2016
2016
2016-09-02
act
government
publicspecial
act.reprint
allinforce
2016-05-11
2016-06-01
0
2016-09-02
act-1987-015
2016
none
act-2016-026
f0d1a425-d622-4576-aa92-13cb9600fab5
6e0a406d-27c2-453e-a7d3-0983c6b14edd
Repeal:
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 2.9.2016.
An Act to amend the Supreme Court Act 1970, the Land and Environment Court Act 1979, the
District Court Act 1973, the Local Court Act 2007 and the Coroners Act 2009 to prohibit
disrespectful behaviour in New South Wales courts and coronial
proceedings.
1Name of
Act
This Act is the Courts
Legislation Amendment (Disrespectful Behaviour) Act
2016.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Supreme Court Act 1970 No
52
Section
131
Insert after section 130:
131Disrespectful behaviour in
Court
(1)Offence
A person is guilty of an offence against this
section if:
(a)
the person is an accused person or defendant in,
or a party to, proceedings before the Court or has been called to give
evidence in proceedings before the Court, and
(b)
the person intentionally engages in behaviour in
the Court during the proceedings, and
(c)
that behaviour is disrespectful to the Court or
the Judge presiding over the proceedings (according to established court
practice and convention).
Maximum penalty: 14 days imprisonment or 10
penalty units, or both.
(2)
In this section, behaviour means any act or failure
to act.
(3)
This section does not apply to an Australian
legal practitioner appearing in that capacity.
(4)Proceedings for
offences
Proceedings against a person for an offence
against this section are to be dealt with summarily before:
(a)
if the person is a child—the
Children’s Court, or
(b)
if the person is not a child—the Local
Court or the Supreme Court in its summary
jurisdiction.
(5)
Proceedings for an offence against this section
may be brought at any time within 12 months after the date of the alleged
offence.
(6)
Proceedings for an offence against this section
may be brought only by a person or a member of a class of persons authorised,
in writing, by the Secretary of the Department of Justice for that
purpose.
(7)
A Judge may refer any disrespectful behaviour in
proceedings over which the Judge is presiding to the Attorney
General.
(8)
Proceedings for an offence against this section
may be commenced only with the authorisation of the Attorney General.
Authorisation may be given by the Attorney General whether or not the
disrespectful behaviour is referred to the Attorney General by a Judge under
this section.
(9)Evidence
An official transcript or official audio or video
recording of the proceedings in the Court is admissible in evidence in
proceedings for an offence against this section and is evidence of the matter
included in the transcript or audio or video recording.
(10)
The Judge presiding over the proceedings in which
the alleged disrespectful behaviour occurred cannot be required to give
evidence in proceedings before any court for an offence against this
section.
(11)Contempt and double
jeopardy
This section does not affect any power with
respect to contempt or the exercise of any such power.
(12)
A person cannot be prosecuted for an offence
against this section and proceeded against for contempt in respect of
essentially the same behaviour. However, nothing in this section prevents
proceedings for contempt in respect of behaviour that constitutes an offence
against this section.
Schedule 2Amendment of Land and Environment Court Act 1979 No
204
Section
67A
Insert after section 67:
67ADisrespectful behaviour in
Court
(1)Offence
A person is guilty of an offence against this
section if:
(a)
the person is an accused person or defendant in,
or a party to, proceedings before the Court or has been called to give
evidence in proceedings before the Court, and
(b)
the person intentionally engages in behaviour in
the Court during the proceedings, and
(c)
that behaviour is disrespectful to the Court or
the Judge presiding over the proceedings (according to established court
practice and convention).
Maximum penalty: 14 days imprisonment or 10
penalty units, or both.
(2)
In this section, behaviour means any act or failure
to act.
(3)
This section does not apply to an Australian
legal practitioner appearing in that capacity.
(4)Proceedings for
offences
Proceedings against a person for an offence
against this section are to be dealt with summarily before:
(a)
if the person is a child—the
Children’s Court, or
(b)
if the person is not a child—the Local
Court.
(5)
Proceedings for an offence against this section
may be brought at any time within 12 months after the date of the alleged
offence.
(6)
Proceedings for an offence against this section
may be brought only by a person or a member of a class of persons authorised,
in writing, by the Secretary of the Department of Justice for that
purpose.
(7)
A Judge may refer any disrespectful behaviour in
proceedings over which the Judge is presiding to the Attorney
General.
(8)
Proceedings for an offence against this section
may be commenced only with the authorisation of the Attorney General.
Authorisation may be given by the Attorney General whether or not the
disrespectful behaviour is referred to the Attorney General by a Judge under
this section.
(9)Evidence
An official transcript or official audio or video
recording of the proceedings in the Court is admissible in evidence in
proceedings for an offence against this section and is evidence of the matter
included in the transcript or audio or video recording.
(10)
The Judge presiding over the proceedings in which
the alleged disrespectful behaviour occurred cannot be required to give
evidence in proceedings before any court for an offence against this
section.
(11)Contempt and double
jeopardy
This section does not affect any power with
respect to contempt or the exercise of any such power.
(12)
A person cannot be prosecuted for an offence
against this section and proceeded against for contempt in respect of
essentially the same behaviour. However, nothing in this section prevents
proceedings for contempt in respect of behaviour that constitutes an offence
against this section.
(13)
This section does not apply in Class 1, 2, 3 or 4
of the Court’s jurisdiction.
Schedule 3Amendment of District Court Act 1973 No
9
Section
200A
Insert after section 200:
200ADisrespectful behaviour in
Court
(1)Offence
A person is guilty of an offence against this
section if:
(a)
the person is an accused person or defendant in,
or a party to, proceedings before the Court or has been called to give
evidence in proceedings before the Court, and
(b)
the person intentionally engages in behaviour in
the Court during the proceedings, and
(c)
that behaviour is disrespectful to the Court or
the Judge presiding over the proceedings (according to established court
practice and convention).
Maximum penalty: 14 days imprisonment or 10
penalty units, or both.
(2)
In this section, behaviour means any act or failure
to act.
(3)
This section does not apply to an Australian
legal practitioner appearing in that capacity.
(4)Proceedings for
offences
Proceedings against a person for an offence
against this section are to be dealt with summarily before:
(a)
if the person is a child—the
Children’s Court, or
(b)
if the person is not a child—the Local
Court.
(5)
Proceedings for an offence against this section
may be brought at any time within 12 months after the date of the alleged
offence.
(6)
Proceedings for an offence against this section
may be brought only by a person or a member of a class of persons authorised,
in writing, by the Secretary of the Department of Justice for that
purpose.
(7)
A Judge may refer any disrespectful behaviour in
proceedings over which the Judge is presiding to the Attorney
General.
(8)
Proceedings for an offence against this section
may be commenced only with the authorisation of the Attorney General.
Authorisation may be given by the Attorney General whether or not the
disrespectful behaviour is referred to the Attorney General by a Judge under
this section.
(9)Evidence
An official transcript or official audio or video
recording of the proceedings in the Court is admissible in evidence in
proceedings for an offence against this section and is evidence of the matter
included in the transcript or audio or video recording.
(10)
The Judge presiding over the proceedings in which
the alleged disrespectful behaviour occurred cannot be required to give
evidence in proceedings before any court for an offence against this
section.
(11)Contempt and double
jeopardy
This section does not affect any power with
respect to contempt or the exercise of any such power.
(12)
A person cannot be prosecuted for an offence
against this section and proceeded against for contempt in respect of
essentially the same behaviour. However, nothing in this section prevents
proceedings for contempt in respect of behaviour that constitutes an offence
against this section.
Schedule 4Amendment of Local Court Act 2007 No
93
Section
24A
Insert after section 24:
24ADisrespectful behaviour in
Court
(1)Offence
A person is guilty of an offence against this
section if:
(a)
the person is an accused person or defendant in,
or a party to, proceedings before the Court or has been called to give
evidence in proceedings before the Court, and
(b)
the person intentionally engages in behaviour in
the Court during the proceedings, and
(c)
that behaviour is disrespectful to the Court or
the Magistrate presiding over the proceedings (according to established court
practice and convention).
Maximum penalty: 14 days imprisonment or 10
penalty units, or both.
(2)
In this section, behaviour includes any act or
failure to act.
(3)
This section does not apply to the following
persons:
(a)
an Australian legal practitioner appearing in
that capacity,
(b)
a police prosecutor or other public official
responsible for the conduct of the prosecution, but only when acting in that
capacity.
(4)Proceedings for
offences
Proceedings against a person for an offence
against this section are to be dealt with summarily before:
(a)
if the person is a child—the
Children’s Court, or
(b)
if the person is not a child—the Local
Court.
(5)
Proceedings for an offence against this section
may be brought at any time within 12 months after the date of the alleged
offence.
(6)
Proceedings for an offence against this section
may be brought only by a person or a member of a class of persons authorised,
in writing, by the Secretary of the Department of Justice for that
purpose.
(7)
A Magistrate may refer any disrespectful
behaviour in proceedings over which the Magistrate is presiding to the
Attorney General.
(8)
Proceedings for an offence against this section
may be commenced only with the authorisation of the Attorney General.
Authorisation may be given by the Attorney General whether or not the
disrespectful behaviour is referred to the Attorney General by a Magistrate
under this section.
(9)Evidence
An official transcript or official audio or video
recording of the proceedings in the Court is admissible in evidence in
proceedings for an offence against this section and is evidence of the matter
included in the transcript or audio or video recording.
(10)
The Magistrate presiding over the proceedings in
which the alleged disrespectful behaviour occurred cannot be required to give
evidence in proceedings before any court for an offence against this
section.
(11)Contempt and double
jeopardy
This section does not affect any power with
respect to contempt or the exercise of any such power.
(12)
A person cannot be prosecuted for an offence
against this section and proceeded against for contempt in respect of
essentially the same behaviour. However, nothing in this section prevents
proceedings for contempt in respect of behaviour that constitutes an offence
against this section.
Schedule 5Amendment of Coroners Act 2009 No
41
Section
103A
Insert after section 103:
103ADisrespectful behaviour in
coronial proceedings
(1)Offence
A person is guilty of an offence against this
section if:
(a)
the person is appearing in or being represented
in coronial proceedings or has been called to give evidence in coronial
proceedings, and
(b)
the person intentionally engages in behaviour
during those proceedings, and
(c)
that behaviour is disrespectful to the coronial
proceedings or the coroner or assistant coroner presiding over the coronial
proceedings (according to established practice and convention for coronial
proceedings).
Maximum penalty: 14 days imprisonment or 10
penalty units, or both.
(2)
In this section, behaviour means any act or failure
to act.
(3)
This section does not apply to the following
persons:
(a)
an Australian legal practitioner appearing in
that capacity,
(b)
a person assisting the coroner, but only when
acting in that capacity.
(4)Proceedings for
offences
Proceedings against a person for an offence
against this section are to be dealt with summarily before:
(a)
if the person is a child—the
Children’s Court, or
(b)
if the person is not a child—the Local
Court.
(5)
Proceedings for an offence against this section
may be brought at any time within 12 months after the date of the alleged
offence.
(6)
Proceedings for an offence against this section
may be brought only by a person or a member of a class of persons authorised,
in writing, by the Secretary of the Department of Justice for that
purpose.
(7)
A coroner may refer any disrespectful behaviour
in proceedings over which the coroner is presiding to the Attorney
General.
(8)
An assistant coroner cannot refer a matter to the
Attorney General under this section, but may instead refer the matter to a
coroner.
(9)
Proceedings for an offence against this section
may be commenced only with the authorisation of the Attorney General.
Authorisation may be given by the Attorney General whether or not the
disrespectful behaviour is referred to the Attorney General by a coroner under
this section.
(10)Evidence
An official transcript or official audio or video
recording of the coronial proceedings is admissible in evidence in proceedings
for an offence against this section and is evidence of the matter included in
the transcript or audio or video recording.
(11)
The coroner or assistant coroner presiding over
the coronial proceedings in which the alleged disrespectful behaviour occurred
cannot be required to give evidence in proceedings before any court for an
offence against this section.
(12)Contempt and double
jeopardy
This section does not affect any power with
respect to contempt or the exercise of any such power.
(13)
A person cannot be prosecuted for an offence
against this section and proceeded against for contempt in respect of
essentially the same behaviour. However, nothing in this section prevents
proceedings for contempt in respect of behaviour that constitutes an offence
against this section.
Historical
notes
Table of amending
instruments
Courts
Legislation Amendment (Disrespectful Behaviour) Act 2016 No
26. Assented to 7.6.2016. Date of commencement, 1.9.2016, sec 2 and
2016 (535) LW 26.8.2016.