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1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
to amend the Compensation Court Act 1984 so as to require the annual
estimates that are forwarded to WorkCover to be prepared in
December, or such other month as may be prescribed by the
regulations under that Act, instead of in May, and
to amend the Coroners Act 1980 so as to allow a person who is of or
above the age of 70 years to be appointed as a coroner for a specified
term if the Minister so recommends, and
to amend the District Court Act 1973 so as:
(i)
to allow the District Court to order an action to be retried not
only, as is presently the case, where the action has originally
been tried with a jury but also where it has been tried without a
jury, and
(ii)
to require leave to be granted by the Supreme Court for an
appeal against a final judgment or order of the District Court for
the payment of money where the appeal seeks a variation of the
sum ordered to be paid and the amount by which the sum is
sought to be varied is less than $100,000 or such other amount
as is prescribed by the regulations under that Act, and
to amend the Land and Environment Court Act 1979 so as to allow the
costs payable by a prosecutor or defendant in respect of a conviction or
order arising out of Class 5 proceedings determined by the Land and
Environment Court to be determined otherwise than by the Judge by
whom the proceedings are determined, and
to amend the Supreme Court Act 1970 so as:
(i)
to enable the Court of Appeal to be constituted by two Judges of
Appeal for appeals against awards of compensation by the
Compensation Court, and
(ii)
to require leave to be given by the Court of Appeal for an appeal
against a judgment or order of the Supreme Court with respect
to the taxation or assessment of costs, and
(iii) to require leave to be given by the Court of Appeal for an appeal
against a final judgment or order of the Supreme Court for the
payment of money where the appeal seeks a variation of the sum
ordered to be paid and the amount by which the sum is sought to
be varied is less than $100,000 or such other amount as is
prescribed by the regulations under that Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the Schedule of amendments
to the Compensation Court Act 1984.
Clause 4 is a formal provision giving effect to the Schedule of amendments
to the Coroners Act 1980.
Clause 5 is a formal provision giving effect to the Schedule of amendments
to the District Court Act 1973.
Explanatory note page 2
Clause 6 is a formal provision giving effect to the Schedule of amendments
to the Land and Environment Court Act 1979.
Clause 7 is a formal provision giving effect to the Schedule of amendments
to the Supreme Court Act 1970.
Schedule 1 amends the Compensation Court Act 1984 so as to give effect to
the objects referred to in paragraph (a) above.
Schedule 2 amends the Coroners Act 1980 so as to give effect to the objects
referred to in paragraph (b) above.
Schedule 3 amends the District Court Act 1973 so as to give effect to the
objects referred to in paragraph (c) above.
Schedule 4 amends the Land and Environment Court Act 1979 so as to give
effect to the objects referred to in paragraph (d) above.
Schedule 5 amends the Supreme Court Act 1970 so as to give effect to the
objects referred to in paragraph (e) above.
Explanatory note page 3