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This is a Bill, not an Act. For current law, see the Acts databases.
Courts and Other Miscellaneous
egislation Amendment Bill 2013 No , 2013 A Bill for An Act to make miscellaneous amendments to certain legislation with respect to courts and certain other legislation administered by the Attorney General. Clause 1 Courts and Other Miscellaneous Legislation Amendment Bill 2013 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Courts and Other Miscellaneous Legislation Amendment 3 Act 2013. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Explanatory notes 7 The matter appearing under the heading "Explanatory note" in 8 Schedule 1 does not form part of this Act. 9 Page 2 Courts and Other Miscellaneous Legislation Amendment Bill 2013 Amendment of Acts Schedule 1 Schedule 1 Amendment of Acts 1 1.1 Anti-Discrimination Act 1977 No 48 2 [1] Section 7 What constitutes discrimination on the ground of race 3 Omit ", on the ground of the aggrieved person's race or the race of a relative 4 or associate of the aggrieved person," from section 7 (1). 5 [2] Section 7 (1) (a) 6 Insert "on the ground of the aggrieved person's race or the race of a relative or 7 associate of the aggrieved person," before "treats the aggrieved person". 8 [3] Section 7 (1) (b) 9 Insert "on the ground of the aggrieved person's race or the race of a relative or 10 associate of the aggrieved person," before "segregates". 11 [4] Section 7 (1) (c) 12 Omit "such". 13 [5] Section 24 What constitutes discrimination on the ground of sex 14 Omit ", on the ground of the aggrieved person's sex or the sex of a relative or 15 associate of the aggrieved person," from section 24 (1). 16 [6] Section 24 (1) (a) 17 Insert "on the ground of the aggrieved person's sex or the sex of a relative or 18 associate of the aggrieved person," before "treats the aggrieved person". 19 [7] Section 24 (1) (b) 20 Omit "such". 21 [8] Section 38B What constitutes discrimination on transgender grounds 22 Omit ", on the ground of the aggrieved person being transgender or a relative 23 or associate of the aggrieved person being transgender," from section 38B (1). 24 [9] Section 38B (1) (a) 25 Insert "on the ground of the aggrieved person being transgender or a relative 26 or associate of the aggrieved person being transgender," before "treats the 27 aggrieved person". 28 Page 3 Courts and Other Miscellaneous Legislation Amendment Bill 2013 Schedule 1 Amendment of Acts [10] Section 39 What constitutes discrimination on the ground of marital or 1 domestic status 2 Omit ", on the ground of the aggrieved person's marital or domestic status or 3 the marital or domestic status of a relative or associate of the aggrieved 4 person," from section 39 (1). 5 [11] Section 39 (1) (a) 6 Insert "on the ground of the aggrieved person's marital or domestic status or 7 the marital or domestic status of a relative or associate of the aggrieved 8 person," before "treats the aggrieved person". 9 [12] Section 39 (1) (b) 10 Omit "such". 11 [13] Section 49B What constitutes discrimination on the ground of disability 12 Omit ", on the ground of the aggrieved person's disability or the disability of 13 a relative or associate of the aggrieved person," from section 49B (1). 14 [14] Section 49B (1) (a) 15 Insert "on the ground of the aggrieved person's disability or the disability of a 16 relative or associate of the aggrieved person," before "treats the aggrieved 17 person". 18 [15] Section 49B (1) (b) 19 Omit "such". 20 [16] Section 49T What constitutes discrimination on the ground of a person's 21 responsibilities as a carer 22 Omit ", on the ground of the aggrieved person having responsibilities as a 23 carer," from section 49T (1). 24 [17] Section 49T (1) (a) 25 Insert "on the ground of the aggrieved person having responsibilities as a 26 carer," before "treats the aggrieved person". 27 [18] Section 49ZG What constitutes discrimination on the ground of 28 homosexuality 29 Omit ", on the ground of the aggrieved person's homosexuality or the 30 homosexuality of a relative or associate of the aggrieved person," from 31 section 49ZG (1). 32 Page 4 Courts and Other Miscellaneous Legislation Amendment Bill 2013 Amendment of Acts Schedule 1 [19] Section 49ZG (1) (a) 1 Insert "on the ground of the aggrieved person's homosexuality or the 2 homosexuality of a relative or associate of the aggrieved person," before 3 "treats the aggrieved person". 4 [20] Section 49ZG (1) (b) 5 Omit "such". 6 [21] Section 49ZYA What constitutes discrimination on the ground of age 7 Omit ", on the ground of the aggrieved person's age or the age of a relative or 8 associate of the aggrieved person," from section 49ZYA (1). 9 [22] Section 49ZYA (1) (a) 10 Insert "on the ground of the aggrieved person's age or the age of a relative or 11 associate of the aggrieved person," before "treats the aggrieved person". 12 [23] Section 49ZYA (1) (b) 13 Omit "such". 14 Explanatory note 15 The proposed amendments to the Anti-Discrimination Act 1977 make it clear that in the 16 case of indirect discrimination (which involves a discriminatory requirement or 17 condition) there is no need to prove that a particular ground of discrimination under the 18 Act is a reason for the discriminatory requirement or condition. The amendments reflect 19 the NSW Court of Appeal decision in Amery & Ors v State of New South Wales 20 (Director-General NSW Department of Education and Training) [2004] NSWCA 404. 21 1.2 Civil Procedure Act 2005 No 28 22 [1] Section 122 Maximum total payment under all garnishee orders 23 Omit "the standard workers compensation weekly benefit" from 24 section 122 (1). 25 Insert instead "$447.70 as adjusted under Division 6 of Part 3 of the Workers 26 Compensation Act 1987". 27 [2] Section 122 (1A) 28 Insert after section 122 (1): 29 (1A) The amount of $447.70 referred to in subsection (1) is an 30 adjustable amount for the purposes of Division 6 of Part 3 of the 31 Workers Compensation Act 1987. 32 Page 5 Courts and Other Miscellaneous Legislation Amendment Bill 2013 Schedule 1 Amendment of Acts [3] Section 122 (2) 1 Omit the definition of standard workers compensation weekly benefit. 2 Explanatory note 3 The proposed amendments update the way in which the maximum total payment under 4 a garnishee order is calculated. 5 1.3 Dust Diseases Tribunal Act 1989 No 63 6 Section 13 Proceedings before the Tribunal 7 Insert after section 13 (2): 8 (3) The President may delegate to a member the President's 9 functions under subsection (2). 10 Explanatory note 11 The proposed amendment enables the President of the Dust Diseases Tribunal to 12 delegate to another member of the Tribunal functions relating to managing the 13 proceedings list, namely, fixing the time, place and before whom proceedings are to be 14 held. 15 1.4 Evidence (Audio and Audio Visual Links) Act 1998 No 105 16 Section 5BA Accused detainee to appear physically in physical 17 appearance proceedings 18 Omit section 5BA (2). Insert instead: 19 (2) Subsection (1) does not apply to any bail proceedings that: 20 (a) occur during a weekend, or 21 (b) occur on a public holiday, or 22 (c) occur during each period commencing on 24 December 23 and ending on the first Friday following 31 December, or 24 (d) occur on each of the days on which the Local Court Annual 25 Conference is held in any year, or 26 (e) relate to an accused detainee who is being held in custody 27 at a place prescribed by the regulations. 28 Explanatory note 29 The proposed amendment expands the occasions on which an accused detainee is 30 permitted to appear in first appearance bail proceedings via an audio or audio visual 31 link as an exception to the requirement in section 5BA (1) of the Evidence (Audio and 32 Audio Visual Links) Act 1998 to appear physically in those proceedings. The further 33 occasions are the Christmas/New Year period in each year and during the Local Court 34 Annual Conference in any year. 35 Page 6 Courts and Other Miscellaneous Legislation Amendment Bill 2013 Amendment of Acts Schedule 1 1.5 Fines Act 1996 No 99 1 Section 11 Provisions relating to application for further time to pay fine 2 Insert after section 11 (7): 3 (8) Without limiting subsection (7), the principal registrar of the 4 District Court, a registrar of the Local Court at the Downing 5 Centre and a registrar of the Children's Court may authorise, 6 subject to any conditions specified in the authorisation, a person 7 employed in the Department of Attorney General and Justice to 8 deal with an application and to make, amend or revoke an order 9 allowing further time to pay a fine. 10 Explanatory note 11 The proposed amendment allows specified registrars of the District Court, Local Court 12 and Children's Court to authorise employees of the Department of Attorney General 13 and Justice to consider applications for further time to pay a court-imposed fine. 14 1.6 Government Information (Public Access) Act 2009 No 52 15 Schedule 2 Excluded information of particular agencies 16 Insert at the end of clause 2: 17 The DNA Review Panel--all functions other than functions 18 under section 91 (1) (d) of the Crimes (Appeal and Review) Act 19 2001. 20 Explanatory note 21 The proposed amendment excludes information relating to the functions of the DNA 22 Review Panel, other than its functions relating to reporting and making 23 recommendations to the Minister, from being able to be accessed under the 24 Government Information (Public Access) Act 2009. 25 1.7 Local Court Act 2007 No 93 26 Section 25 Local Court Rule Committee 27 Omit section 25 (4). Insert instead: 28 (4) The Rule Committee, when exercising its functions in respect of 29 matters relating to the jurisdiction referred to in section 9 (c), is 30 to have 3 additional members as follows: 31 (a) a person appointed by the Chief Magistrate on the 32 nomination of the Director of Public Prosecutions, 33 Page 7 Courts and Other Miscellaneous Legislation Amendment Bill 2013 Schedule 1 Amendment of Acts (b) a person appointed by the Chief Magistrate on the 1 nomination of the Legal Aid Commission, 2 (c) a police prosecutor admitted to the legal profession under 3 the Legal Profession Act 2004 appointed by the Chief 4 Magistrate on the nomination of the Commissioner of 5 Police. 6 Explanatory note 7 The proposed amendment provides for the appointment of a legally qualified and 8 admitted police prosecutor as a member of the Local Court Rule Committee when the 9 Committee is exercising its functions in respect of matters relating to the Court's 10 criminal jurisdiction. 11 1.8 Young Offenders Act 1997 No 54 12 [1] Section 66 Disclosure of records 13 Insert after section 66 (2) (f): 14 (g) records of, or relating to, warnings, cautions and 15 conferences under this Act may (subject to any regulations 16 made for the purposes of subsection (3)) be divulged to an 17 authorised officer of the Department of Attorney General 18 and Justice for use in connection with the Department's 19 Youth on Track scheme or such other early intervention or 20 diversionary program administered by the Department that 21 is prescribed by the regulations, 22 (h) any records divulged to an authorised officer of the 23 Department of Attorney General and Justice under 24 paragraph (g) may (subject to any regulations made for the 25 purposes of subsection (3)) be divulged by an authorised 26 officer of the Department to a non-government 27 organisation engaged by the Department to provide 28 services in connection with the Department's Youth on 29 Track scheme or such other early intervention or 30 diversionary program administered by the Department that 31 is prescribed by the regulations. 32 Page 8 Courts and Other Miscellaneous Legislation Amendment Bill 2013 Amendment of Acts Schedule 1 [2] Section 66 (3) 1 Omit "(e) or (f)". Insert instead "(e)-(h)". 2 Explanatory note 3 The proposed amendments authorise the disclosure of records of, or relating to, 4 warnings, cautions and conferences under the Young Offenders Act 1997 by the NSW 5 Police Force to the Department of Attorney General and Justice, and the disclosure of 6 those records by the Department to certain bodies, for the purposes of the 7 Department's Youth on Track scheme or such other prescribed early intervention or 8 diversionary program administered by the Department. 9 Page 9
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