Lawlink News Archive 2010
September
New system to help relatives caring for childrens [ 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 is available 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]
Issued 2 September 2010
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.”
August
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.
Burwood Courthouse to undergo $300,000 revamp [ 25kb]
Issued: 11 August 2010
Attorney General John Hatzistergos and Member for Strathfield Virginia Judge today announced that Burwood Court House will undergo a $300,000 facelift – the largest upgrade to the building in more than five years.
“This project is about ensuring Burwood Court House, one of the busiest suburban courts in Sydney, offers modern and accessible facilities for the public and court staff,” Mr Hatzistergos said.
Member for Strathfield Virginia Judge said the focus of the upgrade will be a new client-friendly court registry.
“Walking into a courthouse can be quite a daunting experience so it’s important that people can easily access legal information and obtain assistance,” Ms Judge said.
“The new registry will make services simpler, faster and easier to access.
“It 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.”
Ms Judge 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.
“New meeting spaces and work stations for registry staff will assist in further improving client service”.
Work on the new registry is due to commence in December this year.
The Keneally Government announced $57.1 million in major court upgrades for Sydney and regional areas in the 2010-11 Budget.
Neighbourhood dispute resolutions to become legally binding [ 26kb]
Issued: 10 August 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.
“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.”
Mr Hatzistergos said the Government will introduce amendments 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 the appeal of the service, particularly to parties who are seeking a legally enforceable resolution but do not want to go to court,” the Attorney General said.
Figures released by the Department of Justice and Attorney General today show thefree 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 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 here in Parramatta and around NSW,” Mr Hatzistergos said.
Under further amendments, CJCs will require its mediators to be nationally accredited from 1 January 2011.
“The reforms will pave the way for CJC mediators to provide not only high quality mediations, but also a range of other conflict management services, depending on the nature of the dispute,” Mr Hatzistergos said.
The need for the amendments was identified by the ADR Directorate, which has been established in the Department of Justice and Attorney General to develop and coordinate ADR policy and growth in NSW.
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
July
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.
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;
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
June
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 - Sydney Morning Herald
Published: 21 June 2010 in 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.
BOCSAR releases new report
Issued: 3 June 2010
The Bureau of Crime Statistics and Research have today released the following report:
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.”
May
Invitation to Judicial Officers and Members of Tribunals to the International Conference of the Australasian Conference of Planning and Environmental Courts and Tribunals (ACPECT) 2010, Sydney, 31 August – 4 September 2010
Issued: Wednesday 26 May 2010
We are pleased to invite registrations from judicial officers and members of tribunals for the abovementioned international conference of courts and tribunals dealing with environmental matters, which the Land and Environment Court of NSW and the Judicial Commission of NSW are co-hosting between 31 August and 4 September 2010 in Sydney. Eleven countries are expected to be represented at the conference.
Conference program [ 153kb] >>
Registration brochure [ 101kb] >>
The program is virtually finalised, except for the speakers from the Supreme Court of Thailand (where there has been some unrest which has caused delay).
You will see that we have been fortunate in securing excellent speakers from Australia and abroad on a range of highly topical subjects.
The courts and tribunals represented at the conference will be not only the traditional environmental courts and tribunals in Australia and New Zealand, but also superior courts which deal with environmental matters. For example, superior courts from Thailand, the Philippines, Indonesia and India will be represented at the conference. This indicates the development and spread of environmental law to all courts and not just the specialist ones.
Justice Peter Biscoe
Chair, 2010 ACPECT Conference, Sydney
Land and Environment Court of New South Wales
Must-see trial for Wollongong Law Week [ 24 kb]
Issued: Thursday 13 May 2010
Members of the local legal profession will be demonstrating their flair for drama when an unusual reckless driving charge comes before Wollongong Court next week.
“The case puts a certain Fairy Godmother in the dock for allegedly injuring one of the Ugly Sisters when driving a pumpkin coach,” explained Senior Registrar at Wollongong Court, Kathy Frost.
“‘Cinderella’ is a mock trial scripted and acted out by local barristers and solicitors and has become a Law Week tradition,” Ms Frost said.
“As a fun, fictional demonstration of court procedures and how the law operates, it is a must-see for school students and the public generally.”
Information sessions on the law will also be held for Illawarra High School students.
The activities are in keeping with the theme for this year’s Law Week (17-22 May), Law and Justice in Your Community.
The official opening at Wollongong Court on Monday, 17 May will be attended by:
- District Court Judge Helen Murrell,
- Magistrate Michael Stoddart,
- Leader of the Wollongong Bar, Stuart Hill,
- Wollongong Law Society President Michael McGrath and
- Assistant Director General of the NSW Department of Justice and Attorney General Michael Talbot.
Cinderella will be performed at Wollongong Court on Monday, 17 May from 11:30am to 1:30pm.
A matinee performance will be held on Thursday, 20 May from 5.30pm to 7.30pm.
NSW Privacy moves to Sydney CBD
Issued: Friday 7 May 2010
As part of the Government's reforms to access and handling of government information, both Privacy NSW and the new Office of the Information Commissioner are to be collocated in the Sydney CBD.
Privacy NSW’ new office will be on Level 11 of 1 Castlereagh Street, Sydney NSW.
Postal mail can be sent to either:
Privacy NSW
Level 11, 1 Castlereagh Street
Sydney NSW 2000
or
Privacy NSW
GPO Box 7011
Sydney NSW 2001
A new telephone and fax number will be available and operational by 15 May 2010. In the meantime, NSW Privacy can be contacted by telephone: (02) 8688 8585, email: privacy_nsw@agd.nsw.gov.au, or fax: (02) 8688 9660.
The Privacy NSW website can be found at www.lawlink.nsw.gov.au/privacynsw.
New qualified witness requirements
Issued: Thursday 6 May 2010
Effective 1 June 2010, the Registry of Births Deaths and Marriages will introduce new requirements for certification by a “Qualified Witness” on all its application forms.
This includes the requirement for all photocopies of identification to be certified by a Qualified Witness as “true and correct copies”.
A Qualified Witness can be: a Justice of the Peace; Notary Public; Legal Practitioner (holding a current Practising Certificate); and/or a person authorised to administer an Oath under Section 26 of the Oaths Act 1900.
More information about “Your Right to Privacy” has also been introduced on all forms.
All forms required for such things as the registration of births, deaths and marriages and official changes of name and sex can be found on the NSW Registry of Births Deaths & Marriages website >>
April
BOCSAR releases 2009 recorded crime stats
Issued: Monday 19 April 2010
The Bureau of Crime Statistics and Research has today released its NSW Recorded Crime Statistics 2009 report.
View media release >>
View report >>
View Bureau Brief: An update of long-term trends in property and violent crime in New South Wales: 1990-2009 >>
Council of Australian Governments (COAG) national legal profession reform
Issued: Wednesday 14 April 2010
The regulation of the legal profession in Australia is governed by State and Territory law. Although all States and Territories apart from South Australia have introduced harmonised legislation, differences between jurisdictions remain in a range of areas.
On 5 February 2009, the Council of Australian Governments (COAG) agreed that further work needed to be done to a nationally consistent regulatory regime for the legal profession in Australia. At COAG’s request, the Commonwealth Attorney-General, the Hon Robert McClelland MP, established a Taskforce whose mandate was to prepare and deliver legislation to uniformly regulate the legal profession across Australia by 30 April 2010. Mr Laurie Glanfield AM, the Director General of the Department of Justice and Attorney General, is a member of the Taskforce.
The Taskforce has prepared a package of reform proposals, including a draft National Law and draft National Rules (which would be binding rules sitting under the legislation). The package has been submitted to COAG for its meeting in April 2010. The Taskforce then intends to commence broad consultation on the proposals in May 2010, before reporting back to COAG later in the year with the final National Law and National Rules.
Throughout this process, the Taskforce is seeking input from affected and interested parties, to ensure that the model developed reflects the best outcome for both the legal profession and consumers of legal services.
More information including how to make a submission can be found on the Council of Australian Governments (COAG) National Legal Profession Reform website >>
March
NSW LAW REFORM COMMISSION MEDIA RELEASE
Review of mental health in the criminal justice system [ 152kb]
Issued: Monday 29 March 2010
The NSW Law Reform Commission has released four consultation papers on the law, practice and policy applying to people with mental health and cognitive impairments who are caught up in the criminal justice system.
The Law Reform Commission is examining whether the law in this area is fair and up to date with scientific and medical knowledge.
The term “mental health and cognitive impairment” is broad and includes people with a psychiatric or mental illness, brain injuries, dementia, and intellectual disability.
The four consultation papers cover:
- an overview of the issues raised by the reference;
- criminal responsibility and consequences;
- diversion; and
- forensic samples.
The four papers ask over 160 questions about this complex and important area, covering issues such as:
- How should people with mental health and cognitive impairments be treated if they do not have sufficient understanding to be tried?
- In what circumstances should people with a mental health or cognitive impairment have a defence to a crime?
- What should happen to people found not guilty by reason of a mental health or cognitive impairment?
- When should people with mental health or cognitive impairments be diverted from the criminal justice system and how can that process be made more effective?
A fifth paper is planned covering issues specific to young people with mental health or cognitive impairments.
The Commission is encouraging interested organisations, groups and individuals to make submissions on the issue of mental health in the criminal justice system. Following on from the release of these papers the Commission intends to undertake direct consultation with experts and the community. The deadline for submissions is 28 May 2010.
The papers are available on the Commission’s website at www.lawlink.nsw.gov.au/lrc.
The NSW Law Reform Commission has been proposing changes to the state’s law since 1966 as the first permanent law reform agency established in Australia. The Chairperson is James Wood QC AO, and the lead Commissioner on this reference is Professor Hilary Astor.
Lights off at court for Earth Hour
Issued: Monday 29 March 2010
All the State’s courthouses as well as Department of Justice and Attorney General offices were in the dark over the weekend as part of Earth Hour.
Lights not required for security or safety were switched off to mark Earth Hour, held at 8:30pm on Saturday, just one of the environmental activities supported by the Department.
The Department of Justice and Attorney General also reduced its greenhouse gas emissions from transport energy by 22.07 per cent last financial year, the equivalent of 502 tonnes of carbon dioxide emissions in greenhouse gases.
The Department’s achievement passes the target of a 20 per cent reduction set for the Government fleet by the NSW Department of Environment, Climate Change and Water.
The Sheriff of NSW also recently took delivery of the first Australian-made hybrid car for the NSW Government fleet.
Use of E10 unleaded fuel by the Sheriff’s Office has increased to 27.62 per cent, smashing the target for the Department of 25 per cent by June 2011 in record time.
Benefits produced by the Department’s environmental measures include a decrease in 2008-09 in:
- building energy use by 2.27% (3,841 gigajoules)
- potable water consumption by 10.96% (17,053 kilolitres)
compared with the previous year.
A ‘green grants’ program, now in its third year, provides funding to staff for such projects as water-saving measures, solar panels and native gardens at local courthouses.
The Department also has more than 30 volunteer ‘greenkeepers’ among its workforce who can introduce ideas for and encourage staff to make environmental savings in the workplace.
To mark Earth Hour, the lights were switched off at nearly 100 iconic landmarks around the world, including the Sydney Opera House, the Harbour Bridge, Sydney Tower and Luna Park.
Cancellation of Recognised Details Certificate – Norrie May Welby [ 26 kb]
Issued: Thursday 18 March 2010
The Registry of Births, Deaths & Marriages cancelled Norrie’s recognised details certificate after receiving legal advice that it was invalid. The Registrar has advised Norrie of the decision. At no time did the Registrar state or imply that the Attorney General or anyone else had "pressured" him to cancel the certificate.
Greg Curry, Registrar - NSW Registry of Births Deaths & Marriages
February
Classic Coronial Law text launches- again [ 55kb]
Issued: Wednesday 3 March 2010
The NSW Crown Solicitor's Office (CSO) had a big part to play in updating the authoritative text on Coronial Law – Waller's Coronial Law and Practice in New South Wales – Fourth Edition.
The careers of two of the four authors were nurtured by the CSO.
Belinda Baker is a current Solicitor Advocate with the CSO and Helen Roberts was a former CSO Solicitor Advocate and is currently Trial Advocate with the Office of the Director of Public Prosecutions (NSW).
They collaborated with John Abernethy, former NSW State Coroner and Magistrate Hugh Dillon, Deputy State Coroner NSW, to complete the classic text.
The four authors, with their combined impressive professional and legal experience in Coronial Law, joined colleagues to celebrate the book's launch last night by NSW Attorney General, The Hon. John Hatzistergos, MLC.
The Crown Solicitor, Ian Knight, paid homage to the tenacity of the authors, the quality of their work and the legacy they inherited from Waller's original text.
Mr Knight said, "Waller's addresses the great questions of life and death. The authors have produced an important text that carries on the tradition of this unique publication".
Waller's has long been recognised as the authoritative text on Coronial Law and Practice in NSW and has been substantially re-written to incorporate the Coroners Act 2009, which commenced on 1 January 2010.
Adopting the structure of the original editions, the authors combine in-depth general analysis of the history, law, principles and practice in the coronial jurisdiction, with a rigorous and comprehensive commentary on the provisions of the new Act
Published by the prestigious legal press, LexisNexis Australia, the book is an essential resource for the judiciary and practitioners.
Mt Druitt woman selected for summit in Canberra
Issued: Thursday 25 February 2010
Member for Mt Druitt Richard Amery today congratulated Mt Druitt’s Kristy Kendrigan on being chosen to participate in a national summit of Indigenous women at Parliament House in Canberra.
Ms Kendrigan, who works for the NSW Department of Justice & Attorney General, will be among 50 Aboriginal and Torres Strait Islander women attending the Oxfam Straight Talk Summit on March 7-10.
“The summit will discuss ways of improving the lives of Indigenous people, which is something Ms Kendrigan has worked hard to achieve in Mt Druitt as coordinator of the local Aboriginal Community Justice Group,” Mr Amery said.
Summit participants will learn about Australia’s political system, identify common issues of concern and develop strategies for change, which they will discuss with women from all sides of politics.
“Whether they have come from remote communities or urban areas, Aboriginal and Torres Strait Islander women will have direct access to decision-makers, while female parliamentarians will gain a deeper understanding of the issues facing communities,” said Oxfam Australia spokeswoman Sabina Curatolo.
Approximately 300 women applied to take part in the summit. Participants were selected on the basis of their leadership skills and commitment to bringing about positive change for Aboriginal and Torres Strait Islander people.
Ms Kendrigan said she was honoured to be representing Mt Druitt at the summit.
“I am looking forward to telling the summit about the important work being done at Mt Druitt, through the Aboriginal Community Justice Group, to address local crime issues and build more cooperative relationships with police, the courts and other justice agencies,” Ms Kendrigan said.
“Mt Druitt’s Circle Sentencing program is an example of how Aboriginal Elders can work with the justice system to help Aboriginal offenders take responsibility for their actions and turn their lives around for the better.”
Ms Kendrigan said the summit would also be a great opportunity to gain an insight into Australia’s political system and learn from the experiences of other Aboriginal and Torres Strait Islander women.
Following the event, Oxfam Australia will help participants to maintain their relationships with parliamentarians and each other.
People with disabilities asked to provide opinion
Issued: Friday 19 February 2010
The Department of Justice and Attorney General has engaged Taverner Research to undertake a client satisfaction survey of its clients with disabilities. If you have a disability and have been in contact with any of the services listed below in the last 12 months we would like to invite you to participate in our survey:
- Anti Discrimination Board
- Administrative Decisions Tribunal
- Law Access
- Local Court
- NSW Trustee and Guardian (clients of the former Office of the Protective Commissioner)
- Registry of Births Deaths & Marriages
- Victims Services.
What you tell Taverner Research will help the Department to improve these services for people with disabilities.
The study will be conducted in February and March 2010.
Taverner Research will need about one hour of your time and will organise a location close to your home to make it easy for you to get to the interview. You are welcome to bring an advocate to the interview. The study is confidential so Taverner Research will not tell anyone that you have participated in the study.
If you would like to take part or would like to know more about the study, please call Richard at Taverner Research on 1800 212 290 or contact Taverner Research by email dsurvey@taverner.com.au.
The Department looks forward to the results of the survey and to improving our services for our clients with disabilities.
Valentines Day, the most lovable day of the year [ 25kb]
Issued: Tuesday 9 February 2010
For over 150 years couples have been getting married at the NSW Registry of Births Deaths & Marriages, and this Valentine’s Day will be another full house.
On 14 February, the Registry will perform 68 marriage ceremonies for couples. The first ceremony will start at 9:00am with the last ceremony in the evening at 7.30pm.
With the cost of getting married continually rising, the Registry remains an affordable option. “We are a one stop shop. We provide all the ceremony planning, the venue, marriage officer and even the vows”, said Greg Curry, Registrar, NSW Registry of Births Deaths & Marriages.
The Registry is the largest single provider of civil marriages in NSW. In 2009, the Registry performed over 4,500 marriage ceremonies.
“Registry marriages are increasingly popular among couples. This is because we offer an elegant and inexpensive way to celebrate this important event”, continued Mr Curry.
The Registry conducts marriages Monday to Friday across their four locations at Chippendale, Parramatta, Newcastle and Wollongong. The Sydney and Parramatta Registry offices also conduct marriages on weekends. Registry office marriages start from $330.
To find out more about getting married at the Registry, call 1300 655 236 or visit www.bdm.nsw.gov.au
January
Portrait of Macquarie restored for Bicentenary [ 22kb]
Issued: Monday 1 February 2010
An iconic portrait of Governor Lachlan Macquarie at Windsor Courthouse has been restored in time for this year’s bicentenary celebrations of his appointment to the NSW colony.
“People come to Windsor Courthouse just to see this painting which was said during Macquarie’s lifetime to be a true likeness,” said the Court Registrar, Kevin Lamond.
NSW Department of Justice and Attorney General, which administers the state’s courts, has granted permission for images of the portrait to be used in promotions for the Macquarie 2010 Bicentenary.
The painting was commissioned by residents of the Hawkesbury for seven guineas on the departure of Governor Macquarie from the NSW colony in 1822 as a sign of appreciation for his achievements.
The National Portrait Gallery in Edinburgh identified the work as most likely having been executed by Scottish artist, Colvin Smith, who also painted Scottish novelist and poet Sir Walter Scott.
This most recent restoration work involved the removal of six additional layers of paint on the frame, revealing its ornate features.
The glass panel within the frame has also been removed to protect the oil painting from gathering mould.
This portrait of Governor Macquarie has hung in the courtroom of Windsor Courthouse, the oldest purpose-built courthouse in Australia, since the 1820s.
The Courthouse was designed by Francis Greenway, the convict appointed as civil architect and assistant engineer in 1816 by Governor Macquarie, who later granted him conditional emancipation.
It was built by William Cox in 1822.
The portrait will be the centerpiece of a Hawkesbury Regional Gallery exhibition entitled ‘Exploring the identity, achievement and legacy of Governor Lachlan Macquarie’ later this year.
Governor Macquarie was the first governor to give official recognition to Australia Day in 1818 decreeing a public holiday for government workers.
More information about the Macquarie 2010 Bicentenary can be found at www.macquarie2010.nsw.gov.au.
Birth certificates now available from Australia Post [ 124kb]
Issued: Tuesday 19 January 2010
Birth, death and marriage certificates can now be ordered through Australia Post at 10 regional areas across the state, NSW Registrar, Greg Curry announced today.
Standard certificate applications can be made at Australia Post offices in Armidale, Bathurst, Coffs Harbour, Dubbo, Griffith, Lismore, Orange, Port Macquarie, Queanbeyan and Wagga Wagga.
“Customers in these regional areas now have the convenience of longer opening hours at Australia Post offices to lodge their certificate applications rather than having to go to their Local Court,” Mr Curry said.
Under the new system, applicants pay a fee of $58 for a copy of a certificate, which includes postage of the certificate to the applicant by registered mail.
“Australia Post staff are already trained in assessing identification with the highest levels of privacy and security for Australian and UK passport applications so are capable of doing the same for straightforward certificate applications,” Mr Curry said.
“At this stage, urgent or more complex applications still need to be made direct to the NSW Registry of Births Deaths & Marriages, which is also the only issuer of commemorative certificates.”
The certificate trial with Australia Post began on December 14 last year and will be evaluated in May.
Australia Post National Manager External Affairs Alex Twomey said the organisation was delighted to be providing additional services to its customers through its continued investment in new technology.
“I am sure many of our regional customers will appreciate being able to apply for birth, death and marriage certificates at their local post office,” said Mr Twomey.
“Australia Post outlets take pride in being one-stop shops, where customers can pay bills, do their banking, post mail and access a range of other services during the one visit.”
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