Lawlink NSW: Discussion Paper 39 (1997) - Review of Section 316 of the Crimes Act 1900 (NSW)

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Discussion Paper 39 (1997) - Review of Section 316 of the Crimes Act 1900 (NSW)

How to obtain a copy of this Discussion Paper.

History of this Reference (Digest)

Table of Contents

Terms of reference
Participants
Submissions
Summary of options for reform

1. INTRODUCTION
THE ISSUES
THE COMMISSION’S REFERENCE
THE STRUCTURE OF THIS PAPER

2. THE LAW IN NEW SOUTH WALES
HISTORY OF SECTION 316
SECTION 316
BASIS OF RULE
CONVICTIONS UNDER SECTION 316
Local Courts
Higher courts
RELATED OFFENCES
Hindering investigations
Interference with judicial officers, witnesses, jurors and police
Aiding and abetting, accessories

3. COMPARISON WITH OTHER JURISDICTIONS
ENGLAND
SOUTH AUSTRALIA
VICTORIA
QUEENSLAND, WESTERN AUSTRALIA AND NORTHERN TERRITORY
TASMANIA

4. REFORM OF SECTION 316
ARGUMENTS FOR RETAINING SECTION 316
ARGUMENTS FOR REFORM OF SECTION 316
Scope of s 316
Civil libertarian concerns
Effect of confidential relationships

Lawyer/client relationship

Law enforcement agencies/informers

Health care professionals, counsellors/patients

Researchers/subjects

Family and friends

Residential care facilities

Victims

Silence
OPTIONS FOR REFORM
Abolition
Define “reasonable excuse”
Requiring the consent of the Director of Public Prosecutions or Attorney General
Restricting offence to benefit situations
Amend definition of “serious offence”
Require intent
Penalty
CONCLUSION
PROPOSALS

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