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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Courts Legislation Amendment Bill
2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
No 55 3
Schedule 2 Amendment of Commercial Arbitration Act 1984 No 160 4
Schedule 3 Amendment of Crimes (Local Courts Appeal and Review)
Act 2001 No 120 6
Schedule 4 Amendment of Crimes (Sentencing Procedure) Act 1999
No 92 8
Schedule 5 Amendment of Criminal Appeal Act 1912 No 16 10
Schedule 6 Amendment of Criminal Procedure Act 1986 No 209 13
Schedule 7 Amendment of District Court Act 1973 No 9 14
Schedule 8 Amendment of Jury Act 1977 No 18 23
Schedule 9 Amendment of Protected Estates Act 1983 No 179 24
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Courts Legislation Amendment Bill
2004
Act No , 2004
An Act to amend certain Acts with respect to courts and court procedures and
proceedings; to amend the Protected Estates Act 1983 with respect to the powers
of the Protective Commissioner; to amend the Commercial Arbitration Act 1984
by way of statute law revision; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Courts Legislation Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Courts Legislation Amendment Act 2004.
2 Commencement
(1) This Act commences on the date of assent, except as provided by
this section.
(2) Schedule 5, and section 3 in its application to that Schedule,
commences on a day or days to be appointed by proclamation.
3 Amendment of Acts
The Acts specified in Schedules 19 are amended as set out in those
Schedules.
Page 2
Courts Legislation Amendment Bill 2004
Amendment of Children (Criminal Proceedings) Act 1987 No 55 Schedule 1
Schedule 1 Amendment of Children (Criminal
Proceedings) Act 1987 No 55
(Section 3)
Section 33 Penalties
Omit section 33 (1A) (b). Insert instead:
(b) must contain a condition to the effect that, during the
term of the bond, the person under bond will be of good
behaviour, and
Page 3
Courts Legislation Amendment Bill 2004
Schedule 2 Amendment of Commercial Arbitration Act 1984 No 160
Schedule 2 Amendment of Commercial Arbitration
Act 1984 No 160
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
assess, in relation to costs, means assess under Division 6 of
Part 11 of the Legal Profession Act 1987.
[2] Section 34 Costs
Omit section 34 (1) (b). Insert instead:
(b) settle the amount (or any part of the amount) of costs to
be so paid, or arrange for the assessment of those costs
(or any part of them), and
[3] Section 34 (1) (c)
Omit "taxed". Insert instead "assessed".
[4] Section 34 (2)
Omit "shall, except so far as taxed or settled by the arbitrator or umpire,
be taxable in the Court".
Insert instead "are to be assessed (except to the extent that they have been
settled by the arbitrator or umpire)".
[5] Section 35 Assessment of arbitrator's or umpire's fees and
expenses
Omit "taxed in the Court" wherever occurring in section 35 (1) (b), (2) and
(4).
Insert instead "assessed".
[6] Section 35 (3)
Omit "appear and be heard on any taxation under this section".
Insert instead "make written submissions to the costs assessor in respect
of any assessment required by this section".
Page 4
Courts Legislation Amendment Bill 2004
Amendment of Commercial Arbitration Act 1984 No 160 Schedule 2
[7] Section 35 (4)
Omit "reasonable on taxation".
Insert instead "fair and reasonable on assessment".
[8] Section 35A
Insert after section 35:
35A Application of Division 6 of Part 11 of Legal Profession
Act 1987
For the purposes of sections 34 and 35, Division 6 of Part 11
of the Legal Profession Act 1987 applies with any necessary
modifications.
Page 5
Courts Legislation Amendment Bill 2004
Schedule 3 Amendment of Crimes (Local Courts Appeal and Review) Act 2001 No 120
Schedule 3 Amendment of Crimes (Local Courts
Appeal and Review) Act 2001 No 120
(Section 3)
[1] Section 11A
Insert after section 11:
11A Appeals as of right against Local Court's refusal of application
for annulment of conviction or sentence
(1) Any defendant whose application under section 4 for
annulment of a conviction or sentence has been refused by the
Local Court may appeal to the District Court against the
refusal.
(2) An appeal under this section must be made within 28 days
after the Local Court notifies the defendant of its refusal of the
application.
(3) Not more than one appeal may be made under this section in
respect of any particular conviction or sentence.
[2] Section 13 Late applications for leave to appeal
Insert after section 13 (1) (a):
(a1) by any defendant by whom an appeal could be made
under section 11A, but for section 11A (2), and
[3] Section 13 (2)
Insert ", or the relevant application under section 4 is refused, as the case
may require" after "made or imposed".
[4] Section 14 Lodgment of appeals and applications for leave to
appeal
Insert "or 11A" after "section 11" in section 14 (1).
[5] Section 14 (4)
Insert ", 11A" after "section 11".
Page 6
Courts Legislation Amendment Bill 2004
Amendment of Crimes (Local Courts Appeal and Review) Act 2001 No 120 Schedule 3
[6] Section 16A
Insert after section 16:
16A Determination of appeals against Local Court's refusal of
application for annulment of conviction or sentence
(1) The District Court may determine an application under
section 11A by dismissing the application or by granting it.
(2) Pending the determination of the application, the District
Court may stay the execution of the sentence concerned
subject to such terms and conditions as it thinks fit.
(3) If the District Court grants the application, the District Court
must remit the matter to the Local Court.
(4) The Local Court is to deal under section 9 with any matter
remitted to it under this section as if the application under
section 4 in respect of the matter had been granted by the
Local Court.
[7] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Courts Legislation Amendment Act 2004, but only in relation
to the amendments made to this Act
[8] Schedule 1
Insert at the end of the Schedule, with appropriate Part and clause
numbers:
Part Provision consequent on enactment of
Courts Legislation Amendment
Act 2004
Appeal against refusal of application under section 4
Sections 11A and 16A, as inserted by the Courts Legislation
Amendment Act 2004, and sections 13 and 14 as amended by
that Act, extend to apply to and in respect of an application
under section 4 that was refused by the Local Court before the
commencement of Schedule 3 to that Act, unless, on that
commencement, an appeal against the relevant conviction or
sentence is pending in the District Court or has been dealt
with by that Court.
Page 7
Courts Legislation Amendment Bill 2004
Schedule 4 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Schedule 4 Amendment of Crimes (Sentencing
Procedure) Act 1999 No 92
(Section 3)
[1] Section 32 Prosecutor may file list of additional charges
Omit section 32 (4) (a).
[2] Sections 62 and 73
Omit "in or to the effect of the form prescribed by the regulations and"
from section 62 (2) and 73 (2) wherever occurring.
[3] Sections 66 and 78
Omit", in the form prescribed by the regulations," from sections 66 (1) (f)
and 78 (1) (c) and (d) wherever occurring.
[4] Section 86 Suitability of offender for community service work
Omit section 86 (1) (e).
[5] Section 86 (5)
Insert after section 86 (4):
(5) If a court makes a community service order in respect of an
offender, the offender must, as soon as practicable (having
regard to sections 92 and 93) after the order is made, sign an
undertaking to comply with the offender's obligations under
the order. If the offender refuses to sign such an undertaking,
the offender may be brought before the court and the court
may revoke the community service order and impose such
other sentence as it considers appropriate.
[6] Section 103 Regulations
Insert at the end of section 103:
(2) In particular, the regulations may make provision for or with
respect to the following:
(a) the information or other matter to be contained in any
notice, order, warrant, undertaking or other document
that by or under this Act is required or permitted to be
prepared,
Page 8
Courts Legislation Amendment Bill 2004
Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 Schedule 4
(b) requiring any such document to be in a form approved
by the Minister,
(c) the manner of service of any such document.
[7] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Courts Legislation Amendment Act 2004 (but only to the
extent that it amends this Act)
[8] Schedule 2
Insert at the end of the Schedule, with appropriate Part and clause
numbers:
Part Provision consequent on enactment of
Courts Legislation Amendment Act 2004
Prescribed forms
A form to the effect of a form prescribed for the purpose of
section 32, 62, 66, 73 or 78 by a regulation in force
immediately before the commencement of Schedule 4 to the
Courts Legislation Amendment Act 2004 may be used for the
purpose of the relevant section until such time as regulations
are made under section 103 (2).
Page 9
Courts Legislation Amendment Bill 2004
Schedule 5 Amendment of Criminal Appeal Act 1912 No 16
Schedule 5 Amendment of Criminal Appeal Act 1912
No 16
(Section 3)
[1] Section 9 Revesting and restitution of property
Omit "giving the court" from section 9 (1) (a).
Insert instead "lodging".
[2] Section 9 (1) (b) and (4) (b)
Omit "given" wherever occurring. Insert instead "lodged".
[3] Section 9 (1) (b)
Omit "giving". Insert instead "lodgment".
[4] Section 10
Omit the section. Insert instead:
10 Method and time for making appeal
(1) The provisions of this section apply to an appeal, or
application for leave to appeal, under this Act against a
person's conviction or sentence.
(2) The appellant is required to lodge the relevant notice of
intention with:
(a) the registrar of the court, or
(b) the person in charge of the place where the appellant is
in custody, or
(c) the registrar of the court of trial (but not if the court of
trial was the Drug Court or the Land and Environment
Court).
(3) The relevant notice of intention:
(a) must comply with the rules of court, and
(b) must be lodged within 28 days after the relevant
conviction or the imposition of the relevant sentence (as
the case may require).
Page 10
Courts Legislation Amendment Bill 2004
Amendment of Criminal Appeal Act 1912 No 16 Schedule 5
(4) The court may, at any time, extend the time within which the
relevant notice of intention is required to be lodged or, if the
rules of court so permit, dispense with the requirement for the
notice.
(5) The appeal, or application for leave to appeal, is to be lodged
with the registrar of the court or the registrar of the court of
trial (unless that court was the Drug Court or the Land and
Environment Court) in accordance with the rules of court,
which may include:
(a) provision with respect to any statement of grounds of
appeal, transcripts, exhibits or other documents or
things to accompany the appeal or application, and
(b) provision with respect to the timely institution and
prosecution of the appeal or application, and
(c) provision with respect to the period during which the
relevant notice of intention has effect.
(6) For the purposes of any other Act or statutory instrument
(whether enacted or made before or after the commencement
of this subsection):
(a) the period provided for making or lodging an appeal or
notice of appeal to the court against a conviction or
sentence is taken to be the period for lodging the
relevant notice of intention with the registrar of the
court, the person in charge of the place where the
appellant is in custody or the registrar of the court of
trial, and
(b) an appeal against a conviction or sentence is taken to be
pending in the court if the relevant notice of intention
has been duly lodged with the registrar of the court, the
person in charge of the place where the appellant is in
custody or the registrar of the court of trial, unless the
appeal or application has not been made within any
time it is required to be made by the rules of court.
(7) In this clause:
relevant notice of intention means:
(a) a notice of intention to appeal, or
(b) a notice of intention to apply for leave to appeal.
Page 11
Courts Legislation Amendment Bill 2004
Schedule 5 Amendment of Criminal Appeal Act 1912 No 16
rules of court means rules of court made for the purposes of
this Act.
[5] Section 19 Duties of registrar with respect to notices of appeal
Omit section 19 (3). Insert instead:
(3) The registrar must furnish the necessary forms and
instructions in relation to notices of intention to appeal, or to
apply for leave to appeal, under this Act to the following:
(a) any person who demands them,
(b) officers of courts,
(c) persons in charge of places where convicted persons are
in custody,
(d) such other officers or persons as the registrar thinks fit.
(4) A person in charge of a place where convicted persons are in
custody must ensure that:
(a) the forms and instructions referred to in subsection (3)
are placed at the disposal of all such convicted persons
at that place, and
(b) any such notice that is given to the person is forwarded
to the registrar of the court.
[6] Schedule 1 Savings and transitional provisions
Insert after clause 8:
9 Courts Legislation Amendment Act 2004
(1) This Act, as amended by Schedule 5 to the Courts Legislation
Amendment Act 2004, applies in respect of any appeal made
after the commencement of that Schedule.
(2) Subclause (1) extends to apply in respect of an appeal in
respect of which a relevant notice of intention (within the
meaning of section 10) has been given before the
commencement of the Schedule referred to in that subclause,
but does not so apply as to require a further relevant notice of
intention to be lodged.
Page 12
Courts Legislation Amendment Bill 2004
Amendment of Criminal Procedure Act 1986 No 209 Schedule 6
Schedule 6 Amendment of Criminal Procedure
Act 1986 No 209
(Section 3)
[1] Section 52 Service of court attendance notices
Insert "of a Magistrate or a registrar" after "except with leave" in
section 52 (4).
[2] Section 52 (5)
Insert after section 52 (4):
(5) Leave may be granted under subsection (4) after the expiry of
the 7-day period referred to in that subsection.
[3] Section 177 Service of court attendance notices
Insert "of a Magistrate or a registrar" after "except with the leave" in
section 177 (4).
[4] Section 177 (5)
Insert after section 177 (4):
(5) Leave may be granted under subsection (4) after the expiry of
the 7-day period referred to in that subsection.
[5] Section 218 Public officers and police officers not personally
liable for costs
Insert "or a police officer" after "public officer" wherever occurring in
section 218 (1).
[6] Section 222 Issue of subpoenas
Omit "If the prosecutor in proceedings is a public officer, the public
officer may" from section 222 (2).
Insert instead "If the prosecutor in proceedings is a public officer or a
police officer, the officer may".
[7] Section 224 Conduct money
Insert "or a police officer" after "public officer".
Page 13
Courts Legislation Amendment Bill 2004
Schedule 7 Amendment of District Court Act 1973 No 9
Schedule 7 Amendment of District Court Act 1973 No 9
(Section 3)
[1] Section 4 Definitions: general
Insert in alphabetical order in section 4 (1):
Principal Registrar means the registrar for Sydney.
[2] Part 2, Division 5, Subdivision 1
Insert before section 18G:
Subdivision 1 Judicial Registrar
18FA Appointment and qualifications of Judicial Registrar
(1) The Minister may appoint any qualified person to be the
Judicial Registrar of the Court.
(2) A person is qualified for appointment as the Judicial Registrar
if the person is, or is eligible to be, admitted as a legal
practitioner of any court of a State or Territory or of the High
Court.
(3) The Judicial Registrar is to devote the whole of his or her time
to the office of Judicial Registrar.
(4) The Public Sector Employment and Management Act 2002
does not apply to or in respect of the Judicial Registrar and, in
particular, Chapter 5 of that Act does not apply to the person
appointed to the office of Judicial Registrar.
(5) The Judicial Registrar is an officer of the Court.
(6) Schedule 1A has effect with respect to the Judicial Registrar.
18FB Powers of Judicial Registrar
(1) The Judicial Registrar may, subject to the direction of the
Chief Judge, exercise such powers of the Court as are, by or
under this or any other Act, conferred on the Judicial
Registrar. The Judicial Registrar constitutes the Court for the
purpose of the exercise of those powers.
(2) A judgment given, or an order (other than an interlocutory
order) made, by the Judicial Registrar may be set aside or
varied by the Court.
Page 14
Courts Legislation Amendment Bill 2004
Amendment of District Court Act 1973 No 9 Schedule 7
(3) Subject to subsection (2), a judgment given or an order made
or a direction given by the Judicial Registrar has effect as a
judgment or order or direction of the Court, whether or not the
judgment, order or direction is within the powers of the
Judicial Registrar.
18FC Acting Judicial Registrar
(1) If there is a vacancy in the office of Judicial Registrar, or the
Judicial Registrar is absent from duty, the Minister may
appoint a person who is qualified for appointment as the
Judicial Registrar to act in the position of Judicial Registrar
for the period of the vacancy or absence from duty.
(2) A person appointed under subsection (1) has, for the period of
the appointment, all the entitlements, powers, authorities,
functions and duties of the Judicial Registrar and, for that
period, is taken to be the Judicial Registrar.
Subdivision 2 Other registrars
[3] Section 18G Registrars
Omit "The registrar for Sydney, and for any other proclaimed place" from
section 18G (2).
Insert instead "The Principal Registrar, and the registrar for any
proclaimed place".
[4] Section 18G (3)
Insert "(other than Sydney)" after "any proclaimed place".
[5] Section 18H Functions of registrars
Omit "The registrar for Sydney" from section 18H (3).
Insert instead "The Principal Registrar".
[6] Section 18J Functions of assistant registrars
Omit section 18J (1A). Insert instead:
(1A) An assistant Principal Registrar may exercise any or all of the
functions of the Principal Registrar in respect of any place in
the State.
Page 15
Courts Legislation Amendment Bill 2004
Schedule 7 Amendment of District Court Act 1973 No 9
[7] Part 3, Division 8A
Insert after section 142F:
Division 8A Residual jurisdiction of Court
Subdivision 1 General
142G Definition
In this Division:
residual jurisdiction means the jurisdiction conferred on the
District Court by operation of the Compensation Court
Repeal Act 2002.
Note. The jurisdiction conferred on the District Court by operation of the
Compensation Court Repeal Act 2002 is the following jurisdiction:
(a) jurisdiction to examine, hear and determine all coal miner matters
(within the meaning of the Workplace Injury Management and
Workers Compensation Act 1998) except matters arising under
Part 5 of the Workers Compensation Act 1987,
(b) jurisdiction to make determinations under section 216A of the
Police Act 1990, section 21 of the Police Regulation
(Superannuation) Act 1906, section 29 of the Sporting Injuries
Insurance Act 1978 and sections 16 and 30 of the Workers
Compensation (Bush Fire, Emergency and Rescue Services)
Act 1987,
(c) jurisdiction to determine appeals under section 8I of the Workers'
Compensation (Dust Diseases) Act 1942.
142H Non-application of other Divisions
Subject to this Act and the rules, nothing in Division 2, 3, 7 or
8 (except for Subdivisions 6 and 7 of Division 3), and nothing
in Division 9 or 9A, applies to or in respect of any proceedings
under this Division.
Subdivision 2 Exercise of residual jurisdiction
142I Powers of Court when exercising residual jurisdiction
For the purposes of exercising its residual jurisdiction, the
District Court has the same powers, authorities, duties and
functions as the Compensation Court had under the
Compensation Court Act 1984 immediately before
1 January 2004. The powers conferred by this section are not
limited by any other provisions of this Division.
Page 16
Courts Legislation Amendment Bill 2004
Amendment of District Court Act 1973 No 9 Schedule 7
142J Decisions of Court when exercising residual jurisdiction
(1) The following apply in the exercise of the Court's residual
jurisdiction:
(a) a decision of the Court in any matter is to be on the real
merits and justice of the case,
(b) the Court is not bound to follow strict legal precedent,
(c) subject to Subdivision 3:
(i) a decision or proceeding of the Court is not
vitiated by reason of any informality or want of
form, and
(ii) a decision or proceeding of the Court is not liable
to be appealed against, reviewed, quashed or
called in question by any court, and
(iii) no proceedings, whether for an order in the nature
of prohibition, certiorari or mandamus or for a
declaration or injunction or for any other relief,
lie in respect of any decision or proceeding of the
Court relating to, or on the face of the
proceedings appearing to relate to, any matter
within its residual jurisdiction, and
(iv) the validity of any decision or proceeding of the
Court cannot be challenged in any manner.
(2) Nothing in subsection (1) prevents the Court from
reconsidering any matter that has been dealt with by it in its
residual jurisdiction (or had been dealt with by the
Compensation Court), or from rescinding, altering or
amending any decision previously made or given by the Court
in the exercise of that jurisdiction (or by the Compensation
Court), all of which the Court has authority to do.
(3) In this section, decision includes award, order, determination,
ruling and direction.
142K Costs under other Acts
Section 112 of the Workplace Injury Management and
Workers Compensation Act 1998 extends to any proceedings
in the residual jurisdiction of the Court (not just proceedings
under that Act), and in its application to proceedings under
any other Act, is not limited by section 111A (Costs
provisions apply only to existing claim matters) of that Act.
Page 17
Courts Legislation Amendment Bill 2004
Schedule 7 Amendment of District Court Act 1973 No 9
142L Special provision for evidence of exposure to noise
Historical evidence and general medical or other expert
evidence concerning exposure of workers to noise in
employment with particular employers or in employment of a
particular class, that has been admitted in any proceedings
before the Compensation Court or before the Court in its
exercise of its residual jurisdiction, may, with the leave of the
Court, be received as evidence in any other proceedings
before the Court in its exercise of that jurisdiction, whether or
not the proceedings are between the same parties.
Subdivision 3 Appeals
142M Definition
(1) In this Subdivision, award includes interim award, order,
decision, determination, ruling and direction.
(2) A reference in this Subdivision to the making of an award
includes, where the award is a ruling or direction, a reference
to the giving of the ruling or direction.
142N Appeal to Court of Appeal on question of law
(1) If a party to any proceedings before the Court in its residual
jurisdiction is aggrieved by an award of the Court in point of
law or on a question as to the admission or rejection of
evidence, that party may appeal to the Court of Appeal.
(2) The Court of Appeal may, on the hearing of any appeal under
this section, remit the matter to the District Court in its
residual jurisdiction for determination by that Court in
accordance with any decision of the Court of Appeal and may
make such other order in relation to the appeal as the Court of
Appeal sees fit.
(3) A decision of the Court of Appeal on an appeal under this
section is binding on the District Court and on all the parties
to the proceedings in respect of which the appeal was made.
(4) The following appeals under this section may be made only
by leave of the Court of Appeal:
(a) an appeal from an interlocutory decision,
(b) an appeal from a decision as to costs only,
Page 18
Courts Legislation Amendment Bill 2004
Amendment of District Court Act 1973 No 9 Schedule 7
(c) an appeal from a final decision or award, other than an
appeal that involves (directly or indirectly) a claim for,
or a question relating to, an amount of $20,000 or more,
(d) an appeal from a decision or award made with the
consent of the parties.
Subdivision 4 Stay of proceedings
142O Stay of proceedings
(1) The Court may, subject to any order of the Supreme Court,
order a stay of proceedings (on such terms as the Court thinks
fit) in respect of any award the subject of an appeal under this
Division.
(2) In the absence of a stay of proceedings ordered by the
Supreme Court or by the District Court, a notice of appeal
does not operate as a stay of proceedings.
(3) If a stay of proceedings is ordered by the Supreme Court or
the District Court in respect of an appeal against an award of
weekly payments of compensation, the stay of proceedings
does not operate to affect the liability to make those payments
under the award to the extent that the payments are in respect
of a period after the award is made.
(4) If the decision of the Supreme Court or District Court on any
such appeal is to terminate liability to make the weekly
payments of compensation, that Court may:
(a) order that the Uninsured Liability and Indemnity
Scheme established under the Workers Compensation
Act 1987 bear the whole or a specified part of the
liability to make those payments, and
(b) give such directions as are necessary to give effect to
the order.
Subdivision 5 Miscellaneous
142P Liaison with WorkCover Authority
(1) The Chief Judge may refer to the WorkCover Authority for
inquiry or report any matter relating to the functions of the
Court in its residual jurisdiction.
Page 19
Courts Legislation Amendment Bill 2004
Schedule 7 Amendment of District Court Act 1973 No 9
(2) A Judge may refer to the WorkCover Authority:
(a) a report on suspected fraud or contravention of the
Workers Compensation Act 1987 or the Workplace
Injury Management and Workers Compensation
Act 1998 or the regulations under either of those Acts
by any party to proceedings in the residual jurisdiction
of the Court, and
(b) a report on any neglect in the provision of rehabilitation
for an injured worker, and
(c) any other matter the Judge considers appropriate to
refer to the Authority.
[8] Section 161 Civil procedure rules
Omit "registrars" from section 161 (2) (a) where firstly occurring.
Insert instead "the Judicial Registrar, other registrars".
[9] Section 171 Criminal procedure rules
Omit "the registrars" from section 171 (2) (a).
Insert instead "the Judicial Registrar, other registrars".
[10] Schedule 1A
Insert after Schedule 1:
Schedule 1A Provisions relating to Judicial
Registrar
(Section 18FA (6))
1 Term of office
Subject to this Schedule, a Judicial Registrar holds office for
such period (not exceeding 5 years) as is specified in the
Judicial Registrar's instrument of appointment, but is eligible
(if otherwise qualified) for re-appointment.
2 Remuneration
A Judicial Registrar is entitled to be paid the following:
(a) such remuneration as is from time to time determined
under the Statutory and Other Offices Remuneration
Page 20
Courts Legislation Amendment Bill 2004
Amendment of District Court Act 1973 No 9 Schedule 7
Act 1975 in respect of a Senior Commissioner under the
Land and Environment Court Act 1979,
(b) such travelling and subsistence allowances as the
Minister administering the Land and Environment
Court Act 1979 from time to time determines in respect
of such a Commissioner.
3 Leave
(1) A Judicial Registrar is entitled to such leave:
(a) as may be specified in respect of the Judicial Registrar
in the Judicial Registrar's instrument of appointment,
or
(b) if no leave is specified in the instrument of
appointment--as is determined by the Minister.
(2) For the purposes of subclause (1), leave may be specified or
determined by reference to the leave entitlement of the holder
of any other office or class of office.
4 Vacancy in office
(1) The office of Judicial Registrar becomes vacant if the Judicial
Registrar:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to
the Minister, or
(d) is removed from office by the Minister under this
clause, or
(e) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit,
or
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or
is convicted elsewhere than in New South Wales of an
offence that, if committed in New South Wales, would
be an offence so punishable.
Page 21
Courts Legislation Amendment Bill 2004
Schedule 7 Amendment of District Court Act 1973 No 9
(2) The Minister may remove a Judicial Registrar from office at
any time for incapacity, incompetence or misbehaviour.
[11] Schedule 3 Savings and transitional provisions consequent on
amendments to this Act
Insert at the end of clause 1 (1):
Courts Legislation Amendment Act 2004, but only in relation
to the amendments made to this Act
Page 22
Courts Legislation Amendment Bill 2004
Amendment of Jury Act 1977 No 18 Schedule 8
Schedule 8 Amendment of Jury Act 1977 No 18
(Section 3)
[1] Sections 13 and 26
Omit "in the form prescribed by the regulations" from sections 13 (1) and
26 (1) wherever occurring.
[2] Section 26 Persons selected to be summoned
Omit "at the court or coronial inquest at the time specified".
Insert instead "at the court or coronial inquest, at the place and at the time
specified".
[3] Section 76 Regulations
Insert after section 76 (1):
(1A) In particular, the regulations may make provision for or with
respect to the following:
(a) the information or other matter to be contained in any
notice, summons or other document that by or under
this Act is required or permitted to be prepared,
(b) the manner of service of any such document.
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Courts Legislation Amendment Bill 2004
Schedule 9 Amendment of Protected Estates Act 1983 No 179
Schedule 9 Amendment of Protected Estates Act 1983
No 179
(Section 3)
[1] Section 30 Protective Commissioner may authorise and direct
functions of managers
Omit section 30 (1) (a) and (b). Insert instead:
(a) authorise the person appointed as manager to have:
(i) all, or any specified, functions necessary and
incidental to the management and care of the
estate, and
(ii) such other functions as the Protective
Commissioner may direct or authorise the
manager to have or exercise, and
(b) make such orders, and give such authorities and
directions, of the kind referred to in section 32 or 33 as
appear to the Protective Commissioner to be necessary
or expedient or that the Protective Commissioner thinks
fit (as if a reference in those sections to the Court were
a reference to the Protective Commissioner), and
(c) give the person appointed as manager such directions in
respect of the orders, authorities and directions
authorised by this subsection as the Protective
Commissioner thinks fit.
[2] Section 30 (3) (a)(c)
Omit section 30 (3) (a) and (b). Insert instead:
(a) authorise the person appointed as manager to have:
(i) all, or any specified, functions necessary and
incidental to the management and care of the
estate, and
(ii) such other functions as the Protective
Commissioner may direct or authorise the
manager to have or exercise, and
(b) make such orders, and give such authorities and
directions, of the kind referred to in section 32 or 33 as
appear to the Protective Commissioner to be necessary
or expedient or that the Protective Commissioner thinks
fit (as if a reference in those sections to the Court were
a reference to the Protective Commissioner), and
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Courts Legislation Amendment Bill 2004
Amendment of Protected Estates Act 1983 No 179 Schedule 9
(c) give the person appointed as manager such directions in
respect of the orders, authorities and directions
authorised by this subsection as the Protective
Commissioner thinks fit.
[3] Section 30 (5)
Insert after section 30 (4):
(5) Without limiting the generality of subsection (1) or (3), the
Protective Commissioner may authorise the person appointed
as manager of the estate of a protected person to have
functions of the same kind as those specified in section 24 (2)
in respect of an estate committed to management by the
Protective Commissioner without the limitation referred to in
section 24 (3).
[4] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Courts Legislation Amendment Act 2004, to the extent that it
amends this Act
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