Latest News Archive 2005
- New Supreme Court website
(December 2005)
The Supreme Court of NSW website has been redesigned for use by legal staff and the general public.
The revamped site features:
- Practice and Procedure links to relevant legislation, guidelines and information sheets.
- Forms and Fees links to prescribed and administrative forms.
- Research and Information links to pages tailored to the needs of practitioners, the public, students and media.
- Latest News from each jurisdiction, updates to practice and procedure at the Supreme Court and recent rule amendments.
- Shortcuts to useful information via the Quick Links, Related Sites or Frequently Accessed information boxes.
Feedback about the new site may be sent to the Web Administrator.
- Centre opens for boys at risk
(November 2005)
NSW Attorney General Bob Debus has opened a new centre for boys at risk in the state’s central south.
The Tirkandi Inaburra Cultural & Development Centre is a residential centre that aims to reduce Indigenous over-representation in the criminal justice system.
Sixteen Indigenous youths aged 12-15 will voluntarily reside at the centre for three to six months where they will be mentored by Elders and take part in educational, vocational and cultural programs.
Tirkandi Inaburra Chairperson Hewitt Whyman said the centre represented a long-cherished dream of the Aboriginal community in the area.
The centre, which is located on 780 hectares of Crown land, will be funded by the Attorney General’s Department and controlled and operated by the local community in partnership with Government agencies.
View factsheet
View brochure
- Report: September 2005 Quarterly Crime Statistics
(November 2005)
The latest report by the Bureau of Crime Statistics & Research (BOCSAR) has found an increase in fraud offences and a decrease in thefts in NSW in the past two years.
In the 24 months to September 2005 there was:
- a 39.6% reduction in robberies with a firearm
- a 7.9% reduction in robberies without a weapon
- an 11.2% reduction in break and enters from dwellings
- a 9.7% reduction in break and enters from non-dwellings
- a 9.7% reduction in motor vehicle theft
- a 5.6% reduction in theft from motor vehicles
- a 7.7% reduction in steal from dwelling
- a 17.2% reduction in steal from person.
The incidence remained stable for murder, assault, sexual assault, indecent assault, robbery with a weapon not a firearm, steal from retail store and malicious damage to property.
Fraud was the only crime category in the report that recorded an increase, which was 8.4%.
- Delivering Crime Prevention
(November 2005)
Director General Laurie Glanfield has launched a report into the effectiveness of evidence given by sexual assault victims via closed circuit television (CCTV).
The study showed juries regarded victims as no less credible if they gave evidence by video or CCTV rather than in the courtroom, Mr Glanfield said at the opening of a National Crime Prevention conference.
The report, by the Australian Institute of Criminology, was commissioned by the NSW Attorney General's Department.
>>Dowload the Media Release
>>Download the Director General's speech
- Shoplifting: It’s a crime in any language
(November 2005)
Shopkeepers from non-English speaking backgrounds in Sydney’s inner west will be better equipped to combat crime, with the launch of eight multilingual business safety fact sheets and two shop signs.
The new Bizsafe fact sheets and two shop signs, are available in Korean, Chinese, Vietnamese and Arabic, contain vital information about reporting crime and preventing robbery, fraud and assault.
The multilingual resources have been produced by NSW Police and the NSW Attorney General’s Department’s Crime Prevention Division, based on the Bizsafe program developed by NRMA Business Insurance and NSW Police.
- Report: Drug Court Compliance
(November 2005)
Drug Court participants who miss appointments, test positive to both opiates and psycho-stimulants or abscond in the first three months of the program are much more likely to re-offend than those who do not, according to a study released today by the NSW Bureau of Crime Statistics.
See the Crime and Justice Bulletin (pdf 90kb) and media release for more information.
- Circle Sentencing national award
(November 2005)
Nowra’s groundbreaking Circle Sentencing program has won a $10,000 prize at the 2005 Australian Crime and Violence Prevention Awards.
Circle Sentencing is an alternate sentencing court for adult Aboriginal offenders. It directly involves local Aboriginal people in the process of sentencing offenders, with the aims of making it more meaningful and improving confidence in the criminal justice system. It also empowers Aboriginal people to address criminal behaviour within their local communities.
Circle Sentencing was introduced in Nowra in February 2002, and now operates in Dubbo, Walgett, Brewarrina, Bourke, Lismore, Armidale and Kempsey, with the program to soon expand into Western Sydney. For more information about Circle Sentencing see www.lawlink.nsw.gov.au/cpd.
Australian Crime and Violence Prevention Awards reward projects involving local government initiatives, ethnic communities, Indigenous communities, rural communities, violence against women, and drug and alcohol-related violence among other categories. More about the Awards see www.aic.gov.au.
- National Pro Bono funding boost
(November 2005)
Ministers from all States and Territories have agreed to provide long term funding for the National Pro Bono Resource Centre.
The not-for-profit organisation will receive an extra $100,000 annually over the next four years.
Since 2002, the National Pro Bono Resource Centre has been encouraging lawyers, including government lawyers, in-house counsel, law firms and barristers to offer free legal assistance to disadvantaged people and the organisations that help them.
The Centre provides resources and information to lawyers and law firms to assist them to provide high quality pro bono services. It also promotes pro bono work in law schools, fostering a culture of generosity among future generations of legal practitioners.
“The additional funding for the Centre will enable it to provide greater practical assistance and support to the legal profession to deliver pro bono legal services to the areas of greatest need across Australia,” said John Corker, Director of the National Pro Bono Resource Centre.
“In particular it will allow the Centre to assist the progress of States and Territories with less developed pro bono cultures and to continue to broker partnerships between law firms and community centres and Indigenous legal services, particularly in regional, rural and remote areas,” Mr Corker said.
The National Pro Bono Resource Centre receives core funding from the Commonwealth Attorney General’s Department and is supported by State and Territory Attorneys-General.
- Victims Services wins award
(November 2005)
Victims Services has been recognised for its commitment to the ongoing employment of people with a disability.
The Hornsby Challenge Foundation presented Victims Services with a plaque for it’s "outstanding contribution to the employment of people with a disability” at a function on 26 October celebrating Hornsby Challenge's 40 years of service to the community.
Hornsby Challenge provides employment support services and living skills services to people with an intellectual disability in the community.
For the last seven years, Victims Services has employed two clerical officers with an intellectual disability.
- Report: Domestic Violence - Trends & Patterns
(October 2005)
Between 1997 and 2004, the recorded rate of domestic assault in New South Wales (NSW) increased by about 40 per cent in the Sydney Statistical Division and more than 50 per cent in the rest of NSW.
A surprising number of the domestic violence incidents recorded by police involve male victims. Where the victim is under 15 years of age, or more than 39 years of age, male victims outnumber female victims (in the former case by more than two to one).
See the Crime and Justice Bulletin (pdf 137kb) and media release for more information.
- Chief Justice endorses circle sentencing
(October 2005)
The Chief Justice of NSW has strongly endorsed circle sentencing, describing it as an "extraordinarily successful initiative" based on early results.
In delivering the Charles Perkins Memorial Oration 2005, the Honourable JJ Spigelman said circle sentencing appeared to have much to offer in reducing recidivism amongst young Aboriginal offenders.
See the Supreme Court website to read the Charles Perkins Memorial Oration 2005.
- CourtLinkNSW eServices
(October 2005)
In 2007, NSW Courts and Tribunal Services is planning to introduce a range of services to the legal community through the internet.
In order to ensure that these services meet our collective needs, significant consultation has been undertaken. Legal practitioners and others in the industry, including regional and special interest groups as well as individual law firms, have been engaged in providing feedback on their requirements.
This consultation will continue to ensure effective implementation of the project. Part of the ongoing process to support our use of these services from 2007 involves a limited introduction of eFiling and eForum.
In co-operation with a small number of firms, these services will be introduced from November 2005. The aim is to keep the number of users small, so that any teething problems can be quarantined, identified and resolved before the product is made available to the wider legal community through a major release.
The November implementation process will focus on:
- eFiling - Corporations and Possession Lists in the Supreme Court
- eForum - selected matters in the Equity Division and matters in the Court of Criminal Appeal where either an Application for Extension of Time or a Notice of Appeal has been lodged by the Legal Aid Commission.
Progress will be reviewed over the coming months and decisions on any additional involvement will be made in the New Year.
If you would like further information please contact Michael McMullan at michael_mcmullan@agd.nsw.gov.au.
- Report: Prevalence of Drug Driving
A survey of 320 recent cannabis users in Sydney and Newcastle has shown that 78 per cent have driven at least once in the past 12 months within one hour of using the drug.
Although the study found no direct link between cannabis use and accident risk, more than a quarter of those interviewed believed that cannabis intoxication impaired their driving ability.
See the Crime and Justice Bulletin (pdf 130kb) and media release for more information.
- Daylight saving 2005-2006
Daylight saving starts on Sunday 30 October 2005 at 2 a.m. when clocks are put forward one hour.
Daylight saving ends on Sunday 2 April 2006 at 3 a.m. when clocks are put back one hour.
Commonwealth Games 2006
Legislation is to be introduced in Parliament to extend daylight saving by one week to 2 April 2006 for the Commonwealth Games. The legislation will need to be passed before this extension can be confirmed.
- Drink Driving Sentencing Severe: Report
Sentences for high range drink driving offences in NSW have become more consistently severe according to the results of a study released by the Judicial Commission of NSW.
The Commission’s study examined the impact of the guideline judgment on high range prescribed concentration of alcohol (PCA) offences issued by the Supreme Court in September last year at the request of the Attorney General.
Download the "Impact of the High Range PCA Guideline Judgment on Sentencing Drink Drivers in NSW" report (pdf 168 kb).
- Delivering crime prevention November conference
‘Delivering crime prevention: making the evidence work’ conference is being jointly presented by the NSW Crime Prevention Division and the Australian Institute of Criminology from 21-22 November 2005, in Sydney.
The conference will critically examine the role of evidence-based policy approaches in the development and delivery of crime prevention policies and programs in Australia.
For information about the conference and registration visit the Crime Prevention website.
* Register before 21 October for early-bird savings.
- Time's up for old court clock
It might be well over 100 years old and out of service, but the old Ballina Court House Clock still manages attract a great deal of attention, especially from the Richmond River Historical Society on the Far North Coast.
The Sydney built clock, has been ticking - and clanging since 1890. Now it's much-weathered and salty old mechanism is being replaced later this year with an electronic and silent one, courtesy of the Attorney General's Asset Management Department.
Reports from Ballina to the AG's say that the 115-year old clock drove residents 'nuts with an hourly roar through the night'. All attempts to 'muffle it' failed they say.
"It’s wonderful they're restoring it, but imagine being in the middle of a court case, and proceedings having to stop for a clanging every hour," Marelle Lee from the Richmond River Historical Society told the Northern Star newspaper.
The Balllina Court House was built in 1867 and like many historic Court Houses throughout NSW, is an integral part of the community's heritage - much valued by many locals. The Court House in Ballina was originally the landmark in the CBD.
So special is the mechanism of the 'R B Smith' clock, the possible custodians, Powerhouse Museum are seeking to transport its historic post-Victorian innards back to Sydney to be placed on public display.
The Department has other clock towers at Armidale, East Maitland, Inverell and Bathurst.
- Boomerang Bus ensures many safe returns
The latest initiative of the Aboriginal Community Patrols is the launch of the La Perouse Street Beat Bus, or the 'Boomerang Bus' as its become known.
The patrols are community-based services that operate a safe transport and outreach service for people who are on the street late at night. At the official launch held at Maroubra PCYC on September 23, the local kids were keen to be the first aboard the new 12-seater bus.
Milton Orkopoulos, NSW Minister for Aboriginal Affairs presented the Boomerang Bus keys, on behalf of the Bob Debus, Attorney General, to Nick Lake, Maroubra PCYC Club Manager, Barbara Keely and Yvonne Simms, Project Steering Committee. He was joined by Peter Garrett MP and Kristina Keneally, Member for Heffron.
The afternoon launch was followed by a fun-filled social night involving young local bands, hosted by high profile Koori MC Wire.
- King Street Court opens to public
The courtrooms in the historic King St Court Complex in Sydney have been transformed and refurbished in a way that balances cutting-edge technology with tradition.
To celebrate History Week 2005, the Court is offering free, guided tours of the old Supreme Court building and hosting a free exhibition "Legal Landmarks for Women".
- New Coroners Website launched
The Office of the NSW Coroner has launched a new and improved website. The website will assist families and friends of persons who die and whose deaths are reported to the coroner. The site contains information about the jursidiction, including findings and recommendations made by coroners and links to other sites relating to this area.. The site will also assist students of many disciplines in developing a further understanding of this most fascinating jurisdiction.
June 2005
- Review of Judicial Officers Act 1986
The Judicial Officers Act 1986 establishes and confers functions on the Judicial Commission of New South Wales. The provisions about the Judicial Commission are being reviewed. Any person or organization interested in making a written submission to the review should send their submission to:
Judicial Commission Review
C/- NSW Attorney General’s Department
GPO Box 6
Sydney NSW 2001.
Or email to lpd_enquiries@agd.nsw.gov.au
The closing date for submissions is 17 June 2005.
A copy of the Judicial Officers Act 1986 can be accessed at http://www.legislation.nsw.gov.au. Information about the Judicial Commission can be found at http://www.judcom.nsw.gov.au.
May 2005
- Supreme Court turns 181!
The Supreme Court of New South Wales is celebrating a milestone many institutions would envy. The court was brought into existence on 17 May 1824, precisely 181 years ago. It is one of the oldest Courts in continuous existence anywhere in the world. The Chief Justice, the Hon. J.J. Spigelman, says the contribution of our longstanding institutions to social stability and economic prosperity cannot be overstated. more >>>
- Law Week begins on May 15
The NSW Attorney General’s Department will once again play a significant role in Law Week, which runs from May 15 - 21. The Department’s showcase public event will feature courtroom tours, a free screening of ‘Secrets of a jury room’, produced by Film Australia; lunchtime workshops, evening seminars and forums for young people. This year’s theme is ‘Relationships with the Law’. Events have been scheduled at various locations across metropolitan, regional and rural NSW. The Public Trustee has made it even easier for people to make or update a will, by conducting a wills day on Saturday May 21. For a full list of events, visit www.lawweek.com.au
- Uniform Civil Procedures Bill Update
The Civil Procedure Bill was introduced into Parliament on 6 April 2005. A copy of the Bill can be viewed on the NSW Parliament website.
Draft new forms have been prepared for use in civil proceedings in the Supreme, District and Local Courts. These forms have been prepared in consultation with members of the Legal Precedents Network. The new forms are being progressively made available on the Civil Forms page.
The Uniform Civil Procedure Rules project, commenced in early 2003, will bring about long overdue and welcome changes to NSW’s civil procedures process with the outcomes having far reaching benefits for the judiciary, the legal profession, court users, staff and court processes. One of the greatest benefits will be the introduction of common rules and procedures in civil proceedings in the Supreme, District and Local Courts.
To find out more about the Uniform Civil Procedure Rules Project, visit the Lawlink UCPR site.
April 2005
- NSW 2004 Crime Statistics
The Bureau of Crime Statistics and Research have today released the report 'NSW Recorded Crime Statistics 2004'. The full text of the report is available on the BOCSAR website.
- Draft regulation released to establish the new claims resolution process for dust diseases
A draft Regulation establishing a new claims resolution process for asbestos related compensation claims has been released for public consultation. The draft Regulation implements recommendations of the Review of Legal and Administrative Costs in Dust Diseases Compensation Claims.
The draft Dust Diseases Tribunal Amendment Regulation 2005 sets out the proposed details of the new claims resolution process.
The new claims resolution process will apply only to claims involving asbestos. Some provisions of the Regulation, however, affect all dust diseases claims.
The draft Dust Diseases Tribunal (Standard Presumptions – Apportionment) Order 2005 has also been released for public consultation.
The closing date for submissions is Tuesday, 26 April 2005.
Visit the Attorney General's Department - Legislation and Policy Division website to find out more.
- Reforms to Indictable Court Cases
The NSW Government has approved the introduction of significant reforms to the management and processing of indictable cases. These reforms are aimed at reducing committals for trial to the District Court for matters that eventuate either in pleas of guilty or no-bills and thereby save court and justice agency resources.
- Uniform Defamation Reform Seminar
The Law Council of Australia is hosting a discussion on State and Federal proposals for a uniform law. Distinguished speakers at the "Uniform Defamation Reform – so close but not there yet" seminar include: Attorney General The Hon. Philip Ruddock MP and NSW Solicitor General Michael Sexton SC. Also providing comment will be Steven Rares SC and journalist Richard Ackland, moderated by Richard Potter, Partner, Phillips Fox.
Date: Wednesday 13th April, 2005
Time: Registration 5.15pm; Seminar 5.30pm–7.30pm
Venue: Clayton Utz, 1 O’Connell Street, Sydney
Cost: $50; $25 Law Council Members
To register, visit http://www.slatteryit.com.au
March 2005
- State Funeral for Aboriginal Judge
Australia's first and only Aboriginal judge, Judge Bellear, was honoured with a state funeral on Tuesday March 22 2005. Not many judges’ CVs boast qualifications as a fitter and turner, bricklayer and lagger clearance diver or hold a boilermaker’s certificate. But NSW District Court Judge Bellear could lay claim to all of these qualifications. Unfortunately, it was in the acquiring of these skills during his ‘first career’ with the Royal Australian Navy that Judge Bellear was exposed to the asbestos that occasioned his early demise. He died on March 16 from an asbestos-related disease while on sick leave from the bench. He was 60 years old. On hearing of his death, the Chief Justice of the Supreme Court, the Hon. J J Spigelman said, “Judge Bellear was a fine judge. The tragedy of his loss is all the more acute because there is no immediate successor from the Aboriginal community who could be appointed as a judge.” More on ABC Online
- Report on school violence
The report on "School violence and its antecedents: interviews with high school students" has been released by the NSW Bureau of Crime Statistics and Research today. This study involved surveying 2500 high school students in order to identify factors associated with school assaults. The full report is available on the BOCSAR website.
- Report of the Review of Legal and Administrative Costs in Dust Diseases Compensation Claims
The report of the Review of Legal and Administrative Costs in Dust Diseases Compensation Claims has been released. The Review was conducted by Mr Laurie Glanfield AM, Director-General of the Attorney General's Department and Ms Leigh Sanderson, Deputy Director-General of The Cabinet Office. The Review made a number of findings and recommendations to reduce legal, administrative and other costs involved in resolving dust diseases compensation claims.
The report is available on the Department's Legislation and Policy website.
Submissions to the Review are available on The Cabinet Office website
February 2005
- Two Magistrate appointments for NSW Local Courts
The Attorney General, the Hon. Bob Debus MP, has announced the appointment of two new magistrates to the NSW Local Courts, Mr Gordon Bruce Lerve and Ms Vivien Margaret Swain, commencing on 16 February 2005. Mr Lerve was admitted as a barrister in 1981 and has worked as a legal officer for the DPP and from 1985-86 as a Senior Legal Officer for the National Crime Authority. Mr Lerve then entered private practice at the NSW Bar and was appointed as a Crown Prosecutor in 1990. Ms Swain was admitted as a solicitor in 1987. From 1986-99 she was employed by the Legal Aid Commission and then was appointed as a solicitor for the DPP before being employed as Acting Trial Advocate.
- Aboriginal Child Sexual Assault Taskforce established
The Taskforce has been established by the New South Wales Attorney General to consult widely with Aboriginal communities, community based services and government departments about child sexual assault. Based on research and community knowledge, the Taskforce will specifically propose a number of key recommendations to the Attorney General aimed at reducing the incidence of child sexual assault and at improving the way its dealt with, when it does occur. The Taskforce will produce a report which will give key recommendations to the Attorney General and the NSW Government.
January 2005
- NSW Courts: Productivity Commission Report on Government Services
The Productivity Commission Report on Government Services shows that Local Courts and District Courts ranked first in Australia for the timeliness with which they dealt with criminal matters and were the best or close to the best in the country with civil matters (measured by case backlog, ref: tables 6.9 and 6.10 of report).
The NSW Supreme Court has improved its performance despite 85 per cent of criminal matters being homicide related (normally complex) compared to 10 to 50 per cent in other States and Territories. In civil matters, it was one of the top performing jurisdictions in the country in terms of pending caseload (table 6.11). The clearance rate was only second to Victorial with criminal non-appeal matters (table 6.18).
NSW, with about one third of the Australian population, incurs only about one quarter of the national court administration costs (table 6.1). While average civil court fees are higher for NSW it must be kept in mind that recover approximately 50 per cent of court costs through fees. The fees of other States and Territories cover an average of 30 per cent of costs meaning a greater proportion of costs are covered by taxpayer funds.
- Uniform Civil Procedures Bill and Rules
An exposure draft of the new Uniform Civil Procedures Bill and Rules can now be viewed at www.pco.nsw.gov.au/whatsnew.html
The Uniform Civil Procedure Rules project, commenced in early 2003, will bring about long overdue and welcome changes to NSW’s civil procedures process with the outcomes having far reaching benefits for the judiciary, the legal profession, court users, staff and court processes. One of the greatest benefits will be the introduction of common rules and procedures in civil proceedings in the Supreme, District and Local Courts.
The Civil Procedure Bill and Uniform Civil Procedure Rules will consolidate provisions about civil procedure that are currently found in a number of different Acts and rules into a single Act and set of rules.
Comments on the Bill and Rules are welcome and should be sent to the dedicated email address - uniformcivilprocedures@agd.nsw.gov.au - by 25 February 2005.
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