Media releases
This is a list of media releases issued by the Attorney General in 2007.
Go to 2008 releases >>
2007
New judicial officers appointed in NSW
Issued: Wednesday 19 December 2007
Four new faces will join the benches of the Local and District Courts of NSW in early 2008, NSW Attorney General John Hatzistergos announced today.
Sydney barrister Paul Lakatos, SC, has been appointed a District Court judge, while Margot Stubbs, Peter Bugden and Michael Dakin will join the ranks of the NSW magistracy.
Mr Hatzistergos said Mr Lakatos had contributed significantly to the legal profession over the last 30 years.
“Mr Lakatos has prosecuted and defended criminal matters, appeared in a range of civil cases and assisted inquires of the Police Integrity Commission (PIC) and the Independent Commission Against Corruption (ICAC),” Mr Hatzistergos said.
“He acted as council assisting at the inquest into the deaths that sparked the Macquarie Fields riots and was part of a committee which made valuable recommendations to the NSW Government about criminal sentencing reforms.”
Mr Lakatos will be sworn in as a District Court judge on January 30, 2008.
Mr Hatzistergos said the new appointments to the bench of the Local Court had shown they were capable of handling a large and diverse workload.
About the new magistrates:
- Margot Stubbs – a Sydney barrister and former university lecturer in law. Ms Stubbs is an accredited mediator and has been a mediation coach for 10 years
- Peter Bugden – the principal solicitor of the Sydney Aboriginal Legal Service and a former principal solicitor of the Office of the Director of Public Prosecutions.
- Michael Dakin – a Ballina solicitor who has been in sole practice for almost 12 years and who is a local court arbitrator. Mr Dakin is a former policeman who was one of the youngest officers to achieve the rank of Detective Senior Sergeant.
Ms Stubbs and Mr Bugden will be sworn in as magistrates on January 21, 2008, while Mr Dakin will join the bench of the Local Court on March 17.
Magistrate Carl Milovanovich has been reappointed Deputy State Coroner for a further two years.
NSW Government offers courts green grants
ISSUED: Tuesday 18 December 2007
The NSW Government is offering the state’s courthouses grants of up to $5,000 each to make their facilities more environmentally friendly, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the Green Grants scheme promoted a community-based approach to combating global warming.
“The government is encouraging NSW court staff to put forward proposals about how they can minimise their carbon footprint and contribute to a sustainable future for the environment,” Mr Hatzistergos said.
“Not surprisingly, the Land & Environment Court was the first to take up the challenge and will soon install a tank for water recycling.”
Other projects include:
- Scone and Grenfell Courthouses installing energy efficient lighting
- Wellington Courthouse planting a native garden
- Condobolin Courthouse adding a worm farm to its growing list of projects including a solar hot water system and a rainwater tank.
- Kiama Courthouse applying for a grant to install a rainwater tank.
Applications for green grants close on January 31, 2008 with a total of $30,000 allocated so far.
The Attorney General’s Department is also encouraging staff to volunteer as “greenkeepers” at each of its courts and office buildings across the state.
Fifteen greenkeepers have already been appointed to promote recycling and other ecologically sound practices in the workplace.
Meantime, the Attorney General’s Department of NSW has moved into its new environmentally friendly headquarters at Parramatta.
Mr Hatzistergos said the building, known as the Justice Precinct Offices, was designed to achieve a five-star green rating.
“The building, completed six months ahead of schedule, features a lighting system that automatically adapts to outdoor daylight levels, a 500,000-litre underground rainwater tank and ‘chilled beam’ air conditioning which uses up to 20 per cent less energy than conventional systems.”
$170,000 video upgrade for Maitland Courthouse
ISSUED: Thursday 13 December 2007
Maitland courthouse is set to benefit from a $170,000 boost for advanced audio-visual technology, Attorney General John Hatzistergos and Member for Maitland Frank Terenzini announced today.
Mr Hatzistergos said the new funding was the result of representations made by Mr Terenzini on behalf of the local community.
“This new technology will allow local families to be involved in legal proceedings at Newcastle and other courts without the need to travel,” Mr Hatzistergos said.
“Expert witnesses and subject matter experts will also be able to appear in court via video conferencing from interstate or even overseas.
“Another benefit is that bail applications and other matters will able to be heard remotely, without the prisoner needing to personally appear before the court.
“It is important to recognise that Frank Terenzini bought this matter to my attention and fought hard to secure the funding for this upgrade,” he said.
Mr Terenzini said that the Remote Witness room would also be upgraded as part of the boost of the courthouse’s audio-visual facilities.
“This upgrade will help vulnerable witnesses give evidence in an appropriate setting away from the court itself,” Mr Terenzini said.
“Research has shown that victims and witnesses are more likely to come forward when they know they can give evidence away from a perpetrator,” he said.
Mr Terenzini said he would also like to acknowledge the support of local prosecutors, lawyers and the community in securing this new investment.
New Privacy Commissioner announced
ISSUED: Wednesday December 12 2007
NSW is set to have a new permanent Privacy Commissioner with the appointment of District Court Judge His Honour Ken Taylor to the state’s top privacy office, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said Judge Taylor would serve a five-year term commencing in January next year.
“I would like to congratulate Judge Taylor on this appointment and to recognise his ongoing contribution to law and justice in NSW,” Mr Hatzistergos said.
“His appointment comes at a time with both the NSW and Australian Law Reform Commissions undertaking wide ranging inquiries into privacy,” he said.
Mr Hatzistergos said that Judge Taylor’s recent service at the Health Care Complaints Commission also provided unique experience on recent privacy challenges.
“Changes to laws relating to health records have increased the role and scope of the Privacy Commissioner,” Mr Hatzistergos said.
“These changes have meant that individuals, public and private sector organisations can all be investigated as a result of a privacy complaint.
“Judge Taylor’s background will be of assistance in conciliating and investigating these concerns, as well as other privacy disputes,” he said.
Mr Hatzistergos also paid tribute to the current Acting Privacy Commissioner, Mr John Dickie who has held the position since September 2003.
“Mr Dickie has served with distinction in the role of Privacy Commissioner and I wish him well in the future,” Mr Hatzistergos said.
Attorney announces judicial appointments
Issued: Wednesday December 12 2007
NSW Attorney General John Hatzistergos today announced the appointments of Justice Virginia Bell to the Court of Appeal of NSW and Lucy McCallum, SC, to the Supreme Court of NSW.
Justice Bell, who has been a Supreme Court judge since 1999, will replace Justice Kim Santow who is set to retire from the Court of Appeal at the end of the month.
Ms McCallum, a prominent Sydney barrister, will be sworn in as a Supreme Court judge at Common Law, filling the position left by Justice Bell.
Mr Hatzistergos said Ms McCallum would be a welcome addition to the Supreme Court.
“Ms McCallum is perhaps best known for her work assisting the HIH Royal Commission and representing the interests of asbestos victims at the James Hardie inquiry, She has also served with distinction as a prosecutor with the Queensland and Commonwealth Directors of Public Prosecutions,” Mr Hatzistergos said.
Ms McCallum is a member of the NSW Bar Council.
Mr Hatzistergos said Justice Bell was an exceptional judge, who had excelled throughout her 30-year career in law.
“Justice Bell is renowned for her intelligence, fairness and ability to find the truth. In the 1990s, she helped expose corrupt police officers in her role as Counsel Assisting the Wood Royal Commission. More recently she has served as a part-time Commissioner of the NSW Law Reform Commission and is currently president of the Australasian Institute of Judicial Administration,” Mr Hatzistergos said.
Mr Hatzistergos said Justice Bell and Ms McCallum were role models for young women considering a career in law.
Justice Bell and Ms McCallum will be sworn in next month.
Domestic violence laws passed by Parliament
Issued: Thursday November 29 2007
Offenders who are found guilty of domestic violence will for the first time have the shameful offence recorded permanently against their name, after new laws were passed by Parliament, NSW Attorney General John Hatzistergos said today.
“Currently, when offences of violence, such as common assault, are recorded it doesn’t specify if the crime was committed in a domestic situation, which can make it difficult to track habitual offenders,” Mr Hatzistergos said.
“Being convicted of the new offence of domestic violence would leave a permanent stain on a person’s record and would be taken into consideration by the courts during sentencing.”
Other changes to domestic violence laws include:
· Making it easier for police to obtain interim AVOs by allowing them to get them via fax and email as well as by phone
· Allowing police to search for a greater range of potential weapons at a premises where a domestic violence offence has occurred
· Giving police the power to demand the name of a person suspected of being the subject of an AVO
Mr Hatzistergos said the reforms would also ensure children of domestic violence victims were better protected.
“Previously, when a victim of domestic violence took out an AVO, children weren’t necessarily included.
“Under these changes there will be a presumption that children will be included on the victim’s AVO unless the court decides there are good reasons for them not to be.”
The changes also mean that any victim whose alleged attacker is charged with serious personal violence offences will automatically be protected by an AVO until the matter is resolved in court.
“The Iemma Government made an election promise to address the scourge of domestic violence and these reforms will help make NSW homes safer,” Mr Hatzistergos said.
Auditor General praises NSW court performance
Issued: 28 November 2007
NSW Attorney General John Hatzistergos has welcomed a report by the Auditor General which found NSW courts have a clearance rate close to or above 100%.
“The NSW court system is the largest in Australia and handles more cases than any other jurisdiction,” Mr Hatzistergos said.
“The Auditor’s finding that NSW had some of the best results for court timeliness compared to other states and territories is extremely pleasing.”
The report found:
- The Local and District Courts had the lowest backlog of cases of all states and territories over 12 months for non-appeal criminal cases
- The District and Supreme Court had the second lowest backlog of cases over 12 months for civil non-appeal matters.
- The average cost per matter in NSW District and Supreme Courts is less than the national average.
Mr Hatzistergos said Local and District Courts handled over 90% of criminal matters making such a low backlog an even greater achievement.
“These results are also a testament to the hard work carried out by court staff that are critical to making our courts the most efficient in the nation,” Mr Hatzistergos said.
The Auditor General has also praised the largest ever court development undertaken in NSW, the Parramatta Justice Precinct, saying the entire project was ahead of schedule without going over budget.
Mr Hatzistergos said the results reflected a report this year by the Productivity Commission, which showed NSW District, Local and Children’s Courts were national leaders in the timeliness of cases.
“The Government is constantly seeking ways to continue the high performance of our courts.
“Current programs like installing Audio-Visual equipment and JusticeLink to electronically link every court in the state will help us retain our leading position,” Mr Hatzistergos said.
Courts reach out to remote regions
Issued: 28 November 2007
Courts in north-western NSW have begun an outreach program that delivers face-to-face services to some of the state’s most remote communities, NSW Attorney General John Hatzistergos said today.
“Everyone in NSW is entitled to court services however it can be difficult for members of geographically isolated communities to get to a courthouse,” Mr Hatzistergos said.
Staff from Walgett, Bourke and Condobolin courts are visiting remote communities once a month to provide services that would typically only be available at a courthouse registry.
“Outreach services have so far been delivered to Collarenebri, Enngonia, Murrin Bridge, Trundle and Tottenham and more communities are expected to be added to the program as it gains momentum,” Mr Hatzistergos said.
“While the court staff are not in a position to provide legal advice, they will give practical assistance on a range of topics including child support and criminal law procedures such as bail, sentencing and appeals.
“They will help with Apprehended Violence Orders (AVOs), explain how disputes can be resolved through mediation and the options available to community members who have outstanding debts or fines.”
Mr Hatzistergos said the Bourke Court registrar was convening criminal call over courts during visits to the Enngonia community.
“The call over court sessions deal with procedural matters, update defendants on the status of their case and set hearing dates,” Mr Hatzistergos said.
“By engaging remote communities, we hope to minimise the rate of defendants failing to attend court hearings.”
The program is supported by the Aboriginal Legal Service.
Mr Hatzistergos said the NSW Government would continue to look at ways of improving access to the justice system.
“Court staff in Sydney are conducting a similar outreach program for homeless people, conducting seven clinics a week at missions and drop in centres across the city,” Mr Hatzistergos said.
Video evidence makes courts safer and more efficient
Issued: Tuesday 13 November 2007
The NSW Government will introduce laws to parliament this week to amend the Evidence (Audio and Audio Visual Links) Act 1998 to ensure video conferencing was better utilised in courts.
“Under the changes there will be a presumption in favour of using Audio Visual Link for procedural matters, bail hearings, sentencing hearings and committals and it will apply to adults and juveniles,” Mr Hatzistergos said.
“Transporting inmates and child detainees lengthy distances for brief court proceedings causes unnecessary disruptions to their work rehabilitation and education programs. Video conferencing enables them to participate in court proceedings just as effectively from a correctional facility,” he said.
Mr Hatzistergos said the amendments would also make it possible for more medical experts and non contentious Government sector witnesses such as police and forensic experts to testify via Audio Visual Link.
“Doctors and other health professionals are responsible for saving people’s lives and we don’t want them dragged away unnecessarily from their valuable work,” Mr Hatzistergos said.
“If a professional from the public health system is giving evidence, there should be a presumption in favour of it being delivered via Audio Visual Link.
“Court appearances by inmates alone via AVL saves taxpayers around $3 million a year and these changes will further reduce transport and security costs.
“AVL also reduces the risk of prisoner escapes because fewer inmates need to be transported to court. It also enables witnesses to give evidence from all over Australia.”
Opposition fails to block new consent laws
Issued: Tuesday 13 November 2007The NSW Opposition has failed in its bid to delay important new laws defining consent by sending the bill to a parliamentary committee, NSW Attorney General John Hatzistergos said today.
“The Opposition’s attempt to further delay this bill came despite an exhaustive consultation process of nearly two years and support for the changes from the NSW Rape Crisis Centre, police and the DPP,” Mr Hatzistergos said.
The Opposition attempted to amend the bill by having it referred to Parliament’s Law and Justice Committee, a process which could take months, but it was voted down after cross benchers sided with the Government.
Liberal MLCs Catherine Cusack and Robyn Parker broke ranks with their own party by speaking in favour of the Government’s bill.
The bill has now passed the upper house despite the Opposition trying to hijack it.
“These new laws will help lessen confusion for jurors and remove the ambiguity around this difficult issue, by not merely leaving it open to the court’s interpretation.
“It will also lessen the anxiety felt by victims when consent is raised during trials.”
Mr Hatzistergos said the new laws define consent as ‘free and voluntary agreement to sexual intercourse.’
“If someone lacks the capacity to consent – they have a cognitive incapacity, are unconscious or asleep, threatened with force or terror or unlawfully detained – consent is automatically negated.
“There are also categories in the proposed laws where it may be established that consent wasn’t given, including a person being substantially drunk or under the influence of drugs.
“The bill will also introduce an “objective fault test” which means the accused can no longer use the defence they thought they had the victim’s consent, if their belief is unreasonable.
“The introduction of an objective fault test is an important part of modernising NSW sexual assault laws. The test already exists in a number of other jurisdictions and is aimed at reflecting community standards,” Mr Hatzistergos said.
The bill is expected to pass the lower house this week.
RSL backs new laws to protect war memorials
Issued Wednesday 14 November 2007
The RSL has supported new laws which have just passed the NSW lower house to add an additional penalty for damaging war memorials by making offenders do community service, NSW Attorney General John Hatzistergos announced today.
This bill originally proposed just doubling financial penalties for damaging memorials but the Government decided to further strengthen them by adding community service.
“Offenders can also already be jailed for a maximum of five years if they’re charged with malicious damage.
“However there will be situations where a court may consider a fine too lenient but a jail term too harsh, so a middle rung in the sentencing ladder has been developed to give courts a range of options,” Mr Hatzistergos said.
The changes will allow courts to order an offender to do community service work, which could be carried out at a local RSL Club or involve repairing or restoring a war memorial.
The President of the NSW RSL, Don Rowe, said confronting their crime was often the best way for vandals to understand the effect of their actions.
“The desecration of war memorials can is a terrible crime – memorials represent the sacrifices that Australians have made during times of war.
“That’s why the RSL believes that offenders who commit this crime should make appropriate reparation to the community.
“They shouldn’t just be able to pay for the problem to go away through the payment of a fine - they should be forced to face up to the damage that they have caused.
“That’s why we believe that forcing vandals to do community service work will be a much more appropriate punishment than a mere fine.
“I saw that first hand when a young man who burnt a flag at an RSL during the Cronulla riots was made to meet with members.
“The Diggers got to express their anger and make the young man face up to the damage and hurt he had caused - it was a positive experience for everyone.
“The RSL and its members are totally behind the Government on this issue.”
Young offenders face a wider range of victims
Issued Saturday 3 NovemberA broader range of victims of crime will be able to confront young offenders at youth justice conferences, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the NSW Government had approved changes to the Young Offenders Act 1997 which would increase victims’ rights.
The definition of a victim will be expanded to more clearly define harm and include anyone who:
- suffers physical or psychological harm, not just mental illness or nervous shock experience stress, shock and emotional harm
- feels psychological harm such as shame, humiliation or fear
- suffers any financial loss, not just property damage
“The victims would be entitled to attend a youth justice conference and help formulate an appropriate punishment for the offender, or prepare a victim’s statement to be read out when a young offender is being cautioned.”
Mr Hatzistergos said the community would also be better protected under the proposed changes.
“A young person who is cautioned or undergoes conferencing would have to declare that fact when applying for child-related employment in later life,” said Mr Hatzistergos.
“While young offenders should be given the opportunity to be rehabilitated and put the incident behind them, the NSW Government is not prepared to take any risks when it comes to people working with children.”
The Young Offenders Act 1997 provides an alternative process to court proceedings for young people who commit certain types of less serious offences. The Act provides for the use of warnings, cautions and youth justice conferences to rehabilitate young offenders.
The Bureau of Crime Statistics and Research found young people who received cautions or attended youth justice conferences were less likely to re-offend than those referred to the criminal jurisdiction of the NSW Children’s Court.
A recent evaluation of youth conferencing by BOSCAR found victims were overwhelmingly satisfied with the way their cases were dealt with, with 93% saying they were treated with respect and 91% satisfied with the outcome plan.
Report into juries and sentencing
Issued Wednesday 7 November
The NSW Government has accepted the advice of the NSW Law Reform Commission into the role of juries in sentencing which says increasing their involvement would cause undue delays in trials.
The NSW Law Reform Commission examined whether judges should consult with juries in private before a sentence is handed down, but has recommended against it after receiving 21 submissions opposing any change.
The reasons given by the LRC include:
- a possible increase in appeals by defence lawyers
- it could lead to more litigation, higher costs and longer cases
- forcing victims to spend longer in court
- jurors may base their views on personal experience
- the sentencing process involves complex and often contradictory legal principles and could require specialised training
- overseas experiences of jury sentencing found no support for the proposal and no other jurisdiction in Australia allows it
- judges have access to additional material unavailable to juries, such as psychiatric reports, which they also base their decisions on.
NSW Attorney General John Hatzistergos said the Government had accepted the report’s three recommendations, that juries not be involved in sentencing more than they currently are, that further studies of the public’s perceptions of sentencing be conducted and that there be greater public education.
“I have already asked the Sentencing Council to conduct research into the level of public confidence in the criminal justice system and whether a lack of information contributes to it.
“In October this year a booklet ‘Judge for Yourself” was launched which provides the public with facts and processes around sentencing and a Sentencing Information Package was also recently released.”
“We also provide community involvement in sentencing by allowing victim impact statements to be read in court, victim involvement in youth conferencing and community members taking part in circle sentencing.”
Mr Hatzistergos said adding complexity to a trial by involving jurors could be exploited by defence lawyers seeking avenues for appeal.
“The report also rightly raises concerns about the secrecy of the discussions that would take place between the judge and jurors which goes against the tradition of open and transparent justice.
“There would also be no way of knowing the extent of the jury’s input so the idea of increased involvement would be meaningless.”
The report also found that requiring jury participation in sentencing:
- could discourage jury service because the it would require juries to view all submissions and reports relevant to the case, meaning consultation with the judge would have to be delayed until the sentencing hearing
- see juries brought back after weeks or possibly months making it expensive and difficult to co-ordinate
- could see jurors forget the reasons behind the verdict.
NSW to have extra month of daylight savings
Issued Wednesday 24 October
NSW residents will have an extra month of daylight saving from next year after new laws passed through State Parliament last night, Attorney General John Hatzistergos said today.
Mr Hatzistergos said while the changes will start in April next year, daylight saving will then commence on the first weekend in October – rather than the last – and will end a week later on the first Sunday in April.
“These changes bring NSW in to line with south-eastern states and will mean more time for families to enjoy the outdoors and get together after work,” Mr Hatzistergos said.
“With longer working hours, I know families will welcome the extra time at the end of the day to spend with the kids.
“Having more daylight towards the end of the day, when many people are awake, also helps the environment through a decreased need for electric lighting,” he said.
Mr Hatzistergos confirmed the changes would take effect in 2008, with daylight saving commencing as usual this weekend but ending a week later in April next year.
“These changes will also mean that daylight saving time is aligned between Victoria, the ACT, Tasmania and South Australia,” he said.
“Harmonising daylight saving makes doing business less confusing and helps minimise inconvenience.
“Visitors from inter-state and overseas also find a common time zone easier to understand and helps make travel between states easier to organise,” he said.
Mr Hatzistergos also said that the commencement of new times in 2008 would help businesses and families prepare to take advantage of the changes.
Domestic Violence Program wins national award
Issued Wednesday 24 October
A program to reduce domestic violence which has been trialled in NSW has won a national award at the Australian Crime and Prevention Awards.
The NSW Government began a two year trial of the Domestic Violence Intervention Court Model (DVICM) two years ago in Campbelltown, Macquarie Fields and Wagga Wagga which aims to improve safety for victims of domestic violence and increase offender accountability.
Preliminary results show a rise in early guilty pleas from 17% to 40% and a huge reduction in the time taken for cases proceeding through the courts.
NSW Attorney General John Hatzistergos said the award recognised the hard work of Government agencies and community groups involved in the program.
“The DVICM is an innovative program which brings together Police and other Government departments to help break the cycle of violence.
“As soon as a domestic violence matter is reported there is an immediate application for an AVO, a proactive arrest with strict bail conditions and intensive case management to look after victims and children,” Mr Hatzistergos said.
“When the matter goes to court it is dealt with by a specially trained police prosecutor. There is also a benchmark for resolution of cases from the initial hearing to sentencing set at 12 weeks.
“I am very pleased the results being delivered by this court model have been recognised at a national level.”
Another innovation of the program is to equip police cars in the areas involved in the trial with specialist evidence kits containing digital cameras. With the permission of victims, police video the scene and record witness statements.
The visual evidence is a powerful way to display the effects of domestic violence to offenders, defence lawyers and courts.
The Crime Prevention Award was accepted by Senior Sargeant Vince Hurley from the Federal Minister for Justice and Customs, Senator the Hon David Johnston, at an official ceremony at Parliament House this morning.
New magistrates appointed to Local Court
Issued Wednesday 17 October
NSW Attorney General John Hatzistergos today announced the appointments of Michael Connell, Geoffrey Hiatt and Brian Van Zuylen to the bench of the Local Court of NSW.
Mr Connell is an experienced solicitor who has been in private practice for 11 years. During a career that has spanned more than three decades, he has also served as deputy director of the Local Court of NSW and a registrar of the Land and Environment Court of NSW.
Mr Hiatt is the Assistant Director of Court Services for the NSW Attorney General’s Department. He has been a qualified solicitor since 1994 and has acted as a registrar at local courts at Parramatta and Windsor.
Mr Van Zuylen was admitted as a Solicitor in 1981, is a Law Society accredited specialist in Criminal Law and since 1999 has been the Solicitor in Charge of Campbelltown Legal Office.
Mr Hatzistergos said all three had a wide knowledge of local court procedures and strong management skills.
“Throughout their careers, Mr Connell, Mr Hiatt and Mr Van Zuylen have shown they are capable of handling substantial and diverse workloads, which is important when you consider more than 90 per cent of the state’s criminal and civil cases are dealt with solely by Local Court magistrates,” Mr Hatzistergos said.
“Mr Connell has appeared as a solicitor in a variety of cases before the Local Court and the Land and Environment Court.
“He also has considerable expertise in dispute resolution, having helped establish the Land and Environment Court’s mediation program in 1991.
“Mr Hiatt has worked at local courts for 27 years, from small country facilities to large metropolitan complexes.
“He has presided over bail hearings, issued warrants to law enforcement agencies and contributed to the development of court policies.”
“Mr Van Zuylen has extensive experience as a practising solicitor for 28 years both here and in England and Wales and I’m pleased to announce these appointments.”
The three new magistrates will be sworn in on Monday 5 November 2007.
New scholarships for Aboriginal students
Issued Friday 12 October 2007
NSW Attorney General John Hatzistergos has announced new $5000 scholarships for two Aboriginal students to be supported through their studies from high school to tertiary education.
Mr Hatzistergos said as part of its commitment to employ more Aboriginal people, Legal Aid NSW is undertaking the Bob Bellear Legal Career Pathways Program which sets out to support Aboriginal people prior to employment.
“Legal Aid NSW has a large number of Aboriginal clients (7.5% of all clients compared to 4.5% five years ago) and is working towards increasing its Aboriginal staff, not only to encourage Aboriginal people to use its services, but to provide a service based on a variety of backgrounds and experiences,” Mr Hatzistergos said.
The program is in honour of Judge Bob Bellear, Australia’s first Aboriginal judge and a tireless advocate of Aboriginal legal rights.
The program will provide two scholarships worth up to $5000 per year to Aboriginal school students who are entering into their Higher School Certificate years. The school scholarships will be advertised at the beginning of Term 4 in state schools with the students receiving scholarships for next year.
In addition to the scholarships, Legal Aid NSW’s Aboriginal Employment and Career Development Strategy also includes cadetships for full-time undergraduate law students, two-year placements for law graduates and professional legal placements enabling law graduates to complete practical legal training to gain admission.
Legal Aid NSW aims to fill two per cent of its permanent positions with Aboriginal people by June next year and four per cent by 30 June 2009.
“The NSW State Government supports initiatives that will see more Aboriginal people employed in the NSW public sector,” Mr Hatzistergos said.
“Legal Aid NSW has set some solid foundations to ensure that its future workforce reflects the broader NSW community and its client base by creating greater employment and career opportunities for Aboriginal people."
Naming of children in criminal matters
Issued on Friday October 5
A NSW parliamentary committee will review laws that prohibit the publishing or broadcasting of the names of children involved in criminal proceedings, NSW Attorney General John Hatzistergos announced today.
“This is a particularly sensitive area of the law which must balance the interests of open justice with the need to protect young people, including those who are victims,” Mr Hatzistergos said.
The Standing Committee on Law and Justice will examine Section 11 of the Children (Criminal Proceedings) Act 1987 and report on whether the policy objectives of the prohibition remain valid, including to:
- reduce trauma for victims and allow them greater privacy during the recovery process
- reduce stigma for siblings of the offender and the victim
- allow child offenders to be rehabilitated and reintegrated into the community after they have served their sentences.
The Committee will also look at whether the Act’s prohibition on publishing names should cover:
- children who have been arrested, but not yet charged
- children, other than the accused, who are reasonably likely to be involved in the criminal proceedings
- any other relevant circumstance.
“These difficult issues would benefit from being examined by a bipartisan committee with input from the community,” Mr Hatzistergos said.
“There have been some recent cases which have highlighted areas which need further examination. For example in some of the gang rape cases of recent years if one of the accused was underage, all of the accused had their identities protected.
“The Act has been amended several times, most recently to allow the parents or other senior next of kin of a deceased child to consent to the publication or broadcast of the child’s name.
“It also allows the naming of children who are now adults, if the child’s name had previously been lawfully published or broadcast, allowing the media to use the names of children in cases already well-known.
“This is an important and complex issue which will benefit from an inquiry such as this and that’s why I referred it to this bi-partisan committee, Mr Hatzistergos said.
“This Section of the Act serves an important function and has to balance the interests of open justice against stigmatising children and providing for rehabilitation for offenders.”
Sydney court staff reach out to the homeless
Issued on Tuesday October 2 Sydney’s Local Court staff will operate an outreach program to help homeless people with legal issues, NSW Attorney General John Hatzistergos announced today.
“Homeless people are among the most disadvantaged members of our community, but this outreach program will help ensure they are aware of court processes and their legal rights,” Mr Hatzistergos said.
Staff from Parramatta, Newtown, Burwood and inner city courts will conduct seven face-to-face clinics each week at shelters and drop in centres across Sydney.
“While the staff are not in a position to give legal advice, they will provide practical information on a range of issues including questions of bail, sentencing and appeals,” Mr Hatzistergos said.
“They will also assist homeless people with Apprehended Violence Orders, explain how they can resolve disputes through mediation and the options available to them if they have outstanding debts or fines.”
The three-month pilot program will start tomorrow following additional training of court staff.
The program will complement the Homeless Persons’ Legal Service, which has been operating with support from the NSW Attorney General’s Department since 2004.
“The Homeless Persons’ Legal Service provides free legal advice and representation to people who have fallen on hard times,” Mr Hatzistergos said.
“An increasing number of lawyers are volunteering for this important service, which is hosting clinics at nine locations in Sydney.”
Mr Hatzistergos said the NSW Government would continue to look at ways of improving access to the justice system.
“Court staff in Western NSW will soon begin a similar outreach program for people in remote communities, who may find it difficult to attend a courthouse,” Mr Hatzistergos said.
The NSW Court system is the largest in Australia and handles more cases than any other jurisdiction.The Productivity Commission’s Report on Government Services 2007 highlighted that the Local, District and Children’s Courts are national leaders in terms of timeliness in dealing with criminal matters.
New website helps victims through the court process
Issued at 2pm on Tuesday October 2
NSW Attorney General John Hatzistergos will today launch the state’s most comprehensive website for victims of crime involved in court proceedings.
Courtwise is an interactive website that guides victims through the different stages of the criminal justice process, from the police investigation until after the court case.
“Attending court can be daunting and confusing for victims, but this valuable online tool will allow them to prepare for the experience from the comfort and safety of their home,” Mr Hatzistergos said.
“Courtwise demystifies the legal system through the use of straight-forward language, pictures and games. Victims can take a virtual tour of a courtroom and learn about the roles of key participants in a trial,” he said.
Other features of the website include:
- Details about victims’ rights
- A dictionary of terms commonly used in court
- Information for families of victims and support workers
- Contact details for counselling services
- Relaxation tips and advice on getting ready for a day in court
Courtwise was developed over 18 months in consultation with a range of justice agencies and support groups.
Mr Hatzistergos said the Sexual Offences Taskforce endorsed the project.
“The government has acted on the taskforce’s recommendations, by introducing a raft of reforms to reduce the trauma felt by victims of sexual assault,” Mr Hatzistergos said.
The website was originally intended for sexual assault victims, but Mr Hatzistergos said its scope had been expanded to include all victims of crime.
“Crime affects all sections of society and the website was carefully designed to be relevant to people of all ages and backgrounds. It includes information for people with disabilities and specific needs.”
Website address: www.courtwise.nsw.gov.au
Daylight saving to be extended
Issued on 27 September 2007
An extra month of daylight saving next year is one step closer following the introduction of new laws into State Parliament to bring NSW in to line with other states, Attorney General, John Hatzistergos said today.
Mr Hatzistergos said while the changes will start in April next year, daylight saving will then commence on the first weekend in October – rather than the last – and will end a week later on the first Sunday in April.
“These changes will mean more time for families to enjoy the outdoors and get together in daylight after work,” Mr Hatzistergos said.
“With longer working hours, I know families will welcome the extra time at the end of the day to spend with the kids.
“Having more daylight towards the end of the day, when many people are awake, also helps the environment through a decreased need for electric lighting,” he said.
Mr Hatzistergos confirmed the changes would take effect in 2008, with daylight saving commencing “as usual” in October 2007 and ending later in April 2008.
“These changes will also mean that daylight saving time is aligned between Victoria, the ACT and Tasmania,” he said.
“While Western Australia has yet to decide on the change, I hope they will consider coming on board.
“By harmonising daylight savings changes, it makes doing business less confusing and helps to minimise inconvenience.
“Visitors from inter-state and overseas also find a common time zone easier to understand and helps make travel between states easier to organise.”
Mr Hatzistergos also said that the commencement of new times in 2008 would help businesses and families prepare to take advantage of the changes.
Retirement of Wagga Wagga magistrate
Issued on 31 August 2007
Long serving Magistrate Michael Dowd has been farewelled from the bench at a retirement ceremony in Wagga Wagga today by the Attorney General John Hatzistergos and Chief Magistrate Graeme Henson.
Magistrate Dowd has served for the past 14 years in the Local Court in country and regional areas of the state, including Broken Hill and Griffith and since 2003 has been the Regional Coordinating Magistrate at Wagga.
Mr Hatzistergos praised Magistrate Dowd’s support of the Domestic Violence Intervention Model which is being trialled in Wagga and Campbelltown.
“While a full evaluation of this trial will be done later this year early indications show since July last year the percentage of defendants entering guilty pleas has risen from 17 to 40 percent.
“Magistrate Dowd deserves recognition for ensuring co-operation between police, the court and other agencies which has seen improved support for victims and more timely prosecutions.
“You have served the people of this state - particularly in rural NSW with distinction and I wish you the best in your retirement,” Mr Hatzistergos said.
NSW Chief Magistrate Graeme Henson said Magistrate Dowd was a hard working and straight-talking quiet achiever who would be greatly missed.
“It is both an honour and a sadness to preside at the farewell of a magistrate who is universally admired by his peers and I suspect the community at large,” Chief Magistrate Henson said.
“Magistrate Dowd has worked by the creed that things must be done correctly, as expeditiously as possible, and with as much humanity as the law will allow.”
New magistrates appointed to Local Court
Issued 30 August 2007
NSW Attorney General John Hatzistergos today announced the appointments of Geoff Dunlevy and Sharon Holdsworth to the bench of the NSW Local Court.
Mr Dunlevy is the President of the Law Society of NSW and has 10 years' experience as a solicitor in Moree and Narrabri in western NSW. At 34, Mr Dunlevy will become the state’s youngest magistrate.
Ms Holdsworth is the Managing Lawyer of the Director of Public Prosecutions’ (DPP) Campbelltown Office. Before joining the DPP in 1992, Ms Holdsworth worked in NSW local courts for almost a decade where she acted as a registrar and chamber magistrate.
Mr Hatzistergos said both had extensive experience in local courts and were highly regarded by their peers.
“Mr Dunlevy has a very strong knowledge of the obligations of regional courts and as well as his tenure as Law Society president has shown an outstanding commitment to community service.
“Ms Holdsworth brings a wealth of experience in criminal law and is sensitive to the issues dealt with by the local jurisdiction.
“I am proud to announce these appointments and both will be a valuable addition to the bench.”
Mr Dunlevy and Ms Holdsworth will resign from their current positions before being sworn in as magistrates on Monday, 17 September 2007.
Breastfeeding mothers protected by law
Issued 3 August 2007
The NSW Government has moved to outlaw discrimination against breastfeeding mothers, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said he was concerned that some mothers, especially those returning to work, were stopping breastfeeding due to a fear of discrimination.
“Unfortunately, there are still some people who retain unsympathetic attitudes towards breastfeeding in public, including in the workplace,” Mr Hatzistergos said.
“These new laws will provide breastfeeding mothers with the full protection of the law, ensuring that children in New South Wales are given the best possible start in life.
“Women who feel they’ve been discriminated against can make a complaint to the Anti-Discrimination Board which will investigate the matter and try to resolve the issue through conciliation.
“If that fails the complaint can then proceed to the Administrative Decisions Tribunal, where further remedies are available,” Mr Hatzistergos said.
Minister for Women Verity Firth said discrimination can result in mothers feeling pressured to wean babies and infants earlier than recommended.
“Research shows that less than half of Australian mothers breastfeed their babies for the minimum six months recommended by the World Health Organisation (WHO) and the United Nations Children’s Fund (UNICEF).
“While Australia has a high 90 per cent initiation rate for breastfeeding, it quickly declines by the three month mark.
Babies who are breastfed:
- Have a lower risk of cot death
- Show a decreased likelihood of developing allergies
- Have a lower risk of developing diabetes or becoming obese
- Save parents money on infant formula and feeding equipment
- Are sick less often which decreases costs to families and communities in medical bills and parent’s lost time at work.
“As well as the benefits to babies, breastfeeding is also extremely good for mothers, helping their body return to its pre-pregnant state more quickly,” Ms Firth said.
“Women who have breastfed their babies also have a decreased risk of cancer of the breast and ovaries, heart disease and osteoporosis.
“Breastfeeding is also easy and convenient and I’m pleased the Government is making this announcement during World Breastfeeding Week, which aims to promote its benefits globally and reduce infant mortality in poorer countries,” Ms Firth said.
The announcement also coincides with Australian Breastfeeding Association’s national conference, HOT MILK, where over 1200 breastfeeding counsellors, educators and health professionals will gather to learn the latest on breastfeeding research and practice.
Margaret Grove, National President of the ABA said the decision was warmly welcomed.
“This is a great first step which further highlights breastfeeding as a vital health issue,” she said.
The conference is being held in Melbourne and the NSW Office for Women is providing financial support to assist NSW participants with travel costs.
$170,000 disability access upgrade at Singleton Court
Issued Wednesday 1 August 2007
People with disabilities will enjoy easier access to the historic Singleton Courthouse following significant modifications to the building, NSW Attorney General John Hatzistergos said today.
“Like anyone else, people with disabilities are entitled to proceed through the justice system with dignity and this building now has the facilities to make their court experience more comfortable,” said Mr Hatzistergos.
Two ramps have been installed to provide better access to the court’s registry and to a new protected waiting area outside the court. Accessible toilet facilities will be added to the rear of the building.
Mr Hatzistergos said the $170,000 project was part of the NSW Government’s plan to improve disability access at courts across the state.
“Eighty-five per cent of the state’s courts were built before 1930. The government is working hard to bring these buildings in line with modern standards while preserving their aesthetic and heritage value,” said Mr Hatzistergos.
The Singleton Courthouse was built in 1868, after a group of local citizens banded together to purchase land for a court.
Mr Hazistergos said the courthouse remained an important asset for the Singleton community.
“Over the past 12 months, the NSW Government has spent $440,000 replacing weather damaged sandstone and reinforcing the courthouse roof,” said Mr Hatzistergos.
Master plan for Wagga Courthouse upgrade complete
Issued on Wednesday 25 July
A $50,000 master plan for the upgrade of Wagga Courthouse has been completed, NSW Attorney General John Hatzistergos announced today.
“The capacity of Wagga Courthouse will be vastly increased, with the addition of two jury courts and a new call-over court,” said Mr Hatzistergos.
“Public spaces will be made more comfortable, there will be more facilities for the legal profession and the court registry will be brought into the main building.”
The master plan was developed following consultations with Police, the Department of Corrective Services and other court users.
“The architects have given careful consideration to the needs of the community as well as a range of heritage issues,” said Mr Hatzistergos.
“While the courthouse will be expanded and modified to include state-of-the-art facilities, the exterior of the building will be preserved and it will remain one of the city’s most important and enduring landmarks,” said Mr Hatzistergos.
Mr Hatzistergos said the project posed significant challenges.
“The extensions to the building are dependant on acquiring land currently occupied by the neighbouring police station. However we are confident of reaching an agreement with police, who have plans to build a new station at a separate location,” said Mr Hatzistergos.
“There is no doubt the courthouse upgrade will be complex, with a number of council and heritage approvals required and limited space on which to build. But the completion of the master plan is a major step in the right direction and it clears the way to begin the process of detailed design.”
Mr Hatzistergos said the entire redevelopment would take four to five years.
“The project will be lengthy due to a need to acquire neighbouring land and to conduct construction work outside of business hours to avoid disrupting the court,” said Mr Hatzistergos.
“The redevelopment of Wagga Courthouse will be one of the most significant court projects undertaken by the Iemma Government in regional NSW.”
Iemma pledges bail crackdown
Issued on 22 July 2007
NSW Premier Morris Iemma today unveiled a series of new anti-terrorism offences, steps to tighten NSW bail laws, and more powers to help police crack down on criminals.
“We must always be vigilant about the threat to the safety of our citizens, that’s why our laws are under constant review to ensure that our legal framework provides police with the powers and they need to keep us safe,” Mr Iemma said.
“It will now be a specific offence to supply or take part in supplying explosives, and those who do this will face up to three years in prison.
“We will also increase the maximum penalty for unlawfully possessing or making explosives to up to three years in gaol.”
Other reforms include:
- establishing a presumption against bail for all prescribed persons who are involved in licensed firearms dealing business
- establishing a presumption against bail for those involved in shortening firearms, or possessing or selling shortened firearms
- enabling police to take non-intimate DNA samples (such as hair samples) from suspects in all offences, not just indictable offences such as murder, sexual assault and robbery
- expanding the use of pre-deployed road spikes where police believe it may prevent persons from escaping. Currently road spikes may only be deployed once a police pursuit has already commenced
- allowing crime scene warrants to be granted for up to 30 days in terrorism cases, as opposed to the current six days.
“Today I am also announcing that the Government plans to restrict access to bail applications in the Local Court system, to help protect victims of violent crime,” the Premier said.
“Currently there is no limit on the number of times a cashed-up accused can apply to the Local Court for bail.
“That means victims of crime are forced to re-live the events leading up to the arrest of the defendant and endure the continued public attention that these crimes attract.
“Every time someone has another go at getting bail, the victims and their families must face the prospect that an alleged assailant will be free to roam the streets.
“Under current arrangements remand prisoners can usually only take their case to the Supreme Court once.
“The changes will extend that to the Local Court system to put a stop to repeat applications, unless there is some compelling new reason to revisit the matter,’ Mr Iemma said.
The Attorney General John Hatzistergos said victims groups had argued strongly for changes that help limit the number of times victims have to re-live events.
“It makes sense that if limits apply in our higher courts, they should apply across the board.”
Mr Iemma said the proposed changes to the Bail Act are sensible and fair and strike the right balance between offering greater protection to the victims of crime and the rights of the accused to apply to a court for bail.
The court will not be able to proceed with a second bail hearing unless the applicant had no legal representation the first time around or the court can be satisfied that new facts have arisen since making the first order.
No closures planned for NSW courts
Issued on July 19 2007
Contrary to recent claims by the NSW Opposition the Government has no plans to close any of the state’s Local Courts and is examining ways of improving the system, Attorney General John Hatzistergos said today.
“This review by the Attorney General’s Department is not unusual – we are constantly looking at ways of improving our courts network.
“As part of this review, we will be talking to local communities and our court staff about how we can make sure the community is getting the services it needs.
“Comments by the shadow Attorney General Greg Smith that the Government is dumbing down the criminal justice system are misleading and causing undue concern in local communities.
“Mr Smith appears to have conveniently forgotten that within months of attaining office, the last Coalition Government closed 39 courts in a single day, a decision which took our court system to the verge of collapse.
By contrast the Government has recently:
- Opened a new $5 million court in Blacktown
- Built a new $9.7 million Children's Court at Broadmeadow, an $11.5 million complex at Mt Druitt and a new $21.2 million courthouse at Bankstown.
- Built additional courtrooms at Orange and Moree with one currently under construction at Nowra.
In addition, the $330 million Parramatta Justice Precinct, to be completed by the end of this year, will be state-of-the-art and purpose built for the 21st century.
The NSW Court system is the biggest in Australia and handles more cases than any other jurisdiction.
It is also the best performing with the Productivity Commission’s Report on Government Services 2007, finding the NSW District Court, Local Court and Children’s Court are all national leaders in terms of timeliness of criminal matters.
“The Government’s investment in our courts is unparalleled,” Mr Hatzistergos said.
“It should be remembered that the NSW Coalition was responsible for possibly the darkest day in the history of our justice system when it stripped 39 communities of their courts in a single day."
$350,000 technology upgrade for Orange Courthouse
Issued on Wednesday 18 July 2007
The NSW Attorney General John Hatzistergos today announced the completion of a $350,000 upgrade of Orange Courthouse’s video conferencing system.
“The upgrade includes a new bail video conferencing suite for the local court, a new video conferencing suite for the district court and an improvement of the existing remote witness facilities,” Mr Hatzistergos said.
“The video technology enables defendants to make bail applications to the local court from correctional facilities, which will improve courtroom safety and reduce prisoner transport costs.
“Witness testimony and pre-recorded evidence can be relayed to the local and district courts via the video conferencing system from anywhere in Australia or the world.”
Orange’s local and district courts will now be able to play back all five standard forms of electronic evidence presented in the courtroom - CD, analogue tape, DVD, VCR and VGA (for input from a laptop computer).
Mr Hatzistergos said the enhanced remote witness room would help ease the trauma for children and sexual assault victims who were required to give evidence.
“The remote witness room is a video conferencing facility located in a discrete part of the courthouse, which allows vulnerable witnesses to give evidence without having to enter the courtroom,” Mr Hatzistergos said.
“The facility records the testimony so that it can be used in future proceedings such as appeals. This ensures the witness does not have to provide evidence over and over again.”
Magistrates to decide on bail seven days a week
Embargoed 5.30 am Sunday July 1 2007
Magistrates will work on weekends to help ensure consistency in the state’s justice system, NSW Attorney General John Hatzistergos announced today.
From June 30, magistrates will preside over Parramatta Bail Court, where the majority of the state’s weekend bail applications are heard.
“This joint initiative between the Magistracy and the Attorney General's Department will ensure that wherever possible in NSW, defendants in custody will have access to an experienced member of the judiciary on the question of bail,” said Mr Hatzistergos.
Until now, registrars and authorised justices have been responsible for weekend bail matters.
The weekend magistrate initiative will coincide with an expansion of the state's Audio Visual Link (AVL) network.
“The operation of AVL facilities at the Sydney Police Centre begins next week, they’ll also be completed later in the year at Penrith Police Station and will reduce the need to transport defendants on remand to Parramatta Bail Court on weekends,” said Mr Hatzistergos.
“Across the state, more defendants in custody are seeking bail via video link, which helps improve the safety and efficiency of the courts and saves taxpayers’ around $3 million a year.”
The number of inmates who have appeared in court via video link has more than quadrupled over the past five years.
“In 2007 alone, the audio visual link network will be utilised on more than 26,000 occasions, with bail applications accounting for 80 per cent of all use,” said Mr Hatzistergos.
The NSW Attorney General's Department has installed 166 AVL systems in courtrooms, correctional facilities and other justice agency sites. The NSW Government’s 2007/08 budget has allocated $2.9 million to further expanding and improving its AVL network.
Government rejects proposal to further regulate media
Issued: 20 June 2007
Attorney General John Hatzistergos has announced that the NSW Government has rejected the recommendations in a Final Report on media surveillance by the NSW Law Reform Commission.
An Interim Report by the Commission in 2001 made 121 recommendations about the regulation of surveillance, mainly that if covert surveillance was to be used, permission from an independent arbiter should be obtained first.
The report recommended it apply to law enforcement, employers and the media.
The Government has already introduced laws protecting employees from being covertly filmed or having their emails accessed by employers.
Strict laws also exist regarding police surveillance with national laws currently under consideration.
But the Commission was asked to re-examine it after concerns that imposing additional requirements could amount to an infringement on the freedom of the press.
In the Commission’s Final Report, there are no changes to the recommendations in the Interim Report, despite strong opposition from media outlets which argued:
· It would require permission to take photographs without the subject’s knowledge
· impose a cost and administrative burden on newsrooms
· and failed to recognise the nature and speed at which the media works.
Mr Hatzistergos said the media, along with the public, already face restrictions under offensive behaviour laws such as filming people undressing, topless on the beach, or private sexual acts.
“They also have their own codes and guidelines which say stories should be presented honestly and fairly.
“It is important there is an appropriate balance between the need to protect people from unreasonable and intrusive surveillance, and the public’s right to be informed of matters of public interest.
“I am not convinced the recommendations in this report get the balance right, and the Government won’t be implementing the recommendations,” Mr Hatzistergos said.
New Senior Public Defender announced
Released Wednesday 20 June 2007
NSW Attorney General John Hatzistergos today announced Mark Ierace SC as the new Senior Public Defender.
Mr Ierace has 26 years experience as a barrister including work as a public defender, a private criminal lawyer and as a prosecutor for the Commonwealth DPP and the United Nations International Criminal Tribunal.
“I believe Mr Ierace’s wealth of experience in both the public and private sector, both here and overseas, will be invaluable in his new role as the NSW Senior Public Defender,” Mr Hatzistergos said.
For four years from October 2000 he was the Senior Prosecuting Trial Attorney with the United Nations International Criminal Tribunal for the former Yugoslavia.
In that position, based in The Hague in The Netherlands, he led the prosecution case against General Stanislav Galic, who was the officer in charge of the 18,000 Bosnian Serb troops who perpetrated the siege of Sarajevo.
It was the first case before an international criminal tribunal in which a person was charged and convicted of terrorising a civilian population.
Mr Ierace was also responsible for presenting in court part of the case against former Yugoslav President Slobodan Milosevic.
He has a Masters degree in International Law from the University of Sydney and has written legal textbooks.
Court facilities upgraded to assist victims
Released on 19 June 2007
NSW is set to benefit from new courthouses and upgraded facilities as part of a record $716 million Budget for 2007/08, Attorney General John Hatzistergos said today.
Mr Hatzistergos said $103.7 million will be spent on the expansion and upgrade of existing courthouses, along with the continued roll out of remote witness facilities in NSW Courts.
“This budget will provide $57.8 million for the continuing development of the Parramatta Justice Precinct, which will involve the construction of Justice Agencies Offices and the Sydney West Trial Complex, Mr Hatzistergos said.
“Courthouses across NSW will also benefit from $17.8 million to upgrade courthouses to improve accessibility and space.”
In other improvements:
- Video conference networks will be extended to courts, Legal Aid and Correctional facilities in rural and regional areas as part of a $2.9 million funding boost.
- Witnesses in remote areas will now be able to give evidence via video link and CCTV under a $5 million project that will commence in 2007/08.
- Remote evidence witness facilities allow vulnerable witnesses, such as children or victims of sexual assault to give evidence without the confrontation of an actual court appearance.
Mr Hatzistergos said victims of domestic violence would also benefit from $2.1 million to continue the Domestic Violence Court Interventional Model at Wagga Wagga and Campbelltown.
“This model was developed to better tailor the response of the justice system to victims of domestic violence, Mr Hatzistergos said.
“The model has proven to increase guilty pleas and reduce court waiting times for victims.”
Practical help to stop graffiti
Released on 8 May 2007A new website and $360,000 targeted program in seven local government areas will deliver practical help to prevent, remove and report graffiti, Attorney General John Hatzistergos said today.
Mr Hatzistergos said the new website – www.graffiti.nsw.gov.au – will help the prevention and rapid removal of graffiti.
“Graffiti vandalism is a crime which carries a sentence of up to five years in prison or fines up to $2200,” Mr Hatzistergos said.
“This website will assist in the rapid reporting and removal of graffiti, as well as helping members of the public minimise the risk of their property being exposed to graffiti vandalism.
“Evidence shows that ongoing problems with graffiti can be prevented through the removal of graffiti in the first 24 to 48 hours of the offence being committed.
“This website will offer practical help to individuals, business and communities to remove graffiti and prevent its reoccurrence through ideas such as surveillance, anti-graffiti material and building design.”
Mr Hatzistergos also announced seven local government areas would benefit from pioneering a new program to crack down on graffiti vandalism.
“This program will in include volunteers, three rapid removal programs and new projects designed to prevent graffiti through building design,” Mr Hatzistergos said.
Mr Hatzistergos said the website and grants builds on efforts announced by the Iemma Government to crack down on graffiti through:
· Giving police the power to confiscate spray cans for persons under the age of 18 found with a spray can in a public place;
· Forcing all public sector bodies to remove graffiti in 48 hours from the time of reporting
· Reviewing all legislation to help stop graffiti
New State Coroner appointed
Embargoed until 5.30am on 3 May 2007
NSW Attorney General John Hatzistergos today announced the appointment of Magistrate Mary Jerram as the new State Coroner.
Mr Hatzistergos said Magistrate Jerram’s appointment follows a career as a Magistrate spanning almost 13 years, and as a former Deputy Chief Magistrate of the local court.
“Magistrate Jerram’s experience in the wide ranging jurisdiction in the Local Court will equip her well for the challenging matters heard in the Coroner’s Court,” Mr Hatzistergos said.
“As the new State Coroner, Magistrate Jerram will be instrumental in considering recommendations that can help avoid future tragedies.
“I know that Magistrate Jerram’s appointment will enhance the ongoing work of the Coroner’s Court and the administration of justice in NSW.”
Mr Hatzistergos said Magistrate Jerram’s appointment follows a long career as a solicitor in a range of criminal law matters and as a Magistrate of the Local Court from 1994, including a period as Deputy Chief Magistrate.
“Magistrate Jerram will be able to bring her experience in leadership and administration of the Local Court to her new role as the State Coroner,” Mr Hatzistergos said.
“As State Coroner, Magistrate Jerram will lead all Coroners and Assistant Coroners at over 100 locations across NSW.
“In her time as Deputy Chief Magistrate, Magistrate Jerram provided advice regarding legislative and other proposals to assist government, as well as education for other magistrates,” he said.
Mr Hatzistergos also announced the appointment of a new Deputy State Coroner, Paul MacMahon.
Both the incoming State and Deputy Coroners will commence in their new roles on 7 May 2007.
Discussion paper targets identity crime
Issued at 5.30 am on 18 April 2007
NSW Attorney General John Hatzistergos today announced the release of a discussion paper on identity crime by a peak group of law experts from across the nation.
Mr Hatzistergos said identity crime covers a broad range of offences including somebody illegally using another person’s credit card details to make purchases over the phone or internet, through to someone assuming another person’s entire identity to open bank accounts, take out loans, and conduct other business.
“As our use of information technology increases, so too does identity fraud,” he said.
“Identity crimes don’t just involve financial fraud, but can be used to cover up or allow various forms of serious criminal activity.
“Although existing fraud offences are currently available in NSW, the development of identity crime legislation would ensure it kept up with newer identity crime methods.
“A nationally consistent legislative framework would also be helpful in prosecuting identity crime offenders as they frequently work across state borders.
“It would not only help prosecute offenders but would also better inform the community.”
The Model Criminal Law Officers' Committee (MCLOC), which includes representatives from State and Federal legal agencies, prepared the report at the request of the Standing Committee of Attorneys General.
The report will be available on www.lawlink.nsw.gov.au/clrd.
Daylight savings ends on Sunday
Released: Friday 4 March 2008
NSW Attorney General John Hatzistergos today reminded people to put their clocks back by one hour before they go to bed on Saturday night, with daylight saving to end at 3am on Sunday.
Beginning this year, daylight saving will start on the first Sunday in October and end on the first Sunday of April.
“The changes will give people an extra four weeks of daylight saving and bring NSW into line with Victoria, the ACT, South Australia and Tasmania,” Mr Hatzistergos said.
The legislation extending daylight saving was passed by NSW Parliament on 23 October 2007.
Mr Hatzistergos said harmonising daylight saving in South Eastern Australia would reduce confusion over time zones.
“These changes will ease the regulatory burden on businesses and make it easier for tourists travelling between states,” Mr Hatzistergos said.
“Extra sunshine at the end of the day is an opportunity for people to enjoy the outdoors and is a boost to the tourism industry,” Mr Hatzistergos said.
A 24-hour recorded message with dates of daylight saving can be accessed by calling (02) 8688 7966.
A fact sheet on daylight saving is available at the Attorney General’s Department website: www.lawlink.nsw.gov.au/cru
Tightening sentences for guilty pleas
Released: Wednesday 2 April 2008
Tightening new legislation will restrict discounts offered to defendants in return for guilty pleas and will help to spare victims of crime the anguish of attending lengthy court trials, said Attorney General John Hatzistergos.
Under legislation, to be introduced to NSW Parliament today, defendants will be offered a 25% discount off the sentence they face if they make the plea before the committal hearing.
Defendants who plead guilty late, after the committal hearing, will ordinarily be restricted to a discount of just 0–12.5%.
Mr Hatzistergos said the new scheme will be significantly less than common law discounts often given by judges for guilty pleas, which can be as high as 35%.
- The aim of the scheme is to restrict reductions in sentencing. Late pleas will get longer sentences. It will also help bring about greater consistency.
- Defendants who wait until the last moment, when they realise they have no chance of winning at trial will face more severe penalties than if they had plead guilty earlier.
- Where possible the legislation will spare victims the agony of lengthy trials and having to give evidence in difficult cases.
Under the legislation, there will be a compulsory conference at an early stage between defence lawyers and the prosecution.
“You know when you’re guilty. It’s not a game. You are not genuinely contrite if you have not owned up early,” said Mr Hatzistergos.
“Rather than take their chances and drag their victims through court defendants will have an incentive to enter a plea early.”
He said in the past defendants had played a waiting game to see what evidence the prosecution had before entering their plea. At that time defendants sometimes got hefty discounts even when they plead during the trial.
Prosecution statistics show that of cases committal for trial about 50% of cases ended in guilty pleas on or near the trial date and only around 15% of cases ended with pleas at the earlier committal stage. Around 35% continued to trial.
The legislation will be tested in a 12-month trial run in Downing Centre and Central Local Court. The trial will apply to indictable matters but murder and other life sentence offences will not be part it. Extreme offences where no discount should apply also be excluded.
Mr Hatzistergos said the 12 month trial will be independently evaluated by the Bureau of Crime Statistics and Research, in consultation with victim and other parties.
Industrial Relations Commission President appointed
Released: Tuesday 1 April 2008
NSW Attorney General John Hatzistergos today announced that he will recommend to Her Excellency the Governor the appointment of Justice Roger Boland as President of the Industrial Relations Commission of NSW.
Justice Boland has been a judge of the Industrial Court of NSW and a Deputy President of the Industrial Relations Commission of NSW since 2000.
“Justice Boland is among the most respected industrial court judges in Australia. His reputation both for efficiency and attention to detail will be valuable assets when he begins his new role,” Mr Hatzistergos said.
In a career spanning more than 40 years, Justice Boland has served as Industrial Relations Director of the Australian Industry Group (formerly known as the Metal Trades Industry Association of Australia). He became a barrister in 1983 and has sat on the Parliamentary Remuneration Tribunal since 2001.
Justice Boland replaces Justice Lance Wright, who retired as President in February.
“I am grateful to Justice Michael Walton for acting as President of the commission while Justice Boland’s appointment was being finalised,” Mr Hatzistergos said.
Don’t wind your clocks back yet!
Released: Saturday 29 March 2008
Attorney General, John Hatzistergos, today reminded people that the harmonisation of daylight saving in South Eastern Australia means daylight saving will no longer end on the last Sunday in March.
Daylight saving ends on Sunday 6 April 2008 at 3am summer time when clocks are to be put back one hour.
Legislation to extend daylight saving was passed by Parliament on 23 October 2007.
From now on, daylight saving begins on the first Sunday in October and ends on the first Sunday in April.
The extension of daylight saving follows landmark discussions in 2007 between New South Wales, Victoria, South Australia, Tasmania, and the Australian Capital Territory.
“The changes are about getting rid of confusion, reducing the regulatory burden, giving people more time to spend outdoors and giving an added boost to our tourism industry,” Mr Hatzistergos said.
An additional four weeks of daylight saving will have a positive impact on the people, the environment and the economy of NSW.
New law on drink spiking comes into force today
Released: Friday 28 March 2008
The spiking of food or drink will be made a criminal offence with the commencement of a new law today (Friday 28 March 2008).
Attorney General John Hatzistergos said the new law makes spiking in and of itself an |
