Criminal Procedure Regulation 2010

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Criminal Procedure Regulation 2010.

2 Commencement

This Regulation commences on 1 September 2010 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Criminal Procedure Regulation 2005, which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

(1)  In this Regulation:

community service order means a community service order under the Crimes (Sentencing Procedure) Act 1999.

Criminal Listing Director has the same meaning that it has in Part 3 of Chapter 3 of the Act.

good behaviour bond means a good behaviour bond under the Crimes (Sentencing Procedure) Act 1999.

Secretary means the Secretary of the Department of Attorney General and Justice.

the Act means the Criminal Procedure Act 1986.

(2)  In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.

(3)  Notes included in this Regulation (except in Schedule 1) do not form part of this Regulation.

cl 3: Am 2014 (143), Sch 1 [1].

Part 2 Listing of criminal proceedings

4 Information for Criminal Listing Director

(1)  The Criminal Listing Director may direct any of the following persons to give to the Director such information to assist the Director in making arrangements for the listing of criminal proceedings as the Director reasonably requires:

(a)  a prosecuting authority,

(b)  an accused person or appellant,

(c)  an Australian legal practitioner acting for an accused person or appellant,

(d)  a registrar.

(2)  A person to whom such a direction is given must comply with the direction without delay.

(3)  The Criminal Listing Director must not give to a prosecuting authority any information furnished to the Director by an accused person or appellant (or by the Australian legal practitioner of an accused person or appellant) in response to a direction under this clause except with the consent of the accused person, appellant or Australian legal practitioner.

(4)  The Criminal Listing Director must not give to an accused person or appellant (or to any person acting in the interest of an accused person or appellant) any information furnished to the Director by a prosecuting authority in response to a direction under this clause except with the consent of the prosecuting authority.

5 Notice of appearance

(1)  An Australian legal practitioner:

(a)  who acts for an accused person or appellant in any criminal proceedings, and

(b)  who has not filed a notice of appearance in the proceedings in the Local Court that led to those criminal proceedings,

must file a notice of appearance, in the court in which the criminal proceedings are to be heard, as soon as practicable after accepting instructions to so act.

(2)  A notice of appearance must be in the form of a document signed by or on behalf of the Australian legal practitioner filing it containing:

(a)  the full name of the accused person or appellant for whom the Australian legal practitioner acts, and

(b)  the full name, address and telephone number of the Australian legal practitioner.

(3)  An Australian legal practitioner who ceases to act for an accused person or appellant in any criminal proceedings must file a notice of ceasing to act, in the court in which the proceedings are to be heard, as soon as practicable after ceasing to so act.

(4)  Subclause (3) does not apply if a notice of appearance for the accused person or appellant has already been filed by another Australian legal practitioner.

(5)  As soon as practicable after a notice under this clause is filed, the registrar with whom the notice is filed must give a copy of the notice to the Director of Public Prosecutions and to the Criminal Listing Director.

6 Transcript

(1)  The Director of Public Prosecutions must notify the Criminal Listing Director and the relevant registrar of the Local Court:

(a)  if a written transcript of the proceedings in the Local Court that led to the committal for trial of an accused person is not received by the Director of Public Prosecutions within the prescribed time after the accused person was committed for trial, or

(b)  if a written transcript of the proceedings in the Local Court that led to an appeal is not received by the Director of Public Prosecutions within the prescribed time after the appellant lodged notice of the appeal under Part 3 of the Crimes (Appeal and Review) Act 2001.

(2)  For the purposes of this clause, the prescribed time is:

(a)  2 weeks, in the case of an accused person (being a person who is under 21 years of age) who is in custody for the offence the subject of the proceedings, or

(b)  4 weeks, in any other case.

(3)  The Criminal Listing Director must take information received under this clause into account in fixing any date for the hearing or mention of the matter before the Supreme Court or the District Court.

7 Notice of readiness

(1)  As soon as practicable after determining that criminal proceedings are ready to proceed on the part of the Crown, the Director of Public Prosecutions must give to the Criminal Listing Director a notice of readiness for the proceedings.

(2)  The notice must be in the form approved for the time being by the Criminal Listing Director and must be accompanied by a draft of the indictment proposed to be presented in the proceedings.

(3)  As soon as practicable after receiving the notice, the Criminal Listing Director:

(a)  must give a copy of the notice, and of the draft indictment which accompanies the notice, to the registrar of the relevant court, and

(b)  must give a copy of the draft indictment to each accused person or the accused person’s Australian legal practitioner.

(4)  As soon as practicable after determining that the indictment to be presented in any criminal proceedings is to depart in any material particular from the draft indictment that accompanied the notice of readiness for the proceedings, the Director of Public Prosecutions must give to the Criminal Listing Director a draft of the indictment then proposed to be presented in the proceedings.

(5)  The later draft must contain a notice, in the form approved for the time being by the Criminal Listing Director, indicating the nature and extent of the departures from the earlier draft.

(6)  As soon as practicable after receiving a draft indictment under subclause (4), the Criminal Listing Director must give a copy of the draft indictment to the registrar and to each accused person or the accused person’s Australian legal practitioner.

8 Application to stay indictment

(1)  This clause applies to:

(a)  any application to the Supreme Court or District Court for an order staying or quashing an indictment, and

(b)  any demurrer to an indictment.

(2)  Unless the court otherwise orders, an application or demurrer to which this clause applies must not be listed for hearing unless it has been filed within the prescribed time after a copy of the draft indictment was given to the accused person or the accused person’s Australian legal practitioner under clause 7 (3) or (6).

(3)  For the purposes of this clause, the prescribed time is:

(a)  1 month, in the case of an accused person who is in custody for the offence to which the indictment relates, or

(b)  3 months, in any other case.

9 Notice of listing

(1)  As soon as practicable after fixing a date for the hearing or mention of any criminal proceedings, the Criminal Listing Director must give notice of the listing to the registrar of the relevant court.

(2)  As soon as practicable after receiving notice of the listing, the registrar must cause written notice of the listing to be served, in accordance with the rules of court, on the Director of Public Prosecutions and each accused person or appellant in the proceedings.

Part 2A Court costs levy

pt 2A: Ins 2013 (194), cl 3.

9A Court costs levy

For the purposes of section 211A (1) of the Act, the amount of the court costs levy is $85.

cl 9A: Ins 2013 (194), cl 3. Am 2013 (301), Sch 1 [1].

9B Exemption from liability to pay levy

For the purposes of section 211A (2) (e) of the Act, a conviction recorded before 13 May 2013 is exempt from the liability to pay the court costs levy.

Note—

In this clause, a reference to a conviction includes a reference to an order made under section 10 of the Crimes (Sentencing Procedure) Act 1999 (see section 211A (8) of the Criminal Procedure Act 1986).

cl 9B: Ins 2013 (194), cl 3.

Part 3 Fees

10 Amounts payable in relation to court proceedings

(1)  The fee that a person must pay to the Supreme Court, the Land and Environment Court, the District Court or the Local Court in respect of a matter referred to in Part 1 of Schedule 2 is the fee specified in that Part in respect of that matter.

(2)  Despite subclause (1), no fee is payable for a copy of the print out of any record of committal proceedings conducted in the Local Court by means of an ECM system within the meaning of Schedule 1 to the Electronic Transactions Act 2000.

cl 10: Am 2011 (52), cl 3.

11 Amounts payable in relation to Sheriff’s functions

The fee that a person must pay to the Sheriff in relation to a matter referred to in Part 2 of Schedule 2 is the fee specified in that Part in respect of that matter.

12 Persons by and to whom fees are payable

(1)  Any fee imposed by Schedule 2 is payable, by the person at whose request the relevant document is filed or service rendered:

(a)  in the case of a fee imposed by Part 1 of Schedule 2, to the registrar of the court concerned, and

(b)  in the case of a fee imposed by Part 2 of Schedule 2, to the Sheriff or the registrar of the court concerned.

(2)  If a document is filed or service rendered at the request of a person acting as agent for another person, each of those persons is jointly and severally liable for payment of any such fee.

13 When fees become due

(1)  A fee imposed by Schedule 2 becomes due when the document concerned is filed or the service concerned is rendered.

(2)  Despite subclause (1), a registrar who is requested to file a document or render a service may require any fee for the document or service to be paid before the document is filed or the service rendered.

14 General power to waive, postpone and remit fees

(1)  The registrar of a court may, by order in writing, direct that the whole or any part of any fee payable to the court be waived, postponed or remitted, subject to such conditions (if any) as the registrar thinks fit to impose.

(2)  The Sheriff may, by order in writing, direct that the whole or any part of any fee payable to the Sheriff be waived, postponed or remitted, subject to such conditions (if any) as the Sheriff thinks fit to impose.

(3)  The powers conferred by this clause are to be exercised in accordance with such guidelines as may from time to time be published by the Attorney General.

15 Postponement of fees for legally assisted persons

(1)  The taking of any fee in respect of the business of the court in relation to proceedings involving a party who is a legally assisted person is, if the fee is payable by the party, to be postponed until judgment has been given in the proceedings.

(2)  The fee is not to be taken at all, or if taken must be remitted, if:

(a)  judgment in the proceedings is against the legally assisted person, or

(b)  judgment is in favour of the legally assisted person, but costs are not awarded in his or her favour.

(3)  In this clause:

legally assisted person means a person who is receiving legal assistance through a community legal centre within the meaning of the Legal Profession Act 2004.

15A Court fees payable by certain NSW Government agencies or statutory bodies representing the Crown

For the purposes of section 4A (2A) of the Act, the NSW Government agencies and statutory bodies representing the Crown set out in Schedule 2A are prescribed.

cl 15A: Ins 2013 (719), Sch 1 [1].

Part 4 Recorded interviews with vulnerable persons

16 Definitions

In this Part:

defence notice means a notice given by an accused person or his or her Australian legal practitioner under clause 18.

prosecuting authority, in relation to a prosecution, means the Director of Public Prosecutions, or a police officer, who is responsible for the conduct of the prosecution.

prosecuting authority notice means a notice given by a prosecuting authority under clause 17.

recorded interview means a recording made by an investigating official of an interview during which a vulnerable person is questioned by an investigating official in connection with the investigation of the commission or possible commission of an offence by the vulnerable person or any other person.

responsible person means a person named in a prosecuting authority notice as referred to in clause 17 (2) (d).

vulnerable person has the same meaning as it has in Part 6 of Chapter 6 of the Act.

17 Prosecuting authority notice

(1)  For the purposes of section 306V (2) of the Act, if a prosecuting authority intends to adduce evidence of a previous representation by a vulnerable person wholly or partly by means of a recorded interview or a transcript of a recorded interview in a criminal proceeding where the vulnerable person who made the representation is not the accused person, the prosecuting authority must notify the accused person or his or her Australian legal practitioner (if any) of the intention in accordance with this clause.

(2)  A notice under subclause (1) must:

(a)  be in writing, and

(b)  specify each recorded interview (or transcript of such interview) that the prosecuting authority intends to adduce, and

(c)  contain information to the effect that the accused person and his or her Australian legal practitioner are entitled to listen to or view each recorded interview at a police station or other place nominated by the prosecuting authority, and

(d)  set out the name of a person responsible for arranging access to each recorded interview.

(3)  A notice under subclause (1) must be given to the accused person or his or her Australian legal practitioner at least 14 days before the evidence for the prosecution is given in the proceeding.

Note—

Section 76 of the Act provides that a transcript of a recorded interview is not admissible in committal proceedings unless the defendant has been given, in accordance with the regulations under section 306V (2) of the Act, a reasonable opportunity to listen to or view the recorded interview.

18 Defence notice

(1)  An accused person or Australian legal practitioner who receives a prosecuting authority notice may notify the responsible person that he or she requires access to any one or more of the recorded interviews specified in the notice.

(2)  A notice under subclause (1) must:

(a)  be in writing, and

(b)  set out the name of the accused person and his or her Australian legal practitioner (if any), and

(c)  specify the recorded interview or interviews to which the accused person or his or her Australian legal practitioner requires access, and

(d)  be given to the responsible person at least 7 days before the evidence for the prosecution is given in the proceeding, unless the court gives leave for the notice to be given at a later time.

19 Recorded interview to be made available within 7 days

(1)  A responsible person who receives a defence notice must give the accused person and his or her Australian legal practitioner (if any) access to listen to or view the recorded interview within 7 days (or such shorter period of time as the court directs) after the day on which the responsible person receives the defence notice.

(2)  The responsible person may give the accused person or his or her Australian legal practitioner access to listen to or view the recorded interview on more than one occasion.

Part 5 Evidentiary matters

20 Notice—evidence of substantial mental impairment

For the purposes of section 151 (1) of the Act, notice of an accused person’s intention to adduce evidence of substantial mental impairment at his or her trial for murder:

(a)  must be in Form 1, and

(b)  must be given to the Director of Public Prosecutions at least 35 days before the date on which the trial is listed to commence.

21 Offences for which briefs of evidence not required

(1)  For the purposes of section 187 (5) of the Act, the following proceedings are prescribed as proceedings of a kind in which a prosecutor is not required to serve a brief of evidence:

(a)  proceedings for an offence for which a penalty notice may be issued (other than an offence that is set out in Schedule 3 and that is not referred to below),

(b)  proceedings for an offence under section 4 of the Summary Offences Act 1988,

(c)  proceedings for an offence under any of the following provisions of the Road Transport Act 2013 (or a former corresponding provision within the meaning of that Act):

(i)  section 53 (3) or 54 (1) (a), (3) (a), (4) (a), (5) (a) (i) or (5) (b) (i),

(ii)  section 110 or 112,

(d)  proceedings for a summary offence for which there is a monetary penalty only,

(e)    (Repealed)

(f)  proceedings for an offence under section 10 of the Drug Misuse and Trafficking Act 1985,

(g)  proceedings for an offence under section 16 (1) of the Poisons and Therapeutic Goods Act 1966.

(2)  Subclause (1) has effect in relation to proceedings referred to in subclause (1) (b), (c) or (d) only if the proceedings are commenced on or after 14 November 2007.

(3)  Subclause (1) has effect in relation to proceedings referred to in subclause (1) (e), (f) or (g) only if the proceedings are commenced on or after 1 February 2010.

cl 21: Am 2011 (308), cl 3; 2012 (310), cl 3 (1); 2013 No 19, Sch 4.14 [1] [2].

22 Short briefs of evidence required in certain circumstances

(1)  The object of this clause is to reduce the time spent by police officers in producing statements of non-material witnesses for inclusion in certain briefs of evidence and, accordingly, a court is to have regard to that object when exercising its functions under this clause.

(2)  This clause applies only to proceedings for summary offences (including proceedings for indictable offences specified in Table 2 to Schedule 1 to the Act that are being dealt with summarily) for which a brief of evidence is required to be served under section 183 of the Act.

(3)  In this clause, prescribed statement means, in relation to a brief of evidence required to be served under section 183 of the Act in proceedings, a statement of a non-material witness, including the following:

(a)  a police officer who provides evidence that the preconditions of the exercise of a power have been satisfied or establishes that the evidence on which the prosecutor relies was obtained in accordance with the law (for example, the custody manager who cautions the accused person under Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002),

(b)  a police officer who was responsible for the movement of, or recording the movement of, a thing connected with the offence or the investigation of the offence (for example, a police officer who conveys DNA or a drug sample to the Division of Analytical Laboratories),

(c)  a police officer who operated a device that produced or caused the production of a document, photograph, video or any other thing relied on by the prosecutor to prove the prosecution’s case,

(d)  any other police officer who provides evidence that merely corroborates evidence of another police officer whose statement relates to a process or procedure and is included in the brief of evidence (for example, a police officer, other than the investigating police officer, who was present when the accused person was interviewed),

(e)  a person who is a medical practitioner, nurse, paramedic or other health care professional if all the notes of the person (for example, doctor’s treatment notes or ambulance officer’s checklists) have been included in the brief of evidence.

(4)  For the purposes of section 183 (2) of the Act, a brief of evidence need not include the following:

(a)  any prescribed statement so long as the brief includes a list of each prescribed statement that, but for this clause, would need to be included in the brief and a summary of what each such statement would include,

(b)  any document that was served on the accused person or the accused person’s legal representative by or on behalf of the prosecutor after the court attendance notice in relation to the offence concerned was served.

(5)  On application by the accused person in proceedings, the court may order that any prescribed statement, or any document referred to in subclause (4) (b), be served on the accused person by the prosecutor within a specified time before the hearing if the statement or document was not included in the brief of evidence. The court is to give reasons for the making of such an order.

(6)  The court may make an order under subclause (5) only if satisfied that:

(a)  in the case of a prescribed statement, the making of the order would assist the accused person to respond to the charge or assist the court in determining the matter, or

(b)  in the case of a document referred to in subclause (4) (b), the application for the order has been made in good faith.

(7)  This clause has effect in respect of proceedings only if the accused person in the proceedings was charged with the offence to which the proceedings relate on or after 12 November 2007.

cl 22: Am 2011 (308), cl 3; 2012 (310), cl 3 (2).

23 (Repealed)

cl 23: Rep 2012 (310), cl 3 (3).

24 New trials of sexual assault proceedings—notice of intention to tender record of original evidence of complainant

For the purposes of section 306B (3) (a) or 306I (3) (a) of the Act, a notice given by the prosecutor to the accused person under either of those provisions must:

(a)  specify whether the record or records to be tendered by the prosecutor in the new trial proceedings are an audio visual recording, an audio recording or a transcript of the evidence given by the complainant in the original proceedings, and

(b)  if a record to be tendered is an audio visual recording or audio recording, contain information to the effect that the accused person and his or her Australian legal practitioner are entitled to listen to or view the recording at a place nominated by the prosecutor and set out the name of the person responsible for arranging access to the recording.

25 Access to record of original evidence of complainant

(1)  For the purposes of section 306F (4) of the Act, this clause sets out the procedure for obtaining access to listen to or view an audio visual recording or audio recording of the original evidence of a complainant.

(2)  On receipt of a notice under section 306B (3) (a) or 306I (3) (a) of the Act specifying the prosecutor’s intention to tender in proceedings an audio visual recording or audio recording of the original evidence of the complainant, the accused person, or his or her Australian legal practitioner, may give the responsible person a notice in writing that he or she requires access to the recording.

(3)  A responsible person who receives a notice that complies with this clause must give the accused person and his or her Australian legal practitioner (if any) access to listen to or view the recording as soon as practicable after the day on which the responsible person receives the notice.

(4)  The responsible person may give any person accompanying the accused person, or his or her Australian legal practitioner, who has been engaged to assist the accused person’s case access to listen to or view the recording.

(5)  In this clause:

responsible person means the person nominated under clause 24 (b) by the prosecutor as the person responsible for arranging access to the recording.

26 Compellability of spouses

For the purposes of section 279 (5) (b) of the Act, Form 2 is the prescribed form in which a court’s reasons are to be recorded.

27 Depositions by persons dangerously ill

For the purposes of section 284 (2) of the Act, Form 3 is the prescribed form in which a deposition must be taken.

27A Authorised classifiers

For the purposes of the definition of authorised classifier in section 289A of the Act, members of the NSW Police Force who have undertaken training in the classification of child abuse material that is conducted or arranged by the NSW Police Force are prescribed as authorised classifiers.

cl 27A: Ins 2012 No 11, Sch 1.2.

Part 6 Circle sentencing intervention program

Division 1 Preliminary

28 Program declared to be intervention program

For the purposes of section 347 (1) of the Act, the program of measures described in this Part for dealing with offenders is declared to be an intervention program for the purposes of Part 4 of Chapter 7 of the Act.

29 Definitions

In this Part:

Aboriginal Community Justice Group for a declared place means the Aboriginal Community Justice Group established for that place under Division 4.

Aboriginal person means a person who:

(a)  is a member of the Aboriginal race of Australia, and

(b)  identifies as an Aboriginal person, and

(c)  is accepted by the Aboriginal community as an Aboriginal person.

circle sentencing group for a referred offender means a circle sentencing group convened under Division 3 for the offender.

guidelines means guidelines issued by the Minister under clause 52.

offender means a person who has pleaded guilty to, or has been found guilty of, an offence before a participating court where that offence is an offence in respect of which an intervention program may be conducted as provided by section 348 of the Act.

participating court means the Local Court.

presiding Magistrate means the Magistrate presiding over the participating court that refers a referred offender.

program means the program of measures described in Division 3.

program participation order means a grant of bail by, or other order of, a participating court made in respect of an offender for the purpose of allowing the offender to participate in the program.

Project Officer for a declared place means the Project Officer (Circle Sentencing) for the place referred to in clause 51 (1).

referred offender means an offender who is the subject of:

(a)  a suitability assessment order, or

(b)  a program participation order.

suitability assessment order means a grant of bail by, or other order of, a participating court made in respect of an offender for the purpose of allowing an assessment of the offender’s capacity and prospects for participation in the program to be made.

victim has the same meaning as victim of crime has for the purposes of the Victims Rights Act 1996.

30 Application

(1)  This Part applies only in respect of the Local Court sitting at a declared place.

(2)  For the purposes of this Part, a declared place means any place declared by the Minister to be a place for the program.

(3)  Each place at which sittings of a participating court could be held immediately before the commencement of the Miscellaneous Acts (Local Court) Amendment Act 2007 is taken to be a declared place.

(4)  Any declaration made, or taken to have been made, under this clause may be amended or revoked from time to time.

31 Summary of process for participation in program

(1)  The following is a summary of the process involved in referring an offender for participation in the program:

(a)  Suitability assessment order made

A participating court makes a suitability assessment order in respect of the offender.

(b)  Project Officer convenes meeting of Aboriginal Community Justice Group

The Project Officer for the declared place convenes a special meeting of the Aboriginal Community Justice Group for the declared place under Division 2 to assess whether the offender is a suitable candidate to participate in the program.

(c)  Aboriginal Community Justice Group assesses offender

The Aboriginal Community Justice Group meets to assess the offender’s suitability having regard to certain criteria. The Group may either assess the offender as being suitable or not suitable for participation. In either event, the Group must report its finding to the court that referred the offender.

(d)  Court determines whether program participation order should be made

If the Aboriginal Community Justice Group assesses an offender as not being suitable for participation, the offender will not be eligible to participate in the program. However, if the Group assesses the offender to be suitable, the participating court may then make a program participation order if it is satisfied that the offender is otherwise eligible to participate and that it would be appropriate for the offender to participate in the program.

(e)  Offender enters into agreement to participate

The offender enters into an agreement to participate in the program.

(f)  Project Officer convenes a circle sentencing group

The Project Officer will then convene a circle sentencing group constituted as provided by Division 3 for the purpose of recommending an appropriate sentence and determining a treatment and rehabilitation plan for the offender. The Magistrate who refers the offender will preside over the circle sentencing group.

(g)  Offender must comply with program and any intervention plan

An offender must comply with the program participation order and any intervention plan determined by the circle sentencing group. A failure to do so may result in the offender being returned to the participating court for the court to deal with the offender.

(h)  Court may pronounce a sentence

The court that referred the offender may, if it agrees with the consensus of the circle sentencing group on the issue, impose a sentence on the offender in the terms recommended by the group following the conclusion of the circle. Any such sentence will be pronounced in open court.

(2)  This clause does not affect the meaning or interpretation of any provision of this Part that it summarises.

Division 2 Assessment of suitability to participate

32 Notification of suitability assessment order

If a participating court sitting at a declared place makes a suitability assessment order in respect of a referred offender, it must notify the Project Officer for the declared place of the order.

33 Meeting of Aboriginal Community Justice Group

(1)  The Project Officer for the declared place must convene a meeting of the Aboriginal Community Justice Group for the declared place to assess the suitability of a referred offender to participate in the program as soon as practicable after being notified of a suitability assessment order in respect of the offender.

(2)  The meeting is to be attended by at least 3 members of the Group chosen by the Project Officer.

34 Role of Aboriginal Community Justice Group

(1)  In assessing the suitability of a referred offender to participate in the program, the Aboriginal Community Justice Group to which the offender has been referred is to have regard to the following matters:

(a)  the nature of the offence committed by the offender,

(b)  whether the offender is part of an Aboriginal community at the declared place or has a close association or kinship with any such community,

(c)  the impact of the offence on its victims and the Aboriginal community to which the offender belongs or with which the offender has a close association or kinship,

(d)  the potential benefits to the offender, the victims, the Aboriginal community and the community generally should the offender participate in the program,

(e)  any other matter that it considers relevant.

(2)  The Aboriginal Community Justice Group to which an offender has been referred must report to the participating court that made the suitability assessment order in the form approved by the Minister within 14 days (or such further period as the court may allow) after the Group has been convened.

Division 3 The circle sentencing intervention program

35 Objectives of the program

The objectives of the program are as follows:

(a)  to include members of Aboriginal communities in the sentencing process,

(b)  to increase the confidence of Aboriginal communities in the sentencing process,

(c)  to reduce barriers between Aboriginal communities and the courts,

(d)  to provide more appropriate sentencing options for Aboriginal offenders,

(e)  to provide effective support to victims of offences by Aboriginal offenders,

(f)  to provide for the greater participation of Aboriginal offenders and their victims in the sentencing process,

(g)  to increase the awareness of Aboriginal offenders of the consequences of their offences on their victims and the Aboriginal communities to which they belong,

(h)  to reduce recidivism in Aboriginal communities.

36 Eligibility to participate in program

(1)  A person is eligible to participate in the program only if:

(a)  the person is an Aboriginal person, and

(b)  the person is an offender, and

(c)  the person has been assessed as suitable for participation in the program by the Aboriginal Community Justice Group for the declared place at a meeting convened in accordance with Division 2, and

(d)  the person enters into an agreement to participate in the program, and

(e)  the court considers that the facts, as found by the court, or as pleaded to by the person, in connection with the offence, together with the person’s antecedents and any other information available to the court, indicate that it is likely that the person will be required to serve, or be subject to, a relevant sentence.

(2)  In this clause, relevant sentence means:

(a)  any sentence of imprisonment, including a suspended sentence and a sentence the subject of an intensive correction order or home detention order under the Crimes (Sentencing Procedure) Act 1999, or

(b)  a community service order, or

(c)  an order providing for an offender to enter into a good behaviour bond.

cl 36: Am 2014 (143), Sch 1 [2] [3].

37 Measures that constitute the circle sentencing program

The program is constituted by the following measures:

(a)  Offender enters into agreement to participate in the program

A participating court refers an offender for participation in a circle sentencing intervention program by making a program participation order and the offender enters into an agreement to participate in the program.

(b)  Constitution of circle sentencing group

The Project Officer for the declared place, in consultation with the presiding Magistrate, convenes a circle sentencing group for the referred offender.

(c)  Circle sentencing group determines intervention plan for offender and recommends sentence

The circle sentencing group meets:

(i)  to determine an appropriate plan (if any) for the treatment or rehabilitation of the referred offender, and

(ii)  to recommend an appropriate sentence for the offender.

(d)  Offender to comply with intervention plan

The offender complies with the requirements of an intervention plan (if any) determined by the circle sentencing group.

Note—

Section 346 (1) of the Act defines intervention plan to mean a plan, agreement or arrangement arising out of the participation of an offender or an accused person in an intervention program.

38 Convening of circle sentencing group

(1)  A participating court that makes a program participation order in respect of a referred offender must notify the Project Officer for the declared place of the order.

(2)  The Project Officer must convene a circle sentencing group for the referred offender as soon as practicable after being notified of the making of a program participation order in respect of the offender.

(3)  A circle sentencing group must be convened at a location approved by the presiding Magistrate.

39 Constitution of circle sentencing group

(1)  A circle sentencing group for a referred offender must include the following persons:

(a)  the presiding Magistrate,

(b)  the offender,

(c)  the offender’s legal representatives (unless the offender directs otherwise),

(d)  the prosecutor,

(e)  the Project Officer,

(f)  at least 3 Aboriginal persons (but no more than the maximum number of persons specified in the guidelines) chosen by the Project Officer, being persons who the Project Officer is satisfied belong to the Aboriginal community of which the offender claims to be part or with which the offender claims to have a close association or kinship.

(2)  A circle sentencing group convened by a Project Officer may (but need not) include the following persons:

(a)  any victim of the offender’s offence who consents to participate in the group,

(b)  a support person for any such victim chosen by the victim,

(c)  a support person for the offender chosen by the offender,

(d)  any other person or persons chosen by the Project Officer, but only with the consent of the offender and, if a victim is participating, the consent of the victim.

(3)  A member of a circle sentencing group may object to the participation in the group of a person chosen by the Project Officer for the purposes of subclause (1) (f) or (2) (d). The presiding Magistrate is to determine any such objection.

(4)  The presiding Magistrate may invite any other person of a class specified by the guidelines to attend a circle sentencing group.

(5)  The guidelines may specify whether that person may or may not participate in the circle sentencing group.

40 Functions of circle sentencing groups

(1)  The functions of a circle sentencing group are as follows:

(a)  to determine an appropriate plan for the treatment or rehabilitation of a referred offender,

(b)  to recommend an appropriate sentence for the offender,

(c)  to provide support or other assistance to the offender in completing the program or an intervention plan arising out of the program,

(d)  such other functions as may be imposed or conferred on the group by this Division or the guidelines.

(2)  Without limiting subclause (1) (a), a circle sentencing group may require a referred offender to comply with a plan that includes requirements relating to any one or more of the following:

(a)  the conduct and good behaviour of the offender,

(b)  attendance for counselling or other treatment,

(c)  the supervision of the offender for the duration of the plan,

(d)  residence, association with other persons or attendance at specified locations,

(e)  involvement in activities, courses, training or employment for the purpose of promoting the re-integration of the offender into the community,

(f)  such other matters as the group considers would promote the treatment or rehabilitation of the offender.

41 Exclusions of persons from circle sentencing groups

(1)  The presiding Magistrate may exclude a person (other than the offender or a victim) from participation in a circle sentencing group if the Magistrate is satisfied that:

(a)  the person has a conflict of interest that would prevent the person from impartially discharging his or her obligations as a member of the group, or

(b)  the behaviour of the person is disrupting the orderly conduct of a meeting of the group.

(2)  The Magistrate may, with the agreement of the other members of the group, invite another person to replace a person who has been excluded from participating in the group under subclause (1). However, if the other members do not agree, the Project Officer is to convene a new circle sentencing group for the offender excluding any such person.

(3)  A person who is not a member of the circle sentencing group may not attend a meeting of the group unless all of the following persons consent:

(a)  the presiding Magistrate,

(b)  the offender,

(c)  the victim, if a victim is participating in the group.

42 Termination of circle sentencing group meeting

(1)  The presiding Magistrate may terminate a meeting of a circle sentencing group if the Magistrate is satisfied that the behaviour of a member of the group is disrupting the orderly conduct of the meeting.

(2)  If a meeting is terminated, the Magistrate may direct the Project Officer to convene a new circle sentencing group or the Magistrate may return the matter to the participating court.

43 Victims to be heard

If a victim agrees to participate in a circle sentencing group, the victim must be given an opportunity to express his or her views about the offender and the nature of the offence committed against the victim.

44 Procedure generally

(1)  The procedure for the calling of meetings of a circle sentencing group and the conduct of business at those meetings is, subject to this Division and the guidelines, to be as determined by the group.

(2)  The presiding Magistrate is to preside at a meeting of a circle sentencing group.

(3)  The quorum for a meeting of a circle sentencing group is all of the members of the group (other than members excluded under clause 41).

(4)  A decision supported by a majority of the members in a meeting of the circle sentencing group is to be treated as a decision of the whole group.

45 Records of meetings

(1)  The presiding Magistrate must make a record (or cause a record to be made) of the following matters in connection with a circle sentencing group:

(a)  the name, address and date of birth of the referred offender,

(b)  the nature of the offence,

(c)  the name of the Project Officer,

(d)  the names of the other members of the group and the capacity in which they participated,

(e)  the dates on, and the locations at, which the circle sentencing group met,

(f)  particulars of any intervention plan determined, or sentence recommended, by the group,

(g)  the major points of discussion of the group,

(h)  any other matter that the Magistrate considers relevant.

(2)  A copy of a record made under subclause (1) must be kept in the participating court’s file for the proceedings in respect of which a referred offender was referred.

46 Reconvening of the circle sentencing group

(1)  The Project Officer may, in consultation with the presiding Magistrate, reconvene a circle sentencing group after it has determined an intervention plan or recommended an appropriate sentence (or both) for a referred offender for the purpose of reconsidering any matter it had previously determined or recommended.

(2)  The members of the reconvened group should, so far as is reasonably possible, be the same members who participated in the original circle sentencing group.

(3)  A circle sentencing group cannot be reconvened if:

(a)  the period of 12 months has elapsed since the matter to be reconsidered was originally determined or recommended by the group, or

(b)  the court that referred the referred offender to the group has imposed a sentence on the offender for the offence (whether or not in the terms recommended by the group).

Division 4 Aboriginal Community Justice Groups

47 Minister to establish Group for each declared place

The Minister is to establish an Aboriginal Community Justice Group for each declared place.

48 Appointment of members of Groups

(1)  The Minister may appoint such Aboriginal persons as the Minister considers necessary to be members of an Aboriginal Community Justice Group established under this Part.

(2)  The Minister may make an appointment under subclause (1) only on the recommendation of the Project Officer for the declared place concerned.

(3)  A person appointed as a member under subclause (1) is appointed for a period of 3 years, unless before the expiry of that period:

(a)  the person resigns his or her appointment, or

(b)  the person’s appointment is revoked by the Minister.

(4)  A person appointed as a member under subclause (1) may resign his or her appointment by written notice to the Minister.

(5)  The Minister may revoke the appointment of a person as a member of an Aboriginal Community Justice Group at any time by written notice to the person.

(6)  Nothing in this clause prevents the Minister from re-appointing a person as a member of an Aboriginal Community Justice Group under subclause (1) following the expiry of a previous period of appointment or the revocation of a previous appointment.

49 Functions of Groups

The functions of an Aboriginal Community Justice Group include (but are not limited to) the following functions:

(a)  assessing the suitability of a referred offender to participate in the program and reporting to the participating court that referred the offender about the offender’s suitability,

(b)  such other functions as may be imposed or conferred on the Group by this Part or the guidelines.

50 Procedure

(1)  The procedure for the calling of meetings of an Aboriginal Community Justice Group and the conduct of business at those meetings is, subject to this Part and the guidelines, to be as determined by the Group.

(2)  The quorum for a meeting of an Aboriginal Community Justice Group is 3 members of the Group.

(3)  A decision supported by a majority of the members in attendance at a meeting of an Aboriginal Community Justice Group is to be treated as a decision of the whole Group.

Division 5 Miscellaneous

51 Project Officer (Circle Sentencing)

(1)  The Minister is to ensure that there is a Project Officer (Circle Sentencing) for each declared place.

(2)  The functions of a Project Officer include (but are not limited to) the following functions:

(a)  contacting victims of a referred offender for the purpose of ascertaining whether they wish to participate in a circle sentencing group for the offender,

(b)  informing any such offender of:

(i)  the processes involved in the program or in being assessed for participation in the program, and

(ii)  the offender’s obligations under the program or an intervention plan arising out of the program,

(c)  convening meetings of Aboriginal Community Justice Groups and circle sentencing groups,

(d)  monitoring the compliance of an offender with his or her obligations under the program or an intervention plan arising out of the program and reporting any non-compliance to the participating court that referred the offender and to the circle sentencing group for the court,

(e)  such other functions as may be imposed or conferred on the Project Officer by this Division or the guidelines.

52 Minister may issue guidelines

(1)  The Minister may from time to time issue guidelines, not inconsistent with this Part, for or with respect to any or all of the following matters:

(a)  the constitution and procedure for meetings of Aboriginal Community Justice Groups and circle sentencing groups,

(b)  the functions of such Aboriginal Community Justice Groups and circle sentencing groups and of members of such groups in connection with the program or assessment for participation in the program,

(c)  any other matter in respect of which guidelines are permitted or required by this Part.

(2)  Without limiting subclause (1), the guidelines may include provisions that:

(a)  apply generally, or

(b)  apply only in relation to specified persons, courts, groups or other bodies, or

(c)  apply only in specified circumstances, or

(d)  do a combination of the things referred to in paragraphs (a), (b) and (c).

53 Evidence of statements generally inadmissible

(1)  Evidence of anything said, or any admission made or document produced, in:

(a)  a meeting of a circle sentencing group concerning a referred offender, or

(b)  a meeting of an Aboriginal Community Justice Group held to assess a referred offender’s suitability to participate in the program,

is not admissible in any criminal or civil proceedings.

(2)  Subclause (1) does not apply to the criminal proceedings in respect of which a referred offender was referred or any appeal made in respect of those proceedings.

54 Prohibition on disclosure of information

(1)  A relevant program participant must not disclose any information obtained in connection with:

(a)  the assessment of a referred offender’s suitability to participate in the program, or

(b)  the conduct of the program or an intervention plan arising out of the program.

Maximum penalty: 20 penalty units.

(2)  Nothing in subclause (1) prevents a relevant program participant from disclosing information:

(a)  in connection with the conduct of an assessment of a referred offender’s suitability to participate in the program, or

(b)  to a victim of a referred offender about the outcome of a circle sentencing group for the offender, or

(c)  for the purposes of any legal proceedings, or

(d)  in accordance with a requirement of the Ombudsman Act 1974 or with any request made by the Ombudsman, or

(e)  with other lawful excuse.

(3)  In this clause:

relevant program participant means:

(a)  a member of an Aboriginal Community Justice Group, or

(b)  a person selected to participate in a circle sentencing group for a referred offender under clause 39 (1) (f) or (2) (b), (c) or (d).

Part 7 Forum sentencing intervention program

Division 1 Preliminary

55 Program declared to be intervention program

(1)  For the purposes of section 347 (1) of the Act, the program of measures described in this Part for dealing with offenders is declared to be an intervention program for the purposes of Part 4 of Chapter 7 of the Act.

(2) Excluded offences The following offences are prescribed for the purposes of section 348 (2) (g) of the Act in relation to that intervention program:

(a)  a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, but only in relation to an offence committed by an offender against another person with whom the offender has or has had an intimate domestic relationship,

(b)  an offence under section 60 or 93B of the Crimes Act 1900,

(b1)  an offence under section 10, 11, 11A, 11B, 11C, 12, 15, 16, 17, 18, 18A, 19 or 20 of the Drug Misuse and Trafficking Act 1985,

(c)  an offence under any of the following provisions of the Road Transport Act 2013 (or a former corresponding provision within the meaning of that Act):

(i)  section 53 (3),

(ii)  section 54 (1), (3), (4) or (5),

(iii)  section 71,

(iv)  section 110 (4),

(v)  clause 16 (1) (b) or 18 (1) (a) or (b) of Schedule 3,

(c1), (d)    (Repealed)

(e)  an offence under section 4, 11B or 11C of the Summary Offences Act 1988.

(3)  For the purposes of this clause, a person has or has had an intimate domestic relationship with another person if the person:

(a)  is or has been married to the other person, or

(b)  is or has been a de facto partner of the other person, or

Note—

De facto partner is defined in section 21C of the Interpretation Act 1987.

(c)  has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person, or

(d)  otherwise has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature,

but not if the person merely:

(e)  is living or has lived in the same household as the other person, or

(f)  is living or has lived as a long-term resident in the same residential facility as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 or a detention centre within the meaning of the Children (Detention Centres) Act 1987), or

(g)  is or has been a relative, within the meaning of section 6 of the Crimes (Domestic and Personal Violence) Act 2007, of the other person, or

(h)  in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.

cl 55: Am 2010 (660), Sch 1 [1]–[5]; 2013 No 19, Sch 4.14 [3].

56 Definitions

In this Part:

conference means a conference convened or proposed to be convened under Subdivision 2 of Division 3.

draft intervention plan means a draft intervention plan prepared under clause 76.

forum facilitator means a person appointed as a forum facilitator under Division 4.

forum participation order means:

(a)  a grant of bail that is subject to a condition referred to in section 36A (2) (b) (i) of the Bail Act 1978, or

(b)  an order referred to in section 11 (1) (b2) of the Crimes (Sentencing Procedure) Act 1999,

made in respect of an offender for the purpose of allowing the offender to participate in the program by attending a conference.

guidelines means guidelines issued by the Minister under clause 85.

intervention plan means an intervention plan arising out of the program that is the subject of an intervention plan order.

intervention plan order means any of the following orders of a participating court for the purposes of allowing a person to participate in the program by completing an intervention plan:

(a)  a grant of bail that is subject to a condition referred to in section 36A (2) (b) (i) of the Bail Act 1978,

(b)  an order referred to in section 10 (1) (c) or 11 (1) (b2) of the Crimes (Sentencing Procedure) Act 1999,

(c)  an order providing for an offender to enter into a good behaviour bond that contains a condition referred to in section 95A (1) of the Crimes (Sentencing Procedure) Act 1999.

offender means a person who has been found guilty of an offence before a participating court where that offence is an offence in respect of which an intervention program may be conducted as provided by section 348 of the Act.

operations team employee for a declared place or a court means an employee of the Department of Attorney General and Justice whose role includes giving assistance in relation to the program for that declared place or court.

participating court means the Local Court.

program means the program of measures described in Division 3.

program manager means an employee of the Department of Attorney General and Justice whose role includes managing the program.

referred offender means an offender who is the subject of a forum participation order or an intervention plan order.

senior forum facilitator means a person appointed as a senior forum facilitator by the program manager under Division 4.

suitability assessment order means:

(a)  a grant of bail that is subject to a condition referred to in section 36A (2) (a) of the Bail Act 1978, or

(b)  an order referred to in section 11 (1) (b1) of the Crimes (Sentencing Procedure) Act 1999,

made in respect of an offender for the purpose of allowing an assessment of the offender’s capacity and prospects for participation in the program to be made.

victim has the same meaning as victim of crime has for the purposes of the Victims Rights Act 1996.

cl 56: Am 2014 (143), Sch 1 [4]–[6].

57 Application

(1)  This Part applies only in respect of the Local Court sitting at a declared place.

(2)  For the purposes of this Part, a declared place means any place declared by the Minister to be a place for the program.

(3)  Each place at which sittings of a participating court could be held immediately before the commencement of the Miscellaneous Acts (Local Court) Amendment Act 2007 is taken to be a declared place.

(4)  Any declaration made, or taken to have been made, under this clause may be amended or revoked from time to time.

58 Summary of process for participation in program

(1)  The following is a summary of the process involved in referring an offender for participation in the program:

(a)  Suitability assessment order made

A participating court makes a suitability assessment order and the offender enters into an agreement to be subjected to an assessment of the offender’s capacity and prospects for participation in the program.

(b)  Operations team employee ensures that assessment is carried out of the appropriateness of the program for the offender

An operations team employee ensures that an assessment is carried out of the appropriateness of the offender’s case for being dealt with under the program.

(c)  Operations team employee ensures that assessment is carried out of offender’s suitability

If the offender’s case has been assessed as appropriate for being dealt with under the program, an operations team employee ensures that an assessment is carried out of the offender’s capacity and prospects for participation in the program.

(d)  Victim participation is sought

If the offender’s case has been assessed as appropriate for being dealt with under the program and the offender has been assessed as having the capacity and prospects for participation in the program, an operations team employee contacts any victim of the offender to ascertain whether the victim wishes to participate, or to have his or her nominated representative participate, in the conference.

(e)  Offender not eligible if offender’s case not appropriate, offender not suitable or no victim consents to participate

The offender will not be eligible to participate in any program if:

(i)  the offender’s case has been assessed as not appropriate for being dealt with under the program, or

(ii)  the offender has been assessed as not being suitable for participation in the program, or

(iii)  no victim wishes to participate, or to have his or her nominated representative participate, in any conference.

(f)  Participating court determines whether forum participation order should be made

However, if:

(i)  the offender’s case has been assessed as appropriate for being dealt with under the program, and

(ii)  the offender has been assessed as being suitable for participation in the program, and

(iii)  at least one victim wishes to participate, or to have his or her nominated representative participate, in a conference,

the participating court may make a forum participation order if it is satisfied that the offender is otherwise eligible for participation in the program, having regard to the matters set out in clause 63.

(g)  Offender enters into agreement to participate

The offender enters into an agreement to participate in the program.

(h)  Offender returned to court if offender becomes unsuitable or all victims withdraw consent to participate in conference

The offender will be returned to the court for the court to deal with if:

(i)  the offender becomes unsuitable to participate in the program, or

(ii)  all victims who wished to participate, or to have their nominated representatives participate, in a conference withdraw their consent to participate, or

(iii)  the offender’s case otherwise becomes inappropriate for being dealt with under the program.

(i)  Conference held and draft intervention plan for offender prepared

A conference is held. Participants are encouraged to agree to appropriate recommendations about the offender. A draft intervention plan is prepared that is based on any recommendations made, and agreed to, by participants in the conference.

(j)  Participating court considers draft intervention plan

Any draft intervention plan arising from the conference is referred to the participating court together with a report on the conference that is prepared by an operations team employee. If the court approves the draft intervention plan, it makes an intervention plan order.

(k)  Offender to comply with intervention plan

An offender who is subject to any such order must comply with the intervention plan. An operations team employee for the declared place supervises the implementation and completion of the intervention plan. An operations team employee notifies the court as to whether the plan is satisfactorily completed.

(l)  Effect of failure to comply with intervention plan

A failure to satisfactorily complete the intervention plan may result in the offender being returned to the court for the court to deal with the offender.

(2)  This clause does not affect the meaning or interpretation of any provision of this Part that it summarises.

cl 58: Am 2010 (660), Sch 1 [6] [7]. Subst 2014 (143), Sch 1 [7].

Division 2 Making assessments and ensuring victim participation

pt 7, div 2: Subst 2014 (143), Sch 1 [8].

59 Notification of suitability assessment order

A participating court that makes a suitability assessment order in respect of an offender must, within 7 days after making the order, notify an operations team employee for the declared place that it has done so.

cl 59: Subst 2014 (143), Sch 1 [8].

60 Assessment of appropriateness of offender’s case

(1)  As soon as practicable after any operations team employee has been notified of the making of a suitability assessment order, an operations team employee must ensure that an assessment is carried out of the appropriateness of the offender’s case for being dealt with under the program.

(2)  The assessment must be carried out in accordance with the guidelines.

(3)  If the offender’s case has been assessed as not being appropriate for being dealt with under the program, an operations team employee must report, in the form approved by the Minister, to the participating court that made the suitability assessment order at least 2 days before the date on which the court is due to continue the proceedings in respect of which the offender was referred.

cl 60: Am 2010 (660), Sch 1 [8]. Subst 2014 (143), Sch 1 [8].

60A Assessment of offender’s capacity and prospects for participation in program

(1)  As soon as practicable after any operations team employee has been notified of the making of a suitability assessment order and an assessment has been made that the offender’s case is appropriate for being dealt with under the program, an operations team employee must ensure that an assessment is carried out of the offender’s capacity and prospects for participation in the program.

(2)  The assessment must be carried out in accordance with the guidelines.

(3)  An operations team employee must report, in the form approved by the minister, to the participating court that made the suitability assessment order at least 2 days before the date on which the court is due to continue the proceedings in respect of which the offender was referred.

cll 60A–60C: Ins 2014 (143), Sch 1 [8].

60B Victim details may be sought

(1)  An operations team employee may request a relevant police officer or relevant prosecutor to provide the name, address and phone number of any victim of the offender.

(2)  The request may be made only if an operations team employee has made an assessment that the offender’s case is appropriate for being dealt with under the program and may be made for the purpose only of enabling compliance with clause 60C.

(3)  A relevant police officer or relevant prosecutor must provide an operations team employee with the information requested under this clause as soon as practicable and in any case no later than 72 hours after the request is made.

(4)  In this clause:

relevant police officer means:

(a)  any police officer responsible for investigating the offence to which the suitability assessment order relates, or

(b)  any senior police officer (within the meaning of section 332 of the Act) from that police officer’s command.

relevant prosecutor means any police prosecutor responsible for the prosecution of the offence to which the suitability assessment order relates.

cll 60A–60C: Ins 2014 (143), Sch 1 [8].

60C Victims must be contacted

(1)  An operations team employee must contact any victim of the offender to ascertain whether the victim wishes to participate, or to have his or her nominated representative participate, in a conference and must record the victim’s response in the report to the court under clause 60A (3).

(2)  Such contact may be made only if:

(a)  an operations team employee has made an assessment that the offender’s case is appropriate for being dealt with under the program, and

(b)  an operations team employee has made an assessment that the offender is suitable for participation in the program.

cll 60A–60C: Ins 2014 (143), Sch 1 [8].

Division 3 The forum sentencing program

Subdivision 1 Preliminary

61 Objectives of the program

The objectives of the program are as follows:

(a)  to provide for the greater participation in the justice process of offenders and victims and the families and support persons of offenders and victims,

(b)  to increase offenders’ awareness of the consequences of their offences for their victims and the community,

(c)  to promote the reintegration of offenders into the community,

(d)  to increase the satisfaction of victims with the justice process,

(e)  to increase the confidence of the community in the justice process,

(f)  to provide a participating court with an additional sentencing option,

(g)  to reduce re-offending.

62 Principles to guide the program

The principles that are to guide the operation of the program, including persons exercising functions under the program, are as follows:

(a)  the program should enhance the rights and place of victims in the justice process and have due regard to their interests,

(b)  conferences should be conducted in a way that promotes the active participation and empowerment of referred offenders and their victims, and the families and support persons of those offenders and victims, in responding to and resolving crime,

(c)  conferences should be conducted in a way that respects and takes into account the rights, needs, capacities, gender, sexuality and cultural and linguistic diversity of all participants, including the Aboriginality of any participants and any disability that any participants have,

(d)  conferences should be conducted in a way that assists referred offenders to understand and take responsibility for the offences they have committed,

(e)  an intervention plan should recognise the harm done, as a consequence of the offending behaviour of the referred offender to whom the plan applies, to any victims of that offender and the community,

(f)  an intervention plan should take account of the rights, needs, capacities, gender, sexuality, culture of, and language spoken by, the referred offender to whom the plan applies, including (if applicable) the Aboriginality of that offender,

(g)  if a referred offender has a disability, an intervention plan that applies to that offender should take account of any needs arising from that disability, especially needs arising from any communication or cognitive difficulties that the offender has.

cl 62: Am 2014 (143), Sch 1 [9].

63 Eligibility to participate in program

(1)  A person is eligible to be referred by a participating court to participate in a conference only if:

(a)  the person is an offender, and

(b)  the court considers that the facts, as found by the court, or as pleaded to by the person, in connection with the offence, together with the person’s antecedents and any other information available to the court, indicate that it is likely that a conviction will be recorded and that the person will be required:

(i)  to serve a sentence of imprisonment, including a suspended sentence or a sentence the subject of an intensive correction order or a home detention order under the Crimes (Sentencing Procedure) Act 1999, or

(ii)  to perform community service work in accordance with a community service order, or

(iii)  to enter into a good behaviour bond, and

(c)  the offender’s case has been assessed as appropriate for being dealt with under the program in accordance with clause 60, and

(d)  the offender has been assessed as suitable for participation in the program in accordance with clause 60A, and

(e)  at least one victim of the offender has agreed to participate, or to have his or her nominated representative participate, in a conference, and

(f)  the court considers that, if it refers the person to participate in the program, it is likely that the person will enter into an agreement to participate in the program.

(2)  A person is not eligible to be referred by a participating court to participate in a conference if, at the date on which the court proposes to make the referral, the person has been convicted of any of the following offences:

(a)  murder,

(b)  manslaughter,

(c)  a category 1 personal violence offence,

(d)  two or more category 2 personal violence offences (whether or not the same offence),

(e)  a relevant drug offence,

(f)  a serious firearms or weapons offence.

(3)  A reference in subclause (2) to a conviction for an offence does not include a reference to a conviction for:

(a)  the particular offence in respect of which a referral is proposed to be made, or

(b)  an offence committed by the person when the person was under 18 years of age, other than an offence that is a serious children’s indictable offence within the meaning of the Children (Criminal Proceedings) Act 1987.

(4)  In this clause:

category 1 personal violence offence means:

(a)  an offence under section 26, 27, 28, 29, 30, 31, 33, 61J, 61JA, 61K, 66A, 66B, 66C, 66EA, 66F, 73, 86, 96 or 98 of the Crimes Act 1900, or

(b)  an offence committed before the commencement of this Regulation under a law of New South Wales that constituted an offence of a similar nature to an offence referred to in paragraph (a).

category 2 personal violence offence means any of the following offences:

(a)  an offence under section 33A, 35 (1) or (3), 37, 38, 39 (1), 46, 47, 48, 61I, 61M, 80A, 87, 110, 195 (1) (b), (1A) (b) and (2) (b), 196 (1) (b) and (2) (b) or 198 of the Crimes Act 1900,

(b)  an offence under section 109, 111, 112, 113 or 249K of the Crimes Act 1900 if the circumstances of the offence involve an act of actual or threatened violence against a person,

(c)  an offence committed before the commencement of this Regulation under a law of New South Wales that constituted an offence of a similar nature to an offence referred to in paragraph (a) or (b).

relevant drug offence means any of the following offences:

(a)  an offence under section 23 (1), 24 (1) or 25 (1) or (1A) of the Drug Misuse and Trafficking Act 1985 (but only if the plant or drug concerned was found to be of a quantity that was at least twice the indictable quantity applicable under that Act at the date of the offence),

(b)  an offence under section 23 (1A) or (2), 24 (1A), (2) or (2A), 25 (2), (2A), (2C) or (2D) or 25A of that Act,

(c)  an offence under section 26 of that Act of conspiring to commit an offence referred to in paragraph (a) or (b),

(d)  an offence under section 27 of that Act of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a) or (b).

serious firearms or weapons offence means any of the following offences:

(a)  an offence under section 93G, 93GA, 93H (2), 93I (2) or 154D of the Crimes Act 1900,

(b)  an offence under section 7, 36, 50, 50A (2), 51 (1A) or (2A), 51A or 51D (2) of the Firearms Act 1996, being an offence that relates to a prohibited firearm or pistol,

(c)  an offence under section 51B or 51BB of the Firearms Act 1996.

cl 63: Am 2010 (660), Sch 1 [9]–[11]. Subst 2014 (143), Sch 1 [10].

63A (Repealed)

cl 63A: Ins 2010 (660), Sch 1 [12]. Rep 2014 (143), Sch 1 [11].

64 Measures that constitute the forum sentencing program

The program is constituted by the following measures:

(a)  Offender enters into agreement to participate in the program

A participating court refers an offender for participation in a conference by making a forum participation order and the offender enters into an agreement to participate in the program.

(b)  Forum facilitator arranges conference

A forum facilitator arranges a conference in respect of the offender.

(c)  Conference held and draft intervention plan prepared

A conference is held with the aim of determining an appropriate draft intervention plan for the offender. Any draft intervention plan arising from the conference is referred to the participating court.

(d)  Offender completes intervention plan

If the participating court makes an intervention plan order, the offender completes the intervention plan to which the order applies.

cll 64: Subst 2014 (143), Sch 1 [12].

65 Decision not to participate in program

(1)  If a referred offender decides not to participate, or to continue to participate, in the program, the referred offender is to notify this decision to an operations team employee or forum facilitator for the declared place at which the court that made the forum participation order or intervention plan order applying to that offender was sitting.

(2)  An operations team employee is to notify the court of the referred offender’s decision within 7 days after the referred offender gives notice under this clause.

cll 65: Subst 2014 (143), Sch 1 [12].

65A Victim withdraws consent to participate in conference or offender’s case otherwise becomes unsuitable for program

(1)  The program manager must as soon as practicable notify the court that made the forum participation order:

(a)  if, at anytime after the order was made and before any conference in respect of the referred offender is concluded, the program manager forms an opinion (with reference to the guidelines referred to in clauses 60 (2) and 60A (2), as appropriate):

(i)  that the offender’s case is no longer appropriate for being dealt with under the program, or

(ii)  that the offender is no longer suitable to participate in the program, or

(b)  if, at any time before a conference is held, all the victims of the referred offender who wished to participate, or have their nominated representative participate, in a conference withdraw their consent to participate.

(2)  The program manager may delegate his or her functions under this clause (other than this power of delegation) to an operations team employee.

cl 65A: Ins 2010 (660), Sch 1 [13]. Subst 2014 (143), Sch 1 [12].

Subdivision 2 Conferences

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

66 Notification of forum participation order

(1)  A participating court that makes a forum participation order must, within 7 days after making the order, notify an operations team employee for the declared place that it has done so.

(2)  As soon as practicable after being notified under this clause, an operations team employee must allocate a forum facilitator to facilitate a conference in respect of the offender to whom the order applies.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

67 Time limit for holding conferences

A conference is to be held in respect of a referred offender:

(a)  if practicable, within 56 days after an operations team employee is notified by the participating court that it has made a forum participation order applying to that offender, or

(b)  as soon as practicable after those 56 days have elapsed.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

68 Preparation for conferences

(1)  A forum facilitator must determine:

(a)  the date, time and location of any conference that the forum facilitator has been allocated to facilitate, and

(b)  the persons who are to be invited to participate in the conference.

(2)  The forum facilitator must, if practicable, before determining the matters referred to in subclause (1):

(a)  consult with:

(i)  an operations team employee for the court that made the forum participation order, and

(ii)  the referred offender concerned, and

(iii)  any victim of that offender, and

(b)  advise any such victim:

(i)  of the victim’s right to participate in the conference and to be accompanied by one or more support persons, and

(ii)  if the victim cannot, or elects not to, participate in the conference—of the victim’s right to be represented by a person nominated by the victim and to have the victim’s views about the matter conveyed to conference participants, and

(c)  consider the specific needs and expressed views or wishes of the referred offender and of any such victim.

(3)  Before the conference is held, the forum facilitator must notify the referred offender of the following information:

(a)  the offence in respect of which the conference is to be held,

(b)  the date, time and location of the conference,

(c)  the name of the forum facilitator,

(d)  any requirements to be met by the referred offender,

(e)  the right of the referred offender to decide not to participate, or to continue to participate, in the program, the requirement for the referred offender to notify an operations team employee of any such decision and the consequences of any such decision,

(f)  the consequences of failure to participate in the conference,

(g)  the right of the referred offender to obtain legal advice and where that advice may be obtained,

(h)  the right of the referred offender to have a legal practitioner participate in the conference in an advisory, but not in a representative, capacity,

(i)  the right of the referred offender to have one or more support persons participate in the conference.

(4)  Before the conference is held, the forum facilitator must take all reasonable steps to notify any other persons who are entitled to participate, or who the forum facilitator determines are to be invited to participate, of the date, time and location of the conference.

(5)  Before the conference is held, the forum facilitator must take all reasonable steps to provide persons who are to participate in the conference with information available to the forum facilitator that, in the forum facilitator’s opinion, will assist the participants to formulate a draft intervention plan.

(6)  Before the conference is held, the forum facilitator must ascertain, if practicable, the views about the matter of any persons who have been invited or are entitled to participate but have advised that they will not be participating.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

69 Participants in conferences

(1)  The following persons are entitled to participate in a conference:

(a)  the referred offender in respect of whom the conference is to be held,

(b)  the forum facilitator,

(c)  any victim of the referred offender or a person nominated by any such victim as a representative of the victim,

(d)  a police officer responsible for investigating the offence in respect of which the conference is proposed to be held or a person chosen by the police officer as a representative of the police officer,

(e)  any persons chosen by the referred offender as support persons for the referred offender,

(f)  a legal practitioner advising the referred offender,

(g)  any persons chosen by any victim of the referred offender as support persons for any such victim.

(2)  The forum facilitator may, after consulting with the referred offender and any victim of that offender who proposes to participate in the conference, invite any of the following persons to participate in the conference:

(a)  a member of the referred offender’s family nominated by the referred offender,

(b)  if the referred offender is subject to a good behaviour bond that requires supervision, a community service order or parole—the referred offender’s supervising officer,

(c)  an interpreter,

(d)  any other person of a class specified by the guidelines.

(3)  The following persons may be invited to attend, but not participate in, a conference, with the consent of the referred offender and any victim of that offender:

(a)  a senior forum facilitator,

(b)  an operations team employee for the court that made the forum participation order applying to the referred offender,

(c)  a person wishing to observe the conference for a research or educational purpose, including a police officer, a magistrate and a legal practitioner,

(d)  a person wishing to observe the conference for the purpose of monitoring or evaluating the program,

(e)  a member of the news media,

(f)  any other person of a class specified by the guidelines.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

70 Exclusion of persons from attending conference

If a forum facilitator forms the opinion that the presence of a person (other than a referred offender or any victim of that offender) may frustrate the purpose or conduct of a conference, the forum facilitator may exclude that person from attending, or continuing to attend, the conference.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

71 Conference may deal with more than one offender and offence

A conference may be held in respect of more than one offender and more than one offence.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

72 Views of persons invited but not in attendance

A forum facilitator must, at or before a conference, ensure that the participants are informed of the views of any person who is entitled or invited to attend, but is unable or declines to do so, if the forum facilitator is informed of those views.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

73 Facilitation of conferences to be in accordance with guidelines

A forum facilitator is to facilitate a conference in accordance with any guidelines on the facilitation of conferences.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

74 Representation at conferences

(1)  A referred offender is entitled to be advised, but not represented, by a legal practitioner at a conference.

(2)  A conference may be adjourned at any time for the purpose of allowing the referred offender to obtain advice from a legal practitioner.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

75 Non-attendance at conferences

If a referred offender fails, without reasonable explanation, to attend a conference, a forum facilitator or operations team employee must notify the court that made the forum participation order applying to the referred offender.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

76 Draft intervention plans

(1)  The participants at a conference may agree to make such recommendations as they think fit about the referred offender in respect of whom the conference is held and include those recommendations in a draft intervention plan.

(2)  Without limiting subclause (1), a draft intervention plan may provide for one or more of the following:

(a)  that the referred offender apologise to any victim of that offender orally or in writing,

(b)  that the referred offender make reparations to any such victim or the community,

(c)  that the referred offender participate in a program aimed at improving that offender’s prospects (for example, a counselling program, a drug or alcohol rehabilitation program or an education program),

(d)  the taking of action directed towards the reintegration of the referred offender into the community,

(e)  the times within which the plan is to be implemented.

(3)  The participants may not include in a draft intervention plan a requirement that the referred offender carry out work in the community for a period that exceeds the period applying to community service orders under section 8 of the Crimes (Sentencing Procedure) Act 1999.

(4)  A draft intervention plan is, if possible, to be determined by consensus of the participants in the conference and, subject to subclauses (5) and (6), may be agreed to by a majority of participants in the conference even though it is not agreed to by all the participants. In the absence of a consensus, a decision of a majority of the participants is a decision of the conference.

(5)  The referred offender, and any victim of that offender who personally attends the conference, each has a right of veto with respect to the whole of a draft intervention plan, or with respect to any recommendation proposed to be contained in a draft intervention plan, regardless of the views of any other participant in the conference who is not a victim.

(6)  A victim’s right of veto does not operate unless all victims who personally attend the conference agree to the veto.

(7)  The draft intervention plan is to be prepared in the form approved by the Minister.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

77 Draft intervention plan to be reported to court

(1)  An operations team employee must refer a draft intervention plan agreed to at the conference to the court that made the forum participation order.

(2)  An operations team employee must notify the court that made the forum participation order if a forum facilitator for a conference has informed an operations team employee that:

(a)  the participants at a conference are unable to agree to a draft intervention plan, or

(b)  the referred offender or any victim of that offender who has personally attended the conference has vetoed the draft intervention plan.

(3)  An operations team employee must also provide to the court a report (prepared by the forum facilitator in the form approved by the Minister) on the following matters:

(a)  the name, address and date of birth of the referred offender,

(b)  the nature of the offence in respect of which the conference has been held,

(c)  the name of the forum facilitator,

(d)  the names of the other persons who attended the conference and, if they participated, the capacity in which they participated,

(e)  the dates on, and locations at, which the conference was held,

(f)  any recommendation contained in the draft intervention plan that has been agreed to at the conference other than by consensus (including the name of any participant who did not agree with the recommendation and any reason given by the participant for not agreeing with the recommendation),

(g)  any failure of the conference to agree to recommendations that could be included in a draft intervention plan,

(h)  the major points of discussion in the course of the conference,

(i)  any other matter that the forum facilitator considers relevant, such as anything noted at the conference that the facilitator considers could assist in explaining the context for particular recommendations.

(4)  A referral, notification or report under this clause must be made or provided at least 2 days before the date on which the court is due to continue the proceedings in respect of which the referred offender was referred.

pt 7, div 3, sdiv 2 (cll 66–77): Subst 2014 (143), Sch 1 [13].

Subdivision 3 Intervention plans

pt 7, div 3, sdiv 3 (cll 78–80): Subst 2014 (143), Sch 1 [14].

78 Referring back draft intervention plans

(1)  If a court has concerns about a draft intervention plan referred to the court under Subdivision 2, it may:

(a)  consult with an operations team employee for the declared place in relation to its concerns, or

(b)  notify an operations team employee for the declared place of its concerns and refer the draft plan for consideration under this clause.

(2)  The operations team employee:

(a)  must ascertain whether the referred offender to whom the draft intervention plan applies and all of the relevant victims (if any) agree to consider the court’s concerns about the draft intervention plan, and

(b)  if they do so, must arrange for the referred offender and those victims to consider the court’s concerns.

(3)  If the referred offender and all of the relevant victims (if any) agree to consider the court’s concerns, they are to do so:

(a)  if practicable, within 7 days after an operations team employee is notified by the court under subclause (1), or

(b)  as soon as practicable after those 7 days have elapsed.

(4)  On considering the court’s concerns, the referred offender and the relevant victims (if any) may decide to vary the draft intervention plan or decide not to vary the draft intervention plan.

(5)  Any such decision is, if practicable, to be made by consensus of the referred offender and the relevant victims (if any). In the absence of a consensus, a decision of a majority of the persons concerned is sufficient.

(6)  The referred offender and any relevant victim each has a right of veto with respect to any proposed variation to the draft intervention plan. However, a victim’s right of veto does not operate unless all such victims agree to the veto.

(7)  A draft intervention plan cannot be varied under this clause to require that the referred offender carry out work in the community for a period that exceeds the period applying to community service orders under section 8 of the Crimes (Sentencing Procedure) Act 1999.

(8)  The operations team employee must notify the court of:

(a)  any failure of the referred offender and the relevant victims (if any) to agree to consider the court’s concerns, or

(b)  any decision made under subclause (4) to vary or not to vary the draft intervention plan, or

(c)  any failure of the referred offender and the relevant victims (if any) to agree on a decision under subclause (4), or

(d)  any veto of a proposed variation of the draft intervention plan.

(9)  A notice under subclause (8) must be given within 7 days (or such further period as the court may allow) after:

(a)  the date on which the operations team employee ascertains that the referred offender and the relevant victims (if any) do not agree to consider the court’s concerns, or

(b)  the final date on which a decision about the draft intervention plan is made under subclause (4), or

(c)  if the referred offender and the relevant victims (if any) fail to agree on a decision about the draft intervention plan under subclause (4), the date on which the operations team employee becomes aware that they have failed to do so.

(10)  The court may not refer concerns about a draft intervention plan on more than one occasion under this clause.

(11)  In this clause:

relevant victim means any victim of the referred offender who personally attended the conference at which the draft intervention plan was determined and is able to be contacted.

pt 7, div 3, sdiv 3 (cll 78–80): Subst 2014 (143), Sch 1 [14].

79 Notification of approval or refusal

(1)  Following its consideration of any draft intervention plan referred to a court under Subdivision 2 (including any draft intervention plan varied under clause 78 (4)) the court is to notify an operations team employee for the declared place of the following matters:

(a)  if the court approves the draft intervention plan—the terms of any intervention plan order made in respect of the referred offender to whom the plan applies, which may include the date by which the plan must be completed,

(b)  if the court does not approve the draft intervention plan:

(i)  that it has not approved the draft intervention plan, and

(ii)  its reasons for not doing so.

(2)  The court is to notify an operations team employee within 7 days after making its decision to approve or not approve the intervention plan.

(3)  An operations team employee is to notify the following persons of the court’s decision to approve or not approve the draft intervention plan within 7 days after being notified by the court under subclause (2):

(a)  the forum facilitator,

(b)  any victim of the referred offender,

(c)  any police officer responsible for investigating the offence in respect of which that offender was referred to the program.

pt 7, div 3, sdiv 3 (cll 78–80): Subst 2014 (143), Sch 1 [14].

80 Implementation of intervention plan

(1)  If a participating court makes an intervention plan order, an operations team employee for the declared place at which the intervention plan order was made is to supervise the implementation and completion of the applicable intervention plan by the referred offender to whom that order applies.

(2)  The operations team employee must notify the following as to whether or not the intervention plan is satisfactorily completed by the referred offender:

(a)  the court,

(b)  the forum facilitator,

(c)  any victim of the referred offender,

(d)  any police officer responsible for investigating the offence in respect of which that offender was referred to the program.

(3)  If the intervention plan has not been satisfactorily completed, the operations team employee must notify the court of:

(a)  any reasons of which any operations team employee is aware for the referred offender’s failure to complete the plan satisfactorily, and

(b)  if the plan has been partially completed, the extent to which it has been completed, and

(c)  any other matter that an operations team employee considers relevant.

pt 7, div 3, sdiv 3 (cll 78–80): Subst 2014 (143), Sch 1 [14].

Division 4 Forum facilitators and senior forum facilitators

pt 7, div 4 (cll 81–84): Subst 2014 (143), Sch 1 [15].

81 Forum facilitators

(1)  The Secretary may appoint a person as a forum facilitator, including a police officer in the police officer’s private capacity and an employee of a Department in the employee’s private capacity.

(2)  A forum facilitator has the following functions:

(a)  to prepare for, and to hold, conferences referred to the forum facilitator by an operations team employee,

(b)  any other functions conferred or imposed on the forum facilitator by this Part or any guidelines.

(3)  Subject to clause 84, a forum facilitator holds office for such period (not exceeding 3 years) as is specified in the facilitator’s instrument of appointment, but may be re-appointed.

pt 7, div 4 (cll 81–84): Subst 2014 (143), Sch 1 [15].

82 Senior forum facilitators

(1)  The program manager may appoint a forum facilitator as a senior forum facilitator.

(2)  A senior forum facilitator has the following functions:

(a)  to mentor new forum facilitators,

(b)  to conduct assessments of forum facilitators,

(c)  to conduct forum facilitator debrief meetings,

(d)  any other functions conferred or imposed on the senior forum facilitator by this Part or any guidelines.

(3)  Subject to clause 84, a senior forum facilitator holds office for such period (not exceeding 3 years) as is specified in the facilitator’s instrument of appointment, but may be re-appointed.

pt 7, div 4 (cll 81–84): Subst 2014 (143), Sch 1 [15].

83 Remuneration of forum facilitators and senior forum facilitators

(1)  A forum facilitator is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the forum facilitator.

(2)  A senior forum facilitator is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the senior forum facilitator.

pt 7, div 4 (cll 81–84): Subst 2014 (143), Sch 1 [15].

84 Vacancy in office of forum facilitators and senior forum facilitators

(1)  A person’s appointment as a forum facilitator or a senior forum facilitator is automatically terminated if the person:

(a)  dies, or

(b)  completes a term of office and is not re-appointed, or

(c)  resigns the office by instrument in writing addressed to the Secretary, or

(d)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(e)  becomes a mentally incapacitated person, or

(f)  is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

(2)  The Secretary may remove a forum facilitator or senior forum facilitator from office at any time.

pt 7, div 4 (cll 81–84): Subst 2014 (143), Sch 1 [15].

Division 5 Miscellaneous

85 Minister may issue guidelines

(1)  The Minister may from time to time issue guidelines, not inconsistent with this Part, for or with respect to any of the following matters:

(a)  the functions of operations team employees or other persons in connection with assessments,

(b)  the functions of operations team employees, senior forum facilitators or forum facilitators in connection with the program,

(c)  the constitution of and procedure for conferences,

(d)  any other matter in respect of which guidelines are permitted or required by this Part.

(2)  Without limiting subclause (1), the guidelines may include provisions that:

(a)  apply generally, or

(b)  apply only in relation to specified persons, courts, groups or other bodies, or

(c)  apply only in specified circumstances, or

(d)  do a combination of the things referred to in paragraphs (a), (b) and (c).

cl 85: Am 2014 (143), Sch 1 [16].

86 Evidence of statements generally inadmissible

(1)  Evidence of anything said, or any admission made or document produced, in a conference concerning a referred offender is not admissible in any criminal or civil proceedings.

(2)  Subclause (1) does not apply to the criminal proceedings in respect of which a referred offender was referred or any appeal made in respect of those proceedings.

(3)  Despite subclause (2), evidence of any admission made by a referred offender in a conference is not admissible in the criminal proceedings in respect of which the referred offender was referred or any appeal in respect of those proceedings.

(4)  A reference in this clause to a conference includes a reference to a forum conducted under this Part before the commencement of the Criminal Procedure Amendment (Forum Sentencing Intervention Program) Regulation 2014.

cl 86: Am 2014 (143), Sch 1 [17] [18].

87 Prohibition on disclosure of information

(1)  A relevant program participant must not disclose the name of, or any other identifying information about, a referred offender or a victim of a referred offender that is obtained in connection with:

(a)  the assessment of the appropriateness of the offender’s case for being dealt with under the program, or

(b)  the assessment of the referred offender’s suitability to participate in the program, or

(c)  the conduct of the program or an intervention plan arising out of the program.

Maximum penalty: 20 penalty units.

(2)  Nothing in subclause (1) prevents a relevant program participant from disclosing the information referred to in that subclause:

(a)  to any of the following persons:

(i)  the referred offender,

(ii)  a senior forum facilitator,

(iii)  a forum facilitator,

(iv)  any victim of the referred offender,

(v)  any police officer responsible for investigating the offence in respect of which the referred offender was referred to the program,

(vi)  if the referred offender is subject to a good behaviour bond that requires supervision, a community service order or parole—the referred offender’s supervising officer,

(vii)  an operations team employee, or

(b)  for the purposes of any legal proceedings, or

(c)  in accordance with a requirement of the Ombudsman Act 1974 or with any request made by the Ombudsman, or

(d)  with other lawful excuse.

(3)  Nothing in subclause (1) prevents an operations team employee for a declared place from disclosing the information referred to in that subclause to a person for the purpose of monitoring or evaluating the program.

(4)  In this clause:

identifying information in relation to a person means any information that identifies the person or that is likely to lead to the identification of the person.

relevant program participant means any of the following:

(a)  an operations team employee,

(b)  a person carrying out an assessment as to whether or not the offender’s case is appropriate for being dealt with under the program,

(c)  a person carrying out an assessment of a referred offender’s capacity and prospects for participating in the program,

(d)  a senior forum facilitator,

(e)  a forum facilitator,

(f)  a person entitled or invited to participate in, or attend, a conference and a person attending any such conference,

(g)  a person entitled to consider a draft intervention plan under clause 78 and any person who does so.

cl 87: Subst 2014 (143), Sch 1 [19].

Part 8 Traffic offender intervention program

Division 1 Preliminary

88 Program declared to be intervention program

For the purposes of section 347 (1) of the Act, the program of measures described in this Part for dealing with offenders is declared to be an intervention program for the purposes of Part 4 of Chapter 7 of the Act.

89 Definitions

In this Part:

approved traffic course means a course of study or training conducted by a government agency or an association that is approved under Division 4.

approved traffic course provider means the person, association or body that conducts an approved traffic course.

association means:

(a)  an association registered under the Associations Incorporation Act 2009, or

(b)  an Aboriginal and Torres Strait Islander corporation within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth.

government agency means any person, department or body exercising executive or administrative functions on behalf of the Government.

guidelines means guidelines issued by the Minister under Division 5.

program means the program of measures described in Division 3.

program participation order means a grant of bail by, or other order of, the Local Court made in respect of a traffic offender for the purpose of allowing the offender to participate in the program by undertaking an approved traffic course specified by the Court.

referral means the referral of a traffic offender under a program participation order for participation in the program by undertaking an approved traffic course.

referred traffic offender means a traffic offender who is the subject of a program participation order.

traffic offence means:

(a)  an offence under the road transport legislation (within the meaning of the Road Transport Act 2013), or

(b)  an offence under the former road transport legislation (within the meaning of Part 2 of Schedule 4 to the Road Transport Act 2013).

traffic offender means a person who has pleaded guilty to, or has been found guilty of, a traffic offence before the Local Court where that offence is an offence in respect of which an intervention program may be conducted as provided by section 348 of the Act.

victim has the same meaning as victim of crime has for the purposes of the Victims Rights Act 1996.

working day means any day that is not a Saturday, Sunday or public holiday.

cl 89: Am 2013 No 19, Sch 4.14 [4].

90 Summary of process for participation in program

(1)  The following is a summary of the process involved in referring a traffic offender for participation in the program:

(a)  Court determines whether an offender may be referred for participation

The Local Court determines whether a traffic offender may be referred to the program having regard to the matters specified in Division 2.

(b)  Court makes a program participation order

If the Local Court determines that a traffic offender is a suitable person for participation in the program and a suitable approved traffic course is available, the Court may then make a program participation order if it is satisfied that the offender is otherwise eligible to participate. The order will specify the approved traffic course that the offender is to undertake.

(c)  Traffic offender enters into agreement to participate

The traffic offender enters into a written agreement to participate in the program as a condition of bail or deferral of sentence.

(d)  Traffic offender to comply with requirements of approved traffic course

The traffic offender complies with the requirements of the approved traffic course. A failure to do so may result in the offender being returned to the Local Court for the Court to deal with the offender.

(2)  This clause does not affect the meaning or interpretation of any provision of this Part that it summarises.

Division 2 Determining eligibility to participate in program

91 Eligibility to participate in program

(1)  A person is eligible to be referred by the Local Court to participate in the program only if:

(a)  the person is a traffic offender, and

(b)  the person has not been sentenced for the traffic offence, and

(c)  the person enters into a written agreement to participate in the program, and

(d)  the Court considers that, having regard to the matters referred to in subclause (2), the person is suitable for participation in the program.

(2)  The Local Court is to have regard to the following matters in determining whether a traffic offender is suitable for participation in the program:

(a)  the extent to which the offender’s character, antecedents, age, health and mental condition would be likely to prevent the offender’s participation in the program or disrupt the conduct of the program,

(b)  the nature of the offence committed by the offender,

(c)  any extenuating circumstances in which the traffic offence was committed,

(d)  the impact of the offence on the community and the victim of the offence (if any),

(e)  the offender’s history of convictions for traffic offences (if any),

(f)  such other matters as the Court considers relevant.

(3)  When considering a traffic offender’s history for the purposes of subclause (2), the Local Court is to consider the following:

(a)  whether this is the traffic offender’s first offence,

(b)  if it is not the traffic offender’s first offence, the nature and seriousness of any previous offence or offences.

Division 3 The traffic offender intervention program

92 Objectives of the program

The objective of the program is to provide a community based road safety educational program for referred traffic offenders:

(a)  to provide such offenders with the information and skills necessary to develop positive attitudes to driving and to change driving behaviour, and

(b)  to develop safer driving behaviour in such offenders.

93 Measures that constitute the program

The program is constituted by the following measures:

(a)  Court refers traffic offender to approved traffic course

The Local Court refers an offender for participation in the program by making a program participation order that specifies the approved traffic course that the offender is to undertake and the offender enters into a written agreement to participate in the program.

(b)  Referred traffic offender to participate in course

The referred traffic offender complies with the requirements of the approved traffic course that the Local Court has required the offender to undertake.

(c)  Approved traffic course provider reports to Local Court on compliance

The approved traffic course provider makes a written report to the Local Court as to the referred traffic offender’s compliance with the requirements of the approved traffic course before the Court finalises the matter.

94 Reports to Local Court on compliance

The approved traffic course provider that conducts the approved traffic course to which a referred traffic offender has been referred must report to the Local Court in the form approved by the Minister on the extent to which the offender has complied with the requirements of the program no later than 5 working days before the date fixed by the Court for the offender to re-appear before the Court to finalise the matter.

95 Approved traffic course provider to make records

The approved traffic course provider that conducts the approved traffic course to which a referred traffic offender has been referred must make a record (or cause a record to be made) of the following matters in connection with the participation of the offender in the course:

(a)  the name, address and date of birth of the offender,

(b)  the nature of the traffic offence,

(c)  the extent to which the offender has complied with the requirements of the course (including attendance at the course and assessment criteria for the course),

(d)  any fees or other moneys paid by the offender to the provider in relation to the course,

(e)  any other matters specified by the guidelines or that the provider considers relevant.

Division 4 Approved traffic courses

96 Secretary may approve courses for program

(1)  The Secretary may, by order published in the Gazette, approve a course of study or training as an approved traffic course for the purposes of the program.

(2)  The Secretary may approve a course of study or training under subclause (1):

(a)  on the Director-General’s own motion, or

(b)  on the application (in the form approved by the Secretary from time to time) of the government agency or association that conducts the course.

(3)  The Secretary may approve a course of study or training under subclause (1) only if:

(a)  the course is to be conducted by a government agency or by an association, and

(b)  the course provider has submitted a statement to the Secretary in the form approved by the Secretary from time to time that sets out the following:

(i)  the objectives of the course,

(ii)  an outline of the content of the course,

(iii)  assessment criteria for the course, including the minimum rate of attendance by course participants,

(iv)  an itemised proposed fee structure for course participants,

(v)  details of proposed monitoring of the course and evaluation mechanisms for the course, and

(c)  the course consists of the following kinds of measures:

(i)  measures that aim to improve the understanding of course participants of their legal obligations as road users,

(ii)  measures that aim to develop safe driving behaviour by course participants,

(iii)  measures to inform course participants about the potential impact of traffic offences on the victims of such offences and on the community generally, and

(d)  the Secretary is satisfied that any fee that is proposed to be charged for participation in the course is being charged on a cost recovery basis and not for profit, and

(e)  the Secretary is satisfied that the course complies with any relevant guidelines for the content or conduct of approved traffic courses.

(4)  A course of study or training approved under subclause (1) may be approved for all Local Courts or for only such Local Courts as may be specified in the order approving the course.

(5)  The Secretary may at any time and for any reason revoke an approval for a course of study or training under subclause (1) by order published in the Gazette.

(6)  An approval for a course of study or training under subclause (1) has effect for a period of 3 years, unless sooner revoked.

(7)  Nothing in subclause (6) prevents the Secretary from re-approving a course of study or training under subclause (1) after a previous approval for the study or training has ceased to have effect.

cl 96: Am 2014 (143), Sch 1 [20].

97 Approved traffic course to comply with guidelines

An approved traffic course provider that conducts an approved traffic course is to ensure that:

(a)  the course complies with any content requirements specified in the guidelines that are relevant to the course, and

(b)  the course is otherwise conducted in accordance with any guidelines that are relevant to the course.

Division 5 Miscellaneous

98 Minister may issue guidelines

(1)  The Minister may issue guidelines, not inconsistent with this Part, from time to time with respect to any or all of the following matters:

(a)  the keeping of records in respect of participation in the program or approved traffic courses undertaken as part of the program,

(b)  the monitoring of participation of referred traffic offenders in the program and in approved traffic courses undertaken as part of the program,

(c)  the functions and responsibilities of approved traffic course providers in connection with the program,

(d)  the content and conduct of approved traffic courses,

(e)  the process of identifying the availability of a suitable approved traffic course,

(f)  any other matter in respect of which guidelines are permitted or required by this Part.

(2)  Without limiting subclause (1), the guidelines may include provisions that:

(a)  apply generally, or

(b)  apply only in relation to specified persons, courts, groups or other bodies, or

(c)  apply only in specified circumstances, or

(d)  do a combination of the things referred to in paragraphs (a), (b) and (c).

99 Evidence of statements generally inadmissible

(1)  Evidence of anything said, or any admission made, by a referred traffic offender in the course of participating in an approved traffic course is not admissible in any criminal or civil proceedings.

(2)  Subclause (1) does not apply to the criminal proceedings in respect of which a referred traffic offender was referred.

100 Prohibition on disclosure of information

(1)  An approved traffic course provider that conducts an approved traffic course undertaken by a referred traffic offender as part of the program (or any person involved in conducting the course for or on behalf of the provider) must not disclose the name of, or any other identifying information about, the offender that is obtained in connection with the conduct of the program or course.

Maximum penalty: 20 penalty units.

(2)  Nothing in subclause (1) prevents an approved traffic course provider or person from disclosing information of the kind referred to in that subclause:

(a)  in connection with the conduct of the program or an approved traffic course undertaken as part of the program, or

(b)  for the purposes of any legal proceedings, or

(c)  in accordance with a requirement of the Ombudsman Act 1974 or with any request made by the Ombudsman, or

(d)  with other lawful excuse.

Part 9 Miscellaneous

101 Public officers

(1)  For the purposes of paragraph (f) of the definition of public officer in section 3 (1) of the Act, the following bodies are declared to be public bodies:

(a)  the Independent Commission Against Corruption,

(b)  the Royal Society for the Prevention of Cruelty to Animals, New South Wales,

(c)  the Animal Welfare League NSW,

(d)  the Australian Federal Police,

(e)  the Australian Securities and Investments Commission,

(f)  the Australian Health Practitioner Regulation Agency,

(g)  the Office of the Commonwealth Director of Public Prosecutions,

(h)  the Police Integrity Commission.

(2)  For the purposes of the definitions of public officer in sections 218 (2) and 257E (2) of the Act, an officer or employee of any of the following bodies is prescribed as a person who is not a public officer:

(a)  the Royal Society for the Prevention of Cruelty to Animals, New South Wales,

(b)  the Animal Welfare League NSW,

(c)  the Australian Federal Police,

(d)  the Australian Securities and Investments Commission,

(e)  the Office of the Commonwealth Director of Public Prosecutions.

102 Certificate by Attorney General or Director of Public Prosecutions that no further proceedings to be taken

For the purposes of section 44 (1) of the Act, Form 4 is the prescribed form of certificate.

103 Offences not within jurisdiction of District Court

For the purposes of section 46 (2) of the Act, the offences referred to in sections 12 and 19A of the Crimes Act 1900 are prescribed as being offences that are not within the jurisdiction of the District Court.

104 Issue of subpoenas in AVO proceedings

For the purposes of section 220 of the Act, proceedings for or relating to an apprehended violence order commenced under the Crimes (Domestic and Personal Violence) Act 2007 are prescribed as proceedings to which Part 3 of Chapter 4 of the Act applies.

105 Election not to have indictable offence dealt with summarily

(1)  For the purposes of section 265 (1) (b) of the Act, Form 5 is the prescribed form of words for the statement about a person’s right to make an election and the consequences of not making an election.

(2)  For the purposes of section 266 (2) (a) of the Act, an election may be made orally to the Local Court or by filing a written notice with the Court.

(3)  For the purposes of section 266 (2) (b) of the Act, the withdrawal of an election may be made orally to the Local Court or by filing a written notice with the Court.

106 Penalty notice offences

(1)  For the purposes of section 336 of the Act, each offence created by a provision specified in Column 1 of Schedule 3 is prescribed as a penalty notice offence.

(2)  For the purposes of section 337 of the Act, the prescribed penalty for any such offence is the amount specified in Column 2 of Schedule 3 opposite the offence.

107 Delegation of functions

(1)  The registrar of a court may delegate to any person the exercise of any of the functions conferred on the registrar by this Regulation, other than this power of delegation.

(2)  The Sheriff may delegate to any person the exercise of any of the functions conferred on the Sheriff by this Regulation, other than this power of delegation.

108 Savings

(1)  Any act, matter or thing that, immediately before the repeal of the Criminal Procedure Regulation 2005, had effect under that Regulation continues to have effect under this Regulation.

(2)  The amendments to this Regulation made by the Criminal Procedure Amendment (Forum Sentencing Program) Regulation 2010 apply only in relation to criminal proceedings commenced on or after the commencement of that Regulation and offenders the subject of such proceedings.

(3)  An offender in relation to whom a suitability assessment order has been made before the commencement of the Criminal Procedure Amendment (Forum Sentencing Intervention Program) Regulation 2014 and in relation to whom the program under Part 7 had not been completed before that commencement, is to be dealt with under Part 7 as if that Regulation had not been made.

(4)  From 31 March 2014 to 31 March 2015, the functions of an operations team employee under Part 7 may be exercised by a program administrator (within the meaning of that Part immediately before the commencement of the Criminal Procedure Amendment (Forum Sentencing Intervention Program) Regulation 2014).

cl 108: Am 2010 (660), Sch 1 [14]; 2014 (143), Sch 1 [22].

Schedule 1 Forms

(Clause 3 (2))

Form 1

(Clause 20)

Notice of intention to adduce evidence of substantial mental impairment

(Criminal Procedure Act 1986: section 151 (1))

R v [insert name of defendant]

To the Director of Public Prosecutions:

The defendant [insert name of defendant] has been committed for trial on a charge of murder. The trial is listed for hearing on [insert date] at [insert name of court].

In accordance with section 151 of the Criminal Procedure Act 1986, notice is given to the Director of Public Prosecutions that the defendant intends to adduce evidence tending to prove a contention by the defendant that the defendant is not liable to be convicted of murder by virtue of section 23A of the Crimes Act 1900.

The defendant intends to rely on the evidence of the following persons in support of that contention [insert the name, occupation and address of each person to be called by the defendant, and include (in relation to each such person) a short statement of the particulars of the evidence that the person proposes to give].

Note—

If more space is needed, attach material to this form.

[insert signature of defendant or defendant’s legal practitioner]
Defendant/defendant’s legal practitioner

Date:

Form 2

(Clause 26)

Reasons for excusing a spouse from giving evidence for the prosecution in a domestic violence or child assault case

(Criminal Procedure Act 1986: section 279 (5) (b))

On this date, I, the undersigned, a Judge of the Supreme Court/Judge of the District Court/Magistrate, sitting at [insert location] in the State of New South Wales, dealt with an application under section 279 of the Criminal Procedure Act 1986, that [insert name of person to be excused] be excused from giving evidence for the prosecution in proceedings against [insert name of person charged] charged with the following offence [insert offence].

I am satisfied, for the reasons stated below, that the application to be excused was made freely and independently of threat or any other improper influence by any person and that:

(a)  it is relatively unimportant to the case to establish the facts in relation to which it appears that the spouse of the accused person is to be asked to give evidence or there is other evidence available to establish those facts, and

(b)  the offence with which the accused person is charged is of a minor nature.

Reasons:

[insert signature of Judge or Magistrate]
Judge/Magistrate

Date:

Form 3

(Clause 27)

Form of deposition

(Criminal Procedure Act 1986: section 284 (2))

The deposition of [insert name of person], a person now dangerously ill, taken before the undersigned Justice at [insert location]. [insert name of person], being duly sworn, states as follows:

Note—

The witness’s statement is to be in the first person, and should be reasonably full as to all material facts. The statement should be signed by the witness.

And I hereby certify that I have taken this deposition under section 284 of the Criminal Procedure Act 1986 because it has been made to appear to me that the deponent is dangerously ill and that his or her evidence, if not immediately taken, will probably be lost.

[insert signature of Justice]
Justice

Date:

Note—

If the deposition is by affirmation or declaration, the form is to be varied accordingly.

Form 4

(Clause 102)

Certificate of Attorney General or Director of Public Prosecutions

(Criminal Procedure Act 1986: section 44 (1))

This is to certify that no further proceedings are to be taken with respect to [insert name of person], a person who is in custody on remand in the correctional centre at [insert name of correctional centre], under the order of [insert name of Judge], a Judge of the Supreme Court, or [insert name of Justice], Justice, on the following charge:

To their Honours the Judges of the Supreme Court.

}

[insert signature of Attorney General or Director of Public Prosecutions]
Attorney General/Director of Public Prosecutions

Date:

Form 5

(Clause 105)

Important information about your rights

(Criminal Procedure Act 1986: section 265 (1) (b))

To [insert name of person charged] charged with the offence of [insert offence] before the [insert name of court].

You have a right to make an election

The offence with which you have been charged is an indictable offence. That means that you may be dealt with by a jury.

If you want to be dealt with by a jury you must elect to have the offence dealt with that way.

If you are dealt with by a jury and are found guilty the maximum penalty/term is [insert maximum penalty or term].

If you do not elect to be dealt with by a jury, you will be dealt with summarily by a Magistrate of the Local Court sitting alone.

If the offence is dealt with summarily by a Magistrate and you are found guilty, the maximum penalty/term is [insert maximum penalty or term].

You will shortly be provided with a copy of the brief of evidence against you and with your criminal history.

You have to make your decision within [insert number of days] days of being served with a copy of the brief of evidence.

You may wish to seek legal advice before you make an election.

Regardless of what you do, the prosecuting authority can elect to have the offence dealt with on indictment.

Schedule 2 Fees

(Clauses 10 and 11)

Part 1 Court fees

Item	Matter for which fee payable	Fee
1	Filing a court attendance notice under Chapter 4 of the Criminal Procedure Act 1986 to commence proceedings to which Parts 2–4 of that Chapter apply	$85.00
2	Filing an application under Chapter 4 of the Criminal Procedure Act 1986 to commence proceedings to which Part 5 of that Chapter applies, being proceedings in the Land and Environment Court (Class 5 of that Court’s jurisdiction)	$850.00
3	Filing an application to commence summary proceedings brought in the District Court, other than proceedings brought by the secretary of an industrial organisation of employees	$1,681.00
4	Filing an application to the Local Court for annulment of conviction or sentence under Part 2 of the Crimes (Appeal and Review) Act 2001	$85.00
5	Filing a notice of appeal, or an application for leave to appeal, to the District Court under Part 3 of the Crimes (Appeal and Review) Act 2001:
	(a)  in relation to a single offence	$105.00
	(b)  in relation to more than one offence arising from the same court appearance	$162.00
6	Filing a notice of appeal, or an application for leave to appeal, to the Land and Environment Court under Part 4 of the Crimes (Appeal and Review) Act 2001 (Class 6 or 7 of that Court’s jurisdiction)	$850.00
7	Issuing a certificate of conviction or dismissal	$55.00
8	Retrieving, providing access to and furnishing a copy of any document (otherwise than as provided for by items 9 and 11):
	(a)  for up to 20 pages	$11.70
	(b)  for each 10 pages (or part thereof) after the first 20 pages	$5.80
9	Retrieving and providing access to, but not furnishing a copy of, any file or box of files, where the file or box of files is retrieved from:
	(a)  the Government Records Repository or any other off-site storage facility (other than the State Records):
	(i)  standard retrieval request	$12.60 per file or box of files
	(ii)  non-standard retrieval request (including an urgent, high or after hours priority retrieval request or a retrieval request for delivery to or from a regional location outside the Sydney metropolitan area)	Such additional fee incurred by a court
	(b)  the State Records—standard retrieval request	$31.60 per file or box of files
10	Supplying a duplicate recording of sound-recorded evidence—per cassette tape or disc	$47.90
11	Providing a copy of any deposition or transcript (unless otherwise provided for under any other Act):
	(a)  for each page, where the matter being transcribed is under 3 months old:
	(i)  for up to 8 pages	$81.00
	(ii)  for each page after the first 8 pages	$9.95
	(b)  for each page, where the matter being transcribed is 3 months old or older:
	(i)  for up to 8 pages	$99.50
	(ii)  for each page after the first 8 pages	$11.30

Part 2 Sheriff’s fees

Item	Matter for which fee payable	Fee
1	Attending a view by a jury in criminal proceedings	$167.00

sch 2: Subst 2011 (379), Sch 1. Am 2011 (666), cl 3; 2011 (667), cl 3. Subst 2012 (258), Sch 1; 2013 (301), Sch 1 [2].

Schedule 2A NSW Government agencies and statutory bodies required to pay court fees

(Clause 15A)

Barangaroo Delivery Authority

Centennial Park and Moore Park Trust

Department of Education and Communities, but only in relation to offences against the following Acts or the regulations made under them:

(a)  the Combat Sports Act 2008,

(b)  the Combat Sports Act 2013,

(c)  the Motor Vehicle Sports (Public Safety) Act 1985,

(d)  the Mount Panorama Motor Racing Act 1989,

(e)  the Sporting Venues Authorities Act 2008,

(f)  the Sydney Cricket and Sports Ground Act 1978,

(g)  the Sydney Olympic Park Authority Act 2001.

Department of Finance and Services, but only in relation to offences against the following Acts or the regulations made under them or the following regulation:

(a)  the Associations Incorporation Act 2009,

(b)  the Australian Consumer Law (NSW),

(c)  the Boarding Houses Act 2012,

(d)  the Civil and Administrative Tribunal Act 2013,

(e)  the Community Land Management Act 1989,

(f)  the Contracts Review Act 1980,

(g)  the Conveyancers Licensing Act 2003,

(h)  the Co-operative Housing and Starr-Bowkett Societies Act 1998,

(i)  the Co-operatives Act 1992,

(j)  the Co-operatives National Law (NSW),

(k)  the Crimes Act 1900,

(l)  the Electricity (Consumer Safety) Act 2004,

(m)  the Fair Trading Act 1987,

(n)  the Fitness Services (Pre-paid Fees) Act 2000,

(o)  the Funeral Funds Act 1979,

(p)  the Gas Supply (Consumer Safety) Regulation 2012,

(q)  the Holiday Parks (Long-term Casual Occupation) Act 2002,

(r)  the Home Building Act 1989,

(s)  the HomeFund Commissioner Act 1993,

(t)  the Landlord and Tenant Act 1899,

(u)  the Landlord and Tenant (Amendment) Act 1948,

(v)  the Motor Dealers Act 1974,

(w)  the Motor Dealers and Repairers Act 2013,

(x)  the Occupational Licensing National Law (NSW),

(y)  the Partnership Act 1892,

(z)  the Pawnbrokers and Second-hand Dealers Act 1996,

(aa)  the Plumbing and Drainage Act 2011,

(bb)  the Prices Regulation Act 1948,

(cc)  the Property, Stock and Business Agents Act 2002,

(dd)  the Residential (Land Lease) Communities Act 2013,

(ee)  the Residential Parks Act 1998,

(ff)  the Residential Tenancies Act 2010,

(gg)  the Retirement Villages Act 1999,

(hh)  the Strata Schemes Management Act 1996,

(ii)  the Tattoo Parlours Act 2012,

(jj)  the Travel Agents Act 1986,

(kk)  the Valuers Act 2003.

Department of Primary Industries, Department of Trade and Investment, Regional Infrastructure and Services, but only in relation to offences against the following Acts or the regulations made under them:

(a)  the Fisheries Act 1935,

(b)  the Fisheries Management Act 1994,

(c)  the Water Act 1912,

(d)  the Water Management Act 2000.

Destination NSW

Environment Protection Authority

Government Property NSW

Historic Houses Trust of New South Wales

Hunter Development Corporation

Independent Liquor and Gaming Authority

Lifetime Care and Support Authority

Local Land Services

Long Service Corporation

Motor Accidents Authority

New South Wales Land and Housing Corporation

NSW Food Authority

NSW Self Insurance Corporation

NSW Trustee and Guardian

Office of Environment and Heritage, Department of Premier and Cabinet, but only in relation to offences against the National Parks and Wildlife Act 1974 or the regulations made under it

Parramatta Park Trust

Rail Corporation New South Wales

Rental Bond Board

Roads and Maritime Services, but only in relation to offences against the following Acts or the regulations made under them or the following regulation:

(a)  the Heavy Vehicle National Law (NSW),

(b)  the Marine Safety Act 1998,

(c)  the Road Transport (Vehicle and Driver Management) Act 2005,

(d)  the Road Transport (Mass, Loading and Access) Regulation 2005 only in respect of offences relating to heavy vehicles,

(e)  the Tow Truck Industry Act 1998.

The Royal Botanic Gardens and Domain Trust

State Records Authority of New South Wales

State Transit Authority of NSW

Statutory State owned corporations (within the meaning of the State Owned Corporations Act 1989) that represent the Crown by express agreement of the voting shareholders as referred to in section 20F of that Act

Sydney Catchment Authority

Sydney Ferries

Sydney Harbour Foreshore Authority

Sydney Metro

Sydney Olympic Park Authority

Teacher Housing Authority NSW

UrbanGrowth NSW Development Corporation

Venues NSW

Western Sydney Parklands Trust

WorkCover Authority of NSW

Zoological Parks Board

sch 2A: Ins 2013 (719), Sch 1 [2].

Schedule 3 Penalty notice offences

(Clause 106)

Column 1	Column 2
Offence	Amount of penalty
Crimes Act 1900
section 117, if value of property or amount does not exceed $300	$300
section 527C (1)	$350
Summary Offences Act 1988
section 4 (1)	$500
section 4A (1)	$500
section 6	$200
section 6A	$250
section 9	$1,100

sch 3: Am 2011 No 28, Sch 2.1; 2014 No 2, Sch 5.2.