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This is a Bill, not an Act. For current law, see the Acts databases.


COURTS AND OTHER LEGISLATION AMENDMENT BILL 2012





                            New South Wales




Courts and Other Legislation
Amendment Bill 2012


Contents

                                                                         Page
              1    Name of Act                                              2
              2    Commencement                                             2
     Schedule 1    Amendment of Bail Act 1978 No 161                        3
     Schedule 2    Amendment of Children (Protection and Parental
                   Responsibility) Act 1997 No 78                           5
     Schedule 3    Amendment of Civil Procedure Act 2005 No 28              6
     Schedule 4    Amendment of Court Security Act 2005 No 1                7
     Schedule 5    Amendment of Criminal Procedure Act 1986 No 209          8
     Schedule 6    Amendment of District Court Act 1973 No 9                9
     Schedule 7    Amendment of Government Information (Information
                   Commissioner) Act 2009 No 53                            10
     Schedule 8    Amendment of Government Information (Public Access)
                   Act 2009 No 52                                          11
     Schedule 9    Amendment of Jury Act 1977 No 18                        12
    Schedule 10    Amendment of Land and Environment Court Act 1979
                   No 204                                                  14
    Schedule 11    Amendment of Local Court Act 2007 No 93                 16

b2012-071-25.d21
Courts and Other Legislation Amendment Bill 2012

Contents

                                                                          Page
   Schedule 12      Amendment of Mining Act 1992 No 29                      17
   Schedule 13      Amendment of Privacy and Personal Information
                    Protection Act 1998 No 133                              18
   Schedule 14      Amendment of Probate and Administration Act 1898
                    No 13                                                   19




                                                                Contents page 2
                           New South Wales




Courts and Other Legislation
Amendment Bill 2012
No     , 2012


A Bill for

An Act to make miscellaneous amendments to certain legislation with respect to
courts and certain other legislation administered by the Attorney General.
Clause 1          Courts and Other Legislation Amendment Bill 2012




The Legislature of New South Wales enacts:                                                 1

 1    Name of Act                                                                          2

               This Act is the Courts and Other Legislation Amendment Act 2012.            3

 2    Commencement                                                                         4

         (1)   This Act commences on the date of assent to this Act, except as             5
               otherwise provided by this section.                                         6

         (2)   Schedule 9 [1] and [2] commence on the date of assent to this Act or the    7
               commencement of Schedule 1 [20] to the Jury Amendment Act 2010,             8
               whichever is the later.                                                     9

         (3)   Schedules 5 and 10 [2] and [3] commence on a day or days to be             10
               appointed by proclamation.                                                 11




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Courts and Other Legislation Amendment Bill 2012

Amendment of Bail Act 1978 No 161                                       Schedule 1




Schedule 1             Amendment of Bail Act 1978 No 161                                  1

[1]   Section 53I                                                                         2

      Omit the section. Insert instead:                                                   3

      53I    Notice of forfeiture order for enforcement                                   4

             (1)    If any bail money to which a forfeiture order relates remains         5
                    unpaid after the order takes effect, the registrar of the court by    6
                    which the order was made is to notify the State Debt Recovery         7
                    Office of that fact and of the amount of bail money that remains      8
                    unpaid as at the date of the notice.                                  9

             (2)    A registrar who makes a notification under this section must, on     10
                    the request of the State Debt Recovery Office, provide the State     11
                    Debt Recovery Office with one or more of the following:              12
                     (a) a copy of the forfeiture order,                                 13
                    (b) a copy of the bail undertaking and the relevant bail             14
                           agreement,                                                    15
                     (c) a copy of all documents evidencing any relevant bail            16
                           security,                                                     17
                    (d) a copy of a certificate, prepared by the registrar who made      18
                           the notification, indicating the amount of bail money that    19
                           remained unpaid as at the date notification was given.        20

             (3)    A copy of the certificate referred to in subsection (2) (d) is       21
                    admissible in any legal proceedings and is evidence of the           22
                    matters stated in the certificate.                                   23

[2]   Section 53J Payment of forfeited bail money                                        24

      Omit "a copy of the order is referred to the State Debt Recovery Office"           25
      wherever occurring in section 53J (1) (a) and (b).                                 26

      Insert instead "the State Debt Recovery Office is notified of the order".          27




                                                                              Page 3
                 Courts and Other Legislation Amendment Bill 2012

Schedule 1       Amendment of Bail Act 1978 No 161




[3]   Schedule 1 Savings and transitional provisions                                   1
      Insert after Part 21:                                                            2


      Part 22 Courts and Other Legislation Amendment                                   3
              Act 2012                                                                 4

         41   Notice of forfeiture order for enforcement                               5

                    Section 53I, as substituted by the Courts and Other Legislation    6
                    Amendment Act 2012, extends to a forfeiture order made before      7
                    the substitution of that section:                                  8
                     (a) in respect of which an amount of bail money remains           9
                          unpaid, and                                                 10
                    (b) that was not referred to the State Debt Recovery Office       11
                          before that substitution.                                   12




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Courts and Other Legislation Amendment Bill 2012

Amendment of Children (Protection and Parental Responsibility) Act 1997   Schedule 2
No 78



Schedule 2              Amendment of Children (Protection and                           1
                        Parental Responsibility) Act 1997 No 78                         2

      Section 3 Definitions                                                             3

      Omit "the daily care and control of a child" from the definition of carer.        4

      Insert instead "residential care and control of a child".                         5




                                                                               Page 5
                 Courts and Other Legislation Amendment Bill 2012

Schedule 3       Amendment of Civil Procedure Act 2005 No 28




Schedule 3             Amendment of Civil Procedure Act 2005                                1
                       No 28                                                                2

[1]   Section 13 Officers of the court may be authorised to exercise court's                3
      functions                                                                             4

      Omit "or the uniform rules" from section 13 (1) (a).                                  5

      Insert instead "or any other Act or law in respect of which the court has             6
      jurisdiction (including any rules of court)".                                         7

[2]   Schedule 6 Savings, transitional and other provisions                                 8

      Insert at the end of clause 1 (1):                                                    9

                    any other Act that amends this Act                                     10

[3]   Schedule 6, Part 7                                                                   11

      Insert after Part 6:                                                                 12


      Part 7        Provision consequent on enactment of the                               13
                    Courts and Other Legislation Amendment                                 14
                    Act 2012                                                               15

         20   Validation of exercise of court's functions                                  16

                    The exercise of a function of a court under this Act, or any other     17
                    Act or law, by a registrar or other officer of the court pursuant to   18
                    a direction given by instrument in writing by the senior judicial      19
                    officer of the court is taken to be, and is taken to always have       20
                    been, valid as it would have been had section 13 (as amended by        21
                    the Courts and Other Legislation Amendment Act 2012) been in           22
                    force at the time the direction was given.                             23




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Courts and Other Legislation Amendment Bill 2012

Amendment of Court Security Act 2005 No 1                                  Schedule 4




Schedule 4             Amendment of Court Security Act 2005                                 1
                       No 1                                                                 2

      Section 11 Power to require property and other things to be surrendered               3
      for safekeeping                                                                       4

      Insert after section 11 (1) (c):                                                      5
                     (d) any other thing in the person's possession or control that         6
                           the security officer believes on reasonable grounds to be a      7
                           thing that is, or is of a class, prescribed by the regulations   8
                           for the purposes of this section.                                9




                                                                                Page 7
                    Courts and Other Legislation Amendment Bill 2012

Schedule 5          Amendment of Criminal Procedure Act 1986 No 209




Schedule 5                Amendment of Criminal Procedure Act                               1
                          1986 No 209                                                       2

      Section 4A Fees                                                                       3

      Insert after section 4A (2):                                                          4

             (2A)      Despite subsection (2), such fees are payable by any NSW             5
                       Government agency or statutory body representing the Crown           6
                       prescribed by the regulations for the purposes of this subsection.   7




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Courts and Other Legislation Amendment Bill 2012

Amendment of District Court Act 1973 No 9                             Schedule 6




Schedule 6             Amendment of District Court Act 1973                           1
                       No 9                                                           2

      Section 13 Appointment and qualifications of Judges                             3

      Insert "(during any period for which he or she also holds office as a Judge)"   4
      after "office of the Chief Magistrate" in section 13 (3) (a).                   5




                                                                           Page 9
                Courts and Other Legislation Amendment Bill 2012

Schedule 7      Amendment of Government Information (Information Commissioner) Act
                2009 No 53



Schedule 7             Amendment of Government Information                              1
                       (Information Commissioner) Act 2009                              2
                       No 53                                                            3

      Section 35 Restriction on disclosure of information by Commissioner               4

      Insert at the end of the section:                                                 5

             (2)   Despite section 91 of the GIPA Act, the Commissioner may             6
                   disclose information to the Privacy Commissioner in the course       7
                   of consulting with the Privacy Commissioner under section 94 of      8
                   the GIPA Act before making a recommendation against a                9
                   decision of an agency that there is an overriding public interest   10
                   against disclosure of the information.                              11




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Courts and Other Legislation Amendment Bill 2012

Amendment of Government Information (Public Access) Act 2009 No 52   Schedule 8




Schedule 8             Amendment of Government Information                          1
                       (Public Access) Act 2009 No 52                               2

      Section 94 Recommendation as to public interest against disclosure            3

      Insert after section 94 (2):                                                  4

             (3)    Despite section 91, the Information Commissioner may disclose   5
                    information to the Privacy Commissioner in the course of        6
                    consulting with the Privacy Commissioner under this section.    7




                                                                        Page 11
                    Courts and Other Legislation Amendment Bill 2012

Schedule 9          Amendment of Jury Act 1977 No 18




Schedule 9                Amendment of Jury Act 1977 No 18                                  1

[1]   Section 75A Information to be supplied to sheriff                                     2

      Omit section 75A (2B) and (2C) (as inserted by Schedule 1 [20] to the Jury            3
      Amendment Act 2010).                                                                  4

      Insert instead:                                                                       5

             (2B)      For the purposes of determining whether a person proposed to be      6
                       summoned for jury service should be excluded from jury service,      7
                       the sheriff may obtain the following information from Roads and      8
                       Maritime Services:                                                   9
                        (a) the person's driver licence number,                            10
                       (b) the person's residential address,                               11
                        (c) if the person is disqualified from holding a driver licence    12
                              and the disqualification period is 12 months or more--the    13
                              date on which the person's disqualification ends.            14

             (2C)      The sheriff and Roads and Maritime Services may enter into an       15
                       arrangement in relation to the manner and form in which             16
                       information requested under this section is to be provided.         17

             (2D)      The Commissioner of Police or Roads and Maritime Services is        18
                       required and permitted to comply with a request made by the         19
                       sheriff under this section.                                         20

[2]   Section 75A (4)                                                                      21

      Insert after section 75A (3):                                                        22

              (4)      The sheriff may disclose information obtained under this section    23
                       to the Commissioner of Police in connection with a request by the   24
                       sheriff for information from the Commissioner of Police for the     25
                       purposes of determining whether a person proposed to be             26
                       summoned for jury service should be excluded from jury service.     27




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Courts and Other Legislation Amendment Bill 2012

Amendment of Jury Act 1977 No 18                                       Schedule 9




[3]   Schedule 8 Transitional and savings provisions                                     1
      Insert at the end of the Schedule with appropriate Part and clause numbering:      2


      Part          Transitional provision consequent on                                 3
                    enactment of Courts and Other Legislation                            4
                    Amendment Act 2012                                                   5

             Testing of information systems                                              6

                    The sheriff, Commissioner of Police and Roads and Maritime           7
                    Services may, before the commencement of Schedule 1 [20] to          8
                    the Jury Amendment Act 2010, disclose information if the sheriff,    9
                    Commissioner of Police or Roads and Maritime Services is            10
                    satisfied that:                                                     11
                     (a) the disclosure is made in relation to the testing of an        12
                           information system being developed for the purposes of       13
                           the implementation of the amendments made to this Act by     14
                           Schedule 1 [20] to the Jury Amendment Act 2010 and           15
                           Schedule 9 [1] and [2] to the Courts and Other Legislation   16
                           Amendment Act 2012, and                                      17
                    (b) the disclosure would be authorised if:                          18
                             (i) it was made for the purposes of determining whether    19
                                  a person proposed to be summoned for jury service     20
                                  should be excluded from jury service, and             21
                            (ii) the provisions referred to in paragraph (a) had        22
                                  commenced.                                            23




                                                                            Page 13
                Courts and Other Legislation Amendment Bill 2012

Schedule 10         Amendment of Land and Environment Court Act 1979 No 204




Schedule 10               Amendment of Land and Environment                                  1
                          Court Act 1979 No 204                                              2

[1]   Section 13 Acting Commissioners                                                        3

      Insert after section 13 (5):                                                           4

              (6)      A person so appointed may, despite the expiration of the term of      5
                       the person's appointment, complete or otherwise continue to deal      6
                       with any matter relating to proceedings that have been heard or       7
                       partly heard, or a conciliation conference that has been presided     8
                       over or partly presided over, by the person before the expiration     9
                       of that term.                                                        10

[2]   Section 63 Right of appearance                                                        11

      Omit "in proceedings in Class 8 of the Court's jurisdiction" from                     12
      section 63 (2).                                                                       13

[3]   Section 63 (3) and (4)                                                                14

      Insert after section 63 (2):                                                          15

              (3)      In determining whether to grant leave for a person to appear by      16
                       an agent the Court is to consider:                                   17
                        (a) whether the agent has provided the person with the              18
                              information required by the rules, and                        19
                       (b) whether granting leave is in the best interests of the person.   20

              (4)      Leave granted under this section may:                                21
                       (a) be granted subject to conditions, and                            22
                       (b) be revoked at any time for any reason.                           23

[4]   Schedule 3 Savings, transitional and other provisions                                 24

      Insert at the end of clause 1A (1):                                                   25

                       any other Act that amends this Act                                   26

[5]   Schedule 3                                                                            27

      Insert after clause 11:                                                               28

      12      Provisions consequent on enactment of Courts and Other                        29
              Legislation Amendment Act 2012                                                30

              (1)      Section 13 (6), as inserted by the amending Act, extends to a        31
                       person who, immediately before that insertion, was an acting         32
                       Commissioner.                                                        33




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Courts and Other Legislation Amendment Bill 2012

Amendment of Land and Environment Court Act 1979 No 204                Schedule 10




             (2)    Section 63, as in force immediately before the amendment of that   1
                    section by the amending Act, continues to apply in respect of      2
                    proceedings commenced before that amendment.                       3

             (3)    In this clause:                                                    4
                    amending Act means the Courts and Other Legislation                5
                    Amendment Act 2012.                                                6




                                                                           Page 15
               Courts and Other Legislation Amendment Bill 2012

Schedule 11    Amendment of Local Court Act 2007 No 93




Schedule 11           Amendment of Local Court Act 2007                               1
                      No 93                                                           2

      Schedule 1 Provisions relating to Magistrates                                   3

      Insert "(during any period for which he or she also holds office as a Judge)"   4
      before "counts" in the note to clause 10A.                                      5




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Courts and Other Legislation Amendment Bill 2012

Amendment of Mining Act 1992 No 29                                    Schedule 12




Schedule 12            Amendment of Mining Act 1992 No 29                              1

      Section 293 Jurisdiction of Land and Environment Court                           2

      Insert at the end of section 293 (1) (q) (iii):                                  3
                           or                                                          4
                    (iv) the determination of the Director-General in relation to an   5
                           objection to the granting of a mining lease,                6




                                                                           Page 17
                Courts and Other Legislation Amendment Bill 2012

Schedule 13     Amendment of Privacy and Personal Information Protection Act 1998 No
                133



Schedule 13           Amendment of Privacy and Personal                                   1
                      Information Protection Act 1998 No 133                              2

      Section 4B Regulations may declare whether agency is part of or                     3
      separate from a public sector agency                                                4

      Insert "in respect of specified functions" after "another specified public sector   5
      agency" in section 4B (1) (a).                                                      6




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Courts and Other Legislation Amendment Bill 2012

Amendment of Probate and Administration Act 1898 No 13                  Schedule 14




Schedule 14            Amendment of Probate and                                           1
                       Administration Act 1898 No 13                                      2

[1]   Section 3 Definitions                                                               3

      Insert "or the Civil Procedure Act 2005" after "Supreme Court Act 1970" in          4
      the definition of Rules in section 3 (1).                                           5

[2]   Section 42 Application for probate or administration                                6

      Omit section 42 (2). Insert instead:                                                7

             (2)    Notice of an application is to be published in the manner             8
                    prescribed by the rules:                                              9
                    (a) in the case of an application made by way of a                   10
                          cross-claim--within the period prescribed by the rules in      11
                          relation to such an application, or                            12
                    (b) in any other case--not less than 14 days before the making       13
                          of the application.                                            14

[3]   Section 109                                                                        15

      Omit the section. Insert instead:                                                  16

      109    Notice of application                                                       17

                    The seal of the Court must not be affixed to any such probate or     18
                    letters of administration unless notice of the application for the   19
                    resealing of the probate or letters of administration has been       20
                    published in the manner prescribed by the rules:                     21
                     (a) in the case of an application made by way of a                  22
                           cross-claim--within the period prescribed by the rules in     23
                           relation to such an application, and                          24
                    (b) in any other case--not less than 14 days before the making       25
                           of the application,                                           26
                    and no caveat has been lodged in respect of the application.         27




                                                                            Page 19
              Courts and Other Legislation Amendment Bill 2012

Schedule 14   Amendment of Probate and Administration Act 1898 No 13




[4]   Section 152A Rules of Court                                               1
      Insert "or the Civil Procedure Act 2005" after "Supreme Court Act 1970"   2
      wherever occurring in section 152A (1) and (2).                           3




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