An Act to make miscellaneous amendments to certain legislation with respect to courts and certain other legislation administered by the Attorney General.
1 Name of Act
This Act is the Courts and Other Miscellaneous Legislation Amendment Act 2013.
2 Commencement
This Act commences on the date of assent to this Act.
3 Explanatory notes
The matter appearing under the heading “Explanatory note” in Schedule 1 does not form part of this Act.
Schedule 1 Amendment of Acts
[1] Section 7 What constitutes discrimination on the ground of race
Omit “, on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person,” from section 7 (1).
[2] Section 7 (1) (a)
Insert “on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person,” before “treats the aggrieved person”.
[3] Section 7 (1) (b)
Insert “on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person,” before “segregates”.
[4] Section 7 (1) (c)
Omit “such”.
[5] Section 24 What constitutes discrimination on the ground of sex
Omit “, on the ground of the aggrieved person’s sex or the sex of a relative or associate of the aggrieved person,” from section 24 (1).
[6] Section 24 (1) (a)
Insert “on the ground of the aggrieved person’s sex or the sex of a relative or associate of the aggrieved person,” before “treats the aggrieved person”.
[7] Section 24 (1) (b)
Omit “such”.
[8] Section 38B What constitutes discrimination on transgender grounds
Omit “, on the ground of the aggrieved person being transgender or a relative or associate of the aggrieved person being transgender,” from section 38B (1).
[9] Section 38B (1) (a)
Insert “on the ground of the aggrieved person being transgender or a relative or associate of the aggrieved person being transgender,” before “treats the aggrieved person”.
[10] Section 39 What constitutes discrimination on the ground of marital or domestic status
Omit “, on the ground of the aggrieved person’s marital or domestic status or the marital or domestic status of a relative or associate of the aggrieved person,” from section 39 (1).
[11] Section 39 (1) (a)
Insert “on the ground of the aggrieved person’s marital or domestic status or the marital or domestic status of a relative or associate of the aggrieved person,” before “treats the aggrieved person”.
[12] Section 39 (1) (b)
Omit “such”.
[13] Section 49B What constitutes discrimination on the ground of disability
Omit “, on the ground of the aggrieved person’s disability or the disability of a relative or associate of the aggrieved person,” from section 49B (1).
[14] Section 49B (1) (a)
Insert “on the ground of the aggrieved person’s disability or the disability of a relative or associate of the aggrieved person,” before “treats the aggrieved person”.
[15] Section 49B (1) (b)
Omit “such”.
[16] Section 49T What constitutes discrimination on the ground of a person’s responsibilities as a carer
Omit “, on the ground of the aggrieved person having responsibilities as a carer,” from section 49T (1).
[17] Section 49T (1) (a)
Insert “on the ground of the aggrieved person having responsibilities as a carer,” before “treats the aggrieved person”.
[18] Section 49ZG What constitutes discrimination on the ground of homosexuality
Omit “, on the ground of the aggrieved person’s homosexuality or the homosexuality of a relative or associate of the aggrieved person,” from section 49ZG (1).
[19] Section 49ZG (1) (a)
Insert “on the ground of the aggrieved person’s homosexuality or the homosexuality of a relative or associate of the aggrieved person,” before “treats the aggrieved person”.
[20] Section 49ZG (1) (b)
Omit “such”.
[21] Section 49ZYA What constitutes discrimination on the ground of age
Omit “, on the ground of the aggrieved person’s age or the age of a relative or associate of the aggrieved person,” from section 49ZYA (1).
[22] Section 49ZYA (1) (a)
Insert “on the ground of the aggrieved person’s age or the age of a relative or associate of the aggrieved person,” before “treats the aggrieved person”.
[23] Section 49ZYA (1) (b)
Omit “such”.
Explanatory note
The proposed amendments to the Anti-Discrimination Act 1977 make it clear that in the case of indirect discrimination (which involves a discriminatory requirement or condition) there is no need to prove that a particular ground of discrimination under the Act is a reason for the discriminatory requirement or condition. The amendments reflect the NSW Court of Appeal decision in Amery & Ors v State of New South Wales (Director-General NSW Department of Education and Training)[2004] NSWCA 404.
[1] Section 122 Maximum total payment under all garnishee orders
Omit “the standard workers compensation weekly benefit” from section 122 (1).Insert instead “$447.70 as adjusted under Division 6 of Part 3 of the Workers Compensation Act 1987”.
[2] Section 122 (1A)
Insert after section 122 (1):(1A) The amount of $447.70 referred to in subsection (1) is an adjustable amount for the purposes of Division 6 of Part 3 of the Workers Compensation Act 1987.
[3] Section 122 (2)
Omit the definition of standard workers compensation weekly benefit.
Explanatory note
The proposed amendments update the way in which the maximum total payment under a garnishee order is calculated.
Section 13 Proceedings before the Tribunal
Insert after section 13 (2):(3) The President may delegate to a member the President’s functions under subsection (2).
Explanatory note
The proposed amendment enables the President of the Dust Diseases Tribunal to delegate to another member of the Tribunal functions relating to managing the proceedings list, namely, fixing the time, place and before whom proceedings are to be held.
Section 5BA Accused detainee to appear physically in physical appearance proceedings
Omit section 5BA (2). Insert instead:(2) Subsection (1) does not apply to any bail proceedings that:(a) occur during a weekend, or(b) occur on a public holiday, or(c) occur during each period commencing on 24 December and ending on the first Friday following 31 December, or(d) occur on each of the days on which the Local Court Annual Conference is held in any year, or(e) relate to an accused detainee who is being held in custody at a place prescribed by the regulations.
Explanatory note
The proposed amendment expands the occasions on which an accused detainee is permitted to appear in first appearance bail proceedings via an audio or audio visual link as an exception to the requirement in section 5BA (1) of the Evidence (Audio and Audio Visual Links) Act 1998 to appear physically in those proceedings. The further occasions are the Christmas/New Year period in each year and during the Local Court Annual Conference in any year.
Section 11 Provisions relating to application for further time to pay fine
Insert after section 11 (7):(8) Without limiting subsection (7), the principal registrar of the District Court, a registrar of the Local Court at the Downing Centre and a registrar of the Children’s Court may authorise, subject to any conditions specified in the authorisation, a person employed in the Department of Attorney General and Justice to deal with an application and to make, amend or revoke an order allowing further time to pay a fine.
Explanatory note
The proposed amendment allows specified registrars of the District Court, Local Court and Children’s Court to authorise employees of the Department of Attorney General and Justice to consider applications for further time to pay a court-imposed fine.
Schedule 2 Excluded information of particular agencies
Insert at the end of clause 2:The DNA Review Panel—all functions other than functions under section 91 (1) (d) of the Crimes (Appeal and Review) Act 2001.
Explanatory note
The proposed amendment excludes information relating to the functions of the DNA Review Panel, other than its functions relating to reporting and making recommendations to the Minister, from being able to be accessed under the Government Information (Public Access) Act 2009.
Section 25 Local Court Rule Committee
Omit section 25 (4). Insert instead:(4) The Rule Committee, when exercising its functions in respect of matters relating to the jurisdiction referred to in section 9 (c), is to have 3 additional members as follows:(a) a person appointed by the Chief Magistrate on the nomination of the Director of Public Prosecutions,(b) a person appointed by the Chief Magistrate on the nomination of the Legal Aid Commission,(c) a police prosecutor admitted to the legal profession under the Legal Profession Act 2004 appointed by the Chief Magistrate on the nomination of the Commissioner of Police.
Explanatory note
The proposed amendment provides for the appointment of a legally qualified and admitted police prosecutor as a member of the Local Court Rule Committee when the Committee is exercising its functions in respect of matters relating to the Court’s criminal jurisdiction.
[1] Section 66 Disclosure of records
Insert after section 66 (2) (f):(g) records of, or relating to, warnings, cautions and conferences under this Act may (subject to any regulations made for the purposes of subsection (3)) be divulged to an authorised officer of the Department of Attorney General and Justice for use in connection with the Department’s Youth on Track scheme or such other early intervention or diversionary program administered by the Department that is prescribed by the regulations,(h) any records divulged to an authorised officer of the Department of Attorney General and Justice under paragraph (g) may (subject to any regulations made for the purposes of subsection (3)) be divulged by an authorised officer of the Department to a non-government organisation engaged by the Department to provide services in connection with the Department’s Youth on Track scheme or such other early intervention or diversionary program administered by the Department that is prescribed by the regulations.
[2] Section 66 (3)
Omit “(e) or (f)”. Insert instead “(e)–(h)”.
Explanatory note
The proposed amendments authorise the disclosure of records of, or relating to, warnings, cautions and conferences under the Young Offenders Act 1997 by the NSW Police Force to the Department of Attorney General and Justice, and the disclosure of those records by the Department to certain bodies, for the purposes of the Department’s Youth on Track scheme or such other prescribed early intervention or diversionary program administered by the Department.