2012
2012
2012-09-10
act
government
publicspecial
act.reprint
partuncommenced
2012-08-14
2012-08-14
0
2012
none
act-2012-060
4b24f627-078c-4748-90e1-5fce33c21966
aa0b9c8e-06e6-4c87-864e-2f90231bfe91
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to make miscellaneous amendments to
certain legislation with respect to courts and certain other legislation
administered by the Attorney General.
1Name of
Act
This Act is the Courts and Other
Legislation Amendment Act 2012.
2Commencement
(1)
This Act commences on the date of assent to this
Act, except as otherwise provided by this section.
(2)
Schedule 9 [1] and [2] commence on the date of
assent to this Act or the commencement of Schedule 1 [20] to the Jury Amendment Act 2010, whichever is
the later.
(3)
Schedules 5 and 10 [2] and [3] commence on a day
or days to be appointed by proclamation.
Schedule 1Amendment of Bail Act 1978 No
161
[1]Section
53I
Omit the section. Insert instead:
53INotice of forfeiture order for
enforcement
(1)
If any bail money to which a forfeiture order
relates remains unpaid after the order takes effect, the registrar of the
court by which the order was made is to notify the State Debt Recovery Office
of that fact and of the amount of bail money that remains unpaid as at the
date of the notice.
(2)
A registrar who makes a notification under this
section must, on the request of the State Debt Recovery Office, provide the
State Debt Recovery Office with one or more of the following:
(a)
a copy of the forfeiture
order,
(b)
a copy of the bail undertaking and the relevant
bail agreement,
(c)
a copy of all documents evidencing any relevant
bail security,
(d)
a copy of a certificate, prepared by the
registrar who made the notification, indicating the amount of bail money that
remained unpaid as at the date notification was
given.
(3)
A copy of the certificate referred to in
subsection (2) (d) is admissible in any legal proceedings and is evidence of
the matters stated in the certificate.
[2]Section 53J Payment of
forfeited bail money
Omit “a copy of the order is referred to
the State Debt Recovery Office” wherever occurring in section 53J (1)
(a) and (b).
Insert instead “the State Debt Recovery
Office is notified of the order”.
[3]Schedule 1 Savings and
transitional provisions
Insert after Part 21:
Part 22Courts
and Other Legislation Amendment Act
2012
41Notice of forfeiture order for
enforcement
Section 53I, as substituted by the Courts and Other Legislation Amendment Act
2012, extends to a forfeiture order made before the
substitution of that section:
(a)
in respect of which an amount of bail money
remains unpaid, and
(b)
that was not referred to the State Debt Recovery
Office before that substitution.
Schedule 2Amendment of Children (Protection and Parental Responsibility) Act
1997 No 78
Section 3
Definitions
Omit “the daily care and control of a
child” from the definition of carer.
Insert instead “residential care and
control of a child”.
Schedule 3Amendment of Civil Procedure Act 2005 No
28
[1]Section 13 Officers of the
court may be authorised to exercise court’s
functions
Omit “or the uniform rules” from
section 13 (1) (a).
Insert instead “or any other Act or law in
respect of which the court has jurisdiction (including any rules of
court)”.
[2]Schedule 6 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
any other Act that amends this
Act
[3]Schedule 6, Part
7
Insert after Part 6:
Part 7Provision consequent on
enactment of the Courts and Other Legislation Amendment
Act 2012
20Validation of exercise of
court’s functions
The exercise of a function of a court under this
Act, or any other Act or law, by a registrar or other officer of the court
pursuant to a direction given by instrument in writing by the senior judicial
officer of the court is taken to be, and is taken to always have been, valid
as it would have been had section 13 (as amended by the Courts
and Other Legislation Amendment Act 2012) been in force at
the time the direction was given.
Schedule 4Amendment of Court Security Act 2005 No
1
Section 11 Power to require
property and other things to be surrendered for
safekeeping
Insert after section 11 (1) (c):
(d)
any other thing in the person’s possession
or control that the security officer believes on reasonable grounds to be a
thing that is, or is of a class, prescribed by the regulations for the
purposes of this section.
Schedule 5Amendment of Criminal Procedure Act 1986 No
209
Section 4A
Fees
Insert after section 4A (2):
(2A)
Despite subsection (2), such fees are payable by
any NSW Government agency or statutory body representing the Crown prescribed
by the regulations for the purposes of this subsection.
Schedule 6Amendment of District Court Act 1973 No
9
Section 13 Appointment and
qualifications of Judges
Insert “(during any period for which he or
she also holds office as a Judge)” after “office of the Chief
Magistrate” in section 13 (3) (a).
Schedule 7Amendment of Government Information (Information Commissioner) Act
2009 No 53
Section 35 Restriction on
disclosure of information by Commissioner
Insert at the end of the section:
(2)
Despite section 91 of the GIPA Act, the
Commissioner may disclose information to the Privacy Commissioner in the
course of consulting with the Privacy Commissioner under section 94 of the
GIPA Act before making a recommendation against a decision of an agency that
there is an overriding public interest against disclosure of the
information.
Schedule 8Amendment of Government Information (Public Access) Act 2009
No 52
Section 94 Recommendation as
to public interest against disclosure
Insert after section 94 (2):
(3)
Despite section 91, the Information Commissioner
may disclose information to the Privacy Commissioner in the course of
consulting with the Privacy Commissioner under this
section.
Schedule 9Amendment of Jury Act 1977 No
18
[1]Section 75A Information to be
supplied to sheriff
Omit section 75A (2B) and (2C) (as inserted by
Schedule 1 [20] to the Jury Amendment Act
2010).
Insert instead:
(2B)
For the purposes of determining whether a person
proposed to be summoned for jury service should be excluded from jury service,
the sheriff may obtain the following information from Roads and Maritime
Services:
(a)
the person’s driver licence
number,
(b)
the person’s residential
address,
(c)
if the person is disqualified from holding a
driver licence and the disqualification period is 12 months or more—the
date on which the person’s disqualification
ends.
(2C)
The sheriff and Roads and Maritime Services may
enter into an arrangement in relation to the manner and form in which
information requested under this section is to be
provided.
(2D)
The Commissioner of Police or Roads and Maritime
Services is required and permitted to comply with a request made by the
sheriff under this section.
[2]Section 75A
(4)
Insert after section 75A (3):
(4)
The sheriff may disclose information obtained
under this section to the Commissioner of Police in connection with a request
by the sheriff for information from the Commissioner of Police for the
purposes of determining whether a person proposed to be summoned for jury
service should be excluded from jury service.
[3]Schedule 8 Transitional and
savings provisions
Insert at the end of the Schedule with
appropriate Part and clause numbering:
PartTransitional provision
consequent on enactment of Courts and Other
Legislation Amendment Act 2012
Testing of information
systems
The sheriff, Commissioner of Police and Roads and
Maritime Services may, before the commencement of Schedule 1 [20] to the
Jury Amendment Act 2010, disclose
information if the sheriff, Commissioner of Police or Roads and Maritime
Services is satisfied that:
(a)
the disclosure is made in relation to the testing
of an information system being developed for the purposes of the
implementation of the amendments made to this Act by Schedule 1 [20] to the
Jury Amendment Act 2010 and Schedule 9
[1] and [2] to the Courts and Other Legislation Amendment
Act 2012, and
(b)
the disclosure would be authorised if:
(i)
it was made for the purposes of determining
whether a person proposed to be summoned for jury service should be excluded
from jury service, and
(ii)
the provisions referred to in paragraph (a) had
commenced.
Schedule 10Amendment of Land and Environment Court Act 1979 No
204
[1]Section 13 Acting
Commissioners
Insert after section 13 (5):
(6)
A person so appointed may, despite the expiration
of the term of the person’s appointment, complete or otherwise continue
to deal with any matter relating to proceedings that have been heard or partly
heard, or a conciliation conference that has been presided over or partly
presided over, by the person before the expiration of that
term.
[2]Section 63 Right of
appearance
Omit “in proceedings in Class 8 of the
Court’s jurisdiction” from section 63 (2).
[3]Section 63 (3) and
(4)
Insert after section 63 (2):
(3)
In determining whether to grant leave for a
person to appear by an agent the Court is to consider:
(a)
whether the agent has provided the person with
the information required by the rules, and
(b)
whether granting leave is in the best interests
of the person.
(4)
Leave granted under this section may:
(a)
be granted subject to conditions,
and
(b)
be revoked at any time for any
reason.
[4]Schedule 3 Savings,
transitional and other provisions
Insert at the end of clause 1A (1):
any other Act that amends this
Act
[5]Schedule
3
Insert after clause 11:
12Provisions consequent on
enactment of Courts and Other Legislation Amendment
Act 2012
(1)
Section 13 (6), as inserted by the amending Act,
extends to a person who, immediately before that insertion, was an acting
Commissioner.
(2)
Section 63, as in force immediately before the
amendment of that section by the amending Act, continues to apply in respect
of proceedings commenced before that amendment.
(3)
In this clause:
amending
Act means the Courts and Other
Legislation Amendment Act 2012.
Schedule 11Amendment of Local Court Act 2007 No
93
Schedule 1 Provisions relating
to Magistrates
Insert “(during any period for which he or
she also holds office as a Judge)” before “counts” in the
note to clause 10A.
Schedule 12Amendment of Mining Act 1992 No
29
Section 293 Jurisdiction of
Land and Environment Court
Insert at the end of section 293 (1) (q)
(iii):
or
(iv)
the determination of the Director-General in
relation to an objection to the granting of a mining
lease,
Schedule 13Amendment of Privacy and Personal Information Protection Act
1998 No 133
Section 4B Regulations may
declare whether agency is part of or separate from a public sector
agency
Insert “in respect of specified
functions” after “another specified public sector agency” in
section 4B (1) (a).
Schedule 14Amendment of Probate and Administration Act 1898 No
13
[1]Section 3
Definitions
Insert “or the Civil
Procedure Act 2005” after “Supreme Court Act 1970” in the
definition of Rules in section 3
(1).
[2]Section 42 Application for
probate or administration
Omit section 42 (2). Insert instead:
(2)
Notice of an application is to be published in
the manner prescribed by the rules:
(a)
in the case of an application made by way of a
cross-claim—within the period prescribed by the rules in relation to
such an application, or
(b)
in any other case—not less than 14 days
before the making of the application.
[3]Section
109
Omit the section. Insert instead:
109Notice of
application
The seal of the Court must not be affixed to any
such probate or letters of administration unless notice of the application for
the resealing of the probate or letters of administration has been published
in the manner prescribed by the rules:
(a)
in the case of an application made by way of a
cross-claim—within the period prescribed by the rules in relation to
such an application, and
(b)
in any other case—not less than 14 days
before the making of the application,
and no caveat has been lodged in respect of the
application.
[4]Section 152A Rules of
Court
Insert “or the Civil
Procedure Act 2005” after “Supreme Court Act 1970” wherever
occurring in section 152A (1) and (2).
Historical
notes
Table of amending
instruments
Courts and Other
Legislation Amendment Act 2012 No 60. Assented to
10.9.2012. Date of commencement, Schs 5, 9 [1] and [2] and 10 [2] and [3]
excepted, assent, sec 2 (1); date of commencement of Schs 5, 9 [1] and [2] and
10 [2] and [3]: not in force.