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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
Page 2
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
Page 4
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
Page 6
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
Page 8
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
Page 10
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
Page 12
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
Page 14
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
Page 16
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
Page 18
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
Page 20
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