendment Bill to increase effectiveness, efficiency and affordability in international commercial arbitration.
- The Australian Government is also working with State and Territory Governments to draft a new model commercial arbitration Bill based on the UNCITRAL Model Law on International Commercial Arbitration.
- The reforms provide the local framework for our highly skilled and internationally experienced Australian arbitrators to resolve disputes on Australian territory.
How much is the market in international dispute resolution growing?
- In 2008 a PricewaterhouseCoopers survey, 'International Arbitration: Corporate attitudes and practices', revealed 73% of corporations prefer to use arbitration to resolve their cross-border disputes rather than transnational litigation and saw arbitration as a means to successfully preserve business relationships.
- ACICA, Australia’s only international arbitral institution, say 2009 figures reveal that the number of cases handled by major international arbitration centres have increased from between 50 to 150 percent over the past decade.
- ACICA note the reason for the rapid growth is largely due to the global financial crisis which has seen an increase of commercial disputes. ACICA note because international investors want to avoid the uncertainty of litigation in a foreign court system - excessive time and costs, the lack of familiarity with foreign court procedures, language barriers, a lack of confidentiality and a fear some countries may lack impartial judiciary - arbitration has become preferred dispute resolution mechanism.
- The Financial Review reported in October 2009 that Toby Landau, QC, one of the world’s leading arbitration lawyers, said Australia has a unique opportunity to win a large slice of lucrative international arbitration work. He said some global companies had become “increasingly disenchanted” by the arbitration models being offered by well-known seats including London and Geneva where the process had become expensive and highly regulated.
- Hong Kong and Singapore are presently the leaders in international dispute in the Asia Pacific. The Hong Kong International Arbitration Centre’s cases doubled to 602 in 2008 from 2000. In Hong Kong, the overall market for legal services accounted for about 0.7 percent of Hong Kong’s GDP in 2007, or HK$10.5 billion (US$1.3 billion), according to the Census and Statistics Department.
- The Singapore International Arbitration Centre had a 71 percent rise in cases to 99 from 2000 to 2008. In 2007, the overall legal services sector in Singapore was 0.5 percent or S$1.3 billion (US$902 million) and 0.6 percent in 2008, according to Statistics Singapore.
From today spouses to get estates when no wills are left [ 38 kb]
Issued: 1 March 2010
Spouses will automatically inherit the estates of their partners when their partners don’t leave a will, under new laws that commence today, said Attorney General John Hatzistergos.
“The changes we have made to intestacy laws have simplified the legal process involving estates when a person dies who doesn’t have a will,” said Mr Hatzistergos.
Mr Hatzistergos said previously estates of people who don’t leave wills were distributed between spouses and their children. Under the new laws, children will not be automatically included in the inheritance unless they are from a previous relationship.
The changes reflect a Law Reform Commission survey which found that 75% of people who have a will, and have a spouse and children of the relationship, left the whole estate to the spouse.
Spouses and children shared in the estate in only 2% of estates surveyed.
However, the survey found fewer than half of those who had children from previous relationships left everything in their will to their spouse. In around a third of cases they left their entire estate to their children.
The new laws make the administration of an estate much simpler in the case of a person without a will who dies leaving a spouse or partner and children of the relationship.
“When people die without leaving a will, there is the potential for emotionally charged disputes and legal action as relatives fight over the estate,” Mr Hatzistergos said.
“To defuse disputes and simplify the process of dividing an estate, it is important that intestacy laws accurately reflect community attitudes with regard to who should benefit.
“The overriding message here is - avoid any confusion and get a will.”
Mr Hatzistergos said under other key changes to intestacy laws, cousins will be recognised as eligible heirs to the estates of people who die without wills.
The entitlements of first cousins would come, in order of importance, after spouses and children; parents; siblings; grandparents; aunts and uncles.
“The new law will widen the pool of people who can inherit in NSW and recognises that some other jurisdictions in Australia include first cousins in the distribution list under intestacy laws,” said Mr Hatzistergos.
Estates of people in these circumstances would have previously gone to the Crown.
Intestacy is the default method of distributing someone’s estate; ideally people should have a valid will in place. The NSW Trustee & Guardian’s 2009 Omnibus Newspoll Survey showed that 46% of people do not have a will.
Minister praises community service of Chinese Australians [ 73kb]
Issued: Saturday 27 February 2010
NSW Minister for Citizenship John Hatzistergos today acknowledged the enormous contribution made by the Chinese Australian community to enriching the culture, economy and social fabric of NSW.
“The Chinese community in New South Wales is an incredibly vibrant and active community which continues to make a valuable contribution to society after more than 160 years,” the Minister said.
“This State is proud of its large and respected Chinese community, with Cantonese and Mandarin now the most commonly spoken languages after English in Sydney.
On behalf of the Premier Kristina Keneally at the 2010 Chinese New Year Banquet to welcome the Year of the Tiger, the Minister praised the Australian Chinese Community Association of NSW (ACCA) for more than three decades of dedicated community service.
“The Chinese were one of the earliest communities to settle in NSW in 1850s and have played a key role in the professional, philanthropic, business and cultural life of NSW.”
“It’s true to say that the Chinese community are the pioneers of multicultural Australia.”
“Members of the community have been making voluntary sacrifices since the early days of the State, and that effort has steadily built the high reputation for civic engagement, dynamism and generosity that the community enjoys today.”
“In particular, I would like to congratulate the Australian Chinese Community Association for serving the community with great dignity and dedication for more than three decades.”
Mr Hatzistergos said the work of organisations like the Australian Chinese Community Association is vital to the continued development and growth of the community.
The Australian Chinese Community Association of NSW, based in Surry Hills, was established in 1974, registered as a charitable organisation three years later, and incorporated in 1993. The Association provides a wide range of services to the Chinese Australian community including assistance with settlement services, aged services, meal services, volunteer activities, women’s services, youth services and Chinese school.
The Minister acknowledged the esteemed service of ACCA’s senior office bearers: Acting President Rong Mu Dong, Vice Presidents Simon Chan and Shirley Chan, Honourary Treasurer Raymond Cheung, and Honourary Secretary Daphne Lowe.
Mr Hatzistergos also praised the recent winners of the 2010 Premier’s Chinese Community Service Awards, presented by the Premier earlier this month, who were acknowledged for their many acts of generosity and philanthropy.
“The winners of the 2010 Premier’s Chinese Community Service Award - William Chiu, Wee Teck Teo, Anthony Pun and Mimi Zou - have devoted a great deal of time and energy over the past year to make New South Wales a better place to live,” the Minister said.
Overcharging still a cause of concern for legal consumers [ 51kb]
Issued: Friday 26 February 2010
NSW Attorney General, John Hatzistergos, today said that legal costs reform was more important than ever following a report indicating a ‘significant’ number of investigations in the past year that dealt with allegations of overcharging.
Mr Hatzistergos made his comments after tabling a report from the Office of the Legal Services Commissioner.
“Last year, as part of national legal profession reform projects, the NSW Government put forward a package of options to ensure there is greater transparency when it comes to legal fees including financial penalties for law firms who exploit and overcharge clients,” he said.
“The NSW Government will continue to push for reforms that prevent law firms from grossly overcharging their clients and provide for greater consumer protection.
“Anecdotal evidence and reports compiled by regulatory bodies such as the Legal Services Commission continue to back up the Government’s position that more must be done to curb overcharging at a national level,” he said.
In the last financial year, the Office of the Legal Services Commissioner received 2,851 complaints predominately in the areas of civil, family, succession and personal injury law.
The report clearly shows that of these complaints, claims clients have been overcharged have steadily increased from 9.1 per cent in 2006/07 to10.9 per cent in 2008/2009.
“The overwhelming majority of the legal profession act with integrity. But this report indicates that allegations against lawyers overcharging clients is a consistent problem,” he said.
“The National Legal Profession Reform Taskforce has released a paper on legal costs for consultation that largely adopts the proposals put forward by the NSW Government.”
These proposals include:
- Strengthening the existing provision that a written disclosure to a client may be in a language other than English if the client is more familiar with that language;
- Requiring law practices to provide periodic, itemised bills to clients in personal injury matters;
- Prohibiting law practices from seeking clients’ authorities to deduct legal costs from a settlement amount without having first informed the client of the settlement amount and issued the client with a bill (which must be itemised in personal injury matters);
- Providing that a bill or covering letter must be signed by a principal of a law practice (rather than a legal practitioner or other person); and
- Prohibiting law practices from charging excessive costs in a legal matter, and providing a financial penalty for breach of this provision without a reasonable excuse.
New Commissioner to carry out law reform [ 137kb]
Issued: Thursday 25 February 2010
Sydney University Law Professor, Hilary Astor, has been appointed as full-time Commissioner of the New South Wales Law Reform Commission, Attorney General John Hatzistergos announced today.
“The NSW Law Reform Commissions plays a vital role in ensuring that the laws in this state meet community standards and expectations,” he said.
“Professor Astor has dedicated her career to legal research and policy development and her appointment will contribute to the quality of law reform projects carried out by the Commission.”
Mr Hatzistergos said Professor Astor is more than familiar with the demands and work of the NSW Law Reform Commission having served as a part-time Commissioner from 2000–2006.
“During this time she displayed formidable project skills and a commitment to community consultation and engagement, contributing greatly to the quality of advice given by the Commission since its establishment in 1966,” he said.
During her career, Professor Astor served as Associate Professor of Law at the University of Sydney (1994–1997) and since 1997 has held the position of Professor of Dispute Resolution at the same university.
She also has extensive experience in teaching and research at universities in Australia and abroad including Brunel University, the University of British Columbia, the London School of Economics and Cardiff University.
Professor Astor is extensively published in the areas of dispute resolution and mediation and was the inaugural Chair of National Alternative Dispute Resolution Advisory Council (NADRAC).
Throughout her career she has worked on projects with state and federal governments, judicial officers and members of the legal profession, including the Australian Law Reform Commission.
Professor Astor today welcomed news of her three-year appointment.
“Law reform commissions give citizens a voice in law reform and the opportunity to help shape the laws that affect them,” she said.
“The NSW Law Reform Commission has a strong reputation for the high quality of its advice and I look forward very much indeed to contributing to its work."
NSW Government to set up Relationships Register [ 138 kb]
Issued: Tuesday 23 February 2010
The NSW Government today announced it will introduce legislation to create a Relationships Register making it easier for committed unmarried couples to access legal entitlements and prove they are in committed or de facto relationships.
Attorney General, John Hatzistergos, said the NSW Register will be modelled on key aspects of registers already in place in the ACT, Victoria and Tasmania.
“The register, endorsed by State Cabinet earlier this week, will ensure NSW is aligned with Commonwealth Government moves to remove discrimination against unmarried people in heterosexual and same-sex relationships,” he said.
“Under current laws, it can be very difficult for couples who are in de-facto or committed relationships to prove their relationship for the purpose of accessing government services, entitlements or records.”
“Couples who choose to register their relationship will be provided with one document that helps prove their relationship and will be spared the frustration of constantly having to supply agencies with copious amounts of paperwork.”
Mr Hatzistergos said the Relationships Register will not provide for civil unions, but will reflect the serious commitment made by couples who choose to register their relationship.
“Couples will need to be able to prove they are eligible to be included on the Register and can have the registration terminated if the relationship dissolves,” he said.
To be eligible to register a relationship on the Relationships Register:
- Couples must be in a committed, exclusive relationship;
- Couples must not be married or in another relationship that is registered or registrable;
- Couples must be 18 years of age or older; and
- One person must be a resident of NSW.
Mr Hatzistergos said that in establishing the Relationships Register the Government will also be amending legislation allowing registered relationships to be considered on par with de facto relationships under NSW law.
“The establishment of the Relationships Register will contribute to the goal of a unified system of registration across Australia and simplify processes for unmarried couples.
“The NSW Government is also working to ensure there is reciprocal recognition of relationships registered in NSW with other jurisdictions that have registers in place."
The Register will be managed by the NSW Registry of Births Deaths & Marriages.
Background notes
The register’s features will be modelled on aspects of existing registers in Tasmania, Victoria and the ACT however, to reflect Commonwealth Government suggestions, the NSW register will not extend to ‘caring’ relationships unlike the registers in Victoria and Tasmania.
The Government will draft legislation to amend the Births, Deaths and Marriages Registration Act 1995, the Property (Relationships) Act 1984 and other legislation to implement the register. Regulations dealing with timeframes, fees, forms, certificates and other administrative issues will also be needed.
The relationship register and expanded definition of de facto relationship will ensure NSW is aligned with the Rudd Government’s removal of discrimination against people in same-sex relationships in Commonwealth laws relating to workers compensation, veterans’ affairs, educational assistance and superannuation.
Free legal helpline fields one million calls [ 42kb]
Issued: Friday 12 February 2010
The NSW Government’s free legal information service, LawAccess NSW, has reached a record milestone answering one million calls since it began operating in 2001, NSW Attorney General John Hatzistergos announced today.
“The number of calls fielded by LawAccess helpline hit one million last year with the free service responding to a record 191,616 calls in 2009,” Mr Hatzistergos said.
“The most common enquiries related to family law child arrangements, debt, domestic violence, neighbourhood disputes, wills and divorce.”
Mr Hatzistergos said the information service provides legal information, advice and referrals for people who have a legal problem.
“LawAccess is available to every person in NSW and is particularly focussed on helping those in rural and isolated areas, indigenous people, people with disabilities and those from culturally and linguistically diverse backgrounds,” he said.
“In the past year, LawAccess officers have visited dozens of rural and remote areas to raise awareness of the free legal assistance available.
"In 2009, nearly 38 per cent of callers to LawAccess were from regional and rural NSW."
Mr Hatzistergos said LawAccess lawyers had conducted just over 100,000 legal advice sessions since the service began in 2001.
“The overwhelming majority of users surveyed last year, about 94 per cent, said they were highly satisfied with the service,” the Attorney General said.
People from culturally and linguistically diverse communities can contact the LawAccess telephone interpreter service on 131 450. Calls from multicultural community members increased by 34 per cent in 2009.
LawAccess is a partnership between the Department of Justice and Attorney General, Legal Aid NSW, the Law Society of NSW and the NSW Bar Association.
The service is accessible by telephone on 1300 888 529 or online at www.lawaccess.nsw.gov.au.
New judge of the Land and Environment Court [ 25kb]
Issued: Wednesday 10 February 2010
NSW Attorney General John Hatzistergos today announced the appointment of Malcolm Craig, QC, as a judge of the Land and Environment Court of NSW.
“Mr Craig is among the state’s most experienced and respected practitioners of environmental law,” Mr Hatzistergos said.
Mr Craig became a barrister in 1977 and for almost 30 years has been specialising in matters involving local government, planning and the environment.
He was appointed Queen’s Counsel in 1989 and served as a part-time Commissioner of the NSW Law Reform Commission from 1991 to 1995.
Mr Craig appeared before the inquest into the Thredbo landslide and in related litigation in the Supreme Court.
From 2004 to 2007, he served as President of the Environment & Planning Law Association of NSW.
Mr Craig will be sworn in as a judge of the Land and Environment Court on March 2.
“I congratulate Mr Craig on his appointment and look forward to his contribution to the court,” Mr Hatzistergos said.
Win for asbestos victims in CSR case [ 38kb]
Issued: Wednesday 3 February 2010
NSW Attorney General John Hatzistergos said the Federal Court’s decision to reject CSR’s application to de-merge was a win for asbestos victims.
“The NSW Government was seeking to protect asbestos victims by intervening in CSR’s application to de-merge its businesses,” Mr Hatzistergos said.
“The court’s decision today is a win for asbestos victims.”
The NSW Government had argued that the Court should dismiss CSR’s application unless clearly satisfied that the asbestos claimants would be no worse off after the de-merger than before.
The NSW Government submission stated:
“So the question is: should the risks be borne by the businesses that currently comprise the CSR group and, thus, indirectly by the CSR shareholders, or should the risks be borne by the current and future asbestos claimants? Our submission is the risks shouldn’t be borne by the current and future asbestos claimants …”
The Federal Court dismissed CSR’s application finding that the Scheme was inconsistent with public policy and commercial morality. In addition, CSR had not provided adequate disclosures with regard to its proposal.
The NSW Government intervened in these proceedings to protect the interests of current and future asbestos claimants.
The Government had proposed that the proposed sugar arm of the company indemnify the building arm and has no desire to second guess or hinder commercial proposals. However CSR rejected the proposal.
The Government will continue to have a strong interest in ensuring justice for victims of asbestos-related diseases.
Graffiti Action Day: Reclaim Our Streets [ 106kb]
Issued: Sunday 7 February 2010
NSW residents can take a stand against graffiti vandalism by taking part in the state’s first Graffiti Action Day to be held on Sunday, 2 May 2010, NSW Attorney General John Hatzistergos announced today.
The NSW Government has teamed up with Keep Australia Beautiful NSW to stage Australia’s first Graffiti Action Day, which will see volunteers from all over the state contributing to clean ups in their local communities.
“We are sending a clear message to graffiti vandals that law abiding residents of NSW will not tolerate their criminal behaviour,” Mr Hatzistergos said.
“Graffiti Action Day will put the power back in the hands of the community.
“This is about reclaiming our streets, our laneways and our public spaces that have too often become ugly no-go zones that people try to avoid due to fear or perception of crime.
“Everyone can lend a hand, including councils, schools, community groups, individuals and businesses.”
Keep Australia Beautiful NSW and councils will identify key graffiti clean-up sites and volunteers will be assigned to a site closest to them.
“Graffiti Action Day will bring people together and help build community pride and cohesion and ultimately make neighbourhoods safer,” Keep Australia Beautiful NSW CEO Peter McLean said.
Mr McLean said all volunteers will fully briefed in techniques for safe and effective graffiti removal and provided with personal protection equipment and refreshments.
Graffiti will be removed using a number of methods including:
- Cleaning off with green cleaning products, brushes and water
- Painting over graffiti for stubborn surfaces which may be difficult to clean
- High pressure water blasters provided by council mobile graffiti removal vehicles
To volunteer or nominate a site for Graffiti Action Day email graffitiactionday@kabnsw.org.au or visit www.kabnsw.org.au for more information.
Graffiti Action Day is part of the NSW Government’s action to crackdown on graffiti.
- Penalties for graffiti vandalism doubled to 12 months in prison
- It is now illegal for juveniles to carry spray cans unless for education, employment or legal art
- More graffiti vandals to be ordered by courts to clean up under further changes to law that will take effect from April this year
- $1 million in grants from the NSW Government each year for anti-graffiti design at hotspots
- Planners of all new state government buildings will soon be required to take graffiti prevention measures into consideration
“Graffiti costs the NSW economy millions of dollars each year and the NSW Government is determined to make it harder for vandals to commit this senseless crime,” Mr Hatzistergos said.
Chief Justice and Attorney General open the new law year with new DPP offices [ 29kb]
Issued: Friday 5 February 2010
The new head office premises of the Office of the Director of Public Prosecutions (ODPP) were officially opened today in a ceremony addressed by NSW Attorney General, John Hatzistergos MLC, NSW Supreme Court Chief Justice, James Spigelman AC, Sydney University Law Professor and UN disability official, Ron McCallum AO, and the NSW Director of Public Prosecutions, Nicholas Cowdery AM QC.
The ODPP’s relocation is part a $13.2 million State Government initiative aimed to enhance the administration of justice.
“The ODPP performs a vital role in the administration of criminal justice and is central to the delivery of legal services across this state,” Mr Hatzistergos said.
“The new premises will improve the functionality of the ODPP by amalgamating the three locations that were scattered across the CBD in Castlereagh, Pitt and Elizabeth Streets into one head office site.”
“Bringing staff together under one roof will enable the integration of the ODPP’s Crown Prosecutors with solicitors and Witness Assistance Service (WAS) officers and help make the Office run more effectively and efficiently.”
DPP Nicholas Cowdery acknowledged that staff have been given a significant boost by the new environment.
“The nearly 400 lawyers, Crown Prosecutors, WAS officers and administrative staff who make up our Sydney office work incredibly hard in prosecuting serious crime of behalf of the state.
“It makes a difference to officers’ wellbeing and efficiency to be able to work in modern offices and to be able to consult with one another with relative ease. That means better prosecutions."
The new premises feature an in-house, state of the art training facility dedicated to the late ODPP solicitor and disability activist, Matt Laffan. The DPP noted that staff and management all agreed enthusiastically to name the new centre after Matt.
“Matt was a great lawyer and a much respected and loved member of the ODPP prosecution team. He would be delighted to be associated with an open, accessible space dedicated to the education and professional improvement of staff,” Mr Cowdery said.
The Attorney General also paid tribute to Matt.
“Mr Laffan was an extraordinary human being who touched the lives of many in the community and in the legal profession,” Mr Hatzistergos said.
Sydney University Professor, Ron McCallum agreed.
“As a lawyer with a disability, I can say that Matt Laffan was an inspiration to all people who suffer from a disability.
“He simply moved frontiers in this profession. He was a trail blazer,” Professor McCallum said.
Citizenship Minister urges community groups to lodge applications [ 44kb]
Issued: Wednesday 3 February 2010
NSW Minister for Citizenship, John Hatzistergos has today reminded community organisations across the State to lodge their applications for the 2009/10 Community Development Grants Program’s sponsorship category.
Mr Hatzistergos said the Community Grants Program provides $1 million in funding assistance to community organisations across NSW and is designed to enhance community engagement by supporting projects that address issues of cultural diversity.
“Promoting understanding and awareness of diverse cultures through workshops, exhibitions, festivals and support services will help us build stronger communities,” Mr Hatzistergos said.
“These grants will help facilitate projects that encourage cultural diversity and provide networking opportunities and services for people from culturally and linguistically diverse backgrounds,” he said.
Mr Hatzistergos said there are two other categories of funding under the 2009/10 Community Development Grants Program including General grants and Local Partnership grants.
Mr Hatzistergos said Sponsorship grants are available for special events such as annual festivals and major cultural events that will be held from 5 April 2010. Grants of up to $5,000 will be awarded to not-for-profit incorporated organisations.
“In 2009 the NSW Government, through the Community Relations Commission completed a review of the Program and initiated changes so that grants more effectively meet the changing needs of communities across the state,” he said.
Mr Hatzistergos said the enhanced Program better reflects shifting demographics and takes into account:
- newly-arrived and emerging communities or small ethnic communities
- communities that are geographically or socially isolated
- the promotion of community harmony and mutual understanding between and within communities of different cultural and religious backgrounds
- the development of community networks and structures, and
- projects addressing critical issues relating to cultural diversity at a local level.
“The Sponsorship grants program opens in April, August and December each year and the deadline for this quarter will close this Friday 5 February so it’s important that applications are lodged before then.”
For more information and to obtain an application form, please visit www.crc.nsw.gov.au/grants or contact the Community Relations Commission on 02 8255 6779.
NSW Government broadens jury pool [ 60kb]
Issued: Friday 15 January 2010
Attorney General John Hatzistergos today announced changes to the Jury Act that will broaden the jury pool and make jury service easier for working people.
Mr Hatzistergos said the NSW Government will change the law, in response to recommendations made by the NSW Law Reform Commission, to expand the pool of people eligible to serve on juries, strengthen workplace protections for employees who serve and overhaul the payment system.
“We are reducing the number of exemption categories to broaden the jury pool and ensure jury panels represent the widest possible cross-section of the community,” the Attorney General said.
“As part of the proposed changes, most lawyers would be eligible for jury duty except those in the public criminal justice system.
“People working in law enforcement agencies in clerical, administrative or support roles would also become eligible.”
Exemptions will remain for police officers, medical and emergency services workers.
Mr Hatzistergos said people who were previously deemed ineligible would have the opportunity to perform this important civic duty.
“It is important to recognise that there are many people who were automatically exempted who are both willing and able to serve on a jury,” he said.
“For example, some people aged over 70 may wish to serve as a juror on shorter trials.
“These changes recognise that older people have a valuable contribution to make.
“For people who are genuinely unable to perform jury service, the Government is developing clear guidelines for exemptions.”
Mr Hatzistergos said the NSW Government will also strengthen protections for employees.
“Corporations who sack or unfairly discriminate against employees could be fined up to $22,000, while individual employers will face fines of up to $5,500,” he said.
“New laws will also prevent employers forcing employees to take leave, or to work outside court sitting times, while serving on a jury.”
Mr Hatzistergos said changes to the jury allowance system will make it easier for employed jurors to serve on longer trials.
“Under the national industrial relations system introduced this year, most workers in NSW will have to be paid by their employers for the first ten days of jury service.
“After ten days, the daily allowance will be boosted from $100 to $225 for jurors who are employed."
Final proposals for new child porn laws released [ 52kb]
Issued: Sunday 10 January 2010
NSW Attorney General, John Hatzistergos, today released recommendations by the NSW Child Pornography Working Party to scrap the defence of “artistic merit” in the use of child pornography images. Access report >>
Mr Hatzistergos set up the Working Party, which included representatives from Police, the DPP and Legal Aid, to examine how State laws can draw a clear line between pornography and art.
The report recommends that State laws be amended to ensure that if material is found to be child pornography, the fact that it is art cannot be used as a defence. The laws would cover the production, distribution, or possessing of child pornography.
"The Working Party’s report suggests that once such material has been found to be unlawfully pornographic, whether or not it is intended to be art is irrelevant,” Mr Hatzistergos said.
‘Instead, the report recommends adopting Commonwealth provisions which require that once a court has considered arguments that certain material is art and reached a determination that it is nevertheless unlawfully pornographic, no further defence of artistic merit is available.”
A final decision on these recommendations will not be made by Cabinet until the state Government receives responses from victims groups, the artistic community and the media.
“In order to get the balance right, we established a Working Party headed by District Court Judge, Peter Berman, to make sure these proposals don’t infringe on the rights of journalists and artists to depict valid situations involving children."
Today’s recommendations follow a doubling of maximum penalties for the possession of child pornography – from 5 years to 10 years imprisonment.
Mr Hatzistergos said the Working Party also recommended new laws to make it easier for Police to investigate child pornography and for juries and court staff to participate in trials for these offences.
“Viewing evidence in child pornography cases can be very distressing and traumatising, especially for ordinary members of the public who sit on juries,” he said.
“The Working Party has recommended changing the law so that in the trial process, Police, prosecutors, juries and court staff are only able to view a sample of images found.
“To make it easier for NSW Police to investigate and prosecute instances where images are disseminated via the Internet, the Working Party has also recommended amending NSW laws to bring them into line with Commonwealth provisions,” he said.
Vulnerable witnesses spared facing their offender [ 182 kb]
Issued: Friday 8 January 2010
Victims of sexual assault and children are being spared the trauma of having to testify in front of alleged perpetrators following NSW Government moves that now provide all courtrooms across the state with access to cutting-edge video conferencing technology.
NSW Attorney General, John Hatzistergos today said the completion of the $12.3 million, three-year Government initiative means court access to CCTV technology and remote witness facilities should lead to more vulnerable witnesses being able to testify from a private location.
“Victims of crime, particularly those who have experienced sexual assault have suffered enough and require all the support that can be given to help them through the trial process,” Mr Hatzistergos said.
“This technology enables vulnerable witnesses to be physically isolated from other participants in the courtroom and still participate fully in the proceedings without fear of facing their offender.
“A CCTV system links the room where the victim is giving evidence to screens in the courtroom as well as to audiovisual equipment that allows the victim to view tapes and other material being presented to the court.”
“Remote Witness Closed Circuit Television rooms are connected to 156 courtrooms, including all District Court rooms, where sexual assault matters are heard.
“Portable Remote Witness kits can be utilised when necessary by other courts,” he said.
Mr Hatzistergos said the Government has also rolled-out 227 video conferencing suites to corrective services, juvenile justice centres, courts and Legal Aid facilities improving court access to prisoners and other trial participants particularly from remote and rural areas.
“The use of technology for prisoner appearances via video link for matters such as bail applications has proved to be particularly beneficial and has increased by 35 per cent in the past financial year,” he said.
“The increased use of video link reduces the need to transport prisoners to court, minimising the risk of escapes and is saving taxpayers an estimated $6.45 million a year.”
“Expert witnesses such as doctors are also able to use video conferencing facilities to provide testimony, minimising disruption to their schedules and the need to travel long distances.”
The increased use of audio-visual technology in NSW courts is part of the NSW Government’s wider reforms to improve the treatment of vulnerable witnesses in the court process.
New laws roll out for 2010 [ 39kb]
Issued Date: Friday 1 January 2010
A raft of new laws and initiatives will come into effect across the state today as part of the NSW Government’s ongoing commitment to delivering on key legislative reform.
NSW Attorney General John Hatzistergos said the new laws will make improvements to public health, education, employment and community safety.
“Our laws must keep pace with community needs and expectations”, Mr Hatzistergos said.
“In 2009, the Government oversaw the passage of more than a hundred different pieces of legislation through Parliament, many of which will come into effect on New Year’s Day.”
“From increasing the minimum school leaving age to giving people greater access to information about their adoption, these reforms will enhance the quality of services for people in this state.”
“We are also making further improvements to public health, with new laws to deter young people from taking up smoking and creating initiatives such as the solar bonus scheme, making NSW a national leader in the clean energy revolution.”
Mr Hatzistergos said other new legislation would contribute to state economic growth, investment and job creation.
“We have new laws coming into effect which will benefit local rural industries and we’re commencing new national industrial relations laws, with a fair and balanced approach to regulating pay and working conditions.”
Mr Hatzistergos said other new laws would further strengthen the justice system.
“This year we have delivered a strong law and order package, including reforms giving families a greater say in the conduct of coronial investigations,” he said.
“Under our brand new Coroner’s Act, there will be an onus on medical examiners to respect the dignity of deceased persons and families will have greater rights to object to certain investigative procedures.”
Mr Hatzistergos said that in 2010, the Keneally Government would continue to deliver on important legislative reform.
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