Ministerial media releases 2008
This is a list of media releases issued by the Attorney General in 2008.
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2008
New legal harassment laws start today [PDF VERSION]
Issued: Monday 1 December 2008
People who habitually use the court system to pursue unreasonable law suits and intimidate others will be subject to new legislation which comes into force today.
NSW Attorney General John Hatzistergos said these “vexatious litigants” were a drain on court resources and the government’s new Vexatious Proceedings Act 2008 aimed to weed them out of the system.
“From today, anyone who frequently and persistently takes legal action without reasonable grounds or for improper purposes can be declared a vexatious litigant,” Mr Hatzistergos said.
“Their actions often result in the harassment of innocent parties and a waste of public resources.
“Our new laws aim to stamp out this practice and will give judges the power to banish anyone declared a vexatious litigant from their courtrooms.”
Under the new law:
- It will be simpler to declare someone a vexatious litigant. The applicant need only prove the respondent frequently instituted or conducted vexatious proceedings.
- The range of people who may apply to declare someone a vexatious litigant has been expanded.
- Vexatious proceedings orders can be made against persons acting in concert with vexatious litigants.
- The Land and Environment Court and the Industrial Relations Commission, in addition to the Supreme Court, will be able to make vexatious litigant orders.
- Courts will have extensive powers to deal with vexatious litigants, including powers to stay proceedings and prohibit the institution of further proceedings.
Mr Hatzistergos said he had heard of some instances in which court abusers had pursued more than 100 cases each, costing their unwitting opponents millions of dollars in legal bills.
“We have introduced these measures not only to free up the justice system, but to protect the good citizens of this state.”
New graffiti laws pass [PDF VERSION]
Issued: Thursday 27 November 2008
Graffiti vandals caught with marker pens and etching equipment will face the same penalties as those with spray cans, under new laws passed in NSW Parliament.
NSW Attorney General John Hatzistergos said the Rees Government had delivered a tough package of measures under its new Graffiti Control Bill 2008 that broadened the scope of previous laws and brought them together under one piece of targeted legislation.
“Unsightly graffiti tags are tarnishing local communities across NSW and the Government is determined to deal harshly with the vandals who are defacing and damaging property,” Mr Hatzistergos said.
“Our police will catch you, and when they do, you face serious penalties including harsh fines, community service and even jail time.”
“In addition to spray cans, the new laws make it illegal to possess such implements as marker pens or etching instruments with the intention of using them to damage or deface premises or property.
“Retailers also face on-the-spot fines for failing to properly secure their spray paint can displays, or for sellling spray paint cans to persons under 18.”
The maximum penalties for graffiti offences are:
- Fines of $2,200 or 6 months’ jail for damaging or defacing premises or property
- Fines of $1,100 or 3 months’ jail for possessing any instrument, including etching equipment or marker pens, intended for use in defacing or damaging premises or property; and
- Enabling courts to continue to impose community service work on graffiti vandals.
Offenders who inflict serious damage on property can still be charged with malicious damage under the Crimes Act, which carries a maximum jail term of five years.
Mr Hatzistergos said these new measures complement laws introduced by the NSW Government last year to prevent people under 18 defacing property:
- Requiring young people in possession of spray paint to demonstrate it is for a legitimate purpose
- Giving police the power to confiscate spray cans from young people who fail to demonstrate it is for a legitimate purpose
Disadvantaged people to work off their fines [PDF VERSION]
Issued: Wednesday 26 November 2008
In an Australian first, severely disadvantaged members of the community will be able to complete charity work or treatment programs to pay off their fines, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said major reforms to the state’s Fines Act were being introduced into Parliament this week and had received the backing of the state’s key charity groups, including The Salvation Army, St Vincent de Paul Society and Youth Off The Streets.
“Currently we have a system in which any unpaid penalty notices and court fines are ultimately referred to the State Debt Recovery Office (SDRO) for enforcement action,” Mr Hatzistergos said.
“This system works well for people who have an income and assets. However, there are many disadvantaged members of the community who are simply unable to pay.”
Mr Hatzistergos said the Rees Government would conduct a two-year trial to allow disadvantaged people such as the homeless, mentally ill and persons experiencing acute financial hardship to apply for a Work and Development Order from the SDRO.
“These Orders could require a person to undertake voluntary work for approved charities. Alternatively, they could be required to complete educational, vocational or life skills courses, counselling, drug and alcohol treatment, or a mentoring program if the person is under the age of 25,” he said.
The program aims to address a phenomenon known as ‘secondary offending’, which occurs when disadvantaged people can’t pay their fines and then get dragged deeper into the criminal justice system because of their fine debt.
Other changes to the Fines Act include:
- Easier and more flexible payment options for fines, such as periodic deductions;
- Giving guidelines to officers so they know when they should issue an official caution instead of a penalty notice for minor infractions; and
- Making it clear that all agencies can review penalty notices in exceptional circumstances.
- St Vincent de Paul Society’s Chief Executive Officer NSW/ACT, John Picot, said they welcomed the opportunity to participate in the scheme.
“These are innovative measures that will ensure those people who can’t afford to pay their fines are able to give back to the community in a meaningful way,” Mr Picot said.
Chief Executive Officer of the Public Interest Advocacy Centre, Robin Banks, said: “We congratulate the Government and, in particular, the NSW Attorney General for moving forward with these important reforms.
“The Attorney's willingness to work with organisations seeking reform has been very positive and we think the reforms will make a very real and positive difference for individuals and the community,” she said.
The changes were based on recommendations made by the Sentencing Council in its 2006 report on the effectiveness of fines as a sentencing option.
In addition, the NSW Law Reform Commission will conduct a further review of penalty notice offences to ensure fines are consistent across government.
$4 million Dubbo Courthouse facelift completed [PDF VERSION]
Issued: Friday 21 November 2008
The largest upgrade of Dubbo Courthouse in more than a quarter of a century has been completed on budget and on schedule, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos and Independent Dubbo MP Dawn Fardell will today attend a ceremony to officially open the $4.1 million courthouse extensions.
“The expanded courthouse is more secure, more technologically advanced and more accessible to people with disabilities,” Mr Hatzistergos said.
A portable X-ray machine and metal detector will enable Sheriff’s Officers to scan court users when necessary and a new six-cell complex features separate facilities for juvenile prisoners to prevent them mixing with adult prisoners.
“The new facilities and equipment allow Sheriff’s Officers to increase security at the courthouse at short notice if a risk is detected,” Mr Hatzistergos said.
Mr Hatzistergos said improved jury facilities, including a large and well-equipped new assembly room, will enable people with a disability to serve as jurors in trials at the courthouse.
“The assembly room is in a secure section of the courthouse, which will reduce the risk of jurors coming into contact with witnesses or defendants,” said Mr Hatzistergos.
He said the courthouse registry has undergone a major overhaul, based on a new design that aims to make services simpler, faster and easier to access.
“The lower registry counter is designed for people using a wheelchair or who may be more comfortable sitting down, such as pregnant women,” said Mr Hatzistergos.
Mr Hatzistergos congratulated Dubbo firm Rawson Constructions on its timely and professional completion of the courthouse upgrade.
Drug Court working to break drug-crime cycle [PDF VERSION]
Issued: Tuesday 18 November 2008
NSW Attorney General John Hatzistergos welcomed the findings of two reports released today, which show the Parramatta Drug Court is an effective alternative to prison for drug dependent offenders.
Mr Hatzistergos said the findings by the Bureau of Crime Statistics and Research (BOCSAR) and the Centre for Health Economics Research and Evaluation (CHERE) were very encouraging and paved the way for the NSW Government to consider the potential for expanding the program’s reach.
The program, which runs for a minimum of 12 months, works to break the drug-crime cycle and was the first Drug Court created in Australia when it began in 1999.
In its second evaluation of the Drug Court, BOCSAR found that participants accepted into the program were:
- 17 per cent less likely to be reconvicted for any offence;
- 30 per cent less likely to be reconvicted for a violent offence; and
- 38 per cent less likely to be reconvicted for a drug offence.
In addition, the CHERE report concluded the program was less costly than conventional prison and produced better outcomes for participants.
“These results show the program is more cost-effective than prison in reducing reoffending rates among offenders of drug related crimes,” Mr Hatzistergos said.
“In light of these findings, the NSW Government will consult with the Drug Court and other government agencies to investigate expanding the Court’s reach.”
Mr Hatzistergos and the Member for Parramatta, Tanya Gadiel, today attended the graduation of five program participants at a ceremony held at the Sydney West Trial Courts in Parramatta.
Congratulating the graduates on the commitment they demonstrated during the course of the program, they acknowledged the hard work they have undertaken to beat their habits and make a positive contribution to society.
“With the support of their families and friends, each participant has undergone an intensive drug treatment and rehabilitation program that will give them the skills to reintegrate into society, away from a life of crime,” Mr Hatzistergos said.
“When offenders enter the Drug Court, they are often entrenched in a life of drug-related crime and have a jail sentence hanging over their heads.
“The program works by helping to eliminate drug dependency among participants. It also helps offenders to address other causes of crime, such as homelessness and mental health issues to equip them with the skills to re-integrate into society and make long-term changes to their lives.”
Ms Gadiel said the participants who graduated today are to be commended for addressing their problems.
“Each individual is leaving the court today with valuable life and job skills. I wish them every success for the future.”
Throughout the program, participants must undergo regular drug testing, engage in education and rehabilitation courses and regularly report to the court on their progress.
A purpose-built Drug Court registry is currently being created at Parramatta Courthouse as part of the building’s $13 million upgrade, due for completion in July 2009.
Judicial Commission of New South Wales Media Release
Drink driving offences attract harsher penalties in Local Courts [PDF VERSION]
Issued: Wednesday 19 November 2008
There has been a reduction in the number of offenders sentenced before the Local Court for high and mid-range drink driving according to a new study by the Judicial Commission of NSW.
The Commission’s study examines sentencing patterns for the 20 most common proven offences dealt with by the Local Court in 2007 and how they differ from previous studies in 2002 and 1992.
Since 2002, the proportion of drivers sentenced for high-range PCA (prescribed concentration of alcohol) has fallen by 20 per cent and mid-range PCA has fallen by 7 per cent. The severity of penalties handed out to drink drivers has also increased with more offenders disqualified from holding a licence and for longer periods than in previous studies.
However low range PCA has increased and drink driving in general remains the most common offence on the list.
Motor vehicle offences continue to dominate – half the offences on the list of 20 relate to driving, licensing, vehicle registration and prescribed PCA offences.
In summary, the study’s findings reveal:
- the 20 most common offences have remained fairly stable over the last five years: 18 offences appearing in the 2007 list also appeared in the 2002 list
- mid-range PCA remains the most common offence, as it was in 2002 and 1992, although its frequency has reduced (from 11.2% in 2002 to 9.7% in 2007)
- although low, middle and high-range PCA offences taken together account for almost one-fifth of offenders, the proportion of offenders falling into this category has decreased to 19.5% of offenders in 2007, down from 20.6% in 2002 and 24.4% in 1992
- the most noticeable change of ranking and sentencing has been for the high-range PCA offence which has fallen from the fifth most common offence to the eleventh and accounts for 3.5% of offenders compared with 4.7% in 2002
- there has been a general increase in the severity of penalties for high-range PCA offences, including a marked increase in the use of custodial sentences (8.1%) compared with 4.3% in 2002) and a reduction in the use of fines (40.4% compared with 59.3%)
- overall, fines remain the most common sentencing outcome (48.2%), followed by good behaviour bonds (18.0%), non-conviction orders (16.7%) and full-time imprisonment (6.5%)
- there has been a noticeable increase in the length of sentences for full-time imprisonment and periodic detention from a median of six months to eight months
Commenting on the study, the Chief Executive of the Judicial Commission, Mr Ernie Schmatt said "This study provides a good insight into contemporary sentencing practice in the Local Courts.
"The findings confirm the results of a 2005 Judicial Commission study which found that there has been a decline in the use of non conviction orders for high-range PCA offences and a general increase in the severity of penalties," Mr Schmatt stated.
Toronto Court delivers sobering message [PDF VERSION]
Issued: Thursday 13 November 2008
High school students will learn about the damaging effects of alcohol and other drugs at a series of workshops to be held at Toronto Courthouse this week, NSW Attorney General John Hatzistergos said.
The courthouse is hosting a Community Engagement Day on Friday, which will include mock trials, information stalls and workshops for Year 8 students and their parents.
“The students will learn about the impact alcohol and other drugs can have on a person’s physical and mental health,” Mr Hatzistergos said.
“Police will highlight the dangers of drink driving and explain how substance abuse can place young people at a higher risk of being a victim or a perpetrator of a crime.
“Youth workers will provide the students with strategies as to how to cope with peer pressure, to party safely and to assist friends who binge drink or take illicit drugs.”
The workshops for parents will focus on:
- Parental responsibility regarding the use of alcohol and other drugs by children
- Helping parents detect signs of possible substance abuse among their children.
Organisations participating in the engagement day include the Attorney General’s Department, the NSW Police Force, the Salvation Army, beyondblue, the Community Drug Action Team and the Housing Department.
“The abuse of alcohol and other drugs can have a devastating effect on the safety and unity of families and the wider community,” Mr Hatzistergos said.
“I commend the Toronto community on taking positive steps to ensure the younger generation grow into responsible adults.”
The engagement day will be held at Toronto Courthouse from 9:30am to 2:00pm on November 14. The events, while targeting school students and their parents, will also be open to the community.
Mini-Budget delivers 14 extra lawyers to DPP [PDF VERSION]
Issued: Tuesday 11 November 2008
The Rees Government will provide funding for an extra 14 lawyers for the Office of the Director of Public Prosecutions (ODPP) as part of the Mini-Budget.
NSW Attorney General, John Hatzistergos said the 14 additional lawyers will be located in the following locations to meet workload demands:
- 5 additional lawyers in Sydney
- 4 additional lawyers in Western Sydney (Penrith, Campbelltown and Parramatta)
- 4 additional lawyers in regional offices (Newcastle, Gosford, Wagga Wagga, Dubbo and Lismore)
The NSW Government will fund the positions for two years from January 1, 2009 at a cost of $1.4 million per annum.
In the meantime, the new Executive Director of the ODPP – a position created on the recommendation of the NSW Auditor General to oversee wise spending and employment commencing October 28, 2008 – will work to ensure resources are deployed more effectively and spread more evenly so that the ODPP will be in a position to fund the additional legal placements itself.
Offenders to pay more to Victims Compensation Fund [PDF VERSION]
Issued: Tuesday 11 November 2008
The Rees Government will double the current Victims Compensation Levy as part of the Mini-Budget, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the levy, which must be paid by people convicted of offences, had not increased for 11 years.
“The current levy of $70 for offenders convicted of serious offences and $30 for less serious offenders will be doubled,” Mr Hatzistergos said.
“In 2007/08 criminals paid around $2.8 million in victims compensation levies.
“By increasing the existing levies, we expect an additional $2.4 million per year will be raised.”
Mr Hatzistergos said the NSW Government delivers important services to compensate and rehabilitate victims of crime.
“The Victims Compensation Fund ensures much needed support services are available to victims of crime throughout the state to help them with their recovery,” he said.
“Victims can receive assistance with counselling, medical costs, loss of earnings and loss of personal effects. This is an important part of the healing process.”
In addition, Mr Hatzistergos said the Attorney General’s Department will streamline the compensation claim process by reducing the instances where legal fees are required to be paid.
“An estimated $2.6 million could be saved by cutting red-tape for victims lodging a claim,” he said.
“The Rees Government is strongly committed to providing victims with the support they need to recover from their ordeal and will continue to enhance the victims compensation system.”
Increased recovery of costs from Supreme Court Civil Litigants [PDF VERSION]
Issued: Tuesday 11 November 2008
The NSW Government will increase fees for Civil Litigants who use the NSW Supreme Court, in a move that will result in an estimated $1 million in additional revenue each year, Attorney-General John Hatzistergos announced today.
As part of the Mini-Budget, the Supreme Court will charge civil litigants a daily hearing fee if their case runs for two days or more, just as the Federal Court does. Currently, the fee is imposed after 10 days.
“We welcome businesses and other civil litigants who regard Sydney as a centre of excellence for commercial law,” he said.
“But at the same time we recognise that NSW taxpayers shouldn’t have to bear an excessive burden due to the conduct of those cases in this State.”
The fee will be $345 for a half day or $690 for a full day of court time.
Mr Hatzistergos said in the past the fees imposed on civil litigants only covered 25% of the cost of hearing the cases.
“The new fee structure brings NSW in line with other Australian jurisdictions that have long recognised civil litigants should contribute to the cost of resolving their commercial disputes.”
He said the net cost to the NSW budget from Supreme Court civil cases was $36.5 million in 2006-07 compared to $18.4 million for Western Australia, $17.4 million for Victoria and $12.6 million for Queensland.
Mr Hatzistergos said it was appropriate to raise the fees so that court users contribute to the cost in proportion to their use of the system.
“In recent years the Supreme Court has heard many large commercial cases, commonly referred to as mega-litigation, as a number of high profile defamation matters, yet until now we were charging less than other jurisdictions.”
The Supreme Court will continue to offer free mediation services to resolve disputes without a hearing or to shorten the length of hearings.
Local Aboriginal student wins awards for court work [PDF VERSION]
Issued: Friday 30 October 2008
Belmont High School student Jade Luke’s dream of a career in law has received a boost, after being awarded the highest honour at the Vocational Educational and Training Workplace Excellence Awards in Belmont on Tuesday night.
Jade was named Student of the Year and received an award for Excellence in a School-Based Traineeship in Business Services for her performance during an 18-month placement at Belmont Courthouse.
NSW Attorney General John Hatzistergos said 18-year-old Jade was a worthy recipient of the awards.
“Staff and clients of the court have been impressed by Jade’s strong work ethic and her desire to strengthen programs that assist the Aboriginal community,” Mr Hatzistergos said.
“She has developed a reputation as a fast learner and has been rewarded with additional responsibilities that include handling counter enquiries, the sound recording of court proceedings and even training other work experience students.”
Belmont Courthouse was also recognised at last night’s ceremony, winning an award for Excellence as an Employer in Business Services.
“The court’s Aboriginal school-based traineeship program is a great way for Indigenous school students to learn career skills and to prepare for the next stage of their lives,” Belmont Courthouse Registrar Jeff Reid said.
“Court staff have invested a significant amount of time training Jade and it has been extremely rewarding to see her develop into an efficient and meticulous worker and a valued member of our team.”
Jade, who is midway through her HSC, will complete the traineeship program next Thursday.
“Everyone at Belmont Courthouse has been really supportive and it will be sad to say goodbye,” Jade said.
“But I am interested in studying law at university, so who knows, maybe one day I will come back to the court.”
Member for Swansea Robert Coombs also paid tribute to Jade and staff at the Belmont Courthouse.
“This is excellent recognition for Jade who has worked extremely hard over the last 18 months to develop her business skills and I wish her all the very best in her future career,” Mr Coombs said.
The Vocational Educational and Training Workplace Excellence Awards recognize Newcastle and Lake Macquarie students and employers who have delivered outstanding results in structured workplace learning or school-based apprenticeships and traineeships.
The awards ceremony was hosted by Career Links, a Local Community Partnership (LCP) between schools, TAFE and industry, which has been funded by the NSW and Australian Government. The ceremony also received support from local businesses.
NSW Government puts graffiti vandals on notice [PDF VERSION]
Issued: Thursday 30 October 2008
Tough new measures to tackle unsightly graffiti tags in local communities across NSW are being introduced into Parliament tomorrow.
Attorney General John Hatzistergos said a new Graffiti Control Bill would bring together all the state’s existing graffiti laws to make it easier for police and the courts to bring more offenders to account.
“The Rees Government is taking affirmative action against this pointless and costly crime which impinges on a community’s sense of safety and wellbeing,” Mr Hatzistergos said.
Key reforms include:
- Making it illegal to possess implements such as marker pens or etching instruments with the intention of using them to damage or deface premises or property. This previously applied only to spray paint cans.
- New powers to issue on-the-spot fines to retailers who fail to properly secure their spray paint can displays, or where spray paint cans are sold to persons under 18 years of age.
Mr Hatzistergos ruled out a ban on spray cans but said the government would liaise with the paint manufacturing industry on developing a spray paint can that is more difficult for graffiti vandals to misuse.
“Banning spray cans would unfairly punish legitimate users and would simply encourage more vandals to find alternative tools,” he said.
“We will continue to work with industry to ensure spray paint cans stay out of the wrong hands.”
Mr Hatzistergos said the maximum penalties for graffiti offences had been standardised under the new legislation as follows:
- Fines of $2,200 or 6 months’ jail for damaging or defacing premises or property
- Fines of $1,100 or 3 months’ jail for possessing any instrument, including etching equipment or texta pens, intended for use in defacing or damaging premises or property;
- Enabling courts to continue to impose community service work on graffiti vandals
“Offenders who inflict serious damage on property will still be able to be charged with malicious damage under the Crimes Act, which carries a maximum jail term of five years.”
All of these new measures complement laws introduced by the NSW Government last year to prevent people under 18 defacing property. These include:
- Requiring young people in possession of spray paint to demonstrate it is for a legitimate purpose
- Giving police the power to confiscate spray cans from young people who fail to demonstrate it is for a legitimate purpose
Mr Hatzistergos said the government would examine extending these laws to adults and to cover other tools used by graffiti vandals.
Major Government crackdown on sex offences [PDF VERSION]
Issued: Saturday 25 October 2008
The Rees Government is drafting new sex crime legislation which will create new offences and increase penalties, said NSW Attorney General John Hatzistergos.
The new laws come out of a landmark 158-page report into sexual offences and child pornography by the Sentencing Council, chaired by retired Supreme Court Judge James Wood. The legislation will be introduced this Parliamentary session.
Mr Hatzistergos said the maximum penalty for possessing child pornography will double to 10 years, while a new aggravated offence of having sex with a child under 10 will carry a maximum in excess of 25 years in prison.
“The protection of people from sexual abuse and exploitation are among the most important responsibilities the Government has to the community,” said Mr Hatzistergos.
“After a comprehensive and balanced examination of our laws, the Sentencing Council has recommended the most significant crackdown on sex offences in a generation.”
“He identified a number of inconsistencies and gaps within NSW law, and between state and Commonwealth law, as a result of the rapid changes in laws to stop sexual assault and child abuse in recent years.”
“The Rees Government will use these recommendations as the gold standard for new legislation to safeguard adults and children from sexual predators.”
The report is the first of two requested by the Attorney General last year. Part Two, into repeat offending by sex offenders, is underway. Part One recommends:
Offences specific to children
- Increasing the penalty for possession of child pornography from five years to a maximum of 10 years imprisonment
- Increasing the penalty for obtaining a benefit from child prostitution from 10 years imprisonment to 14 years
- Increasing the maximum penalty for indecency offences committed against children to 10 years imprisonment from a sentence range of two to seven years, bringing the penalty in line with child pornography• Creating a new aggravated offence of having sexual intercourse with a child under the age of 10 years that will carry a maximum penalty in excess of 25 years imprisonment
- Creating a new offence of meeting a child, or travelling with the intention of meeting a child, following grooming where that involved the communication of indecent material or suggestions made to the child to meet for sexual purposes, similar to United Kingdom laws with penalties ranging from six months to 10 years
- Clarifying that child pornography offences include ‘pseudo’ images which may be produced without real children, or may be manipulated photos or images of children. It will also introduce a definition of ‘producing’ child pornography into the legislation
The Government will also stop sentencing courts taking into account good reputation, good character and lack of a criminal history as mitigating circumstances for child sex offenders when they have used these to gain people’s trust to commit their crimes.
Offences against adults and children
- Increasing the penalty for causing sexual servitude in circumstances of aggravation from 19 years to 20 years imprisonment
- Increasing the penalty for sexual assaults that are committed by breaking and entering into the victim’s house above the current 14 year maximum
- Creating new offences of voyeurism and aggravated voyeurism, similar to United Kingdom laws, with penalties ranging from six months to two years
- Creating new aggravated offences of filming for an indecent purpose and installing a device to facilitate filming for an indecent purpose with a maximum penalty of five years
- Creating a new offence of inciting one or more persons to commit a sexual offence, with penalties commensurate to the offence the person was incited to commit
Mr Hatzistergos said the Government will also establish a Sexual Offences Working Party, headed by Supreme Court Justice Elizabeth Fullerton, and a Child Pornography Working Party, headed by District Court Judge Peter Berman, to conduct larger general reviews.
The Sexual Offences Working Party will examine the offences of persistent sexual abuse of a child, introducing a definition of act of indecency, increasing the maximum penalties for child prostitution offences and achieving greater uniformity between NSW sexual offences and Commonwealth offences for sexual crimes committed overseas.
The Government also supports the Council’s recommendation to remove the artistic purposes defence for child pornography that depicts children as the victim of torture, cruelty or physical abuse or children engaged in sexual activity.
The Child Pornography Working Party will examine how this can be done without infringing on the rights of journalists and artists to depict valid situations involving children.
The Child Pornography Working Party will also examine the artistic purposes defence in the context of child pornography involving the more general category of depicting children in a sexual context. The Government has supported in principle the report’s recommendation to remove this aspect of the defence.
Increase in damages for victims of discrimination [PDF VERSION]
Issued: Thursday 23 October 2008
The Administrative Decisions Tribunal will soon be able to award victims of unlawful discrimination up to $100,000 in compensation, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said amendments to the Administrative Decisions Tribunal Act 1997 to more than double the current compensation cap of $40,000 had passed through NSW Parliament.
“If the Tribunal finds someone has suffered from discrimination, such as on the basis of gender, sexuality, disability or race, up to $100,000 in compensation could be awarded,” Mr Hatzistergos said.
“This is a significant increase in the maximum amount of compensation that the Tribunal can award to victims.
“It will allow the Tribunal to make compensation payments that better reflect the seriousness of the consequences of discrimination.
“It will also bring NSW more in line with damages available in other jurisdictions and reinforce the importance of the ADT’s jurisdiction in ensuring that discriminatory conduct will not be tolerated in NSW.”
Other reforms include transferring the power to grant exemptions from the operation of the Anti-Discrimination Act 1977 from the Attorney General to the President of the Anti-Discrimination Board.
A recent example was a Western Sydney bus company which received an exemption from the Act in order to advertise for female bus drivers only.
In addition, a range of miscellaneous amendments were made in relation to the operation, functions and constitution of the Administrative Decisions Tribunal to ensure it remains an independent, accessible and cost-effective forum for the people of NSW.
Community views sought on new sentencing option [PDF VERSION]
Issued: Wednesday 22 October 2008
The Rees Government is inviting public comment on a new style of community-based sentence, which could replace the system of periodic detention.
NSW Attorney General John Hatzistergos today released a consultation paper on a new sentencing option, called an Intensive Corrections Order (ICO),that has been backed by victims groups and legal experts.
“In January, the NSW Sentencing Council, which is headed by Justice James Wood and includes three of the state’s key victims groups, recommended the abolition of periodic detention and the creation of a new order,” Mr Hatzistergos said.
“The proposed Intensive Corrections Order could force offenders to make changes to their lives which they would not do themselves.”
Under the new system, courts would be able to impose a term of imprisonment to be served by way of an ICO with a number of components.
Following a suitability assessment by a Probation and Parole Officer, the offender would be subject to strict monitoring and be forced to comply with a range of conditions and obligations. These may include:
· Completing a minimum number of hours of community work
· Undertaking rehabilitative programs
· Being subjected to supervision, drug and alcohol testing
· Complying with night curfews
· Electronic monitoring
The NSW State Parole Authority would have the power to revoke the Order and sanctions include ordering the offender to full-time imprisonment if they fail to comply with the strict conditions.
Orders could be imposed on offenders sentenced to up to two years jail, so will not apply to serious violent offenders.
Mr Hatzistergos said Intensive Corrections Orders are used in Victoria, Queensland and Western Australia, as well as New Zealand, Europe and the United States.
On periodic detention, the Sentencing Council found:
· It is not always available as an option in rural and regional areas;
· Current periodic detention facilities are under-utilised, and
· There is a lack of case management of offenders.
“However, before we decide to introduce the new order, we want to hear from the judiciary, legal profession, victims support groups, Government agencies, community groups who use periodic detainees and the wider public,” Mr Hatzistergos said.
“The NSW Government is committed to finding the best solution to encourage rehabilitation and prevent re-offending and we will do that by canvassing our stakeholders’ views.”
The Vice President of the Victims of Crime Assistance League, Howard Brown, said one of the greatest drawbacks of the periodic detention regime, was that it doesn’t address offending behaviour.
“This new order will allow things to be put back into the community through work and will provide access to drug and alcohol programs which will allow us to achieve a reduction in re-offending rates.”
The discussion paper is available from www.lawlink.nsw.gov.au/clrd.
The closing date for submissions is Wednesday, 12 November 2008.
Survey finds 54% of Australians don’t have a will
Issued: Tuesday 21 October 2008
Marking Good Will Week 2008, NSW Attorney General John Hatzistergos revealed the results of a survey which found that 30% of people would write someone out of their will if that person did something to upset them.
He said the survey, which looked at people’s family structures and attitudes towards keeping a will, also found that 16% worry they may not inherit what they think is coming to them.
“Good Will Week is a reminder that we should all make out a will, and make sure we update our will when our personal situation changes,” said Mr Hatzistergos.
“If you want to make sure your estate is divided between your loved ones in the way you would like it to be, I urge people, no matter how young or old, to take this opportunity to make a will.”
Mr Hatzistergos said the survey, “Inheritance: Do You Think You’ll Get What You Deserve,” found that 54% of people aged over 18 do not have a will.
“Most troubling was that the survey found that 93% of young people, aged between 18 and 24, do not have a will.”
The survey, conducted on behalf of the NSW Public Trustee, the organisers of Good Will Week, asked 1,000 Australian’s about inheritance and their concept of the family. It found that:
- 53% of people have something in mind they would like to inherit
- Almost 70% of younger people (aged 18-24) have something in mind they would like to inherit
- Younger people are almost twice as likely to have a parent who has been in more than one marriage or long term de facto relationship than those who are over 54 years old
- Around one third of the population has a half or step-sibling
- 31% of adults consider a close friend as part of their extended family
- 54% of young people want to find out more about their family history while 16% of adults already know a lot about their family history
Mr Hatzistergos said Good Will Week ran until October 25 and that information about community events and genealogy workshops was available at www.goodwillweek.com.au or by calling 1300 142 434.
Victims of crime to assist in sentencing
Issued: Monday 20 October 2008
A sentencing initiative which gives victims of crime a say in how offenders are punished will be rolled out to an additional seven NSW Local Courts from today, NSW Attorney General John Hatzistergos announced.
Mr Hatzistergos said Forum Sentencing would be available as a sentencing tool for magistrates in Burwood, Newtown, Balmain, Campbelltown, Camden, Picton and Moss Vale Local Courts.
“The State Government is investing $1.9 million dollars this financial year to expand the program, which has been running in Liverpool and Tweed Local Courts since 2005,” Mr Hatzistergos said.
“The approach is proving effective in bringing offenders to account for their actions, while at the same time giving victims an active role in helping to administer justice.”
Under the program, offenders are ordered to sit down with their victims, a facilitator and police to discuss the impact of their crime and agree to an intervention plan.
Magistrates take this into account when handing down a sentence.
Offenders might also be forced to make an apology, pay compensation or undertake drug and alcohol treatment.
Those who fail to complete the program run the risk of being sent to prison.
However, hardened criminals, such as those who have served jail time and those guilty of serious personal violence and sexual offenders will be excluded from the program.
Mr Hatzistergos said an evaluation of the program by the NSW Bureau of Statistics and Crime Research last year found high levels of support for the program, among participants and particularly among victims.
“Victims said they believed it was a fair process for them and almost all offenders agreed it would encourage them to obey the law,” he said.
The Vice President of the Victims of Crime Assistance League, Howard Brown, welcomed the expansion of the Forum Sentencing Program.
“This program has been embraced by victims of crime who believe it is more inclusive than the traditional criminal justice process,” he said.
The Chief Executive Officer of the Enough is Enough Anti-Violence Movement Inc, Ken Marslew, commended the Attorney General on broadening the scheme to reach more courts.
“This is definitely a step in the right direction. It is important we have a system in place which holds offenders to account and makes them face the consequences of their actions,” Mr Marslew said.
New security designation for high risk inmates
Issued: Friday 17 October 2008
Minister for Justice, John Hatzistergos, today announced that a new prisoner designation category will be created for the State’s most dangerous inmates.
The Extreme High Risk Restricted (EHRR) category will be the highest designation for maximum security inmates in the prison system and will be reserved for individuals who engage in or attempt to engage in disruptive activities.
“The new high security designation will be introduced to eliminate the subversive activities of a limited number of inmates in the NSW correctional system,” said Mr Hatzistergos.
“These inmates present an extraordinarily high level of risk within the system, given their capacity to recruit other inmates and organise illegal activity both inside and outside prison walls.”
He said the introduction of the EHRR designation followed concerns expressed by senior prison authorities.
Under the changes, severe restrictions, listed below, will be imposed on EHRR inmates’ visits, correspondence, phone calls and personal moneys.
- Visits to EHRR inmates will be “non-contact,” meaning they will take place with a barrier between the inmate and the visitor unless the Corrective Services gives prior approval for a contact visit.
- Conversations with visitors will have to be conducted in English, or another language approved by the Commissioner within hearing distance of a Corrective Service translator.
- Visitors will have to have prior approval for a visit before arriving at a correctional centre and will have to agree to a criminal records check.
- All outgoing mail from EHRR inmates will have to written in English or another language approved by the Commissioner, unless the correspondence is to an exempt body, such as the Legal Aid Commission.
- Inmates’ phone calls will be limited to one monitored personal call a week, which will have to be in English, or another language approved by the Commissioner. The exceptions will be calls to legal representatives and exempt bodies such as the Ombudsman.
- Money sent to the Department of Corrective Services for payment into an EHRR inmate’s account will be returned to the sender.
- EHRR inmates will be designated as serious offenders and will come within the jurisdiction of the Serious Offenders Review Council.
Forster-Tuncurry anti-crime strategy approved
Issued: Thursday 16 October 2008
NSW Attorney General John Hatzistergos today announced the NSW Government’s endorsement of Great Lakes Council’s Crime Prevention Plan, which aims to get tough on burglary and vandalism.
Mr Hatzistergos said Council was now eligible to apply for up to $150,000 in government grants over the next three years to implement the Plan’s crime fighting initiatives.
“Great Lakes Council is to be commended on its comprehensive crime prevention strategy, which was developed using local crime data and by extensively consulting police and local residents about their concerns,” Mr Hatzistergos said.
“I am pleased to be endorsing the Forster-Tuncurry Crime Prevention Plan and encourage Council to take the next step and apply for funding.”
Mr Hatzistergos said the offence of break and enter into dwellings was identified as the top crime issue at a crime prevention forum attended by 300 Forster-Tuncurry residents last year.
“Under Council’s Plan, home security kits would be distributed to residents to advise them of simple ways to protect their property and deter burglars,’ he said.
“Council is also considering offering subsidised home security devices to people living in burglary ‘hot spots’.”
In addition, Council aims to reduce malicious damage in Forster-Tuncurry by rapidly removing graffiti and designing public areas to be less conducive to crime.
“The prompt removal of graffiti can deter vandals and will help to enhance the community’s sense of safety.
“It is also important to ensure public areas, such as parks and sporting fields, are well lit and have clear sight lines so that anti-social behaviour is more easily detected.”
Mr Hatzistergos said NSW Government grants were enabling Councils and residents across NSW to implement innovative strategies to reduce crime.
“Communities are best placed to identify local issues and develop solutions,” he said.
“The NSW Government’s $1.6 million crime prevention fund will continue to support grass roots initiatives to combat crime.”
New approach to tackling anti-social behaviour
Issued: Monday 13 October 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 early intervention into Government service delivery
The State Government is expanding its Anti-Social Behaviour Project to Leichhardt in a bid to reduce anti-social behaviour and crime by young people in the area.
NSW Attorney General John Hatzistergos and Member for Balmain Verity Firth today launched the project, which will operate within the Leichhardt Local Area Command covering Glebe, Annandale, Leichhardt, Lilyfield, Rozelle and Balmain.
Mr Hatzistergos said the scheme would improve the way young people at risk of falling into crime were supported by government agencies and police.
“The project recognises some young people are at risk to themselves or the community due to a whole variety of reasons and that no single agency can solely manage their needs,” he said.
“This is why we are cutting the red tape that exists between agencies to provide more effective case management of a young offender or potential offender.
“The key is reaching young people who are at risk of offending early on and providing the right support mechanisms to steer them away from the criminal justice system.”
The Anti-Social Behaviour Project will:
- Increase the number of agencies that have the power to initiate information sharing about people under 16. This power is currently restricted to the Department of Community Services,
- Broaden the criteria for allowing information exchange to include young people at risk of anti-social behaviour, and
- Provide a targeted privacy exemption to allow agencies to share information where they believe a person aged 16 to 25 is at risk.
It is based on early intervention and allows government agencies to respond rapidly at the local level and provide at-risk youths with intensive multi-agency support.
Ms Firth welcomed the introduction of the project to the local area and said it would prove particularly helpful in targeting anti-social behaviour in Glebe.
“This project will ensure there is greater support for those young people who are at risk of engaging in criminal activity,” she said.
“I look forward to seeing some positive results delivered in our local community.”
The Glebe Chamber of Commerce, Glebe Society, Glebe Point Residents Group and Glebe Community Action Group have all given their support for the program.
The Anti-Social Behaviour Project has been running successfully in Canoblas, Lake Macquarie, Eastern Beaches, Orana, Darling River and Wagga Wagga since 2006.
New remote witness facilities for Penrith Court
Issued: Monday 13 October 2008
Victims testifying in sexual assault matters at Penrith Courthouse are now able to give their evidence in private via Closed Circuit Television (CCTV), NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the $140,000 video equipment would spare sexual assault victims the anguish of having to come face-to-face with their alleged attacker in the courtroom.
“Sexual assault victims are now able to testify via CCTV cameras from a new private and secure remote witness room,” Mr Hatzistergos said.
“Their evidence can also be recorded on DVD for use in any possible re-trials to spare the victim the trauma of having to give evidence a second time.”
Two large plasma television monitors have been installed in Courtroom One at Penrith and will be used to screen live remote witness testimony as well as pre-recorded evidence.
Electronic evidence can be played to the court on all major formats, including CD, analogue tape, DVD, VCR and laptop computer.
Courtroom One has also been fitted with an electronic filming device, called a Digital Presenter, which is used to zoom in on objects and project them on to the plasma screens.
Member for Penrith Karyn Paluzzano welcomed the improvements to the court.
“Any measures that can alleviate discomfort for victims and encourage them to testify is welcome relief to the residents of Penrith,” she said.
In another development, Mr Hatzistergos said the busy Local Court would be given more space after two of the three District Courts allocated to Penrith move to the new Parramatta courthouse in July.
He said the District Court at Penrith will continue to hear short criminal matters and cases that are fed from Penrith, Hawkesbury and Blue Mountains police local area commands. Civil matters will not be affected.
He said long trials and matters from the local area commands of Blacktown, Mt Druitt, Quakers Hill and St Marys will move from Penrith to Parramatta.
“The NSW Government regards the Penrith facility as a crucial part of the State's network of courts. In recent years, the Government has spent more than $3 million on improvements to the courthouse.”
The decision to move the courts was made after consultation between the District Court and stakeholders.
New powers to enforce classification laws
Issued: Wednesday 24 September 2008
The advertising of unclassified films and computer games will be subject to new laws being introduced into NSW Parliament today.
NSW Attorney General John Hatzistergos said the NSW Classification (Publications,Films and Computer Games) Enforcement Act 1995 was being amended to ensure the necessary measures were in place for when new Commonwealth classification laws begin.
“The increased risk of piracy and rapid advances in technology has led to many products only being available for classification very close to their release date, which makes marketing difficult,” Mr Hatzistergos said.
“In response, the Commonwealth Government, States and Territories agreed to new legislation to allow the advertising of films and computer games prior to their classification, similar to what happens now with certain films released in cinemas.”
“The new advertising scheme will benefit industry, while still protecting the rights of consumers.”
“In preparation for its introduction, we are amending our laws to ensure there are adequate penalties in place should individuals or companies fail to comply with the new requirements.”
New advertising conditions will include:
- Advice to consumers to ‘check the classification’;
- Strict time periods for classification information to be included in advertisements once the material has been classified;
- Strict limitations on advertising materials likely to have different classifications. For example, a film likely to be M or PG cannot be advertised during G-rated films.
The new scheme will not apply to material which falls into the X18+ or RC categories.
Advertising of this material will continue to be prohibited.
Mr Hatzistergos said the NSW Bill removes the offence of advertising an unclassified film or computer game.
“Instead, a new offence of failing to advertise a product in accordance with the relevant legislation will be introduced, with a maximum fine of $22,000,”Mr Hatzistergos said.
Government to consult on court appeals
Issued: Wednesday, 24 September 2008
NSW Attorney General John Hatzistergos today announced the NSW Government would consult on changes to appeals from the Local Court to the District Court.
Mr Hatzistergos said this followed suggestions raised by the Director of Public Prosecutions and Local Court to the statutory review of the Crimes (Appeal and Review) Act 2001.
“I am concerned defendants too often use Local Courts to test their case, only to appeal if they don’t like the sentence handed down by a magistrate,” he said.
The Government would consult on two significant proposals raised in the review of the Act:
- The suggestion that appellants should only be able to introduce fresh evidence or call witnesses in a sentence appeal from the Local Court with the leave of the court. This will allow the DPP to oppose defendants calling victims to give evidence in an appeal without a good reason. This is permitted on the basis that matters relevant to sentencing should be presented by the prosecution and defence to the Local Court and that additional evidence should only be allowed with the leave of the District Court.
- The suggestion that an appeal to the District Court from the Local Court on a sentence should be dismissed unless it is satisfied the sentence was manifestly excessive or inadequate.
Mr Hatzistergos said the proposal was among 17 recommendations contained in a report on the review of the Crimes (Appeal and Review) Act 2001 by the Attorney General’s Department that seek to improve the way in which court appeals and reviews are managed.
The report, tabled today, received submissions from a range of stakeholders including the courts, the Bar Association, Legal Aid NSW, the Director of Public Prosecutions and NSW Police.
It made 15 recommendations on minor improvements to the Act, which will be included in a Bill to go before Parliament this session. These include:
- When an AVO is dismissed in the absence of the applicant, allow the applicant to apply to have the dismissal annulled;
- When an AVO is annulled by the District Court and returned to the Local Court, require the District Court to issue an interim order to protect the applicant;
- Clarify that all of the material before the Local Court may also be considered in an appeal to the District or Land and Environment Court.
The other two recommendations, which are more substantive reforms, will be the subject of consultation with stakeholders before any decisions are made.
The Local Court hears cases where defendants face penalties of up to two years in jail - for summary offences, or indictable offences which are heard summarily.
More compensation for victims of discrimination
Issued: Wednesday 24 September 2008
The maximum compensation pay-out for victims of unlawful discrimination will more than double under legislation introduced into NSW Parliament today.
NSW Attorney General John Hatzistergos said reforms to the Administrative Decisions Tribunal Act 1997 would give the Tribunal the power to award victims up to $100,000 if unlawful compensation was proven.
“This is a significant increase from the current cap of $40,000,” Mr Hatzistergos said.
“People who are found to have suffered discrimination, whether it be on the basis of gender, sexuality, disability or racism, will benefit from the increase in the damages cap.
“It will allow the Tribunal to make compensation awards that better reflect the seriousness of the consequences of discrimination and more in line with damages available in other jurisdictions.”
He said it also follows moves by the NSW Government to harmonise antidiscrimination laws with the Commonwealth and other states and territories through the Standing Committee of Attorneys General.
Other reforms in the Bill, also working towards harmonisation, include transferring the power to grant exemptions from the operation of the Anti Discrimination Act 1977 from the Attorney General to the President of the Anti-Discrimination Board. Appeals would be heard in the Tribunal.
In addition, a range of miscellaneous amendments are being introduced which relate to the operation, functions and constitution of the Administrative Decisions Tribunal.
The changes were prompted by a statutory review of the Act and consultation with key stakeholders including government agencies, the legal profession and the Tribunal.
Mr Hatzistergos said a number of recommendations were being implemented which strike a balance between operational reform, while still ensuring the Tribunal remains an independent, accessible and cost-effective forum.
Record use of video conferencing by NSW courts
Issued: Monday 22 September 2008
New figures show the NSW justice system is increasingly turning to video conferencing to hear bail applications and evidence from remote witnesses, with a record 39,000 sessions held last financial year.
NSW Attorney General John Hatzistergos said the use of video link technology to administer justice had risen from 26,000 in 2006/07 to more than 39,200 in 2007/08.
“This is a dramatic increase which is saving taxpayers millions - an estimated $6.5 million in 2006/07 - in remote witness and prisoner transportation costs,” he said.
“Last year, the NSW Chief Magistrate directed that a person in custody should appear in court by video link unless the interests of justice dictated otherwise.
“Almost three-quarters of last year’s sessions involved prisoners appearing via video link for bail applications and other court-related matters, reducing the risk of escapes and creating a safer environment.”
Mr Hatzistergos said the NSW court system was the most efficient in Australia and the State Government’s considerable investment in video conferencing was allowing our courts to deal with matters more expeditiously.
“The so-called tyranny of distance has less impact on NSW courts in the 21st Century, as video conferencing makes it possible to beam in evidence from any location in the world that has compatible technology,” Mr Hatzistergos said.
Last year, the NSW Government passed laws that will create a presumption in favour of prisoners appearing in court via video link in committal hearings, sentencing hearings and appeals.
However, the court will be able to override this presumption if it is in the interests of justice to bring the prisoner before the court.
The new laws start on 1 January 2009.
Video conferencing technology is installed at more than 200 courts, prisons, juvenile justice centres and Legal Aid offices across the state.
NSW leads the way on de facto law reforms
Issued: Monday 22 September 2008
NSW has become the first jurisdiction in Australia to commence legislation which, with corresponding Commonwealth legislation, will allow separating de facto couples to have their property and maintenance matters resolved in the Federal Family Court.
NSW Attorney General John Hatzistergos said the NSW Act refers power to the Commonwealth to legislate for de facto partners and married couples to have equal access to Family Court services in the event their relationship breaks down.
“The NSW Government has acted to ease the burden and stress faced by separating de facto couples by giving them the same access to the Family Court as a divorcing married couple,” he said.
“To date, de facto couples could only use the federal courts to resolve issues relating to children, while property and maintenance matters were heard in state courts.
“Once the Commonwealth’s legislation is also enacted, they will be able to attend a single court to resolve all of the disputes that commonly arise at the end of a relationship.
“This will save the time and money of the court and of the couples themselves.”
The new laws do not discriminate between heterosexual and same-sex couples.
Mr Hatzistergos said these long-awaited reforms were stymied by the former Howard Government which delayed taking up the referral of powers from NSW for six years.
“NSW passed legislation in favour of separating de facto couples using the Federal Family Court in 2003. This followed a 2002 proposal from the Standing Committee of Attorneys General,” Mr Hatzistergos said.
‘The Howard Government refused to accept the referral of power because of an ideological objection to same sex de facto couples.
“What we have now is a commitment by the Rees and the Rudd Labor Governments to remove bureaucratic difficulties faced by couples if their relationships break down.
“This is co-operative Federalism in action, delivering practical benefits to all Australians.”
International forum for court excellence
Issued: Monday 22 September 2008
Sydney is hosting a major international forum on optimising the performance of courts, NSW Attorney General John Hatzistergos said today.
Judicial officers from 15 countries will be among 120 participants at the Court Quality Forum being held at Darling Harbour over the next two days.
“I extend a warm welcome to all of the international delegates, who come from the United States, France, the Asia Pacific region and New Zealand to share their expertise and learn how their court systems can be improved,” Mr Hatzistergos said.
‘The conference will launch an International Framework for Court Excellence, which will provide courts with guidelines to assess and enhance their performance.
“The framework is based on the premise that while there are many different court systems throughout the world, there are certain values that transcend geographical boundaries such as the need for impartiality, fairness, transparency and timeliness.”
“It is designed to be adaptable to all courts, regardless of their size, location or resources. It should be equally effective in a large urban court as it is in courts in smaller rural areas, or in developing countries.”
A $50,000 AusAID grant enables delegates from developing countries in the Asia Pacific region to attend the forum.
The International Consortium for Court Excellence developed the framework.
Signatories to the consortium include the:
- Australasian Institute of Judicial Administration (an independent institute that draws its members from all levels of the Australian and New Zealand judiciary)
- Federal Judicial Center (a research and education organisation for the federal judicial system of the United States)
- National Center for State Courts (provides consulting, training and research evaluation to court systems in the United States and throughout the world)
- Subordinate Courts of Singapore (have a broad jurisdiction in Singapore that encompasses civil and criminal matters, family law and juvenile justice).
Mr Hatzistergos said the conference would enable NSW to showcase its courts to an international audience.
“NSW courts already lead the nation in many key performance categories,” he said.
“The International Framework for Court Excellence will provide further guidance for NSW courts as they strive to improve their delivery of services to the community.”
Browse Framework for Court Excellence >>
Two mothers can be listed on a birth certificate
Sunday 21 September 2008
Birth certificates that carry the names of two mothers will be available for lesbian parents under new laws which come into force tomorrow, said NSW Attorney General John Hatzistergos.
Mr Hatzistergos said the new birth certificates are part of a broad package of reforms which give the children of female de facto couples equal rights.
“It is important that when we recognise the rights of children of female de facto couples, we reflect those rights in official documentation.”
“A child’s birth certificate, which lists two mothers as parents, gives that child the same advantages in life as a child with heterosexual parents listed on their birth certificate.”
Mr Hatzistergos said the Registry of Births, Deaths and Marriages had already received more than 100 inquires about the new birth certificates.
The new laws only apply to children who are conceived through artificial fertilisation who are living in domestic situations where their parents are in a lesbian de facto relationship. The laws will be retrospective allowing lesbian mothers to be listed on birth certificates for existing children.
“The new laws do not diminish or extinguish the rights of fathers in any way,” said Mr Hatzistergos.
“Fathers will not have their names removed from birth certificates, nor will they be prevented from having their names placed on birth certificates.
Under current law, sperm donors do not have parental presumptions and are not listed on birth certificates. This will not change.
Previously, under the Status of Children Act 1996, parental presumptions for artificial fertilisation only applied to heterosexual couples.
The new law also brings NSW into line with Western Australia, the ACT and the Northern Territory. New Zealand and Canada also have similar laws.
“This will give children greater protections in, for example, an emergency health situation where a parent might be required to sign consent forms,” said Mr Hatzistergos.
“It also means female de facto parents will have a responsibility to protect and provide for their children, just like everyone else,” said Mr Hatzistergos.
Children of lesbian couples will now have equal rights to children of heterosexual couples with regard to:
- Workers compensation and victim compensation payments where one or both parents are killed or injured.
- Inheritance of both of the parents’ assets.
- Recognition of both parents by school authorities.
- Improving access to guardianship orders for elderly parents.
On top of the new parenting laws, the NSW Government has reformed almost 50 other laws that extend equal rights and obligations to de-facto couples.
As part of the reform process, the NSW Government has updated antidiscrimination laws to address possible discrimination based on a person’s domestic status.
The new laws were recommended by the Law Reform Commission which consulted widely with stakeholders.
Greater consultation on legal harmonisation
Issued: 18 September 2008
Commonwealth Attorney-General Robert McClelland and NSW Attorney-General John Hatzistergos today attended the Standing Committee of Attorneys-General (SCAG) harmonisation conference, the first of its kind held in Australia.
The conference engages business, industry, academics and the legal profession in the process of legal harmonisation.
“To be truly competitive on the international stage, Australian Governments need to ensure we have national solutions for national issues.” Mr McClelland said.
“It makes sense that we consult as broadly as possible in developing national solutions to issues that cut across State and Territory borders”.
The conference is being attended by 40 delegates from a range of fields including the legal profession, law reform bodies, industry, business and academia. It will consider issues currently before SCAG, and will also brainstorm what issues SCAG could focus on in the future.
“This closer consultation with interested parties on harmonisation issues delivers on another of the Rudd Government’s election commitments,” Mr McClelland said.
NSW Attorney General, John Hatzistergos also attended to welcome the delegates to Sydney.
“This level of direct involvement in the law reform process provides insight into practical realities, allowing us to better direct the process of legal harmonisation,” Mr Hatzistergos said.
The conference is modelled on international approaches to the harmonisation of laws, such as the Uniform Law Conference of Canada. The outcomes of the conference will be reported to SCAG Ministers at their next meeting in November.
Support line for Indigenous victims of crime
Issued: Wednesday 17 September 2008
A free, dedicated telephone support service is now available to help Indigenous victims of crime in NSW, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the NSW Government established the phone line to improve the access of Aboriginal and Torres Straight Islanders victims of crime to counselling services and legal advice.
“The support line is staffed by a trained Aboriginal Contact Officer who offers a sensitive response to enquiries about counselling, compensation and the rights Indigenous victims of crime” Mr Hatzistergos said.
In NSW, victims of violent crime can apply for free counselling and up to $50,000 in compensation through the Victims Services branch of the Attorney General’s Department.
“In many cases, Indigenous victims of crime are not aware of their entitlements,” Mr Hatzistergos said.
“The Indigenous support line officer will be able to provide preliminary information about the services available and can provide referrals to other agencies.
“The support line complements Victims Services’ existing free-call services for victims of crime and will provide assurance for Indigenous clients that they are speaking to someone who understands the issues facing their communities.”
The Indigenous support line operates weekdays from 8.30am to 5.00pm. The phone number is 1800 019 123.
More information about services for victims of crime is available at www.lawlink.nsw.gov.au/vs.
NSW Sheriff recruits Indigenous officers
Issued: Wednesday 17 September 2008
NSW Attorney General John Hatzistergos today announced the appointment of 20 Aboriginal and Torres Strait Islander trainee Sheriff’s Officers following a state-wide recruitment drive.
Congratulating the new recruits, who begin a 12-month traineeship next week, Mr Hatzistergos said they would provide an important link between Indigenous communities and the justice system.
“This is the first time the NSW Sheriff has specifically sought Aboriginal and Torres Strait Islander people for trainee positions,” Mr Hatzistergos said.
“I welcome the appointment of the 20 new recruits and wish them every success as they begin a rigorous training program.”
“Indigenous sheriff’s officers are best placed to understand the cultural identity of Indigenous people.
“I trust that they will also act as role models, particularly for Aboriginal and Torres Strait Islander offenders who come before the courts.”
Mr Hatzistergos said the state’s 298 Sheriff’s Officers play a pivotal role in our legal system.
“Sheriff’s Officers uphold the security of NSW courts, manage the state’s jury system, serve summonses and enforce writs” he said.
“The cultural experience of our new trainees will also enable them to help with Indigenous programs such as Circle Sentencing, where community Elders participate in the sentencing of Aboriginal offenders.”
Training of the new Sheriff’s Officers will be held at Dubbo’s Charles Sturt University campus and PCYC from September 22. They will also visit rural, regional and metropolitan centres to observe and learn from experienced
Sheriff’s Officers as they go about their duties.
The new officers will be deployed to Bankstown, Blacktown, Bourke, Broken Hill, Burwood, Campbelltown, Sydney’s Downing Centre, Dubbo, Goulburn, Liverpool, Moree, Newcastle, Orange, Parramatta, Queanbeyan, Tamworth, Taree, Wyong and Wollongong.
Helping victims of crime have their say
Issued: Thursday 28 August 2008
The Iemma Government is moving to make it easier for victims of violent crimes to present their victim impact statements in NSW courts, Attorney General John Hatzistergos announced today.
Amendments to the Crimes (Sentencing Procedure) Act 1999 will deliver significant benefits for vulnerable witnesses such as sexual assault victims and children who, for the first time, will be able to give their statements via Closed Circuit Television.
“Sexual assault victims and children can already give evidence via CCTV during a trial, so there is no reason why the law shouldn’t allow them to deliver their victim impact statements in the same way,” Mr Hatzistergos said.
“The aim is to reduce any additional trauma for victims by enabling them to be heard in a separate room to their attacker.”
Mr Hatzistergos said the law would also be changed to ensure photographs and drawings can be included in victim impact statements made to the court.
“Sometimes words aren’t enough to convey the suffering felt by a victim of crime and a picture could carry additional impact,” Mr Hatzistergos said.
“A victim may wish to attach a photo to their statement that shows the court how they or their family were before the incident, while a child might find it easier to express their hurt through a drawing.”
Further reforms to victim impact statements include:
• Changing terminology in the Act to ensure a victim of any ‘prescribed sexual offence’ is entitled to give a victim impact statement (including victims of indecent assault, kidnapping and child prostitution).
• Enabling witnesses to a sexual assault to give victim impact statements • Clarifying that a parent or guardian may make a Victim Impact Statement on behalf of a child (providing the child does not object)
• Broadening the range of psychological impacts that victims can include in their statement.
The Government has also changed the Young Offender regulation to allow victims to request an apology from young offenders who are being formally cautioned.
This builds on changes made last year which allow the person giving the caution, usually a Police officer, to seek a statement from the victim and read it out to the offender at the formal cautioning.
Aboriginal justice group seeks founding members
Issued: Thursday 28 August 2008
A new Aboriginal Community Justice Group being established in Tamworth will hold an information day next week to recruit volunteer members, NSW Attorney General John Hatzistergos said today.
Mr Hatzistergos said the information day would be held at Coledale Community Centre next Tuesday, September 2, 2008.
“The aim is to give local Aboriginal residents a chance to learn about the group’s goals and nominate for membership,” Mr Hatzistergos said.
“The new group will examine crime and offending issues in Tamworth and develop ways to address them.
“Local Aboriginal people understand the issues facing their community and are well placed to help identify and address the causes of crime.
“I would encourage everyone with an interest in helping address crime in the community to attend the information day and register their interest.”
The coordinator of Tamworth’s Aboriginal Community Justice Group, Mary Slater, said the new group would bring together Indigenous Elders and young people to work on crime prevention strategies.
“Recruiting members of different demographics is crucial to our success,” Ms Slater said.
“Elders will bring wisdom and life experience to the group, while younger members will provide a direct insight into the challenges and stresses facing Aboriginal youth.”
Ms Slater said the group would help Aboriginal offenders get their lives back on the right track and provide assistance to victims.
“It will help Aboriginal offenders to enrol in life skills courses and will link victims of crime to support services,” she said.
The Aboriginal Community Justice Group will work in cooperation with police, courts, probation and parole and juvenile justice.
The Aboriginal Community Justice Group information day will be held from 10.30am–1.00pm, 2 September at the Coledale Community Centre, 2B Kenny Drive.
Great results from court-based drug treatment program
Issued: Wednesday 20 August 2008
NSW Minister for Health Reba Meagher and NSW Attorney General John Hatzistergos today released a report detailing the impact the NSW Magistrates Early Referral into Treatment, or MERIT program was having on participants’ health outcomes.
MERIT targets local court defendants who may be referred into treatment programs by a range of people including magistrates, solicitors, police or family and friends.
Mr Hatzistergos said MERIT was designed to help people who are identified as being in need of treatment to reduce drug use and dependency on illicit substances in order to help them break the drug-crime cycle.
“MERIT has been rolled out to 61 local courts across NSW and more than 9,000 people have been accepted for treatment in the program,” Mr Hatzistergos said.
“Many of those entering the program had an almost daily dependence on cannabis or other drugs like heroin or amphetamines.
”The outcomes to date have been outstanding in terms of helping people to lead healthier lives and creating safer communities.”
A two-year study of MERIT participants found:
- 98 per cent said MERIT had helped them deal more effectively with their problem
- 38 per cent said that they had stopped using drugs altogether by the end of the program.
Ms Meagher said the study also found that the number of participants suffering high or very high psychological distress dropped from two-thirds at the start of the program to one-third during the course of the program.
“The research tells us that addressing people’s underlying drug use and drug dependency can be the key to breaking the drug-crime cycle,” Ms Meagher said.
“The pleasing thing about this report, is that it shows the MERIT program is also having a real impact on people’s health.”
Ms Meagher said the MERIT Program is funded under the Illicit Drug Diversion Initiative (IDDI) Agreement between the NSW and Commonwealth Governments until next year.
“The Rudd Government has committed to an extension of funding for the IDDI Agreement to support successful programs like MERIT until the commencement of the next IDDI Agreement in July next year,” Ms Meagher said.
“We look forward to discussions with the Commonwealth around the new Agreement and the opportunity to continue the expansion of MERIT to offenders with alcohol problems.”
Aboriginal Justice Group amongst largest in NSW
Issued: Wednesday 20 August 2008
Campbelltown’s Aboriginal Community Justice Group has grown to be one of the largest in the state, NSW Attorney General John Hatzistergos said today.
“The group has 29 Aboriginal volunteer members who are combining their expertise and local knowledge to develop practical solutions to crime issues facing Campbelltown,” Mr Hatzistergos said.
“The group’s members have experience in a range of fields, including juvenile justice, health, police and housing.
“While most members are community Elders, two teen members will ensure the voice of the younger generation is heard.”
The NSW Government provided $78,000 in the State Budget to support the Aboriginal Community Justice Group in Campbelltown in 2008/09.
Mr Hatzistergos said this funding has enabled the appointment of Leeanne Hunter as group coordinator.
“Ms Hunter worked at Macarthur Legal Centre as the Aboriginal Legal Access Worker before joining the Attorney General’s Department. She has a Diploma in Community Services and Welfare and extensive experience in Aboriginal community development,” he said.
Ms Hunter will hold her first formal meeting with the Aboriginal Community Justice Group at Campbelltown Courthouse on Friday 22 August.
“Aboriginal people are over-represented in our prisons and this is an exciting opportunity to help reduce incarceration rates,” Ms Hunter said.
“The group will be working directly with Aboriginal offenders to steer them on to the right path and will provide support for victims. We will also develop strong relationships with justice agencies as their support will be vital if our strategies are to succeed.”
Twenty Aboriginal Community Justice Groups operate in NSW. They are based on the concept that local Aboriginal people know their own communities and problems better than anyone else.
Mr Hatzistergos wished Ms Hunter and all other members of the Campbelltown group every success as they strive to create a safer community.
$1 million facelift for Gosford Courthouse
Issued: Friday 15 August 2008
The master plan is being finalised for the most substantial upgrade of Gosford Courthouse in its 21-year history, NSW Attorney General John Hatzistergos announced today.
“The NSW Government is investing $1 million in redesigning the court registry and other client service areas and making the building more accessible to people with a disability,” Mr Hatzistergos said.
The courthouse will be among the first in NSW to introduce Face-to-Face registry design.
“Face-to-Face design was developed following extensive consultations with NSW court users and registry staff. The new layout will help make registry services simpler, faster and easier to access,” Mr Hatzistergos said.
The design will include:
- A public computer terminal enabling court users to browse legal information on the internet;
- Information boards with brochures on useful legal resources and support services;
- A registry interview room for lengthy or private transactions;
- More comfortable seating in the waiting area; and
- Two new registry counters of different heights.
“The lower registry counter is designed for people using a wheelchair or who may be more comfortable sitting down, such as pregnant women,” Mr Hatzistergos said.
“The jury assembly area and jury box will also be made more accessible to people with a disability.”
Member for Gosford Marie Andrews welcomed this significant upgrade, which would also provide better facilities for victims of domestic violence.
“Victims waiting to appear in court in domestic violence matters will have access to a private room equipped with a kitchenette and a parent-friendly bathroom,” Ms Andrews said.
“This upgrade is most welcome and will greatly enhance court facilities for all court participants and visitors.”
Work will begin at the end of the year and is due for completion in June 2009.
Free public forum to help ease mortgage stress
Issued: Friday 15 August 2008
Free legal and consumer advice for homeowners experiencing mortgage stress will
be offered at a public forum to be held in Gosford next Saturday, 23 August, NSW
Attorney General John Hatzistergos said.
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 follows a successful event held in Sydney last month, which attracted more than 60
participants.
“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 Surviving the Mortgage Crisis forum will be held at the Central Coast
Leagues Club, Danes Drive, Gosford, on Saturday 23 August from 2pm to 5pm.
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 Gosford Marie Andrews said Gosford was an excellent choice to host the
second mortgage crisis forum.
“There are many residents on the Central Coast suffering financial hardship,” Ms
Andrews said.
“This forum will provide some much-needed advice for those homeowners who don’t
know their rights or where to turn for help.”
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.
New Supreme Court judge announced
Issued: Friday 15 August 2008
NSW Attorney General John Hatzistergos today announced the appointment of barrister Robert Macfarlan, QC, to the bench of the Supreme Court of NSW and the Court of Appeal.
“Mr Macfarlan has practised across all jurisdictions in NSW during his 31 years at the Bar and has a wealth of experience in commercial fields,” Mr Hatzistergos said.
“He has appeared in many significant and complex cases and recently represented the Australian Securities and Investments Commission in proceedings against directors of the failed company, One.Tel.”
Mr Macfarlan studied law at Sydney University, graduating with first class honours in 1973. He has served on the Council of the NSW Bar Association and, at the age of 36, became one of the youngest barristers to be appointed Queen’s Counsel in 1986.
He is a judicial member of the Administrative Decisions Tribunal, sitting on disciplinary matters in the Legal Services Division.
Mr Macfarlan will be sworn in as a Supreme Court Judge and a Judge of the Court of Appeal on 8 September 2008.
“I congratulate Mr Macfarlan on his appointment and wish him well for the next chapter of his already stellar career,” Mr Hatzistergos said.
Media Contact: Simon Crittle 0400 477 924
Record mediations settle at Supreme Court
Issued: Thursday 14 August 2008
More people in NSW are turning to mediation to settle their civil disputes enabling them to avoid costly court hearings, NSW Attorney General John Hatzistergos said today.
Mr Hatzistergos said registrars at the Supreme Court of NSW have conducted a record 266 mediations in the first half of this year, up from a total of 282 in 2007.
“Mediation ensures cases can be resolved early and to the satisfaction of both parties, saving time and costs,” Mr Hatzistergos said.
“It is very encouraging that so far this year 59 per cent of the mediation sessions have concluded with the litigants resolving their dispute.”
Mr Hatzistergos said the Court encouraged litigants, and in some cases required them, to attempt mediation before a court hearing was allocated.
“The earlier they decide to mediate, the greater the benefits,” he said.
“A major advantage is that parties to the dispute can resolve their issues themselves, rather than have a judgment imposed on them.
“Also, mediation can resolve a dispute earlier than a court hearing, should be less costly and is conducted privately rather than in a public courtroom.”
Ten registrars at the Supreme Court handle mediations. Up to four are held daily, with half a day allocated to each.
The vast majority of the cases are from the Equity Division of the Supreme Court and involve disputes over estates under the Family Provision Act. Others include division of property when de facto relationships break down.
Mr Hatzistergos said the Supreme Court launched a mediation push in March and April this year and has kept up the pace since.
Coffs Harbour Crime Prevention Plan wins approval
Released: Wednesday 13 August 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 his endorsement of Coffs Harbour City Council’s Crime Prevention Plan 2008-2011.
Mr Hatzistergos said Council was now eligible to apply for up to $150,000 funding over the next three years from the Attorney General Department’s Safer Community Compact Grant Scheme to implement its crime fighting initiatives.
“Council is to be commended on its comprehensive plan, which aims to create a safer Coffs Harbour community by introducing new measures to reduce domestic violence and malicious damage,” Mr Hatzistergos said.
“The endorsement is recognition of the good work that has gone into the plan, which was developed in partnership with residents, the police and community service providers.”
Mr Hatzistergos said new crime reduction strategies by Council include organising activities and safe meeting places for young people, increased education about domestic violence, raising skill levels of young offenders and people at risk and developing awareness programs for indigenous residents.
“Council will also work to identify any gaps in service delivery and look at how local services might be improved,” he said.
“Coffs Harbour City Council has demonstrated a strong commitment to tackling crime in the local region.
“It has invested considerable resources and undertaken extensive community consultation to develop innovative strategies for creating a safer community.
“I now encourage Council to take the next step and apply for a grant, so work can begin to deliver these important initiatives.”
This year, the Attorney General has committed $1.7 million for crime prevention grants for councils across NSW.
Two solicitors to join Local Court bench
Issued: Wednesday 6 August 2008
Attorney General John Hatzistergos today announced the appointments of solicitors Stephen Corry and Susan McIntyre to the bench of the NSW Local Court.
“Magistrates are responsible for a substantial and diverse workload,” said Mr Hatzistergos.
“Both Mr Corry’s and Ms McIntyre’s experience working in local courts places them in good stead to handle the challenges of the position.”
Mr Hatzistergos said the solicitors had worked extensively in the criminal jurisdiction and had acted in a range of matters involving children.
Mr Corry, currently a partner in a legal practice in Penrith, began his career in Walgett in north western NSW in 1977.
He has been an advocate for disadvantaged members of the western Sydney community and has represented clients at the Independent Commission Against Corruption and the Police Integrity Commission.
He has also been a principal legal officer for the Commonwealth Director of Public Prosecutions.
Mr Hatzistergos said Ms McIntyre has had 14-year career as a solicitor and has a Masters of Laws from the University of Sydney.
She has provided advice and representation on matters in the District and Supreme courts and is a member of Legal Aid panels for criminal matters in the Children’s and Local courts.
Mr Hatzistergos said Ms McIntyre would serve as a part-time magistrate.
The two new magistrates will be sworn in on Monday, 11 August 2008.
“I wish both Ms McIntyre and Mr Corry every success in their new roles,” Mr Hatzistergos said.
New laws to track terrorists down
Issued: Sunday 3 August 2008
Special new surveillance powers have been given to NSW Police, which will aid its investigations into terrorist organisations and organised crime groups, Attorney General John Hatzistergos announced today.
The Surveillance Devices Act 2008 commenced on Friday (1 August 2008) and will allow surveillance warrants to be used by police during cross border operations once the legislation has been recognised by participating jurisdictions.
Mr Hatzistergos said the use of emerging technologies, including listening devices, optical devices, tracking devices and data surveillance devices, used to monitor and record information on a computer, have also been regulated by the new law.
“This will mean that law enforcement officers will be able to obtain one warrant for a range of new devices, with the warrant applying in NSW and other participating states and territories,” said Mr Hatzistergos.
“The duration of warrants will also be extended from 21 to 90 days, cutting red tape for police who won’t have to continually re-apply for them.”
Mr Hatzistergos said the laws will eliminate the need to seek warrants against persons located in other states and territories and will allow law enforcers to exploit technology advances.
“To adequately track and prosecute terrorists, we need to be able to monitor computers, as well as be able to watch and listen with whatever means available,” he said.
Mr Hatzistergos said to prevent serious crimes the law also gave police “emergency” powers to immediately begin electronic monitoring a premises or person of interest.
“The law says emergency powers may be used if there is an imminent threat of serious violence or substantial damage to property, or if a serious narcotics offence will be committed.”
He said incidents where devices were immediately employed, police would have a limited time frame to have a warrant retroactively applied by a judge.
The law, which supersedes the Listening Devices Act 1984, is based on national laws agreed to by Australia’s Police Ministers and Attorneys General.
The Surveillance Devices Act will:
- Enable law enforcement officers to obtain warrants or emergency authorisations for surveillance devices;
- Ensure that Police can act immediately where there is an imminent threat of serious violence to a person or substantial damage to property;
- Protect members of the public from the illegitimate use of surveillance devices;
- Regulate the installation, use, maintenance and retrieval of surveillance devices;
- Establish procedures to obtain warrants or emergency authorisations for surveillance devices;
- Create offences relating to the improper installation or use of surveillance devices;
- Impose requirements for the secure storage and destruction of records and reporting to parliament;
- Recognise warrants and emergency authorisations issued in other jurisdictions.
Warrants or emergency authorisations issued under the new law will permit the use of surveillance devices:
- On specified premises or vehicles;
- On specified objects, such as containers and boxes that might be moved around in a drug manufacturing operation;
- On or about the body of a specified person such as an undercover officer.
NSW to commission report on surrogacy laws
Issued: Thursday 31 July 2008
NSW Attorney General John Hatzistergos today announced he has commissioned an in-depth review of surrogacy laws in light of a proposed national model.
Mr Hatzistergos said the potential for uniform surrogacy laws throughout the country was examined by the Standing Committee of Attorneys General (SCAG) meeting last week.
“SCAG, together with the Ministerial Councils for Community Services and Health, is working on a consultation paper proposing a national model for altruistic surrogacy laws,” Mr Hatzistergos said.
“It is anticipated to be released in the near future.”
“I will now be asking the NSW Legislative Council Standing Committee on Law and Justice to conduct a full review and report on the issues and this process will allow stakeholders to contribute their thoughts.”
“Laws in different States and Territories are complex and inconsistent, often forcing prospective parents to cross state lines to have children via surrogacy. NSW law bans commercial surrogacy but leaves altruistic surrogacy unregulated.”
“This is an extremely sensitive area, requiring some difficult moral and ethical issues to be resolved.”
“In any new surrogacy law it is important that the first and foremost consideration should be the interests of the child,” he said.
The terms of reference for the Standing Committee include:
- Whether the intended parents and surrogate mother should have to meet any criteria before entering into a surrogacy arrangement;
- The legislative amendments needed to clarify the legal status of the child;
- The rights of a surrogate child to access information about their genetic parentage; and
- What role the government should play in regulating surrogacy arrangements.
“Another important issue that needs to be considered is whether surrogate mothers should receive reimbursement for reasonable expenses from the commissioning parents, such as hospital fees and medical costs, even though commercial surrogacy will not be allowed,” said Mr Hatzistergos.
Some of the most pressing issues in this area include the content of birth certificates, surrogacy for same sex couples and how to deal with situations where the surrogate mother does not wish to relinquish the child.
Other states have already undertaken reviews of their surrogacy laws, including current inquiries by Committees of the Tasmanian and Queensland Parliaments, inquiries into Bills presented to the Western Australian Parliament in 2007 and the South Australian Parliament in 2006, and the Victorian Law Reform Commission’s Report on Assisted Reproductive Technology and Adoption (June 2007) which deals with surrogacy in the context of ART.
Terms of Reference
Whether NSW legislation requires amendment to better deal with altruistic surrogacy and related matters and in particular:
1. What role, if any, should the NSW Government play in regulating altruistic surrogacy arrangements in NSW?
2. What criteria, if any, should the intended parent/s and/or birth parent/s have to meet before entering into an altruistic surrogacy arrangement?
3. What legal rights and responsibilities should be imposed upon the intended parent/s and/or birth parent/s?
4. What role should a genetic relationship between the child and the intended parent/s and/or birth parent/s play in any altruistic surrogacy arrangement?
5. What legislative amendments should be made to clarify the legal status of any child born of such an arrangement?
6. What rights should a child born through an altruistic surrogacy arrangement have to access information relating to his or her genetic parentage? Who should hold this information?
7. The efficacy of surrogacy legislation in other jurisdictions and the possibility and desirability of working towards national consistency in legislation dealing with surrogacy.
8. The interplay between existing State and Federal legislation as it affects all individuals involved in, and affected by, surrogacy.
9. Any other relevant matter relating to surrogacy.
First female solicitor appointed directly to the Supreme Court
Issued: Monday 4 August 2008
NSW Attorney General John Hatzistergos today announced he would recommend to Her Excellency the Governor the appointment of distinguished solicitor Julie Ward to the bench of the Supreme Court of NSW.
Julie Ward is the State’s first female solicitor to be appointed directly to the NSW Supreme Court.
“Ms Ward has experience in a range of commercial litigation and arbitration and has acted in matters in most Australian states as well as Hong Kong,” Mr Hatzistergos said.
“She is an accomplished mediator and has worked extensively in alternative dispute resolution.”
Ms Ward won the prestigious University Medal in Law at Sydney University in 1982 and was admitted as a solicitor in the same year. One of her first professional roles was as the associate to the late Sir Nigel Bowen, the then Chief Judge of the Federal Court.
Ms Ward received first class honours at the University of Oxford in 1986 and two years later became the youngest partner ever appointed at law firm, Mallesons Stephen Jaques. For the past five years, she has been Director of the PricewaterhouseCoopers Charitable Foundation.
Ms Ward will be sworn in as a Supreme Court Judge on 29 September 2008.
“I wish Ms Ward well and if her achievements in private practice are any guide, I am sure she will be a worthy addition to the Supreme Court,” Mr Hatzistergos said.
NSW to commission report on surrogacy laws
Issued: Thursday 31 July 2008
NSW Attorney General John Hatzistergos today announced he has commissioned an in-depth review of surrogacy laws in light of a proposed national model.
Mr Hatzistergos said the potential for uniform surrogacy laws throughout the country was examined by the Standing Committee of Attorneys General (SCAG) meeting last week.
“SCAG, together with the Ministerial Councils for Community Services and Health, is working on a consultation paper proposing a national model for altruistic surrogacy laws,” Mr Hatzistergos said.
“It is anticipated to be released in the near future.”
“I will now be asking the NSW Legislative Council Standing Committee on Law and Justice to conduct a full review and report on the issues and this process will allow stakeholders to contribute their thoughts.”
“Laws in different States and Territories are complex and inconsistent, often forcing prospective parents to cross state lines to have children via surrogacy. NSW law bans commercial surrogacy but leaves altruistic surrogacy unregulated.”
“This is an extremely sensitive area, requiring some difficult moral and ethical issues to be resolved.”
“In any new surrogacy law it is important that the first and foremost consideration should be the interests of the child,” he said.
The terms of reference for the Standing Committee include:
- Whether the intended parents and surrogate mother should have to meet any criteria before entering into a surrogacy arrangement
- The legislative amendments needed to clarify the legal status of the child
- The rights of a surrogate child to access information about their genetic parentage, and
- What role the government should play in regulating surrogacy arrangements.
“Another important issue that needs to be considered is whether surrogate mothers should receive reimbursement for reasonable expenses from the commissioning parents, such as hospital fees and medical costs, even though commercial surrogacy will not be allowed,” said Mr Hatzistergos.
Some of the most pressing issues in this area include the content of birth certificates, surrogacy for same sex couples and how to deal with situations where the surrogate mother does not wish to relinquish the child.
Other states have already undertaken reviews of their surrogacy laws, including current inquiries by Committees of the Tasmanian and Queensland Parliaments, inquiries into Bills presented to the Western Australian Parliament in 2007 and the South Australian Parliament in 2006, and the Victorian Law Reform Commission’s Report on Assisted Reproductive Technology and Adoption (June 2007) which deals with surrogacy in the context of ART.
NSW Attorney General announces start of Parramatta Court upgrade
Issued: Wednesday 30 July 2008
Parramatta’s reputation as one of the Australia’s most important legal centres will be strengthened by a $14 million courthouse upgrade, NSW Attorney General John Hatzistergos announced today.
“The Parramatta Courthouse, built in the 1970s, will be given a 21st Century makeover to bring it in line with the standards set by the courts in the neighbouring Parramatta Justice Precinct,” Mr Hatzistergos said.
“It’s due to the hard work of local MP Tanya Gadiel that Parramatta has been a focus for the Government’s court infrastructure program, delivering state of the art facilities, government services and an economic and employment boom to the local area.”
The revamped Parramatta Courthouse will comprise six local courtrooms, a drug court and a callover court.
The upgrade, which begins today, will deliver state-of-the-art videoconferencing facilities for bail hearings and remote witness testimony, additional areas for the legal profession to interview clients and will make prisoner movements more secure.
“The entire ground floor and all public areas will be refurbished, resulting in more comfortable facilities for court users and staff,” Mr Hatzistergos said.
Parramatta Courthouse will be closed during the upgrade with its services to be temporarily relocated to Parramatta Children’s Court, Sydney West Trial Courts and courthouses in Bankstown, Hornsby and Ryde. The upgrade is due to be completed by June next year.
Improvements to Parramatta Courthouse will include:
- Videoconferencing/remote witness facilities in five courtrooms
- four additional holding cells
- five new non-contact interview rooms
- enhanced disability access
- new prisoner transfer lifts and stairs
- a new roof
Earlier this year, the $330 million Parramatta Justice Precinct was completed on budget and ahead of schedule. The precinct features the largest children’s courthouse in NSW, a high security trial court complex and a new headquarters for the Attorney General’s Department.
“Western Sydney is growing faster than any other region in NSW and the Iemma Government is ensuring the area has the public facilities necessary to support its expansion,” Mr Hatzistergos said.
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.
Government welcomes BOCSAR report
Issued: Wednesday 21 May 2008
State Plan Priority R2: Reducing re-offending
A report released by the NSW Bureau of the Crime Statistics and Research will help the State Government reduce rates of re-offending amongst supervised offenders, the Attorney General and Minister for Justice John Hatzistergos said today.
The report, which examined recidivism rates amongst offenders placed on a supervised bond in 2000, highlights the importance of linking community supervision to programs and services that address the causes of crime.
“As part of the State Plan, the Government has made a commitment to reduce rates of re-offending by 10 per cent by 2016,” said Mr Hatzistergos.
“By adding to the evidence about what works in preventing re-offending, this report will help us to achieve our goal.”
Mr Hatzistergos said the report complemented international research suggesting that community supervision is most effective when combined with programs and services that address the underlying causes of criminal behaviour.
“This report looks at offenders who were placed on a supervised bond in 2000. Since this time, the Government has introduced a range of new initiatives to complement community supervision and reduce re-offending, including:
• The Sober Drivers Program, which targets repeat drink driving offenders;
• The Pathways to Employment, Education and Training (PEET) program;
• Appointing community-based psychologists for offenders who have a mental illness;
• Establishing Community Offender Support Program centres to help supervised offenders with accommodation needs.
“We’ve also made changes to ensure offenders are better supervised, including funding extra probation and parole officers and introducing a new crack team to undertake additional random home visits and random drug and alcohol testing.”
Mr Hatzistergos said the Department of Corrective Services would use the report’s findings to continue to review and improve its community supervision practices as part of the State Plan commitment to reduce rates of re-offending.
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 to face youth justice conferences where juveniles are confronted by their victims, their parents and police to determine punishment. Serious offenders face Children’s Court.
Rights for children of same sex female parents
Issued: Tuesday 22 April 2008
Children of female de-facto couples will be given equal rights and protections under new legislation to be introduced into NSW Parliament.
The Iemma Government will adopt a NSW Law Reform Commission recommendation to extend parenting rights to a mother’s de-facto lesbian partner.
Attorney General John Hatzistergos said the move would protect the rights of children in this situation who were conceived by artificial fertilisation.
“The protection of children is one of the cornerstones of our society,” said Mr Hatzistergos. “This new law will grant equal rights to children living in domestic situations where mothers are in same sex de-facto relationships.”
The new law will bring NSW into line with Western Australia, the ACT and the Northern Territory. New Zealand and Canada also have similar laws.
Currently, under the Status of Children Act 1996, only heterosexual couples who have children through artificial fertilisation have parental presumptions.
“This will give children greater protections in, for example, an emergency health situation where a parent might be required to sign consent forms,” said Mr Hatzistergos. “Female de-facto parents will have a responsibility to protect and provide for their children, just like everyone else,” said Mr Hatzistergos.
He said having two parents recognized gave children equal rights to:
- Workers compensation and victim compensation payments where one or both parents are killed or injured.
- Inheritance of both of the parents’ assets.
- Recognition of both parents by school authorities.
- Improving access to guardianship orders for elderly parents.
On top of the new parenting laws, the Iemma Government will reform almost 50 other laws that extend equal rights and obligations to de-facto couples.
As part of the reform process, the Iemma Government will update anti-discrimination laws to address possible discrimination based on a person’s domestic status.
The new laws were recommended by the Law Reform Commission which consulted widely with stakeholders. They will be introduced to Parliament in coming months.
The laws do not address complex reforms on same sex adoption and surrogacy – which are being dealt with by ministerial councils on health, community services and attorneys general.
Download the fact sheet Law Reform Commission Relationships Report.
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Victims to get their say in Children’s Court
Issued: Saturday 12 April 2008
Victim impact statements will be introduced to the Children’s Court for the first time, said Attorney General John Hatzistergos.
He said that victims of juvenile crime will be able to confront young offenders in court and describe how they’ve been traumatised.
“Giving victims the opportunity to formally express themselves in court will help heal the wounds left behind by crime,” Mr Hatzistergos said.
Mr Hatzistergos said young offenders should be made to hear the consequences of their actions.
“They must be forced to face up to what they’ve done,” said Mr Hatzistergos.
Mr Hatzistergos said the changes would build on the Government’s commitment to make criminal offenders take responsibility for their behaviour.
Impact statements are strongly supported by victims of crime and are already used in the NSW Supreme, District and Local Courts.
“The use of victims’ statements in the adult jurisdiction has enabled courts to more fully appreciate the impact of crime on victims,” said Mr Hatzistergos.
“Victims groups have urged me to extend their application to the Children’s Court.”
Low level young offenders can already be forced to face their victims in the presence of police and their parents as part of Youth Justice Conferencing.
Mr Hatzistergos said legislation would be introduced into NSW Parliament in coming months to allow victims to have their say in the court.
He said the legislation would also double the maximum amount that the Children’s Court can order offenders to pay their victims in compensation from $1,100 to $2,200.
The Court imposed 142 Compensation Orders on juveniles last year.
New code of conduct targeting rogue JPs
Wednesday, April 9 2008
A strict new code of conduct for Justices of the Peace will be drawn up after legislation was today introduced in the NSW Parliament, said Attorney General John Hatzistergos.
Under the legislation, Justices of the Peace can be struck off if they fail to follow the code.
“Recent reports have seen a number of JPs exploiting their office for personal gain and demonstrating a lack of integrity in the performance of their duties,” Mr Hatzistergos said.
“While most JPs are upstanding citizens, it is important that their reputations are not being besmirched by those who engage in misconduct.
“Since January 2007, more than 20 JPs have been stripped of their office for illegal actions, dishonest conduct or bankruptcy,” he said.
Mr Hatzistergos said the code would apply to the some 84,000 currently registered JPs and would come into force by July.
Mr Hatzistergos said breaches of the code could result in JPs being removed from office, and would cover:
· 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, and
· Guidelines relating to the general conduct of JPs.
“Some 90 JPs have been warned since the beginning of last year for not following correct procedures when certifying statutory declarations or certifying documents,” Mr Hatzistergos said.
New Supreme Court judge announced
Issued: Wednesday April 9 2008
NSW Attorney General John Hatzistergos today announced the appointment of Judge Nigel Rein, SC, to the bench of the Supreme Court of NSW.
“Judge Rein has served with distinction as an Acting Judge of the Supreme Court on various occasions over the past three years,” Mr Hatzistergos said.
”I am delighted that he will join the court on a full-time basis next month.”
Since being admitted as a Solicitor in 1977, Judge Rein has worked for law firms in Sydney and Haifa, Israel. After being called to the Bar in 1984, he specialised in the areas of insurance, professional liability, building and construction law, general commercial litigation and maritime law.
Judge Rein was appointed a Judge of the District Court of NSW in 2002 and is also a Deputy Chairperson of the Medical Tribunal.
“The Supreme Court will benefit from the experience Judge Rein has to offer,” Mr Hatzistergos said.
Governor Marie Bashir approved the appointment of Judge Rein earlier today. The appointment will commence on 5 May 2008.
Attorney General launches program for Seniors
Issued: Tuesday April 8 2008
Marking the beginning of Seniors Week, Attorney General John Hatzistergos yesterday (Monday) launched a new legal program for older people.
“Older people in NSW don’t always know where to turn if they have a legal problem and often can’t afford to hire a lawyer,” said Mr Hatzistergos.
“This new program will provide free legal advice, advocacy and community legal education to older people.”
The Older Persons Legal and Education Program will:
- Provide advice, minor assistance and advocacy to older people;
- Deliver general, community and professional legal education about older persons’ issues;
- Build the capacity of the community and legal aid sectors to respond to the legal needs of older people.
Mr Hatzistergos said that the program will concentrate on issues including housing, consumer law, age discrimination and social security.
He said the program was made possible by a $300,000 grant to Legal Aid NSW by the Aged-Care Rights Service.
Lawyers from the program will be travelling around NSW to conduct advice clinics.
To use the service seniors located in Sydney should call 9281 3600 and seniors in rural and regional areas should call 1800 424079.
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 offence in NSW for the first time.
Those found guilty of spiking will face the prospect of up to two years jail and a fine of up to $11,000.
New sex laws for people with disabilities
Released: Friday 21 March 2008
People who have had a stroke or have Alzheimers will be better protected from sexual predators under tough new laws, said NSW Attorney General John Hatzistergos.
The new laws will use the term “cognitively impaired” rather than “intellectually disabled,” so many more people who are vulnerable to being manipulated into have sex because of their condition will be protected.
“Taking advantage of a cognitively impaired person for sexual gratification is absolutely despicable,” said Mr Hatzistergos.
“With the introduction of these laws we are protecting a broader group of people with disabilities who are vulnerable to the vile predators who prey on them.”
The new laws will also expand and updates the definition of “carer” of cognitively impaired people beyond traditional health care worker to now include friends, relatives and neighbours.
Mr Hatzistergos said carers were held to a higher standard than other members of the public so should be subject to harsher penalties. The penalty for having sex with a cognitively impaired person is 10 and eight years respectively for carers and other public in general.
“With the increase in number and types of carers in the community, it is important that friends, relatives and neighbours are punished the same way as health care worker who have sex with their patients,” said Mr Hatzistergos.
Attorney General visits troubled Aboriginal boys in State’s south-west
Released: Wednesday 19 March 2008
On the eve of a visit to a program for troubled Aboriginal boys in south western NSW, State Attorney General John Hatzistergos praised the program for showing results.
Mr Hatzistergos will travel to the Tirkandi Inaburra Cultural and Development Centre tomorrow (Thursday), at Coleambally, along with Aboriginal Affairs Minister Paul Lynch and local Upper House member Tony Catanzariti.
Mr Hatzistergos said boys aged 12 to 15 years-old attended Tirkandi Inaburra for three to six months on a voluntary basis to undertake education and vocational training.
So far, 38 of the 39 graduates of the programme had either completed their studies, gained employment or were actively seeking a job.
“One graduate has been selected for an NRL training squad, another has become an apprentice brick layer and two others are making names for themselves in the performing arts industry,” said Mr Hatzistergos.
“This is no small feat when you consider many of the boys have faced significant disadvantages in life and overcome a range of obstacles.”
Mr Hatzistergos said the program, located on a 780-hectare property, strengthens self esteem and resilience and teaches the boys to take responsibility for their actions.
Event Details
What: Attorney General John Hatzistergos, Aboriginal Affairs Minister Paul Lynch and Upper House member Tony Catanzariti to visit Tirkandi Inaburra
When: March 20, 2008, 10am –12 noon
Where: Lot 84 Kidman Way, Coleambally, NSW
Attorney announces Court of Appeal President
Released: Wednesday 19 March 2008
NSW Attorney General John Hatzistergos today announced the Government had decided to recommend to her Excellency the Governor the appointment of Justice James Allsop as the President of the NSW Court of Appeal.
Justice Allsop is currently a judge of the Federal Court of Australia and will take up duties on a date to be determined, after current President Justice Mason retires in May this year.
“Justice Allsop is one of the nation’s most esteemed judicial officers,” Mr Hatzistergos said, “He has had a distinguished career both on the bench and at the bar. I am delighted he has agreed to join the State’s judiciary.”
Justice Allsop was appointed a Senior Counsel in NSW in 1994 and a Queen’s Counsel in Western Australia in 1998. He was admitted to the NSW Bar in 1981 after graduating from the University of Sydney where he was awarded the University Medal for Law.
Since his appointment to the Federal Court in 2001, Justice Allsop presided over cases involving administrative law, company law, intellectual property, trade practices, as well as tax and maritime law.
Justice Allsop is an adjunct professor at the University of Sydney and at the Australian Maritime College in Launceston.
Stopping small time criminals reoffending
Issued: Friday 7 March 2008
Criminal defendants who come before the Local Court in NSW will be directed to a radical new recidivism program which focuses on the causes of crime, said NSW Attorney General John Hatzistergos.
Under the planned Court Referral of Eligible Defendants Into Treatment (CREDIT) program, at risk re-offenders will undergo case management and be referred to social services.
A computer-based screening process, developed by the Bureau of Crime Statistics and Research will identify criminal defendants who are at high risk of re-offending.
The process uses information about a defendant, such as age, offence, gender and prior criminal record, and is able to predict the likelihood of an individual re-offending with a high degree of accuracy.
Defendants who are identified as being at a high risk of re-offending will be invited to voluntarily participate in the program.
A face-to-face interview will then be held to pinpoint the causes of the individual’s criminal behaviour and determine if they are suitable for ongoing participation in CREDIT, which will be trialled at two locations before being rolled out across NSW.
Defendants who refuse the opportunity to participate voluntarily can, if later found guilty, be ordered by the court to take part in the program.
“The Iemma Government has an impressive record when it comes to getting tough on crime,” said Mr Hatzistergos. “Now we are taking the next step and are getting tough on the causes of crime.
“Studies show that focusing on problems such as drug, alcohol and gambling addiction, mental illness, unemployment and homelessness is the most effective way to stop small timers graduating into hardened criminals.”
As part of the program, a working group of agencies would be set up to ensure participants don’t all fall through the cracks, Mr Hatzistergos said.
He added that participation in CREDIT was not an admission of guilt or punishment, but could be considered favourably by the court when it came to sentencing.
Mr Hatzistergos said the plan was a key initiative in the Government’s State Plan commitment of reducing re-offending by 10% by 2016.
Ken Moroney and Martha Jabour to join Judicial Commission as community representatives
Released: Monday 3 March 2008
Ken Moroney, former NSW Police Commissioner, and Martha Jabour, Executive Director of the NSW Homicides Victims Support Group, will be appointed as community representatives to the Judicial Commission of NSW to hear complaints about judicial officers.
“Ken Moroney and Martha Jabour are highly respected figures in the law and order establishment, and the community in general,” said NSW Attorney General John Hatzistergos.
“Together they bring decades of experience to the Judicial Commission and will help ensure it continues to carry out its works with the utmost integrity and professionalism.”
Mr Moroney and Ms Jabour will take up the newly created positions of community representatives on the commission’s Conduct Division. The division investigates complaints made to the commission about matters concerning the ability or behaviour of judicial officers.
Previously, the division was made up of a panel of two serving judicial officers and a retired judicial officer. The position of the community representative will replace one of the serving judicial officer positions.
A new panel is set up for each complaint referred by the commission. Either Mr Moroney or Ms Jabour will sit on the panels as their schedules allow.
“These appointments will strengthen public confidence in the process for dealing with complaints relating to judicial officers, and in our legal system,” said Mr Hatzistergos.
The appointments of Mr Moroney and Ms Jabour will be approved by the NSW Parliament, as will be the practice for future community representatives chosen for the commission.
To ensure a different perspective was brought to bear on judicial misconduct matters, people who are legally qualified or serving members of the Judicial Commission will not be eligible for the position of community representative.
Crackdown on rogue JPs
Released: Sunday 17 February 2008
Misbehaving Justices of the Peace could face being struck off under plans to introduce a code of conduct for their office, Attorney General John Hatzistergos said today.
Mr Hatzistergos said the code would apply to the 84,000 currently registered JPs and would come into force in the first half of this year.
“Recent reports have seen a number of JP’s exploiting their office for personal gain and demonstrating a lack of integrity in the performance of their duties,” Mr Hatzistergos said.
“While most JPs are upstanding citizens, it is important that their reputations are not being besmirched by those who engage in misconduct.
“Over the last two years, 22 JP’s have been stripped of their office for illegal actions, dishonest conduct or bankruptcy,” he said.
Mr Hatzistergos said breaches of the code could result in JPs being removed from office, and would cover:
- 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, and
- Guidelines relating to the general conduct of JPs.
“Over the last twelve months, 90 JPs have come to attention for not following correct procedures when certifying statutory declarations or certifying documents,” Mr Hatzistergos said.
Mr Hatzistergos said the code of conduct could also include a simplified JP handbook and fact sheets for JPs and members of the public.
$64 million paid out in victims compensation
Released: Wednesday 13 February 2008
Victims of violent crime received $64 million in compensation over the 2006-07 financial year, Attorney General and Minister for Justice John Hatzistergos said today.
Mr Hatzistergos said the average payment to victims was up by almost $2,000 last year, with victims receiving an average of almost $13,000.
“This increase in payments is due to changes making it easier for victims to seek compensation from injury, especially victims of sexual assault,” Mr Hatzistergos said.
“During last year, 853 victims of sexual assault received compensation, with almost $24 million going to victims of this type of offence alone.
“For victims of domestic violence, $6.5 million was paid out to 813 victims who received injuries from these particularly disturbing crimes,” he said.
Mr Hatzistergos also said that 4,767 individuals were provided with counselling following being a victim of a violent crime.
“28,000 hours of counselling was funded for victims, with over 330 approved counsellors used to provide this service,” Mr Hatzistergos said.
“An additional 22,000 hours was also provided for victims to use if they wished for additional counselling now or in the future.
“Calls to the 24 hour victims support line also increased, with 38,000 calls made to the hotline over the financial year,” he said.
Criminals were forced to return over $3.5 million in restitution during 2006-07, Mr Hatzistergos said.
“Over 3,500 criminals are now forced to pay by direct debit arrangements, so every week they are paying for the costs of committing their crimes,” he said.
Australia’s most secure courts open in Western Sydney
Issued: Wednesday 20 February by the Premier of NSW
Premier Morris Iemma will today open the most secure court complex in Australia’s history with the $92.5 million Sydney West Trial Courts ready for business.
Mr Iemma said the 10-court facility would host some of the most high profile and contentious cases ever heard in Australia.
“Make no mistake – this is the Fort Knox of Australian courts,” Mr Iemma said.
“The courts are protected by the Security Operations Centre, which acts as a sentinel over the tightly controlled movement of defendants between the cells, courts and transports.
“With over 500 closed circuit cameras in the precinct, no movement escapes the watchful eye of law enforcement agencies.
“The complex has been deliberately designed to ‘sterilise’ movement around the facility so high risk defendants are never able to be seen by members of the public, except when behind a shatterproof dock.
“The courts were completed seven months ahead of schedule.”
Mr Iemma said additional security measures would also be “stepped-up” during high profile cases, along with airport style security, x-ray machines and walk-through metal detectors.
Attorney General John Hatzistergos said the Trial Courts would be able to accommodate additional jurors in lengthy matters.
“The Iemma Government recently changed the law to allow up to 15 jurors to sit on long and complex trials to reduce the risk of a mistrial if a juror falls ill or is discharged,” Mr Hatzistergos said.
Mr Iemma said the Sydney West Trial Courts were the final piece in the $330 million Parramatta Justice Precinct.
“This massive investment represents the Iemma Government’s commitment to driving economic growth in Parramatta and Western Sydney,” Mr Iemma said.
“This is one part of the Government’s 25-year vision for a new, bigger, revitalised Parramatta as Sydney’s second CBD.
“The relocation of the Attorney General’s Department to the Parramatta Justice Precinct has brought additional services to Western Sydney and generated job growth and joins a number of Government agencies moving head offices to the area.
“The Government estimates that the Parramatta City Centre Local Environment Plan will generate 30,000 new jobs in the city centre - making Parramatta a more attractive place to live.
“I’d like to pay tribute to the Minister for Western Sydney, Barbara Perry and Member for Parramatta Tanya Gadiel for ensuring that Parramatta’s voice is heard in State Parliament.
“Both Ms Perry and Ms Gadiel have championed this project and other measures to drive jobs growth and prosperity in Parramatta and the wider Western-Sydney area.”
Mr Iemma said as well as Parramatta, the Iemma Government’s Metropolitan Strategy identifies five other cities - Penrith, Liverpool, Wollongong, Newcastle and Gosford - as key centres for future employment growth.
“We want people to have jobs closer to home so they spend less time travelling, have more family and leisure time and a better lifestyle.”
Online court hearings save time and money
Issued: 3 February 2008
Forget courtrooms, horsehair wigs and gavels. The NSW justice system has joined the computer age as some court hearings will now be held online, said NSW Attorney General John Hatzistergos.
Mr Hatzistergos said JusticeLink, a $48 million groundbreaking computer system that will include live procedural hearings on the internet, will be rolled out to all NSW courts by 2009.
Prosecutors and defence lawyers will have the ability to log into a bulletin board, where they will type their arguments. The judge will be alerted to their post by email and be able to log in and make determinations in real time.
“While the time-honoured traditions of our legal system will remain intact, JusticeLink will streamline the process, saving millions of dollars in costs and countless hours spent in the courtroom,” said Mr Hatzistergos.
JusticeLink has been successfully trialled in the NSW Supreme Court and will be rolled out to the District Court on February 11. Within 12 months, the computer system is expected to be operating in every criminal and civil court in NSW, including 160 Local Courts.
“JusticeLink is the first multi-jurisdictional court computer system in the world,” said Mr Hatzistergos.
Mr Hatzistergos said that trials and committal hearings would still be heard in courtrooms, but that JusticeLink would cut out the need for simple procedural matters that traditionally required parties to be in court.
In the NSW Supreme Court 167 electronic hearings have already been held on civil matters.
Mr Hatzistergos said JusticeLink will also be used by law firms to “e-file” motions and evidence, enabling all the parties to proceedings to pull up information at the touch of a button. So far, nine law firms are using e-filing and have uploaded 11,500 documents.
“Document trolleys and ring binders will be replaced by laptops and CDs as thousands of pages will now be stored as soft copies,” he said.
Police, the DPP and the Corrective Services Department will be able to log in and coordinate on matters such as bail and court appearance for prisoners.
Newcastle Justice Precinct study
Released: 31 January 2008
Efforts to develop a Justice Precinct in Newcastle have received a boost with a feasibility study into options for the project, including a public-private partnership, Attorney General John Hatzistergos said today.
Mr Hatzistergos said the study would take around two months and was welcomed by local MP, Jodi McKay.
“This study will examine development options for a project that could range between $35 and $100 million and include both Commonwealth and State courts,” Mr Hatzistergos said.
“Consideration of a public-private model could also mean examining options for co-locating legal firms, Government services and other agencies in a precinct in inner Newcastle.
“It is important to recognise the leadership of Jodi McKay in being a vocal advocate for the need for a new Court complex in Newcastle.
Mr Hatzistergos said the feasibility study into how legal services would examine how legal services could best be delivered in the region and would also involve discussions with the Commonwealth.
“This study will take into account local ideas such as those proposed by the Newcastle City Council,” Mr Hatzistergos said.
“I am advised that the Commonwealth has expressed a keen interest in having a joint State and Commonwealth complex,” he said.
Mr Hatzistergos said that over the last five years the Iemma Government had spent an average of $225,000 in maintenance and $400,000 in improvements at the current Courthouse each year.
“This money has included structural repairs of the existing heritage building, upgrades of the air-conditioning system and refurbishment of amenities,” he said.
NSW Courts lead Australia
Released: 31 January 2008
NSW Attorney General John Hatzistergos said the Government’s investment in court services had paid off, with the State’s courts ranked first in Australia in many key categories in the 2008 Report on Government Services.
The report, by the Productivity Commission found the NSW Local, Children’s and District Courts were leading the nation in the timely finalisation of criminal cases.
“NSW Local Courts, which handle more than 90 per cent of the State’s court cases, have maintained the lowest criminal case backlog in Australia for five consecutive years,” Mr Hatzistergos said.
The report, based on the performance of courts in 2006/07, also found:
NSW courts had a clearance rate close to or above 100%
The NSW District Court had no civil appeal cases older than 12 months
The NSW Supreme Court reduced by more than two-thirds its percentage of criminal cases older than 12 months
The NSW Coroner’s Court cut by 13 per cent its backlog of cases older than 12 months.
“These results are due to the hard work of court staff and the NSW Government’s massive investment in the facilities they use,” Mr Hatzistergos said.
“Over the past two years, the government has built new courthouses at Mt Druitt, Bankstown, Broadmeadow and an additional courtroom at Blacktown.
“The $330 million Parramatta Justice Precinct is nearing completion, with the State’s largest Children’s Court already operating and a highly secure trial court complex to open at the precinct in February
“The Government is also continuing to install Audio Visual Link systems in courts across NSW, enabling defendants to make bail applications from jail and expert witnesses to testify from external locations,” he said.
Lawyer fees to be capped in will disputes
Released: 27 January 2008
Legal fees for cases involving disputes over wills are to be capped to stop lawyers wiping out estates with excessive charges, said NSW Attorney General John Hatzistergos.
Mr Hatzistergos said legal costs in family will disputes routinely ran into tens or hundreds of thousands of dollars.
“Costs can wipe out a huge chunk of a deceased person’s will leaving family members and dependents with virtually nothing,” he said.
Mr Hatzistergos said the reforms could include:
Setting a sliding scale of the maximum amount of costs that could be awarded in disputes over wills. The scale could take into account factors such as the size of the estate and the number of claimants;
Setting out guidelines about the maximum amount of costs that can be paid out of estates.
Mr Hatzistergos said the reforms were being examined in consultation with the Bar Association and the NSW Law Society, and were part of wider move to unify state and territory laws governing wills.
Mr Hatzistergos said that in one infamous 2005 case, known as Sherborne Estate, the legal costs for three adult children combined were $605,000 – which the judge said was more money than the children had hoped to get from the will.
The case was so outrageous the judge described it as a ‘dark stain on the administration of justice’ and compared it to the Charles Dickens’ novel Bleak House, said Mr Hatzistergos.
He said that in another case involving three infant children the bill came to $171,000 when a dispute about their deceased father’s estate dragged out because of animosity between the children’s mother and the father’s defacto wife.
Mr Hatzistergos said he had been advised that the Supreme Court had said that some lawyers were billing their clients more than $30,000 for simple one day cases, while more complex cases regularly attracted fees of more than $100,000.
Mr Hatzistergos said the reforms will not only cut down on excessive legal fees but also encouraged lawyers to settle disputes out of court.
Review into sentence discounts
Released: 10 January
Sentence discounts and reduced sentences for guilty pleas are under review following a referral to the NSW Sentencing Council, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said that the review would examine issues relating to the principles governing reductions in sentencing and also:
Sentences served concurrently;
The effect of pleas for lesser offences;
Cases where a criminal pleads guilty to additional new offences at the last minute, and
The interaction of different factors regarding sentence discounts.
“While reduced sentences for guilty pleas have a part to play in the justice system, it is important they are applied consistently and in accordance with clear principles,” Mr Hatzistergos said.
“This review is in response to police and community expectations and concerns for greater accountability regarding sentence discounts,” he said.
Mr Hatzistergos said that he was particularly concerned that some discount principles overlap and when applied mechanically can lead to perceptions of greater leniency.
“For the public and police to have confidence in the justice system then it is important to see offenders being held accountable for their crimes and that any discounts have a legitimate public purpose,” Mr Hatzistergos said.
Mr Hatzistergos said that while individual sentences can be reviewed by an Appeal Court, it is important to ensure that the underlying principles are also examined.
The NSW Sentencing Council is chaired by Justice James Wood AO QC and has key victims groups as community representatives on the council.
Law Reform Commission report on jury selection
Released: 8 January 2008
The NSW Government will seek submissions after the release of a report by the NSW Law Reform Commission into jury selection, NSW Attorney General John Hatzistergos said today.
Mr Hatzistergos said the report was a major review with 74 recommendations which will need to be carefully considered, with a Government response to take account of public comment.
“The report has recommended that certain professions, such as emergency workers and health professionals should be able to be excused from jury service where good cause exists,” Mr Hatzistergos said.
“The report also recommends that lawyers, who are currently not allowed to serve on juries, be eligible to do so, except in limited cases.
“The impact of such a change on these professions will need to be thoroughly examined and the Government will seek submissions on these and other matters during the consultation process.
“Never the less, it is important to ensure where possible that jurors are as broadly representative as the community they serve,” he said.
The report also recommends that:
Judges be given the power to discharge a juror without discharging the entire jury;
Trials be allowed to continue after the removal or death of one or more jurors;
Employment protections be extended to permanent part time employees and independent contractors, and
People with the right to claim an exemption, including those aged over 70, pregnant women and people living more than 56 kilometres from a court should be considered for jury service on a case by case basis.
Mr Hatzistergos said a recommendation to empanel up to three additional jurors had already been introduced after new laws were recently passed by the NSW Parliament.
“The Law Reform Commission is also examining the directions given to juries by judges and my department is already reviewing the educational material given to jurors,” Mr Hatzistergos said.
Sentencing Council review into periodic detention
Issued: Monday 7 January 2008
Careful consideration will be given to recommendations outlined in the NSW Sentencing Council’s review of Periodic Detention, Attorney General and Minister for Justice John Hatzistergos said today.
Mr Hatzistergos said “all options” would be considered regarding the future of periodic detention.
“In particular, I will closely examine the option of replacing Periodic Detention with Community Corrections Orders as a way of forcing offenders to make changes to their lives that they will not make by themselves,” Mr Hatzistergos said.
“These would be custodial sentences that would be suspended conditionally upon compliance with the court orders.
“In some cases, offenders may be expected to comply with job search, work and rehabilitation requirements or face full-time detention.
“This may mean residing overnight in dedicated transitional centres while offenders get their life on track,” he said.
Mr Hatzistergos said the report’s recommendations had been endorsed by three key victims groups following concerns about the ongoing suitability and viability of Periodic Detention.
“The report raised concerns that Periodic Detention is for the most part only available as a sentencing option for the metropolitan area,” Mr Hatzistergos said.
“In addition, it does not challenge offender’s issues and perceptions regarding their offending behaviour,” he said
Mr Hatzistergos also said it was important to reassure community groups that work performed as part of Periodic Detention would continue as part of any new scheme.
“The works currently performed by detainees will still continue as part of any changes,” Mr Hatzistergos said.
Mr Hatzistergos said that NSW was the only state with periodic detention and schemes similar to Community Corrections Orders had been introduced in three other states.
New marriage facilities at Parramatta Justice Precinct
Issued: Friday 4 January 2008
The NSW Registry of Births, Deaths & Marriages will begin holding weddings at Parramatta on Monday, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos will today inspect the Registry’s new facilities at the Parramatta Justice Precinct Offices.
“Demand for the Registry’s wedding services has increased by 37 per cent over the past five years, with the Registry holding 3,314 weddings ceremonies in 2007,” Mr Hatzistergos said.
“Opening a new office at Parramatta enables the Registry to better serve Western Sydney which is one of the fastest growing areas in Australia.”
The Registry will hold wedding ceremonies in a custom-built marriage room and in a marriage garden overlooking the Parramatta River.
Mr Hatzistergos said the Registry offered an affordable and elegant option for wedding ceremonies.
“Planning a wedding is exciting for couples, but it can also be stressful, time-consuming and costly,” Mr Hatzistergos said.
“The Registry ensures all legal requirements, including registration of marriages, are looked after,” he said.
Twelve couples have already booked their wedding at the Registry in Parramatta.
The Justice Precinct Offices opened in November last year after being completed six months ahead of schedule. The building is the new headquarters of the Attorney General’s Department of NSW.
Rural alcohol program a major success
Issued: Friday 4 January 2008
A four-year pilot to reduce alcohol-related crime in rural areas has seen 72 per cent of participants complete a rigorous three-month program, NSW Attorney General John Hatzistergos said today.
“The NSW Government is committed to reducing alcohol-related crime in NSW. That’s why we held the ground-breaking Alcohol Summit in 2003 and have worked hard to implement its recommendations since that time,” Mr Hatzistergos said.
The Rural Alcohol Diversion (RAD) Pilot Program, conducted by local courts, was a key recommendation of the Alcohol Summit.
Under the RAD scheme, defendants on bail who have abuse or dependence problems with alcohol undertake specialist treatment and rehabilitation.
Magistrates refer eligible defendants for a comprehensive assessment and those who are suitable for the program receive treatment under a three-month, judicially supervised program as part of their bail conditions.
The RAD program was launched at Orange Local Court in December 2004 and was expanded to Bathurst Local Court area in April 2005.
Under the program:
- 265 defendants had been referred,
- 159 had been accepted,
- 116 had completed the program with 10 still enrolled,
- 40 per cent of participants are people of Aboriginal or Torres Strait Islander descent,
- $713,268 was spent on the program in the four years to June 2007, and
- $198,035 has been allocated to the program for 2007/08.
Mr Hatzistergos said he was pleased with the success of the program.
“The RAD pilot program is funded under the current four-year joint Commonwealth-State Illicit Drug Diversion Initiative Agreement.
“The Federal and NSW Governments will be working together over coming months to finalise the third IDDI Agreement, due to begin in July next year.
“This program also backs the Government’s commitments in the State Plan to tackle alcohol-related crime by involving the courts in diverting offenders to appropriate programs and reducing anti-social behaviour,” Mr Hatzistergos said.
Woollahra has designs on reducing crime
Issued: Wednesday 2 January 2008
NSW Attorney General John Hatzistergos today endorsed Woollahra Municipal Council’s plan to “design out” crime from its community.
The plan, which is now eligible for up to $150,000 funding from the NSW Government, will focus on creating safe public and private spaces.
“The design of a space can have a significant impact on crime rates. For example, offenders may be more reluctant to commit a crime in a tidy and well lit area as the risk of being seen would be greater,” Mr Hatzistergos said.
“Council will conduct safety audits to identify public areas that need to be modified to deter criminal and anti-social activity. It will also run campaigns encouraging residents and local businesses to adopt safe design measures for their properties.”
Mr Hatzistergos said reducing the community’s fear of crime would be another key priority of the council’s plan.
“Recent data shows crime rates are generally falling or stable in the Woollahra Local Government area. By engaging the community in its crime prevention strategies, the council’s will plan will encourage the community to report crime and take pride in the neighbourhood.”
Other objectives of the crime prevention plan include:
· Reducing alcohol related crime and encouraging safe drinking practices among young people
· Anti-graffiti strategies
· Raising awareness of domestic violence and abuse of elderly people
· Reducing theft from motor vehicles by discouraging people from leaving valuables on display.
The Woollahra crime prevention plan was developed in consultation with police and community groups. The NSW Government’s State Plan emphasises the importance of partnerships with local communities to develop crime prevention strategies at a grassroots level.
“Woollahra Council’s commitment to innovative crime prevention strategies dates back to 1988 when it established a Community Consultative Committee. I congratulate council on its continuing efforts to promote community safety,” Mr Hatzistergos said.
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