Media releases 2008
This is a list of media releases issued by the Attorney General in 2008.
Go to 2007 releases >>
2008
New youth conduct orders to tackle anti-social behaviour
Issued: Friday 18 July 2008
State Plan Priority R1: Reduced rates of crime, particularly violent crime
State Plan Priority R2: Reducing re-offending
State Plan Priority R3: Reduced levels of antisocial behaviour
State Plan Priority F4: Embedding the principle of prevention and early intervention into Government service delivery
In an Australian first, wayward youths charged with anti-social offences will be the target of the Iemma Government’s new Youth Conduct Orders program.
NSW Attorney General John Hatzistergos today announced a $1.4 million trial of the innovative program, which will be piloted in the New England, Campbelltown and Mount Druitt local area commands from December.
“Under the trial, young offenders charged with lower level anti-social offences that would be otherwise dealt with under the Young Offenders Act can instead be placed on a Youth Conduct Order for up to 12 months,” Mr Hatzistergos said.
“Orders can include strict limitations on a juvenile’s movement and behaviour, including curfews, school attendance requirements and non-association orders so they don’t mix with bad influences or gang members.
“Offenders will also undergo intensive case management with their families, forcing them to confront issues like drug and alcohol dependence.
“They can also be referred to treatment for mental health problems and their families may be given extra help with parenting support and housing.
“The aim is to get young offenders to work with their families in addressing the causes of their anti-social behaviour before they graduate into career criminals.
“This is not a soft option. If a juvenile on a Youth Conduct Order steps out of line, they risk being sent straight back to Court to face the full force of the law.”
Mr Hatzistergos said the introduction of Youth Conduct Orders delivered on a 2007 election commitment by the Iemma Government.
“This is another example of how the government is keeping its commitment to tackle youth crime and reduce re-offending rates and anti-social behaviour,” he said.
The program will be trialled for two years with an evaluation of its success to be undertaken by an independent evaluator.
A working group will be established to oversee the implementation of the scheme and will report to the NSW Government’s Crime Prevention Steering Group.
Circle Sentencing strengthened after evaluations
Issued: Wednesday 16 July 2008
State Plan Priority R1: Reduced rates of crime, particularly violent crime
State Plan Priority R2: Reducing re-offending
State Plan Priority R3: Reduced levels of antisocial behaviour
The Circle Sentencing program, an alternative sentencing court for Aboriginal offenders, is being strengthened following two evaluations which found the program had not reduced re-offending, said Attorney General John Hatzistergos.
However, Mr Hatzistergos said he was encouraged by one evaluation, which found Circle Sentencing had had success in relation to seven of its eight objectives but said there is more work to do meet the key re-offending objective.
“While the Government remains a strong supporter of an alternative sentencing program for Aboriginal people, the evaluations are a timely indication that the program needs to be strengthened,” he said.
“We will use these evaluations to inform the progress of the Circle Sentencing program, so that it is able to achieve all the objectives that were set out when the program was established.”
Changes being made to the program include:
- Increasing the participation rate,
- Targeting those offenders who would most benefit from participation in a circle,
- Better provision of appropriate support services, such as drug and alcohol treatment, to offenders who participate in a circle,
- Development of a formal approach to training and support for respected Aboriginal participants,
- Better support and assistance for Circle Sentencing Project Co-ordinators to ensure they are able to spend more of their time engaging with offenders, victims and the community,
- A new “Best Practice Guide” to ensure a consistent approach to the administration of the program and the follow up of offenders, and
- A commitment to active and ongoing monitoring of the program and the follow-up of offenders. This monitoring will include bringing participants back before the Circle to report on their progress if necessary in the circumstances.
The Cultural and Indigenous Research Centre conducted a separate qualitative evaluation of the program and found it was successful in relation to the following seven objectives:
- To include members of the Aboriginal community in the sentencing progress,
- To increase the confidence of Aboriginal communities in the sentencing process,
- To reduce barriers between Aboriginal communities and the courts,
- To provide more appropriate sentencing options for Aboriginal offenders,
- To provide effective support to victims of offences by Aboriginal offenders,
- To provide for the greater participation of Aboriginal offenders and their victims in the sentencing process, and
- To increase the awareness of Aboriginal offenders of the consequences of their offences on their victims and the Aboriginal communities to which they belong.
The BOCSAR evaluation also found the program’s eighth stated objective, to reduce recidivism in Aboriginal communities, had not been achieved.
“Reducing re-offending is one of the key objectives of the Iemma Government’s State Plan,” said Mr Hatzistergos.
“We must re-focus the Circle Sentencing program to make sure it achieves all of its objectives and those of the Government.”
The Circle Sentencing program was established in 2002 and is currently operating in Armidale, Bourke, Brewarrina, Dubbo, Kempsey, Lismore, Mount Druitt, Nowra and Walgett.
The program, which costs $1 million each year, is run in Local Courts and involves magistrates, respected members of the local Aboriginal community, police, victims and offenders and their legal representatives.
Highest number of serious offenders in prison
Issued: Sunday 13 July 2008
The number of serious offenders in NSW prisons last year grew to the highest number ever recorded, said Justice Minister John Hatzistergos.
Mr Hatzistergos said the 2007 Serious Offenders Review Council (SORC) annual report counted 671 serious offenders in 2007, up from up from 662 the previous year.
“There are more serious offenders behind bars in NSW today than ever before,” said Mr Hatzistergos.
“The rise of the overall prison population, and in particular serious offenders, has a direct impact on levels of crime, which are falling or stable in almost every category.”
In 2007 serious offenders made up 7.1% of the prison population which stood at 9,487 at the end of last year. Ten years ago, the overall prison population was 6,726, which included 471 serious offenders, or 7.0%.
Mr Hatzistergos said the SORC report, tabled in NSW Parliament on Friday, showed three quarters of the serious offenders who applied for parole last year failed in their attempt to be released from prison.
The report showed 31 serious offenders, or 26% of the 118 offenders eligible for parole, were released.
In 2006, SORC said that 32% of serious offenders, or 33 out of 103, were granted parole. An offender serving 12 years or more is considered serious.
Mr Hatzistergos said in 2005 the NSW Government strengthened parole laws so that offenders who are denied parole have to wait at least a year before reapplying.
“The legislative changes also spared victims the anguish of unnecessary hearings by removing the automatic right of an offender to a public hearing,” he said.
“The State Parole Authority is also required to give reasons when it decides not to revoke a parole order when asked to do so by the Commissioner of Corrective Services or a Probation and Parole Officer.”
He said offenders now required the approval of both the Parole Authority and SORC before being granted parole – accept under exceptional circumstances.
Reminder for political candidates to appoint agents to manage donations
Released: Thursday 10 July 2008
NSW Attorney General John Hatzistergos today issued a reminder to political candidates and elected members to appoint an agent to manage their campaign funding from 1 August 2008.
“From this date, candidates for local and state elections, including current Members of Parliament, must have an official agent to receive donations and manage campaign expenditure,” Mr Hatzistergos said.
“The first stage of a package of sweeping reforms to the state’s political donations system is now in place to deliver a more robust and transparent process.
“Laws passed by the Iemma Government last month ban MPs, groups, candidates and councillors from managing their own donations and personal campaign accounts.
“However, a limited exemption applies to those who raise less than $1,000 in donations and spend less than $1,000 on their election campaigns.
“In addition, a uniform disclosure threshold for donations of $1,000 will apply, as will a ban on certain ‘in kind’ donations of $1,000 or more.
“Anyone running for Council elections must comply with the new legislation and ensure all donations are managed by an official agent.
Mr Hatzistergos also announced changes to the Election Funding Regulation 2004 take effect today and complement the new Election Funding Amendment (Political Donations and Expenditure) Act 2008.
The new regulation – the Election Funding Amendment (Political Donations and Expenditure) Regulation 2008 – details the requirements for official agents and disclosure of donations. Amendments made by the Regulation:
- Prohibit persons convicted of offences involving fraud or dishonesty from being appointed by official agents to receive political donations or incur electoral expenditure on behalf of candidates, parties, groups, elected members;
- Provide details of records that must be kept in relation to donations and expenditure;
- Require parties, candidates and elected members to retain records for a period of three years, consistent with the Commonwealth’s record-keeping requirements;
- As a transitional measure for the upcoming local government elections on 13 September, allow the Election Funding Authority to grant official agents an interim exemption from the training requirement, provided the official agent completes training within 14 days and before the Council elections.
The Election Funding Authority is running public seminars covering issues such as the election timetable, nominations and groups, mayoral elections, election advertising and how-to-vote material, public scrutiny of candidates, voting and formality, scrutineering, vote counting and the new Election Funding obligations.
The final seminars will be held as follows:
- Strathfield Council Town Hall, 65 Homebush Road (cnr Redmyre Road), Strathfield — Wednesday 16 July, 6:00pm - 7:30pm
- Hurstville Entertainment Centre (adjacent to Hurstville City Council building) MacMahon Street, Hurstville — Saturday 26 July, 10:00am – 12:30pm
- Willoughby Council Chambers, Level 6 31 Victor Street, Chatswood, Saturday 26 July, 2:00pm – 3:30pm
- Randwick Council Chambers, 30 Francis Street, Randwick, Tuesday 5 August, 7.00pm – 8:30pm
Further information about the new donations and disclosure rules is available on the Election Funding Authority’s website at www.efa.nsw.gov.au, or by contacting the Authority on 1300 135 736.
Free public forum to help ease mortgage stress
Issued: Tuesday 8 July 2008
Free legal and consumer advice for homeowners experiencing mortgage stress will be offered at a public forum to be held in Parramatta on Saturday 26 July, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the forum, run by Legal Aid NSW, will bring together many service providers who can advise homeowners in financial difficulty about where they can turn to for help.
It is the first of three events planned for Sydney and the Central Coast over the next few months.
“Consumers not only need to be aware of their rights if they are experiencing financial hardship, but need to understand how important it is to act quickly,” Mr Hatzistergos said.
“In NSW, we are seeing an increasing number of people seeking help about what to do when they find themselves in financial difficulty with their mortgage.
“LawAccess NSW, a free telephone service that provides legal help, received over 10,000 calls last year about issues relating to debt, making it one of the most common enquiries to the service.
“Operators also reported a significant increase in the number of calls about mortgage stress.”
The first Surviving the Mortgage Crisis forum will be held at Parramatta Town Hall, 182 Church Street, on Saturday 26 July 2008 from 2pm to 3.30pm.
A panel of experts will give presentations and answer questions about mortgage stress. The forum will be followed by an expo where people can speak with exhibitors and pick up free information. Lawyers will also be available to give free, confidential advice between 3.30pm and 5pm.
Agencies taking part include the Consumer Credit Legal Centre, Credit Ombudsman Service Limited, Housing NSW Mortgage Assistance Scheme, LawAccess NSW, Lifeline, community legal centres and financial counsellors.
Member for Parramatta Tanya Gadiel said Parramatta was an excellent choice to host the first mortgage crisis forum.
“There are many residents in western Sydney suffering financial hardship,” Ms Gadiel said.
“This forum will provide some much-needed advice for those homeowners who don’t know their rights or where to turn for help.”
Additional forums will be held as follows:
- Gosford - 23 August 2008 at the Central Coast Leagues Club, Danes Drive.
- Rooty Hill - 13 September 2008 at the Rooty Hill RSL, 55 Sherbrook Street.
Legal Aid NSW publishes a range of helpful brochures on the topic of dealing with mortgage stress, which are available at www.legalaid.nsw.gov.au.
Anyone requiring urgent assistance can call LawAccess NSW on 1300 888 529.
More women Barristers to get Government work
Issued: Wednesday 9 July 2008
NSW Government agencies will be encouraged to provide more legal work to women barristers and advocates, the Attorney General John Hatzistergos announced.
Mr Hatzistergos said that State Cabinet had today endorsed a new “equitable briefing policy”, which will require all government agencies to actively seek female counsel in selecting barristers.
“Women comprise more than half of honours graduates from most NSW law schools, but are still under-represented at the Bar,” said Mr Hatzistergos.
“The promotion of a Government-wide equitable briefing policy is designed to counteract this anomaly.
“More Government work means more experience for women barristers. This in turn will encourage other organisations in the private sector to regularly engage them.”
Mr Hatzistergos said that the Attorney General’s Department had adopted its own equitable briefing policy in 2004, leading to a significant increase in the amount of work allocated to female counsel.
“The adoption of equitable briefing policies leads to real changes in the way Government agencies go about engaging legal counsel.
”By adopting a whole of Government approach, the NSW Government is promoting the equal progression of women in the law and the wider community”.
The new policy will not require a legislative amendment and will be take effect after a memorandum is circulated to agencies.
Government departments and agencies routinely brief external counsel to represent them in courts and tribunals, and to provide legal advice.
Bail refusals rise after government crackdown
Issued: Friday 11 July 2008
The proportion of defendants refused bail by the Local Courts has increased by almost 50% in the last 10 years said Attorney General John Hatzistergos.
He said new figures show 10,235 people were bail refused by Local Court Magistrates in 2007, up from just 5,661 in 1997.
But importantly, while the number of overall Local Court appearances has also grown, the number of bail refusals, compared to overall appearances, increased from 5.5% to 7.1% in the same time period.
“Because of the NSW Government’s reforms to bail laws, judges and magistrates are now better equipped to detain people facing serious charges,” said Mr Hatzistergos.
“Remanding someone in custody is not a form of punishment, but rather an act to manage the risks presented by an accused person who might be a flight risk or a danger to the community.”
The figures, compiled by the Bureau of Crime Statistics and Research, reveal bail refusals in Wollongong, Newcastle and at the Downing Centre in the Sydney CBD, increased even faster than the State average.
Mr Hatzistergos said the increase in bail refusals were in part the result of 2002 reforms to the bails laws which included the removal of a presumption in favour of bail for repeat offenders.
“More recently, the Government strengthened the Bail Act by adding two firearms offences to the list of those to which a presumption against bail applies,” he said.
“And we also introduced amendments to restrict bail applications in Local Courts to one attempt unless new evidence emerges or the defendant had no legal representation.”
He said bail refusals in the District and Supreme Courts also grew rapidly in the last 10 years. From 1997 to 2007, the number of bail refused in the District Court increased from 1,048 to 1,497. In the same period, the number of bail refused in the Supreme Court jumped from 48 to 90.
The BOCSAR figures show that as the number of overall bail appearances also grew in the District and Supreme Courts in the last 10 years, the percentage of bail refusals during the same period also increased.
The percentage increases for bail refusals were 16.7% for the District Court, and 28% for the Supreme Court.
New code of conduct to weed out rogue JPs
Issued: Thursday 3 July 2008
NSW Justices of the Peace will have to abide by a strict new code of conduct which comes into force on 1 August 2008, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said a state-wide roll out of the Code of Conduct for Justices of the Peace in NSW would begin today, with all 85,000 JPs to be sent a copy. The code is also live today on the website >>
“The Iemma Government has moved to ensure all JPs registered in NSW are subject to a strict code of conduct which clearly defines acceptable behaviour,” Mr Hatzistergos said.
“While most JPs are upstanding citizens, the new code will weed out rogue operators who engage in misconduct, such as breaches of client confidentiality, incorrect witnessing of documents and JPs advertising services in association with a business.
“Over the last two years, 22 JPs have lost office due to illegal behaviour, dishonest conduct or bankruptcy, while since the beginning of last year some 90 JPs have been warned for not following correct procedures.”
Mr Hatzistergos said JPs played a valuable role in the community and it was important to ensure the reputations of JPs doing the right thing were not tainted.
“The code will not only clarify standards for JPs who are uncertain of their obligations, but will also be useful for members of the public who may be unsure of what to expect when seeking the services of a JP,” he said.
Breaches of the code could result in JPs being removed from office. It covers:
- Prohibitions on charging fees
- Ensuring JPs do not profit from their office
- The need to maintain confidentiality
- Requirements to notify certain information to the Attorney General’s Department of NSW, and
- Guidelines relating to the general conduct of JPs.
A revised handbook will be available which explains the duties and procedures.
Members of the public can locate a JP or check an individual’s current appointment by searching the JP register at the website.
Grafton’s Sheriff’s cottage receives a facelift
Issued: Monday 16 June 2008
Grafton’s historic Sheriff’s cottage is receiving an $87,000 makeover, NSW Attorney General John Hatzistergos announced today.
“The Sheriff’s cottage, which was once Grafton’s courthouse, has been an important landmark in the Clarence River Valley since 1862,” Mr Hatzistergos said.
“The repair work will ensure the building remains part of the community for many years to come.”
Mr Hatzistergos said the project involved significant research to find the source of some of the building’s original materials.
“Many of the building’s tiles are damaged and will be replaced to prevent the roof from leaking,” Mr Hatzistergos said.
“The new tiles have been sourced from a 400-year-old quarry in Wales which supplied the original tiles when the cottage was built. This will preserve the heritage value of the building.”
New guttering and down pipes will be installed, while other parts of the building will undergo minor repairs.
The project, which began this week, is due for completion by the end of June.
Stopping sex offenders from changing names
Issued: Saturday 14 June 2008
Convicted sex offenders will not be allowed to change their names under a proposal agreed to by the Corrective Services Ministers Conference in Sydney on Thursday.
NSW Justice Minister John Hatzistergos said sex offenders who seek to change their names for improper purposes would be blocked.
“Serious sex offenders pose a major threat to the community,” said Mr Hatzistergos, “It is vital we stop them from trying to avoid authorities.”
Mr Hatzistergos said the proposal will target sex offenders who try to wriggle free of authorities and slip quietly back into the community.
“The policy would build on the Government’s ability to monitor sex offenders by forcing them to inform prison and parole authorities if they try to change their names,” said Mr Hatzistergos.
The proposal would require the State Parole Authority and the Department of Corrective Services, which both monitor sex offenders in the community, to be made aware if sex offenders tried to change their names.
This comes on top of the recent reforms to the Child Protection Register which force offenders to get Police approval to change their name. The NSW Registry of Birth, Deaths and Marriages already made checks on people who apply to change their names and the Registrar has power to refuse any application.
Mr Hatzistergos said the proposal followed an incident in Victoria when an offender, convicted of abduction and assault of six male children, tried to change his name.
Mr Hatzistergos said all states and territories – beside the ACT – endorsed the proposal at the Ministers Conference on Thursday.
“We need a national approach to this problem so that sex offenders don’t travel to other jurisdictions to change their names after they get out of prison,” he said.
Mr Hatzistergos said he was also concerned about sex offenders who tried to change their appearance as a way of going undetected in the community.
“Currently, conditions can be placed on parole or supervision orders requiring offenders not to change their appearance without departmental consent,” he said.
Tougher laws to guard against sex predators
Issued: Wednesday 4 June 2008
Strengthened laws governing the ongoing imprisonment of high-risk sex offenders to better protect the community will this week be introduced into NSW Parliament, said Attorney General John Hatzistergos.
Mr Hatzistergos said the Crimes (Serious Sex Offenders) Act 2006, which relates to Continuing Detention Orders (CDOs) and Extended Supervision Orders (ESOs) for high-risk sex offenders, will be broadened to capture more offenders and ensure the continued success of the scheme.
“The laws target sex-offenders who refuse to rehabilitate in jail or who continue to be a serious threat to the community even after their custodial sentence expires,” Mr Hatzistergos said.
“Since the laws were introduced, NSW has successfully applied to the Supreme Court of NSW to keep eight high-risk sex offenders behind bars or put on strict supervision orders if released.
“Tightening the laws will give the community an added layer of protection from sex offenders who have a high risk of re-offending.”
Mr Hatzistergos said crimes including assault with intent to have sexual intercourse as well as persistent sexual abuse of a person aged 16 to 17 will now be added to the list of crimes that make an offender eligible for a CDO.
“The Iemma Government is being proactive to ensure that continuing detention orders and extended supervision orders can apply to all potential high-risk sex offenders.”
Currently, some of the crimes on the list which can keep an offender in jail even after their sentence has expired are aggravated indecent assault; sexual assault and sexual assault with a child under 10.
Mr Hatzistergos said in addition, the Supreme Court will now be able to seek reports from registered psychologists when determining whether sex offenders should be subjected to further orders. Until now, the court only had the power to request reports from psychiatrists.
“An additional report from a psychologist could be useful, particularly in cases involving offenders with an intellectual disability. Psychologists are trained to assess cognitive functioning and may be able to provide a greater insight into an offender’s thought processes.”
Mr Hatzistergos said applications for CDOs and ESOs were carefully considered, given the serious deprivation of liberty involved.
Victims of crime have a say in sentencing
Issued: Wednesday 4 June 2008
State Plan Priority R1: Reduced rates of crime
State Plan Priority R2: Reduced re-offending
More victims of crime will have a say in how criminals are sentenced as part of an initiative to roll out the innovative Forum Sentencing program to more Local Courts, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said under the program, which was recently trialled at two Local Courts, criminals are confronted by their victims and can be forced to apologise, pay compensation or perform community work as a way of making amends.
“Offenders will be made to face up to what they’ve done by listening to what their victims have to say and then correcting their wrongs,” Mr Hatzistergos said.
“The State Government has committed $1.9 million in the 2008/09 State Budget to begin an expansion of the program.
“From July, Forum Sentencing will begin in Local Courts in Fairfield, Burwood and Campbelltown.
“This program will give magistrates another useful sentencing option.
“Following a rigorous suitability assessment, magistrates will be able to order an offender to sit down with the victim, a facilitator and police to discuss the impact of their crime and agree to an intervention plan. The magistrate can then sentence the offender taking this into account.
“As well as being forced to make an apology or pay compensation, an offender can be required to articipate in other programs, such as drug and alcohol treatment.
“Offenders who fail to complete the program run the risk of being sent to jail.”
Mr Hatzistergos said an evaluation of the trial was undertaken by the NSW Bureau of Crime Statistics and Research and found high levels of support for the program among participants, particularly victims.
The majority of victims who took part in the program believed it was fair to them and almost all offenders agreed that it would encourage them to obey the law.
As a result, the government has decided to expand the eligibility criteria to include offenders of all ages, not just those between 18 and 25.
However, hardened offenders, such as those who have previously been imprisoned and those guilty of serious personal violence and sexual offences, will be excluded from the program.
The program will be subject to a further evaluation to continue to monitor its effectiveness in reducing re-offending rates.
Mr Hatzistergos said the Government was committed to reducing re-offending rates under the State Plan.
Boost for jail upgrade program
Issued: Wednesday 3 June 2008
Upgrades to NSW jails and programs to target re-offending will be bolstered under a record Department of Corrective Services Budget of more than $1 billion, Minister for Justice John Hatzistergos announced today.
Mr Hatzistergos said this included a major $97 million capital works program that would help fund the expansion of the state’s jails to accommodate a growing prison population.
“The Budget includes a $71 million allocation towards an ongoing project to provide an extra 1000 beds in correctional centres across the state by 2012,” Mr Hatzistergos said.
“This includes $11 million for the initial stages of a 250-bed maximum security expansion of Cessnock Correctional Centre and $59 million for the planning and first stage of a 500-bed correctional centre at Nowra.
“NSW has the strongest sentencing regime and toughest bail laws in the country. Over the last 10 years the total number of full-time inmates has increased by almost 50 per cent, while the number of remandees has risen by 129.5 per cent.”
Other projects to be funded in 2008/09 include:
- $10 million to upgrade infrastructure to improve accommodation at Silverwater Women’s Correctional Centre, formerly known as Mulawa;
- $1.5 million for continuing refurbishment and security upgrade work at Kariong Juvenile Correctional Centre, near Gosford; and
- A new $83 million 85-bed hospital at Long Bay Correctional Complex would be completed with an allocation of $1.5 million.
Mr Hatzistergos said programs to target re-offending will receive further financial support in line with the government’s State Plan commitment to reduce re-offending by 10 per cent by 2016.
“Almost 15 per cent, or $133.6 million, of the Department’s recurrent expenses for correctional centre programs is specifically allocated to reducing re-offending,” Mr Hatzistergos said.
The Department of Corrective Services will also contribute $2 million to the Drug Court of NSW, $6 million to the Third NSW Drug Budget to combat illegal drug use, and $970,000 towards inter-agency efforts to address alcohol and family violence issues in Aboriginal communities.
Civil court new for Sydney
Issued: Tuesday 3 June 2008
A $2 million super-sized civil courtroom will be built for the Supreme Court of NSW, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the project was just one of many courtroom upgrades to be funded under this year’s record $797 million Budget for the Attorney General’s Department, which includes $50.9 million in capital expenditure.
“Our investment in the Supreme Court will highlight Sydney’s standing in Australia and Asia as a global centre of excellence for commercial litigation,” Mr Hatzistergos said.
“The new 220-square-metre civil courtroom will be almost twice the size of a standard courtroom. It will be able to comfortably accommodate hearings involving a large number of barristers and lawyers, such as C7, HIH and One.Tel.
“The courtroom upgrade will form part of a two-year redevelopment of the ninth floor of the Queens Square Law Courts in Sydney’s CBD.”
Mr Hatzistergos said the NSW Budget also provides close to $13 million for a comprehensive upgrade of Parramatta Courthouse.
“With the high-tech $330 million Parramatta Justice Precinct now complete, the Iemma Government will focus on giving the neighbouring Parramatta Courthouse a 21st Century makeover,” Mr Hatzistergos said.
“The courthouse will receive a new roof, cells complex, a purpose-built Drug Court registry and additional security facilities. Videoconferencing technology will also be upgraded in four of the building’s courtrooms.
“More remote witness facilities will be installed and upgraded in NSW courts following a $3.25 million allocation in 2008/09.
“These facilities enable vulnerable witnesses, such as sexual assault victims, to give evidence via Closed Circuit Television from a private location.”
Other projects to be funded in 2008-09 include:
- $2.5 million for a new cells complex at Goulburn Courthouse;
- $2 million to complete the Dubbo Courthouse upgrade;
- $1.5 million to the NSW Sheriff’s Office for additional security and 23 new Sheriff’s Officers;
- $1 million for an upgrade of Gosford Courthouse that will include better facilities for juries and people with a disability ; and
- $1 million for the upgrade of electronic security systems at 12 courthouses, including Broken Hill, Newcastle, Tamworth, Griffith and Belmont.
Mr Hatzistergos said the Iemma Government’s $46.1 million investment in court-related facilities in 2008/09 would ensure the NSW court system remained the best in Australia.
“In NSW we have the smallest backlog of cases in any state or territory, even though we handle more cases than any other jurisdiction.
“The NSW Government is also investing $5.8 million in 2008/09 in programs to help reduce rates of re-offending by 10 per cent by 2016,” Mr Hatzistergos said.
“This includes $1.9 million to continue and expand the successful Forum Sentencing program, formerly known as Community Conferencing, which gives victims of crime a say in sentences and $3.5 million in drug and alcohol treatment programs.”
New Aboriginal group to address law and order issues in Tamworth
Issued: Tuesday 3 June 2008
An Aboriginal Community Justice Group will be formed in Tamworth to
develop grass roots solutions to local crime issues, NSW Attorney General
John Hatzistergos announced today.
Mr Hatzistergos said the new group, to be made up of respected volunteers
from the local Aboriginal community, would examine crime and offending
issues in Tamworth and develop ways to address them.
“Seventeen Aboriginal Community Justice Groups are operating throughout
NSW,” Mr Hatzistergos said.
“The State Government has provided $78,000 in this year’s State Budget to
expand the successful program to Tamworth.
“Aboriginal Community Justice Groups are based on the concept that local
Aboriginal people know their own communities and problems better than
anyone else.
“The group will address a range of local issues in cooperation with police,
courts, probation and parole officers and juvenile justice workers. It will also
work individually with Aboriginal offenders and victims of crime.”
Mr Hatzistergos also announced the appointment of Mary Slater as the
coordinator of the Tamworth’s Aboriginal Community Justice Group.
“Ms Slater has lived in the New England area all her life and has devoted her
20-year career to programs that assist the Aboriginal community,” Mr
Hatzistergos said.
Ms Slater will begin her role on 10 June and will be based at Tamworth
Courthouse.
“I am excited by the prospect of working on a program that aims to improve
outcomes for my people, reduce crime in Tamworth and contribute to a safer
community,” Ms Slater said.
The NSW Government is providing $1.7 million in funding to support the
Aboriginal Community Justice Group program in 2008/2009.
Courts take steps to reduce carbon footprint
Issued: Tuesday 3 June 2008
As World Environment Day approaches on Thursday June 5, NSW Attorney General
John Hatzistergos noted how the State’s courts and tribunals were becoming
“greener”.
Mr Hatzistergos said the NSW Government was doubling the funding of a scheme
that encourages courts and tribunals to reduce their carbon footprint.
“The installation of water tanks, energy efficient lighting and native vegetation at
metropolitan and regional courts were among the projects funded last year through
the $50,000 Green Grants scheme,’ Mr Hatzistergos said.
“This year, the NSW Government has doubled the funding to $100,000 for courts to
implement green initiatives.
“I encourage all NSW courts, tribunals and offices of the Attorney General’s
Department to start thinking about how they can contribute to an environmentally
sustainable future,” Mr Hatzistergos said.
Applications for 2008-09 green grants must be submitted by December.
A Director of the Earth Trust, Brynnie Goodwill, will address staff at the Attorney
General’s Department on Climate Change Leadership on World Environment Day.
Ms Goodwill, who has trained with environmental activist Al Gore, will deliver her
seminar at the Department’s new headquarters at the Parramatta Justice Precinct.
“The Attorney General’s Department is taking a leadership role in reducing
greenhouse gases and creating energy efficient workplaces,” Mr Hatzistergos said.
“The Department’s headquarters, the Justice Precinct Offices, received a ‘five green
star’ rating for office design and was a finalist at the 2008 Property Council of
Australia/Rider Levett Bucknall awards for innovation and excellence.”
This year the Department’s staff are being encouraged to:
• donate their old mobile phones to the Spastic Centre’s ‘Don’t Dump It, Donate It’
campaign. The phones will be resold or recycled to help raise money for the
charity.
• register for a toner cartridge recycling service.
World Environment Day was established by the United Nations in 1972 and is held
each year on 5 June. The slogan for this year’s events is Kick the Habit! Towards a
Low Carbon Economy.
New resources for NSW jurors
Issued: Friday 30 May 2008
New resources for prospective jurors were launched today by Attorney General John
Hatzistergos to improve people’s understanding of the NSW jury system.
Mr Hatzistergos said a new brochure and website – www.sheriff.nsw.gov.au – clearly
explain how the system works and what to expect if you have to attend court in
response to a jury summons.
“Approximately 100,000 members of the community are called up for jury service in
NSW each year,” Mr Hatzistergos said.
“They play a critical role in helping administer the NSW criminal justice system by
ensuring an accused is judged by a panel of their peers.
“But for many people the thought of serving on a jury can be intimidating, particularly
if they have little knowledge of the legal system.
“The State Government is dedicated to providing the best possible resources to
prospective and empanelled jurors to make the experience of jury service a whole lot
easier.”
Mr Hatzistergos said the new brochure and website would answer many questions
prospective jurors often have about jury service, including:
- What the role of a jury is in a criminal or civil trial;
- How long they will be expected to serve;
- Issues relating to jury service and employment; and
- What they should wear and bring to court.
All prospective jurors will receive a copy of the new brochure with their summons.
A new jury telephone information line has also been introduced. The new number -
1300 722 574 - will allow people throughout NSW to contact the information line for
the cost of a local call.
Mr Hatzistergos said the Iemma Government was committed to improving the jury
system to ensure it was fair and sustainable.
“That is why I have introduced amendments to the Jury Act 1977 into parliament to
give judges the power to discharge individual jurors without having to abort an entire
trial.
“These reforms will ensure judges will be able to discharge a juror who, for example,
was wrongly empanelled or has engaged in misconduct,” Mr Hatzistergos said.
“Avoiding unnecessary retrials will ensure court resources, including jurors’ time, are
not wasted and victims are spared the distress of going through another trial.”
Office of the Sheriff Resources and Publications >>
More information >>
New District Court judge announced
Issued: Thursday 29 May 2008
NSW Attorney General John Hatzistergos today announced the appointment of barrister Michael King SC to the bench of the District Court of NSW.
“Mr King has more than 30 years experience in criminal and civil law and in recent years his practice has largely centred on District Court matters,” Mr Hatzistergos said.
“He has acted for the Commonwealth Director of Public Prosecutions in a number of lengthy and complex drug trials, including one involving what was then the largest quantity of cocaine ever seized in Australia.”
Mr King was counsel assisting the Commissioner at four Independent Commission Against Corruption (ICAC) inquiries and two Police Integrity Commission (PIC) probes between 1991 and 2007. He has also served on the Bar Association’s Professional Conduct Committees.
Mr King is to be sworn in as a District Court Judge on 17 June 2008.
“I anticipate Mr King will be a valuable asset to the District Court and I wish him well in his new role,” Mr Hatzistergos said.
New Newcastle Justice Precinct proposed
Issued: Monday 26 May 2008
The Iemma Government has completed a major study into a new Newcastle Justice Precinct which proposes a $60 million development with at least 10 courtrooms, Attorney General John Hatzistergos and the Member for Newcastle Jodi McKay announced today.
“Upgrading court facilities at Newcastle courthouse is a priority for the Iemma Government,” said Mr Hatzistergos.
“Given the rapid growth of the Hunter region, both in terms of its economy and its population, an expanded and improved justice facility is required.”
Mr Hatzistergos said a wide-ranging feasibility study on the precinct had been completed by the NSW Attorney General’s Department and had identified a number of sites to be considered for a new justice precinct, which would be close to the Newcastle CBD.
The study projected that a “final business case” which detailed a “preferred option” would be completed by the end of the year, he said.
Ms McKay said the precinct would cater to the entire region and that existing District and Local courts, as well as registries in towns surrounding Newcastle would form a “hub and spokes model” for the delivery of justice services.
“A new justice precinct would be a tremendous boost for the Hunter region, which would provide hundreds of jobs and make Newcastle a centre for excellence when it comes to the administration of justice,” she said.
Ms McKay said the Commonwealth Government was looking at locating Federal courtrooms at the precinct in line with its commitment to cooperative federalism.
She said the University of Newcastle, as well, was exploring the possibility of locating a new law school at the precinct to accommodate students.
The study proposes:
- Ten courtrooms and four tribunal/mediation rooms fitted with audio-visual equipment and secure dock areas.
- Facilities for the Police, the Department of Corrective Services, Legal Aid, the Department of Juvenile Justice, the Department of Public Prosecution and Justice Health in or near the precinct.
- Space and facilities for the legal profession.
- A registry, counter, workspaces, waiting areas, interview rooms, information areas, online and telephone service.
- Security arrangements including surveillance cameras, a screening area and access control.
- Prisoner cells, van docks, prisoner transfer areas and non-contact interview rooms.
- Remote witness rooms equipped with videoconferencing for vulnerable witnesses including sexual assault victims and children.
- Judges chambers, jury facilities, staff and public amenities and secure parking.
Stakeholders involved in the project include the management and staff of Newcastle Courts, the Commonwealth Government, the Newcastle Law Society, the University of Newcastle, and the Hunter Chamber of Commerce.
Strong support for domestic violence program
Issued: Wednesday 21 May 2008
State Plan Priority R1: Reduced rates of crime, particularly violent crime
Victims of domestic violence have shown strong support for an innovative program introduced by the State Government to break the cycle of domestic violence.
NSW Bureau of Statistics and Research today released its findings of an evaluation into the Domestic Violence Intervention Court Model (DVICM), which was introduced into Campbelltown, Macquarie Fields and Wagga Wagga in 2005.
The DVICM brings together Police and other Government departments to help improve safety for victims of domestic violence and increase the accountability of offenders.
Attorney General John Hatzistergos today welcomed the report, which found domestic violence victims whose complaints were handled through the DVICM would be likely to report a similar incident.
“This shows that not only are we effectively prosecuting offenders, but we are winning the confidence of victims to make complaints to the police,” Mr Hatzistergos said.
“The report shows that 100 per cent of victims were satisfied with the level of support they received from victims’ support services.”
“The model has also been effective in increasing the number of offenders charged by police following a complaint. For example, charges increased by 16.4 per cent in Campbelltown and 11.4 per cent in Macquarie Fields.”
Mr Hatzistergos acknowledged the report showed there was some room for improvement in obtaining guilty pleas. However, the Government has responded to this by rolling out new guidelines in the form of a Domestic Violence Practice Note to magistrates to encourage guilty please and cut court times.
“We are always looking to improve our response to the way we handle the very sensitive issue of domestic violence,” Mr Hatzistergos said.
“A two-year trial of the practice note in Campbelltown and Wagga produced outstanding results.
“Guilty pleas were lifted from 17 per cent to 40 per cent in a period of six weeks and court times were reduced so that the majority of matters were being finalised in 12 weeks (rather than 26 weeks before).
“This is not reflected in the BOCSAR evaluation as the study period ended before the practice note was introduced in September 2007.”
Mr Hatzistergos said the government has shown its commitment to domestic violence victims with $2.1 million being spent per year to continue the DVICM program.
“This is part of a four-year $40 million package aimed at reducing rates of domestic violence, supporting victims and prosecuting offenders,” he said.
Aboriginal community to have say in child welfare cases
Issued: Friday 16 May 2008
Respected members of the local Aboriginal community will be consulted on Indigenous child welfare cases under a trial program which aims to get the best outcomes for Aboriginal children, said Attorney General John Hatzistergos.
He said the program, to be called Care Circles, will empower the Aboriginal community to help to make decisions about the welfare of Aboriginal children who are at risk of abuse or neglect.
“When it comes to making difficult decisions about how best to protect Aboriginal children, we want the community to be involved,” said Mr Hatzistergos.
“The Care Circles program brings respected Aboriginal community members into the decision making process to enable appropriate outcomes,” Mr Hatzistergos said.
Mr Hatzistergos said Care Circles would involve an approach that was similar to the Circle sentencing program and will be trialled in Nowra, on the South Coast, where the Circle Sentencing program began in 2002.
Under the program, a Children’s Court Magistrate will draft a care plan for the child after consulting a circle of participants that will include Aboriginal community members, the child’s family and Department of Community Service (DoCS) case workers.
The care plans will detail where the child should live, what contact they should have with their parents and what services should be made available.
”Decisions will be made in a community setting with participants sitting in a circle to discuss what orders might best promote the future safety, welfare and well-being of the child,” Mr Hatzistergos said.
He said child welfare cases can be distressing for all participants, but the inclusion of Aboriginal representatives will give the Children’s Court the benefit of their cultural and community knowledge, for the best interests of the child.
Government unveils $6 million court at Nowra
Released: Friday 16 May 2008
Nowra’s courthouse has almost doubled in size and gained a third courtroom as part of a $6 million expansion, NSW Attorney General John Hatzistergos announced.
At the opening ceremony today, Mr Hatzistergos will be joined by the Member for Kiama, Matthew Brown, NSW Chief Magistrate Graeme Henson, the Mayor of Shoalhaven, Greg Watson and Aboriginal elder, Uncle Lou Davis.
“The centrepiece of the extension is the new courtroom which is capable of holding major jury trials and is equipped with the latest audio-visual conferencing equipment,” Mr Hatzistergos said.
He said the additional facilities will enable the District and Local courts to operate simultaneously, without disruption. Previously, the Local Court had to move to a smaller courtroom when jury trials were held in Nowra.
The courthouse extension includes these features:
- A new electronic security system and additional surveillance cameras
- An ‘airport style’ X-ray machine and metal detector to screen court users
- Improved access for people with disabilities. A wheel chair ramp, a public lift, accessible toilets and accessible jury rooms have been installed
- The registry has been refurbished and the courthouse now has five interview rooms for use of lawyers and their clients.
Mr Hatzistergos said the courthouse had joined the State’s sophisticated videoconferencing network which allows prisoners to be heard on bail and procedural matters from within correctional centres.
“Video-conferencing reduces the need to transport prisoners to court which minimises the risk of escapes and saves taxpayers’ money,” Mr Hatzistergos said.
“The technology will also be used to hear live video evidence from witnesses unable to attend court, including those who are interstate or overseas.”
Sexual assault victims, children and the mentally disabled will testify via Closed Circuit Television from a new remote witness room, located in a private area of the courthouse, sparing them the anguish of facing the accused.
“The evidence of sexual assault victims will be digitally recorded and could be replayed in a subsequent trial if the trial is aborted. This will spare victims the ordeal of having to return to court to testify again,” Mr Hatzistergos said.
Domestic violence cases being fast-tracked
Issued: Friday 16 May 2008
State Plan Priority R1: Reduced rates of crime, particularly violent crime
Domestic violence cases will be fast-tracked through NSW local courts, the Attorney General John Hatzistergos announced today.
Mr Hatzistergos said new guidelines for dealing with domestic violence cases would help increase guilty pleas and reduce court time, allowing victims to get on with their lives as soon as possible.
“Following a successful trial in Campbelltown and Wagga Wagga, new guidelines for expediting domestic violence complaints through the courts are being rolled out across the state,” Mr Hatzistergos said.
“Magistrates will set strict time limits for the accused to enter pleas and prosecutors and defence lawyers to serve their evidence.
“This means pleas of guilty can be entered at the first available opportunity. If a plea of not guilty is entered, the case is expedited and heard as soon as possible.
“Under the Campbelltown trial underway since August 2006, this approach effectively halved the time a domestic violence matter took at court and dramatically increased the number of guilty pleas.
“The median number of days at court decreased from 120 to 56 and the number of guilty pleas increased by 65.8 per cent.”
“This is a fantastic result and will go a long way to reducing the stress of domestic violence victims by targeting delaying tactics by the accused.”
“A lengthy court hearing only adds to the trauma experienced by victims of domestic violence.
“We are moving to ensure these extremely sensitive matters can be dealt with as quickly as possible, to reduce any further burden.”
The new guidelines are being implemented at Local Courts at Penrith, Blacktown, Mount Druitt, Sutherland, Nowra and Milton and will be rolled out to Albury, Wyong, Taree, Forster, Gloucester, Batemans Bay and Bega Local Courts from May 30.
They will continue to be implemented in Campbelltown and Wagga Wagga.
These are locations where police have begun using new domestic violence evidence kits, placing photography and video equipment into first response police vehicles attending domestic violence incidents.
Mr Hatzistergos said these reforms were another example of the NSW Government’s commitment to reducing rates of violent crime, including domestic violence under the State Plan.
“They come on top of new laws, which came into effect in March this year, to create a specific offence of domestic violence,” Mr Hatzistergos said.
“This is part of a $40 million four-year package running to 2011 to prevent domestic violence, support victims and prosecute perpetrators.”
New laws to stop legal harassment
Issued: Sunday 11 May 2008
The Iemma Government will legislate to make it easier to stop people abusing the court system as a way of victimizing others with unmeritorious law suits, Attorney General John Hatzistergos announced today.
“Courts are there to administer justice and help people to resolve their disputes,” Mr Hatzistergos said.
“They are not for people to misuse by harassing, intimidating or embarrassing other people.
Mr Hatzistergos said people known as ‘vexatious litigants’ will be stopped using the courts to harass innocent parties.
“If people abuse the system we need to make it easier for judges to banish them from courtrooms, freeing up the justice system and protecting the good citizens of this State.”
“I have great sympathy for innocent people who find themselves the target of legal action which is clearly a hopeless case, or has an ulterior motive.”
Mr Hatzistergos said some court abusers had brought more than 100 each and cost their unwitting opponents millions in legal costs.
He said the new law will make it easier to declare someone a vexatious litigant, by only requiring that a person has used the courts “frequently”.
“Anyone who feels they’ve been the victim of someone misusing the courts will be able to apply to have them made a vexatious litigant,” said Mr Hatzistergos.
He said the Attorney General, the Solicitor General and the Registrar of the court could make an application to declare someone a vexatious litigant.
Anyone with an interest in the matter can also make an application if they have the leave of the court.
As well as the Supreme Court, the Land and Environment Court and the Industrial Relations Commission will also be able to make vexatious litigant orders against people commencing proceedings in their jurisdictions.
Mr Hatzistergos said forensic psychiatrists believed some vexatious litigants suffered from a disorder known as “querulous paranoia.”
“That’s why I am asking the heads of the courts to consider the issue of developing protocols, for courts to refer vexatious litigants to mental health treatment where appropriate.”
Mr Hatzistergos said that when draft legislation had been prepared it would be sent to the heads of the courts and the legal profession for their comments.
The new law will bring NSW in line with national model laws adopted by Queensland, Western Australia and the Northern Territory. South Australia and Tasmania are considering similar laws.
The law will mean that someone who has been declared a vexatious litigant will have to seek leave of the court before being allowed to start any subsequent legal proceeding.
New CEO appointed to Legal Aid NSW
Issued: Wednesday 7 May 2008
Attorney General John Hatzistergos today announced the appointment of Alan Kirkland as the new Chief Executive Officer of Legal Aid NSW.
Mr Hatzistergos said Mr Kirkland had demonstrated a strong personal commitment to ensuring disadvantaged people had access to legal services.
“I would like to congratulate Mr Kirkland on his appointment as CEO of Legal Aid NSW,” Mr Hatzistergos said.
“His extensive knowledge of the law and management expertise will ensure Legal Aid remains in good hands.”
Mr Kirkland is currently the Executive Director of the Australian Law Reform Commission and prior to that served as the Director of Community Access with the NSW Department of Ageing, Disability and Home Care.
He has also been a member of the Community Services and Equal Opportunity Divisions of the NSW Administrative Decisions Tribunal.
He holds a Master of Business Administration (Executive) from the Australian Graduate School of Management and a Bachelor of Arts/Law from the University of NSW.
As a former Director of Council of Social Service of NSW, Mr Kirkland has been involved in reforms related to older persons, homeless people, Aboriginal people and mental illness.
“I look forward to working with Mr Kirkland in order to maintain and improve access to legal aid for the most vulnerable members of the NSW community,” Mr Hatzistergos said.
Mr Kirkland will commence his new role on 21 July 2008.
The NSW Government has significantly boosted the resources of Legal Aid NSW over the last 11 years, increasing funding from $27.5 million in the 1996/1997 financial year to $90.8 million in 2007/08. This represents an increase of a massive 230 per cent.
“This clearly demonstrates the Iemma Government’s commitment to providing access to justice for everyone in NSW,” Mr Hatzistergos said.
He also commended Acting CEO Steve O’Connor on his management over the last five months.
Legislation introduced to punish rock throwers
Issued: Wednesday 7 May 2008
Anyone who throws a rock at a vehicle will face up to five years in prison under new legislation being introduced into NSW Parliament today.
Attorney General John Hatzistergos said the legislation aimed to stamp out the dangerous and cowardly practice of rock throwing.
“It will become a crime to throw or drop an object on a vehicle, regardless of whether it strikes,” Mr Hatzistergos said.
“The offence will apply to any person who intentionally throws an object at moving or stationary vehicles, trains, trams, vessels, bicycles, animals being ridden or vehicles drawn by animals.
“It will not have to be proved the accused was aware their conduct risked the safety of any person, or that the object made contact.”
Mr Hatzistergos called on the Opposition to support this important legislation.
“We are safeguarding the community from a reckless act that can have devastating consequences and hope the Opposition will support our tough new offence targeting rock throwers,” Mr Hatzistergos said.
The new legislation would complement existing penalties for rock throwing including:
- Malicious damage, which carries a sentence of up to five years in prison;
- Malicious damage with intent to cause bodily injury, which carries up to seven years in prison;
- Affray which carried a sentence of 10 years in prison; and
- Malicious damage with intent to endanger life, which carries a penalty of up to 25 years in prison.
In addition, rock throwers who cause serious injury to their victims can already be charged with recklessly inflicting grievous bodily harm.
“The Iemma Government is committed to protecting the public from the idiotic behaviour of rock throwing,” Mr Hatzistergos said.
New Judges for NSW District Court
Issued: Wednesday 30 April 2008
NSW Attorney General John Hatzistergos today announced he would recommend to Her Excellency the Governor the appointment of barristers Leonard Levy SC and Michael Elkaim SC as Judges to the District Court of NSW.
Welcoming them to the bench, Mr Hatzistergos said both had extensive experience practising law in Australia and the United Kingdom.
“I wish them every success in their new appointments in administering justice in the State’s District Court system,” Mr Hatzistergos said.
Mr Levy has more than 30 years experience in common law litigation in Australia and was appointed Senior Counsel in 1996. He specialises in professional negligence cases involving health care, and disciplinary and criminal proceedings relating to health care.
Mr Elkaim, who was appointed Senior Counsel in NSW in 2002, has been practising as a full-time barrister for almost 30 years in a wide variety of courts and jurisdictions, predominately in the field of Common Law.
He has also conducted litigation in the fields of equity, family law, family provision and criminal and commercial law.
They will be sworn in as District Court Judges on 15 May 2008.
Penrith Crime Prevention Plan wins approval
Issued: Thursday 1 May 2008
State Plan Priority R1: Reduced rates of crime, particularly violent crime
State Plan Priority R3: Reduced levels of antisocial behaviour
NSW Attorney General John Hatzistergos today announced Penrith City Council would be eligible to apply for up to $150,000 in funding over the next three years for crime prevention initiatives.
Mr Hatzistergos said Council could get tough on crime and address its underlying causes following the endorsement of its Crime Prevention Plan.
“Council is to be commended on its crime prevention plan which aims to target serious crimes such as assault, domestic violence and theft from motor vehicles,” Mr Hatzistergos said.
“The endorsement is recognition of the good work that has gone in to the plan, which focuses heavily on building partnerships with residents, government agencies, local businesses and community groups to address local crime.”
Mr Hatzistergos said the plan also aimed to dispel myths about crime in the area.
“Statistics indicate crime levels are falling or stable in many key categories, yet some residents remain fearful for their safety,” Mr Hatzistergos said.
“Engaging the community in safety programs could help reduce erroneous perceptions of crime and encourage the reporting of any crimes that do occur.”
The Attorney General was joined by the Member for Penrith, Karyn Paluzzano, and Penrith City Mayor Greg Davies in announcing the local plan had been endorsed.
Ms Paluzzano welcomed the move and said she fully supported Council in its endeavours to improve community safety.
“Council is demonstrating its ongoing commitment to working with the NSW Government to help stamp out crime at a grassroots level,“ Ms Paluzzano said.
Clr Davies said the Penrith Valley Community Safety Plan 2007-2010 was developed in response to local issues by key crime prevention partners in the local area.
“Council will conduct safety audits in areas in the Penrith CBD and surrounds that have been identified as hot spots for assaults and anti-social activity and will work to reduce opportunities for those offences to be committed,” Clr Davies said.
“In addition, Council will distribute personal safety information to young people highlighting protective strategies for themselves and others.”
Since 2003, Penrith Council has received more than $230,000 from the Attorney General’s Department for a range of crime prevention strategies.
Jury reforms to reduce rate of aborted trials
Issued: Wednesday April 30 2008
Judges will be given the power to discharge individual jurors without having to abort entire trials, NSW Attorney General John Hatzistergos announced today.
“To reduce the number of aborted trials, judges will be able to remove jurors for a number of reasons,” said Mr Hatzistergos.
“If a juror is wrongly empanelled, for example, or if a juror has engaged in misconduct, the judge will be able to discharge them.”
Under amendments to the Jury Act 1977, judges will have the discretion to enable trials to continue without the full panel of jurors, provided the circumstances are appropriate.
“An entire trial should not necessarily be aborted just because of circumstances affecting one or two jurors,” said Mr Hatzistergos.
“Trials are costly and delays in finalising proceedings can be distressing to victims and witnesses who can be forced to testify again.”
“Avoiding unnecessary retrials will ensure court resources are not wasted unnecessarily.”
The amendments are based on 6 recommendations made by the NSW Law Reform Commission (LRC) in its report into the State’s jury system, which was released in January.
Other amendments include:
- Giving jurors the ability to report to judges or the Sheriff about any reasonable concerns they have about the conduct of another juror i.e. misconduct, refusal to take part in the jury’s deliberations, incapacity to take part in the proceedings or an inability to be impartial.
- Giving lawyers for the prosecution or defence the ability to appeal by leave if a judge discharges an entire jury.
Mr Hatzistergos said the Iemma Government is committed to improving the jury system and ensuring it is fair and sustainable.
He said the Government is currently consulting with key stakeholders and the community on the other 68 recommendations in the LRC’s report.
The Government has also asked the LRC to do a separate report on the effectiveness of directions and warnings given by judges to juries in criminal trials.
“Juries should be given precise, consistent and straight-forward directions to ensure they have a clear understanding of the proceedings and can properly perform this very important civic duty,” Mr Hatzistergos said.
Government to fund crime-fighting design school
Issued: Tuesday 29 April 2008
The Iemma Government will provide $450,000 to set up a research centre at the University of Technology, Sydney, to produce industrial and urban designs to thwart crime.
Attorney General John Hatzistergos said the “Designing Out Crime Research Centre” will open in coming months and bring together experts in criminology and design to develop new concepts and products for reducing and preventing crime.
“When it comes to crime, prevention is the best cure,” said Mr Hatzistergos.
Mr Hatzistergos said one of the design centre’s ideas was the “Text Message Bomb” – a message sent by police after the owner of a mobile phone complained it had been lost or stolen.
“The message basically fries the phone’s micro-chip so the phone is rendered useless to whoever has possession of it,” said Mr Hatzistergos.
Mr Hatzistergos said the “Safety Catch” was another design. It appears to the untrained eye as a fashionable bracelet but when broken a distress signal is sent out. The bracelet can be worn by police or others doing dangerous jobs.
“We want to make it as difficult as possible for thieves and thugs to prey on the good citizenry of our community,” said Mr Hatzistergos.
He said innovative new urban and industrial designs will build on the Iemma Government’s track record on cracking down on crime.
“We aim to be even better at outsmarting criminals and continue to actually prevent crime before it happens,” he said.
Mr Hatzistergos said the centre will be located within the university’s Design, Architecture and Building Faculty. It will also include academics from the university’s law school and its prestigious Institute for Sustainable Futures.
The centre will report regularly on its progress directly to the Attorney General’s Department, the Bureau of Crime Statistics and Research and the NSW Police Force, and will be evaluated by government after three years.
Rock throwing a crime if you hit, hurt or not
Issued: Thursday 24 April 2008
The Iemma Government has confirmed it will legislate to make the mere act of throwing a rock at a vehicle a crime, regardless of whether you hit it or not.
Attorney General John Hatzistergos said the offence will apply to any person who intentionally throws or drops an object on or toward a vehicle or vessel on a road, rail or waterway.
“The act of throwing a rock at a vehicle is not only cowardly and stupid, it is down right dangerous,” said Mr Hatzistergos.
“The Iemma Government will not tolerate this kind of idiotic behaviour.”
“To deter rock throwers, we will legislate to make it a crime to throw an object at a car, boat or train, even if nobody is harmed.”
The new offence will be introduced to Parliament in coming weeks and will carry a maximum penalty of five years in prison.
Mr Hatzistergos said a person could be charged with the new offence for throwing any object – not just a rock – that could cause harm.
“The prosecution will not even have to prove that the accused was aware their conduct risked the safety of any person, or that the object made contact,” said Mr Hatzistergos.
He said the offence would apply to people who threw rocks at moving or stationary motor vehicles, trains, trams, vessels, bicycles, animals being ridden or vehicles drawn by animals.
Rock throwers already face tough penalties, including:
• Malicious damage, which carries up to five years in prison;
• Malicious damage with intent to cause bodily injury, which carries a sentence of seven years in prison;
• Affray which carries a sentence of 10 years in prison;
• Malicious damage with intent to endanger life, which carries a penalty of up to 25 years prison.
“Rock throwers who cause serious injury to their victims can already be charged with recklessly inflicting grievous bodily harm,” said Mr Hatzistergos.
He said the Iemma Government recently passed tough new legislation to increase the maximum penalties for those who recklessly inflict grievous bodily harm from seven years imprisonment to 10 years.
The Government has also increased the maximum penalty for those who recklessly inflict grievous bodily harm in the company of others from 10 to 14 years, said Mr Hatzistergos.
Young offenders forced to mend their way
Issued: Tuesday 22 April 2008
State Plan Priority R1: Reduced rates of crime
State Plan Priority R2: Reduced re-offending
State Plan Priority R3: Reduced levels of anti-social behaviour
New powers will be given to Children’s Court magistrates so they can order juvenile offenders to participate in education, training and behavioural programs, said Attorney General John Hatzistergos.
He said the new powers delivered on an election commitment and would help the Iemma Government achieve its State Plan goals of reducing rates of crime, re-offending and anti-social behaviour.
“The community simply won’t accept uncontrollable kids being left to graduate into career criminals,” said Mr Hatzistergos.
Mr Hatzistergos said under the new powers, magistrates will be given the option of ordering juvenile offenders to complete vocational or behavioural programs as part of community service orders.
“Evidence shows that a lack of education and training significantly contribute to offending behaviour,” Mr Hatzistergos said. “This will give young offenders a chance to get the skills they need to get a job and turn away from a life of crime.”
Mr Hatzistergos said children who failed to complete their orders could be sent to a juvenile detention centre. “If they refuse to take advantage of this opportunity, they run the risk of spending time behind bars.”
The Iemma Government already runs education, training and behavioural programs for serious offenders in juvenile detention.
“I am confident vocation training will also be a benefit to children who are sentenced to community service orders.”
The Young Offenders Act 1997 sets out a strict policy of how police deal with young offenders. A first time or low level offender can be given a warning or an official caution. If you get three cautions you automatically face Children’s Court.
Young offenders can also be forced |
