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 Justice, Policy and Planning



Aboriginal Justice Advisory Council
Executive Officer: Marcia Ella-Duncan
    • Advises the Government on law and justice issues affecting Aboriginal people.
    • Develops proposals for change and monitors programs relating to the impact of the criminal justice system on Aboriginal people.

Bureau of Crime Statistics and Research
Director: Don Weatherburn
    • Provides policy makers and administrators with statistical information and research to help reduce crime and improve the NSW criminal justice system.
    • Provides information and advice to the public to promote more informed public debate about crime and criminal justice.

Crime Prevention Division
Director: Peter Homel
    • Provides the Government with advice on crime prevention policy and programs in NSW.
    • Coordinates efforts to reduce crime through the development and promotion of effective crime prevention strategies.
    • Implements the NSW Strategy To Reduce Violence Against Women through its Violence Against Women Specialist Unit.

Criminal Law Review Division
Director: Andrew Haesler
    • Provides advice and support to the Attorney General on criminal law.
    • Has responsibility for the Attorney General’s legislative program relating to the reform of criminal law and procedure.

Law Reform Commission
Director: Peter Hennessy
    • Conducts research and provides advice to the Attorney General on reforming the law in NSW.

Legislation and Policy Division
Director: Maureen Tangney
    • Advises the Attorney General, the Department and other Government Departments on legal policy, and legislative and procedural reform.
    • Provides the Attorney General with parliamentary support and maintains the management information systems which monitor the scheduling and progress of the Attorney’s legislative program.



Providing high quality advice to the Attorney General and Government

The agencies within our Justice, Policy and Planning program provide advice to the Attorney General and Government in their areas of specialisation.

The Legislation and Policy Division (LPD) developed 23 legislative proposals during 1998. Ten were passed in the Autumn session of Parliament and 13 in the Spring session. The LPD was closely involved with the Criminal Law Review Division in developing and implementing the new Drug Court. It provided legal policy advice on more than 160 Cabinet Minutes from all portfolios and played an active role in supporting the Standing Committee of Attorneys General (SCAG), and the Ministerial Council for Corporations (MINCO).

The LPD also published the following:
    • Issues Paper and Report on the National Competition Policy Review of the Legal Profession Act 1987 (August and November 1998);
    • Attorney General’s Guidelines on Making Access Directions under Part 6 of the State Records Act 1998;
    • Report on the Review of the Financial Transaction Reports Act 1992 (December 1998); and
    • Report on the Statutory Review of the Charitable Trusts Act 1993 (April 1999).

The Criminal Law Review Division (CLRD) provided briefings and advice to the Attorney General and Government on issues relating to criminal law and was actively involved in preparations for the NSW Drug Summit. Its comprehensive program of law reform included the Drug Court Act 1998 which became operational in 1999. The Act established this court of unique jurisdiction to supervise and manage drug offenders out of crime through a combination of sanctions and rewards.

The CLRD also developed draft legislation in response to the Law Reform Commission’s recommendations on sentencing and participated in the development of a model criminal code for Australia to codify criminal law practices across Australia and make them more uniform.

The Bureau of Crime Statistics and Research (BOCSAR) conducts research with the aim of improving the operation of the criminal justice system. This year the BOCSAR conducted research on the following areas:
    • Juvenile offending – a self-reported survey on juvenile offending, showed a large number of secondary school students commit criminal offences but not very often;
    • Crime victimisation for international tourists – this study showed low victimisation rates for international tourists;
    • Risk factors for violence against women – this study found childhood physical abuse was a key predictor of being an adult victim of violence, while childhood sexual abuse was a key predictor of being an adult victim of sexual violence;
    • Recent trends in convictions and penalties in NSW higher and local courts – this analysis found conviction rates in NSW criminal courts are generally high and that the penalties imposed have not become less severe in recent years. It also found that the average length of a prison sentence has not changed since 1990; and
    • Treatment Programs for Adolescent Cannabis Use – this review of research evaluating cannabis treatment programs concluded that there are some treatment and prevention programs which could be effective crime control strategies.

The Aboriginal Justice Advisory Council (AJAC) provided advice to the Youth Justice Advisory Committee on improving the operation of the Young Offenders Act and Youth Justice Conferencing for Aboriginal people. AJAC also continued its involvement with the National Aboriginal Justice Advisory Committee, a national body reporting to the Standing Committee of Attorneys General (SCAG).

The Crime Prevention Division (CPD) provided secretariat support to a number of councils and committees, including the Premier’s Council on Crime Prevention (PCCP) and the Juvenile Crime Prevention Advisory Committee (JCPAC). The PCCP coordinates crime prevention initiatives by Government and community organisations in NSW and the JCPAC advises the Attorney General on policies and programs to assist in the reduction of juvenile crime.

The Violence Against Women Specialist Unit provided secretariat support to the NSW Council on Violence Against Women. The Council advises the Attorney General and Minister for Women.

The CPD chaired the Inter-Departmental Committee on Closed Circuit Television (CCTV) which was formed under the auspices of the Premier’s Council on Crime Prevention. The Committee aims to develop guidelines for using CCTV in public places by local government and public transport authorities. CCTV is increasingly being used as a crime prevention tool in public places.

The Law Reform Commission (LRC) published three reports during 1998/99, providing the Attorney General and Government with advice on how key areas of law may be amended to better meet the needs of the people of NSW. These reports are:
    • Report No 87. Review of Section 409B of the Crimes Act 1900.
        This report relates to the admissibility of evidence in criminal proceedings where the accused is charged with committing a sexual offence under section 409B of the Crimes Act. The provision operates to restrict the admissibility of evidence concerning the sexual experiences and reputation of the alleged victim.
    • Report No 88. Neighbour and Neighbour Relations.
        The Neighbour and Neighbour Relations report focuses on neighbour disputes caused by trees and noise. It recommends a number of changes, including the enactment of legislation which would provide a new, simple, inexpensive and accessible process in the Local Court for the resolution of disputes about trees. In relation to noise, the LRC reached the conclusion that the major concerns raised in its review are covered by the Protection of the Environment Operations Act 1997. The Act is likely to come into force in the latter half of 1999.
    • Report No 89. Contribution Between Persons Liable for the Same Damage.
        This report deals with the situation where a person suffers damage as a result of actions by two or more persons. It contains several recommendations to improve the certainty of this area of the law. Currently, the person may seek compensation from any one of the defendants, who, if found liable for the loss, may then seek contributions from other defendants who were also responsible for the damage.

The LRC also published the following consultation papers:
    • Review of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (Issues Paper 15); and
    • Review of the Disability Services Act 1993 (Issues Paper 16).



Reviewing and reforming the law to ensure it meets contemporary needs

The Legislation and Policy Division was involved in a number of significant legislative reforms, including:
    • Drug Court Act 1998. This Act established the Drug Court of NSW and provided for the referral of drug offenders to the Drug Court and for the supervision of drug rehabilitation programs by the Drug Court. This was developed jointly with the Criminal Law Review Division;
    • Property (Relationships) Legislation Amendment Act 1999. This Act gives people in same sex relationships and close personal relationships statutory rights concerning property redistribution and maintenance on relationship breakdown. It also reforms the law to ensure that same sex partners are not discriminated against in the operation of laws relating to the incapacity or death of a partner;
    • Victims Compensation Amendment Act No 134 of 1998. This Act amended the Victims Compensation Act 1996 in relation to the types of psychological injuries which will now be recognised for awarding victims compensation. It also provided powers to prevent offenders from engaging in schemes to avoid paying restitution;
    • Motor Accidents Amendment Act 1998. This Act revised procedures for dealing with claims for death or injury damages caused by the owner or driver of a motor vehicle, referring disputes about claims to conciliation and commencing of court proceedings in connection with claims;
    • Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998. This Act made a number of amendments to various legislation to give additional rights to victims of dust diseases when claiming compensation. The legislation was developed as a joint project with WorkCover. Among other things, the Act ensures the survival of dust diseases damages claims for estates of deceased workers, removes time limits on damages claims for dust diseases and extends the class of dependants entitled to compensation. It also enables the funding of dust disease victim support groups;
    • Privacy and Personal Information Protection Act 1998. This Act provides for protection of personal information held by public sector agencies and the protection of the privacy of individuals generally. It also provides for the appointment of a Privacy Commissioner and the repeal of the Privacy Committee Act 1975;
    • Evidence (Audio and Audio Visual Links) Act 1998. This Act facilitates giving and taking of evidence and submissions by video-link between NSW and other States and Territories;
    • Legal Profession Amendment Act 1998. This Act established a Public Purpose Fund from interest paid on balances held in solicitors general trust accounts. It also addressed concerns in the Auditor General’s Report, A Review of the Activities Funded by the Statutory Interest Account; and
    • Legal Profession Amendment (Practice of Foreign Law) Act 1998. This Act provided for the regulation of the practice of foreign law in NSW by foreign lawyers.

The Law Reform Commission is currently reviewing:
    • Section 316 of the Crimes Act 1900 which deals with the concealment of offences;
    • Interlocutory procedures in the Supreme Court and District Court, focussing in particular on discovery and interrogatories;
    • The law of set-off which provides a mechanism for parties to discharge mutual debts;
    • Uniform succession laws (this project which represents a combined States and Territories initiative, is seeking to produce draft uniform succession laws);
    • Listening Devices Act 1984 and the use of video surveillance in public places;
    • The law relating to third party guarantees;
    • Contempt by publication; and
    • The right to silence.


Improving the operation and coordination of the NSW justice system

The Aboriginal Justice Advisory Council negotiated and coordinated a justice planning process between criminal justice agencies and the Bourke Aboriginal community to improve justice services to that community.

The Bureau of Crime Statistics & Research developed methods for measuring the degree of dispersion of crime across regions to determine the most appropriate areas for targeting law enforcement and crime prevention initiatives.

The Crime Prevention Division (CPD) provided more than 30 information, training or consultation events to government agencies, local councils and community organisations throughout NSW. These included a two-day workshop for local government project officers to establish Safer Towns and Cities projects, and participation in the Strengthening Rural Communities Forum held in Dubbo. The CPD also provided substantial support to the NSW Drug Summit.

Partnerships both across and between government and community based agencies were promoted under the NSW Strategy to Reduce Violence Against Women. These partnerships include:
    • Regional Reference Groups, consisting of government and community representatives which supported the development and implementation of regional projects and policy and the coordination of service delivery;
    • The NSW Council on Violence Against Women, consisting of government and community members which provided advice to both the Attorney General and the Minister for Women; and
    • The State Management Group, consisting of government representatives on the NSW Council on Violence Against Women. This group met to formulate inter-departmental policies and explore management issues associated with the strategy.

The Legislation and Policy Division was involved in the Committee on Intellectual Disability in the Criminal Justice System. The committee was finalising its report at the end of this reporting year on Procedures to Enhance the Giving of Evidence by People with an Intellectual Disability. Other projects included:
    • Reviewing and updating the Local Courts Procedure Manual;
    • Developing a pilot project for electronic lodgement of documents within the District Court;
    • Reviewing court fee structures; and
    • Supporting a strategic quality project to streamline civil litigation processes in the courts to develop uniform rules and procedures.


Providing a framework for effective crime prevention and diversionary programs

To improve access to crime prevention planning for Aboriginal communities, the Aboriginal Justice Advisory Council (AJAC) worked with the Crime Prevention Division (CPD) on a number of projects. These included representing the Juvenile Crime Prevention Advisory Committee, which provides advice to the Attorney General on juvenile crime prevention issues, and developing proposals for trialing alternative sentencing formats for Aboriginal defendants. AJAC started negotiations with the National Aboriginal Rugby League Association to undertake crime prevention planning for the annual Aboriginal Rugby League Knockout Carnival in Dubbo.

CPD assisted four local councils in the successful application of their local crime prevention plans to
be endorsed by the Attorney General as Safer Community Compacts. It also participated in local planning workshops at Moree, Ballina, Kempsey, Liverpool, Tumut and Byron Bay to assist with the preparation of local crime prevention plans for endorsement by the Attorney General.

The Strategy to Reduce Violence Against Women promoted three major approaches to reducing violence against women. These were: developing a partnership response to violence against all women; focusing on prevention; and developing a broad definition of violence against women.

The Action Plan for the Council on Violence Against Women and seventeen Regional Action Plans enabled the Strategy to Reduce Violence Against Women to successfully set a new direction in policy thinking and service delivery. It helped to improve the coordination of government and non-government responses to violence against women and improved links between the Government and community sectors.

CPD and the Department of Juvenile Justice funded a three year demonstration project of a mentoring program. The scheme targets young people who have received official cautions or are referred for a Youth Justice Conference. The program provides mentoring support to encourage these young people to play a more positive role in society and to avoid further contact with the criminal justice system.

The project is being conducted by the YWCA’s Big Sister/Big Brother program in two locations, Parramatta and Coffs Harbour/Clarence. The pilot project will be subject to an independent evaluation to determine the effectiveness of mentoring young offenders as a crime prevention strategy.


Consulting with and encouraging community participation in decisions affecting the justice system in NSW

The Aboriginal Justice Advisory Council researched behavioural needs of Aboriginal juveniles in detention in conjunction with the Collaborative Research Unit, Department of Juvenile Justice.

The Safer Communities Development Fund, which is administered by the Crime Prevention Division (CPD), provided more than $2.2 million in 1998/99 to establish a number of crime prevention initiatives. These included extending the Safer Towns and Cities Program to 10 new locations. The CPD also continued to support the Aboriginal Night Patrols project, which is operating in four locations.

CPD also assists councils to establish operational areas under the Children (Protection and Parental Responsibility) Act 1997. The Act gives police the power to remove young people from public places when they are at risk. The Orange operational area has been renewed and three new areas have been established in Ballina, Moree and Coonamble.

The NSW Council on Violence Against Women consulted widely with community agencies and key informants on intervention programs for violent men in domestic violence situations. An interim position paper and document summarising responses to this were distributed statewide.

The Violence Against Women Specialist Unit administers the Grants Program for Local Domestic Violence Committees. These committees are located throughout NSW and are involved in prevention work and improving service delivery to women and children experiencing domestic violence.

The Bureau of Crime Statistics and Research provides readily available data and its Crime and Justice Bulletins, which publish many of the Bureau’s research findings at no cost to the public. Copies of research, statistical reports and data requests which involve computer extractions of data are available for a fee. To improve community participation, the Bureau continued to develop its web site, providing summary statistical information on recorded crime and criminal court appearances.

The Law Reform Commission (LRC) continued its community law reform program which enables members of the community to put forward suggestions for law reform. LRC extensively consulted individuals and community groups on all of the projects it undertook. For example, as part of the review of the Disability Services Act, LRC conducted four seminars in Sydney, and three in the country locations of Wagga Wagga, Ballina and Maitland. LRC also advertised its review of disability legislation in several community newspapers and invited submissions to the review.

The policy, procedural, and legislative reform undertaken by the Legislation and Policy Division (LPD) requires close consultation with stakeholders and the wider community. The LPD widely consulted the community for its review of the National Competition Policy Review of the Legal Profession Act 1987. More than 30 submissions were received from consumers, legal practitioners, organisations representing the legal profession and organisations with an interest in the profession. The review, distributed electronically and by post, was the first of its kind in Australia.

The NSW Law Society, Bar Association of NSW and judiciary continued working with LPD through the strategic quality project on streamlining civil litigation processes in the courts. The LPD is also accepting submissions from the public on the Law Reform Commission’s Report Neighbour and Neighbour Relations and coordinating a response to that report.


The year ahead

The Aboriginal Justice Advisory Council (AJAC) will:
    • Coordinate and consolidate regional AJAC structure;
    • Assess the impact of legislation such as Young Offenders Act, Fines Act and Children (Care and Parental Responsibility) Act on Aboriginal communities:
    • Develop a discussion paper on Aboriginal customary law, focusing on community perspectives;
    • Develop sentencing alternatives and strategies for Aboriginal people; and
    • Identify priority needs for Aboriginal women in the justice system, advocating change where appropriate.

The Bureau of Crime Statistics and Research plans to complete research projects and studies in a number of areas, including:
    • Youth Justice Conferencing;
    • Court delay in the District Court; and
    • Factors affecting a heroin user’s decision to enter methadone treatment.

It will also complete a community survey on marketing of stolen goods, seeking information on how and where stolen goods are offered for sale to the community at large.

In the coming year the Crime Prevention Division will:
    • Report on demonstration projects from the National Crime Prevention report on the success of developmental early intervention programs for crime prevention;
    • Provide advice on actions from the recommendations of the NSW Drug Summit;
    • Finalise the Crime Prevention Plan and oversee its implementation to reduce or prevent crime in NSW, working with other Government agencies, non-Government organisations and the community;
    • Expand the Safer Towns and Cities project; and
    • Develop activities to engage Aboriginal and non English speaking background communities.

The Violence Against Women Specialist Unit will continue to implement the NSW Strategy to Reduce Violence Against Women. Priorities for the Unit, based on the findings of the current evaluation study, will be to:
    • Develop performance measures for ongoing monitoring and evaluation of the impact and outcomes of the Strategy to Reduce Violence Against Women; and
    • Conduct a community education campaign to increase and stimulate discussion on the unacceptability of violence against women among men who would not normally discuss this issue, encourage men to have a broader understanding of what violence against women is, and encourage men to understand the ramifications of violence and abuse.

The Law Reform Commission will complete reports on:
    • The Anti-Discrimination Act 1977;
    • The sentencing of Aboriginal offenders;
    • A review of section 316 of the Crimes Act 1900;
    • A review of the right to silence;
    • Aural and visual surveillance devices;
    • Uniform succession laws: family provision;
    • A review of the Disability Services Act 1993 and the Community Services (Complaints, Appeals and Monitoring) Act 1993; and
    • The law of set-off.

Legislation and Policy Division (LPD) will review a number of aspects of the Legal Profession Act 1987, including the regulation of solicitors’ mortgage practices, introduction of competition for practitioners’ insurance and solicitor incorporation.

The LPD will also:
    • Implement the recommendations of the NSW Law Reform Commission’s report on People with an Intellectual Disability and the Criminal Justice System;
    • Draft legislation to facilitate electronic commerce and provide for the authentication of digital signatures;
    • Amend the De Facto Relationships Act to recognise the property rights of parties to a range of domestic relationships;
    • Establish a legal framework for representative actions in NSW courts, based on Part IVA of the Federal Court Act; and
    • Develop proposals to merge further tribunals into the Administrative Decisions Tribunal (ADT), and to confer jurisdiction on the ADT with respect to surveyors, architects and revenue.

The Criminal Law Review Division will focus on ensuring criminal law practices in NSW respond effectively to the needs of NSW by:
    • Implementing the NSW Law Reform Commission Report on Intellectual Disability and the Criminal Law;
    • Implementing forensic procedure pre-trial defence disclosure legislation;
    • Reviewing terrorist and public order legislation;
    • Rationalising property law and fraud offences; and
    • Implementing new domestic violence legislation.

 

  
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information current as of: 26 November 2009