Media releases
This is a list of media releases issued by the Attorney General in 2009.
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2009
Panel set up to review domestic violence deaths [ 62kb]
Issued: Wednesday 25 November 2009
Minister for Women Linda Burney and Attorney General John Hatzistergos today announced the establishment of a domestic violence homicide review panel in NSW to coincide with White Ribbon Day and the United Nations Day for the Elimination of Violence Against Women.
“This new model will help us find out how we can improve the system to help prevent domestic violence-related deaths,” Ms Burney said.
“I’m confident the new panel will be rigorous in its investigations and its recommendations will contribute to a reduction in these appalling deaths.
“From 2003 to 2008, 215 people died as a result of domestic violence, which equates to 42 per cent of all homicides. Most of those who died were women.
“This is a shocking statistic. One domestic violence homicide is one too many.”
Ms Burney said the Government has budgeted $504,000 this financial year to set up the domestic violence homicide review panel, which creates a mechanism to systemically analyse all domestic violence homicides.
The NSW Government announced in late 2008 that it would consider the merits of creating a mechanism to systematically review all closed domestic violence homicides.
“An expert group – including representatives from the Government and non-Government sectors – was formed to provide the Government with advice,” Ms Burney said.
“This group examined homicides related to domestic violence that occurred over the previous five years.
“They recommended an ongoing review process be established for domestic violence homicides to ensure that laws, policies and services are effective.
“Today, I am pleased to announce that the NSW Government will implement this recommendation with the creation of the domestic homicide review panel consisting of government and non government experts with administrative and research support.
“The Government has listened to the views of women in the non-Government sector who campaigned for a review model,” she said.
Mr Hatzistergos said the legislation giving effect to the panel will allow the Coroner or a former coronial officer to Chair the panel. The NSW State Coroner Mary Jerram will be the first chair.
“Establishing a panel convened by the Coroner will mean it will have better access to information on domestic violence related deaths across Australia via the National Coroners Information System (NCIS),” Mr Hatzistergos said.
“The NCIS improves the ability of all Coroners to identify and address systematic problems within their jurisdiction by allowing comparison with similar coronial cases in other States.
Ms Burney said the panel is another initiative of the NSW Government which addresses domestic violence.
“We have expanded two programs: Staying Home Leaving Violence, which helps women stay in their homes by removing the violent offender and the Women’s Domestic Violence Court Assistance Program,” she said.
“We also have the Start Safely rental subsidy initiative to help domestic violence victims who leave refuges or their own homes move into private accommodation.
“In addition we have implemented a range of legislative reforms to protect and support victims and make offenders more accountable,” Ms Burney said.
Ingrid Poulson, whose estranged husband killed her two children and her father in 2003, is supportive of a review panel.
“To fight our enemy, we must understand it,” she said.
“And for me, this is really the most important role for the review teams; using the painful lessons of our past to improve our knowledge and understanding, to shed light into the corners of our ignorance where women and children live in fear, where women and children die.”
Betty Green, convenor of the Domestic Violence Coalition Committee, commended the Premier and Government in their decision to establish a Domestic Violence Homicide Review in NSW.
“It is pleasing to see that the model to be established is a panel of government and non-government representatives working together in collaboration to understand why domestic violence homicides have occurred and what steps can be taken to strengthen the system,” she said.
“This is a significant step forward and one which I believe will not only make a difference in the long term but also honour the women, children and men who have been killed in the context of domestic violence.”
Attorney General warns of hoax inheritance email [ 38kb]
Issued: Tuesday 24 November 2009
NSW Attorney General John Hatzistergos today issued a warning about a hoax email that encourages people to find out whether they are entitled to a share of a non-existent estate.
“This email claims to have come from myself, the Attorney General, but I can assure anyone who receives it, that it is a scam,” Mr Hatzistergos said.
The hoax email uses part of a legitimate media release issued by the Attorney General earlier this year about money distributed to beneficiaries of deceased estates by the NSW Trustee & Guardian.
Written in Dutch, the email claims a man named Heiman de Waal died without making a will and encourages people to call a telephone number to find out whether they are owed money from his estate.
“If you receive this email you should delete it immediately and do not attempt to make contact with the scammer or provide them with any personal information, such as bank account details,” Mr Hatzistergos said.
The scammer purports to be from the Australian Association of Genealogists and Records Agents, however the Association has confirmed it has no knowledge of the author of the email.
“I am gravely concerned that an unscrupulous individual would manipulate a legitimate media release to take advantage of vulnerable members of the community,” Mr Hatzistergos said.
“I have asked that further investigations are conducted to track down the author of the scam.”
Mr Hatzistergos said all claims made on estates of people who die without a will are closely scrutinised, and payments are only made to those with proof of their entitlements.
“I can assure the community the NSW Trustee & Guardian conducts exhaustive research to ensure that deceased estates go to rightful heirs and next of kin,” he said.
Forum on crime and sentencing comes to Wollongong [ 30kb]
Issued: Monday 16 November 2009
A free public education forum about crime and how criminals are sentenced will be held in Wollongong on Monday, November 16, NSW Attorney General John Hatzistergos announced today.
“NSW has the strongest sentencing regime in Australia, yet there are many misconceptions in the community about how the justice system operates,” Mr Hatzistergos said.
“The forum will give the Wollongong community a chance to hear first hand accounts of how sentences are determined from a panel of experts that will include a former judge.”
The forum is in response to a survey by the NSW Bureau of Crime Statistics and Research (BOCSAR) and the NSW Sentencing Council which found many people were interested in knowing more about the NSW justice system.
Over the past seven months, forums have been held in Parramatta, Campbelltown and Gosford, with each event attracting strong community interest.
“A record 115 people attended the most recent forum in Gosford, with more than 70 per cent of guests saying that the session had given them a better understanding of how the justice system works,” Mr Hatzistergos said.
Guest panelists at the Wollongong forum will include:
- NSW Attorney General, John Hatzistergos
- The Hon James Wood AO QC, former Supreme Court Judge, Chair of the NSW Law Reform Commission and member of the NSW Sentencing Council
- Howard Brown from the Victims of Crime Assistance League (VOCAL)
- Brendan Thomas, Assistant Director General, Crime Prevention and Community Program, Department of Justice & Attorney General.
Noreen Hay Member for Wollongong will open the forum, which will include a short presentation followed by a questions and answers session led by a moderator.
“The process of sentencing involves a range of considerations, including the need for punishment, deterrence, community protection and rehabilitation,” Ms Hay said. “It is important that our community understands the process so that they can make up their own minds about whether the sentence fits the crime.”
The Bureau of Crime Statistics and Research found people well informed about how the criminal justice system operates are more likely to have confidence in it.
The Wollongong ‘Process of Justice’ Public Forum will be held at:
Venue: City Beach Function Centre, Marine Drive, Wollongong
When: Monday November 16, 5.30pm – 7.30pm
(Refreshments and registration from 5.00pm)
Registration: communications@agd.nsw.gov.au
Enquiries: (02) 86887631
Nambucca program to protect women from violence [ 41kb]
Issued: Monday 16 November 2009
A Nambucca Shire Council program to protect women from violence in and around licensed premises has received a $50,000 grant from the Rees Government, NSW Attorney General John Hatzistergos announced today.
”Women are entitled to enjoy a night out without being subjected to harassment and violence,” Mr Hatzistergos said.
The Safer Women Around Nambucca Shire (SWANS) program will conduct safety audits of licensed premises, examining issues such as lighting, security and staff management.
“The project coordinators will work with publicans and other licensees to implement strategies to reduce potential risks to women at Nambucca Heads, Macksville and Bowraville,” Mr Hatzistergos said.
Mr Hatzistergos said the program would also introduce a People’s Choice Award, in which the community would vote for what they think is the safest venue in the Nambucca Shire.
“A venue with a reputation for putting safety first is likely to attract more patrons, so it makes good business sense for licensees to get involved in the SWANS project,” Mr Hatzistergos said.
More than 50 per cent of assaults in the Nambucca Shire are alcohol-related, according to the NSW Bureau of Crime Statistics and Research Crime Map 2007, with a high proportion occurring on Friday and Saturday nights.
“Council has already taken steps to reduce alcohol-related violence by creating an Alcohol Free Zone in Nambucca Heads and similar zones may soon be established in other parts of the Nambucca shire,” Mr Hatzistergos said.
“The SWANS project will add an extra dimension to council’s ongoing campaign to create a safer community.”
Mr Hatzistergos said SWANS is modelled on the Safer Times ‘Round Albury Wodonga – For Women program, which won an Australian Violence Prevention Award in 2001.
What: Official Launch of the SWANS Project
Where: Nambucca Heads RSL following the Nambucca Valley Liquor Accord
When: Tuesday 17 November at 12:30pm
Premier of NSW News Release
Writing on the wall for Graffiti vandals [ 114kb]
Issued: Sunday 8 November 2009
Premier Nathan Rees today announced a crack down on graffiti vandals across NSW.
Mr Rees said that the Government will take a hardline approach to graffiti and has developed a number of tough initiatives aimed squarely at tackling this crime.
The Premier made the announcement in Blacktown today, a suburb that topped the State with the highest number graffiti incidents last year with 737 incidents.
“The community is fed up with their streets being defaced by senseless vandals who think they can operate above the law,” Mr Rees said.
“Today, I’m putting graffiti vandals on notice – we have you in our sights and the community, police and business are right behind us.
“Graffiti is not a victimless crime – it makes people feel unsafe, eats away at the pride people have for their towns and suburbs and this is simply not on.”
Major highlights of the package include:
- Graffiti Action Day: a dedicated day each year for community-based graffiti clean up in partnership with Keep Australia Beautiful;
- Banning possession of spray cans: an offence for juveniles to possess spray paint cans unless for education, employment or legal art;
- Doubling penalties: A doubling of penalties for graffiti vandalism to 12 months in prison and 6 months for possession of a graffiti implement;
- Clean up orders: More vandals to clean up graffiti instead of paying fines (most offenders are currently fined) and increasing the use of clean-up for offenders sentenced to a Community Service Orders;
- Designing out graffiti: make planners of all new state government buildings take graffiti and crime prevention measures into consideration;
- Graffiti hotspot funding: $1 million annual grants program to fund the implementation of anti graffiti design treatments in identified hotspots.
The Graffiti Action Day will occur on the first Sunday in May each year – beginning 2 May 2010.
“The Graffiti Action Day will empower communities to take charge and make a difference,” Mr Rees said.
Mr Rees said it will now be illegal for a juvenile to have a spray can in their possession unless they have a legitimate reason.
“If they cannot prove to Police that they need the spray can for legitimate reasons like school or work they will face fines of up to $1,100 and even 6 months jail in some cases.
“These changes build on the reforms that began earlier this year which enable police and other officers to issue penalties to retailers for selling spray paint to young people.”
Keep Australia Beautiful CEO Peter McLean said: “Everyone can get involved in the Graffiti Action Day – councils, schools, businesses, community groups, and individuals.
“It is an important opportunity to raise awareness of how we can collectively remove graffiti. Volunteers can play an important role to increase the pride and morale of their local communities.”
Peter Collins appointed a new Chair of Legal Aid [ 25kb]
Issued: Friday 6 November 2009
NSW Attorney General John Hatzistergos today announced the appointment of former Liberal Attorney General Hon. Peter Collins AM QC as the Chair of the Board of Legal Aid NSW.
“Peter Collins brings a wealth of experience in government and the legal profession coupled with his strong interest in social justice issues to this role,” Mr Hatzistergos said.
“I am very pleased that he was willing to accept this esteemed appointment.”
Mr Collins is a former Attorney General of NSW and Leader of the Opposition and has extensive experience as the Chair of a number of other government boards, including those of the Cancer Institute of New South Wales and the Australian Institute of Health and Welfare.
On accepting the appointment at the 30th Anniversary Dinner of Legal Aid NSW last night, Mr Collins said he looks forward to confronting the complex and important social justice challenges that come with the appointment.
“I am committed ensuring access to justice for ordinary people are preserved as a fundamental right in society today,” Mr Collins said.
“I believe Legal Aid NSW is the leading institution on social justice issues which has been well served by its current board and staff, and I am looking forward to making a personal contribution going forward.”
Mr Hatzistergos praised the dedication and commitment of the current board members of Legal Aid.
“I would especially like thank the outgoing Chair Phillip Taylor who has chaired the Board for much of the past decade devoting countless hours to the role,” he said.
Also in attendance at the 30th anniversary celebrations were former NSW Attorney General John Dowd, and current and former Legal Aid staff including the Hon. Barbara Perry MP and Barry Collier MP, NSW Chief, Chief Magistrate Graeme Henson, and President of the Children’s Court Mark Marion.
NSW Government calls on Commonwealth to boost Legal Aid funding [ 28kb]
Issued: Thursday 5 November 2009
NSW Attorney General John Hatzistergos will today call on the Commonwealth to significantly boost funding for Legal Aid to stave off further cuts to vital legal services for disadvantaged members of the community.
“The Commonwealth slashed funding for Legal Aid by nearly $80 million dollars in real terms during the Coalition’s decade in power,” Mr Hatzistergos said.
“Today, that funding shortfall remains and the victims of this failure are many of the most vulnerable members of the community – war veterans claiming pensions, grandparents locked in family law custody battles and indigenous women escaping domestic violence.”
Mr Hatzistergos said that for more than a decade Legal Aid has been neglected by the Commonwealth with their share of the funding falling by half – to less than a quarter of the total budget.
“We now have a Legal Aid system in crisis with more than one in five disadvantaged people who seek assistance being turned away,” he said.
In the 1996-97 financial year, the Commonwealth's contribution in NSW was roughly 50% of legal aid funding – or $41 million out of total legal aid income of $83 million.
This financial year, the Commonwealth's contribution has plummeted to less than 25 percent - or just $50 million from total income of $203 million.
“In contrast, NSW has increased its total Legal Aid budget from $26.5 million over the same period to $98.4 million - a massive increase of 271 per cent,” Mr Hatzistergos said.
In New South Wales, the shortfall in Commonwealth funding has been so acute that Legal Aid NSW has had to cut core services including freezing funds for the enforcement of court orders.
“This means that while people can get help seeking orders in the Family Court, they can no longer get help in enforcing them against ex-partners,” Mr Hatzistergos said.
“Grandparents are also missing out because the funding hole has squeezed the means test for Legal Aid.
“The fact is, many grandparents are income poor but have assets such as a family home which means they fail the means test.
“In practice this means they have no way of self-funding a legal action to get custody of grandchildren, for instance.”
Legal Aid NSW CEO Alan Kirkland said it will soon have no choice but to tighten eligibility for funding to war veterans and their widows, who often need help making claims for medical treatment and benefits.
“We're stuck between a rock and a hard place in choosing which services to cut next,” Mr Kirkland said.
NSW President of the Returned and Services League (RSL), Don Rowe, said some war veterans are missing out on much-needed legal representation.
Mr Rowe said Legal Aid provides funding for medical reports and legal assistance if a veteran has to take their fight to the Administrative Appeals Tribunal.
"Most surviving World War II veterans are now in their 90s and they can't be expected to negotiate the complex veterans’ affairs bureaucracy on their own."
In May 2009, the Rudd Government announced an additional $4.4 million in one-off funding for Legal Aid NSW, to assist with demand for services in 2008/2009. This follows an additional $6 million that was provided in 2007/2008.
“This round of one-off funding was a definite step in the right direction for disadvantaged members of the NSW community, but a lot more needs to be done,” Mr Hatzistergos said.
Mr Hatzistergos said he will raise the issue of Legal Aid funding at the national meeting of Attorneys General (Standing Committee of Attorneys General) to be hosted at the University of Sydney Law School in Sydney today and Friday.
New magistrate for NSW [ 24kb]
Issued: Tuesday 3 November 2009
NSW Attorney General John Hatzistergos today announced the appointment of Bruce Williams to the bench of the Local Court of NSW.
“Mr Williams is a highly respected solicitor who has appeared in almost all of the State’s courts and tribunals over the past 29 years,” Mr Hatzistergos said.
Beginning his career in 1972, Mr Williams worked in legal sections of the Attorney General’s Department of NSW before being appointed a solicitor for the Director of Public Prosecutions (DPP).
Mr Williams worked for the Special Crimes Team of the state’s first Director of Public Prosecutions until 1981, when he became proprietor of a legal partnership.
While in private practice, Mr Williams has appeared primarily in criminal and civil claims matters, but also has experience in commercial law and probate.
Mr Williams has provided considerable assistance to disadvantaged people, performing pro bono work for a women’s shelter in Taree and founding a charity, which has helped maintain a half way house and funded meals for the elderly.
Mr Williams holds a Diploma in Law (Barristers Admission Board), is an Accredited Specialist in Criminal Law and was placed first in the state for taxation in the Securities Institute Graduate Course in Applied Finance and Investment.
“I congratulate Mr Williams on his expertise and career achievements which have resulted in his elevation to the bench of the Local Court,” Mr Hatzistergos said.
Mr Williams will be sworn in as a magistrate on November 23.
Jerrold Cripps QC to chair NSW Sentencing Council [ 41kb]
Issued: Tuesday 3 November 2009
NSW Attorney General John Hatzistergos today announced the appointment of The Hon. Jerrold Cripps QC as chairperson of the NSW Sentencing Council for the next three years.
“Within the NSW legal profession, few are held in higher esteem than Mr Cripps, whose achievements in law over the past 50 years are almost without peer,” Mr Hatzistergos said.
Mr Cripps will begin as the chair of the NSW Sentencing Council on November 14.
“The NSW Sentencing Council is dedicated to improving the public’s understanding and confidence in the criminal justice process and conducting research and advising the NSW Government on sentencing matters,” Mr Hatzistergos said.
“The Council comprises representatives of the community, NSW Police, Corrective Services NSW, victims of crime advocates and legal professionals.”
Mr Hatzistergos commended Mr Cripps’ five-year term as the Commissioner of the Independent Commission Against Corruption (ICAC).
“As the ICAC Commissioner, Mr Cripps has presided over hearings into allegations of bribery, fraud and other forms of corruption,” he said.
Mr Cripps was a member of the judiciary for 15 years, serving as a judge of the NSW Supreme Court, Court of Appeal and District Court and as Chief Judge of the Land and Environment Court.
He has also served as chairman of the NSW Legal Aid Commission and president of the NSW Anti-Discrimination Board. He was a member of the Judicial Commission of NSW, a part-time commissioner of the NSW Law Reform Commission and is currently an Arbitrator of the International Court of Sport.
Mr Cripps, who holds a Bachelor of Laws and Masters of Law from the University of Sydney, became a barrister in 1959 and was appointed Queen’s Counsel in 1974.
Mr Cripps replaces former NSW Supreme Court judge, The Hon. James Wood AO, QC, as chairperson of the Sentencing Council.
“I thank Mr Wood for his guidance over the past three years, including on matters relating to alcohol-related violence, sex offences and ways of improving public confidence in the judicial system,” the Attorney General said.
Mr Wood will remain a member of the Sentencing Council and will continue in his role as Chairperson of the NSW Law Reform Commission.
NSW Sentencing Council members are:
- The Hon Jerrold Cripps QC (Chairperson)
- The Hon John Dunford QC (Deputy Chairperson)
- The Hon James Wood AO QC (former Supreme Court judge)
- Mr Howard W Brown OAM (Victims of Crime Assistance League)
- Mr Paul Carey, APM, Assistant Commissioner, NSW Police Force
- Mr N R Cowdery AM QC (NSW Director of Public Prosecutions)
- Mrs Jennifer Fullford (Community Representative)
- Mr Mark Ierace, SC (Senior Public Defender)
- Ms Martha Jabour (Homicide Victims Support Group)
- Mr Ken Marslew AM (Enough is Enough Anti-Violence Movement)
- Ms Jennifer Mason (Director General, NSW Department of Community Services)
- Ms Penny Musgrave (Director, Criminal Law Review, NSW Department of Justice & Attorney General)
- Mr Ron Woodham (Commissioner of Corrective Services NSW)
New laws to fast track lengthy criminal trials [ 35kb]
Issued: Friday 30 October 2009
NSW Attorney General John Hatzistergos said new laws introduced into Parliament this week will cut excessively long criminal trials by forcing lawyers to prepare early and operate more efficiently.
“Trials that run for months on end not only burden the criminal justice system, jurors and the taxpayer, they prolong the distress and anguish of victims of crime,” he said.
“These reforms will go some way to cutting the unnecessary hold ups.”
Mr Hatzistergos said the new trial efficiency laws will reduce the overall length of time between committal and sentence.
“There have been a number of recent examples where lengthy criminal trials could have been avoided through early preparation and more efficient processes,” he said.
The new laws will streamline trial procedures to allow judges to:
- Order case management between parties before the trial;
- Force parties to disclose facts in dispute before the trial; and
- Set up pre-trial conferences for parties to agree on admissible evidence.
“The presentation of unimportant or uncontested evidence can be a significant contributor to unnecessarily long trials,’ Mr Hatzistergos said.
“The new measures seek to address these issues and improve the overall efficiency of the criminal justice system.
“Some measures such as pre-trial case management already exist for complex cases, but are simply not being used enough,” he said.
The NSW Government conducted a review last year to identify the causes of inefficiencies in criminal trials.
It found the causes of delays included:
- Identifying admissible evidence during the trial;
- Process of informing jurors of their responsibilities; and
- Conduct of counsel in relation to lengthy questioning.
Mr Hatzistergos said the amendments to the Criminal Procedures Act 1986 (Case Management) would help to bring about cultural change in the legal system.
“NSW courts lead the nation in the timely disposal of criminal cases and the majority of trials are completed efficiently,” he said.
New magistrate appointed [ 112kb]
Issued: Wednesday 28 October 2009
NSW Attorney General John Hatzistergos today announced the appointment of Albert Sbrizzi to the bench of the Local Court of NSW.
“Mr Sbrizzi is one of the most experienced criminal lawyers at Legal Aid NSW, where he has been providing legal services to disadvantaged people for some 20 years,” Mr Hatzistergos said.
Based in Sydney’s southwest, Mr Sbrizzi’s responsibilities include appearing for defendants in Local Court and committal matters as well as supervising and mentoring other solicitors in Legal Aid.
While at Legal Aid, he has also practiced widely in District Court matters, appearing for defendants during sentencing proceedings and in appeals against convictions and sentences.
Mr Sbrizzi began his career as a social worker at the Department of Community Services (DoCS) in 1977 after obtaining a Bachelor of Social Studies (Social Work) from the University of Sydney.
He commenced working as a solicitor for DoCS in 1983, after graduating with a Bachelor of Law from the University of NSW.
During his nine years at DoCS, Mr Sbrizzi prosecuted criminal matters in the Children’s Court on behalf of police and was involved in child welfare proceedings in the Supreme Court and custody matters in the Family Court.
Mr Sbrizzi will be sworn in as a magistrate on November 16.
“I welcome the appointment of Mr Sbrizzi and look forward to his contribution to the Local Court,” Mr Hatzistergos said.
Nowra Elders to help Aboriginal children at risk [ 26kb]
Issued: Thursday 22 October 2009
Nowra Aboriginal Elders are being trained to take part in a new court process that helps to decide the future of Aboriginal children at risk of abuse or neglect, NSW Attorney General John Hatzistergos announced today.
“Care Circles are primarily about the welfare and safety of Aboriginal children, as well as ensuring they don’t experience another form of abuse – loss of cultural identity,” Mr Hatzistergos said.
Member for Kiama, Matt Brown, said Nowra Children’s Court has held five Care Circles so far in a trial of the program with encouraging results.
“The idea is that Aboriginal children are not taken away from their community or kinship system but raised in their culture,” Mr Brown said.
The Care Circle model for Indigenous communities is a joint initiative between the Department of Justice and Attorney General (DJAG) and Community Services.
Minister for Community Services Linda Burney said that a Care Circle can only be ordered by a Children’s Court magistrate.
“It is convened to formulate a care plan for an Aboriginal child who has been removed from their family,” Ms Burney said.
“The Care Circle provides advice to the Children’s Court magistrate on matters such as where the child should live, contact with family and support services for the child and family.”
Members of a Care Circle include the child’s parents and their lawyers, the child’s lawyer (usually from Legal Aid NSW), a representative from Community Services, the Magistrate, three Aboriginal community representatives and any other party to the matter.
In a similar fashion to Circle Sentencing for Aboriginal offenders, the members sit in a circle to discuss the case. The first meeting is held to work out the care plan including appropriate placement options and support services. The participants then meet six weeks later to evaluate the plan and provide final feedback. The magistrate then makes orders for the care of the child.
Elders from the community are screened by Community Services and DJAG for working with children and do not have a history with the people involved in the case.
The trial of the program in Nowra began in December and an evaluation of its progress will begin next month.
The training day for Elders is being held on Friday, 23 October from 10am to 3pm at the Interchange Building, 37 Holloway Road, Nowra. Aboriginal Elders interested in participating in Care Circles should contact Gail Wallace at Nowra Courthouse on (02) 4421 2277.
Southern Highlands solicitor appointed magistrate [ 96kb]
Issued: Thursday 22 October 2009
NSW Attorney General John Hatzistergos today announced he would recommend to Her Excellency the Governor the appointment of Bowral solicitor Susan McGowan to the bench of the NSW Local Court.
Ms McGowan has practised law for more than a quarter of a century and has been a partner in a Bowral law firm since 1989.
“In a country practice, solicitors advise on a wide range of legal matters. Such experience will be an important asset for Ms McGowan in her new role as a NSW magistrate,” Mr Hatzistergos said.
Ms McGowan has an extensive knowledge of all court jurisdictions in NSW, including the Local Court. She has practised principally in the areas of general commercial and civil matters, property and contract law, wills and estates.
Over the past 10 years, Ms McGowan has also worked as an arbitrator and has frequently taken part in mediations in the Supreme Court of NSW.
Ms McGowan is a former councillor of the Law Society of NSW and is a member of its Disclosures Committee, Conduct Committee and Accreditation Board.
Ms McGowan will be sworn in as a magistrate on November 30.
“I congratulate Ms McGowan on her appointment and I wish her every success in her new role,” Mr Hatzistergos said.
Security procedures boosted to protect judges [ 35kb]
Issued: Sunday 18 October 2009
Security procedures boosted Attorney General John Hatzistergos announced today that security procedures in courthouses will be revamped as new figures reveal that threats against judges have doubled in the past financial year.
“The safety and wellbeing of judges and magistrates is paramount to the integrity of the justice system,” said Mr Hatzistergos.
“Sheriff’s officers must be adequately equipped and empowered to ensure they can protect judges and members of the public who frequent NSW courthouses.”
Mr Hatzistergos said the disturbing jump in threats against judges, which went from 10 to 20 in the last financial year, coincided with a rise in the average monthly number of courthouse security incidents in NSW from 220 to 300.
- In September last year a defendant made a threat to kill the presiding magistrate. The 28-year-old man said he was going to “slit the throat” of the magistrate and then kill himself. Sheriffs’ officers were alerted and the matter involving the man was heard by another magistrate.
- In October last year a magistrate received a letter contained a newspaper clipping about a case he was involved in. Handwriting on the clipping was obscene and threatening.
Mr Hatzistergos said standard operating procedures, contained in the Sheriff’s Office Manual, would be updated to reflect new legislation and emerging threats.
“The operating procedures will be updated to improve judicial officer security, intelligence gathering, incident reporting and handling of high risk security matters,” said Mr Hatzistergos.
“I am concerned that a number of matters involving high profile defendants have attracted persons to courthouses who have behaved anti-socially and shown disrespect for the judicial process.”
Mr Hatzistergos said sheriffs already carried baton, pepper spray and handcuffs, and had the power to confiscate prohibited items, such as weapons, give directions, make arrests and use reasonable force.
“Major courthouses now have metal detectors located inside their entrances, and mobile security screening equipment can be deployed to any courthouse in NSW in anticipation of a high risk matter.”
He said statutory reviews of both the Sheriff’s Act and the Court Security Act will be conducted next year.
“As well as updating operating procedures, next year the powers of sheriffs will be examined as part of the statutory reviews of the relevant acts.”
Civil weddings now double the number of religious [ 31kb]
Issued: Sunday 18 October 2009
New figures reveal that civil wedding ceremonies are being conducted in NSW at a rate of almost two to one religious weddings, said Attorney General John Hatzistergos.
“So far this year more than 17,000 civil weddings have been held in NSW compared to some 9,000 religious weddings,” said Mr Hatzistergos.
He said the figures, from the NSW Registry of Births, Deaths and Marriages, show the number of civil marriages first overtook religious weddings in 2002 and have steadily increased since then.
Last year more than 24,000 civil ceremonies were held in NSW, compared to 20,000 in 2005 and 19,000 in the year 2000.
As far as religious weddings went, 15,000 were held last year while some 16,000 were conducted in 2005 and 20,000 in the year 2000.
Mr Hatzistergos said the steady increase in civil ceremonies was reflected in additional demand from couples to get married at the offices of the Registry of Births, Deaths and Marriages.
He said wedding ceremonies held at Registry offices had increased by 37% over the past five years with 16 alone being held today.
“Registry office marriages are simple but elegant and growing in popularity every year,” said Mr Hatzistergos.
Mr Hatzistergos said traditionally the busiest weekend of the year to get married is the long weekend in October but days considered to have lucky calendar dates were also popular.
“The busiest day ever for weddings held at the Registry’s offices was on August 8, last year, when 96 civil ceremonies took place,” he said.
He said the Registry was already getting inquiries from couples wanting to get married on October 10 next year and has booked special function rooms for the occasion near its Chippendale headquarters.
The cost of getting married at the Registry is $330 from Monday to Friday and $420 on Friday evenings and weekends.
New Designing Out Crime Centre opens
Issued Friday 16 October 2009
Bomb-resistant bins, bus seating that discourages vandalism and anti-graffiti laneways are among the concepts where were unveiled today at the official launch of the Designing Out Crime Research Centre in Sydney, said Member for Miranda and Parliamentary Secretary for the Attorney General, Barry Collier.
Mr Collier said the centre was a joint project between the NSW Government and the University of Technology, Sydney. The Government is funding the research centre over three years, providing annual grants of $450,000 until 2010.
“Over the past 12 months, the research centre has been working on products and environmental designs that aim to deliver creative and cost effective solutions to crime problems,” Mr Collier said.
“Now the centre has a dedicated space, where academics and students from different disciplines including industrial design, fashion and law can collaborate on projects that pre-empt crime and deter criminal behaviour.”
He said students from the centre are developing a bin design that would discourage people from depositing explosive devices and would minimise the impact of any explosions.
“The bomb squad would also be able to slide an x-ray into a separate section of the bin and scan its contents without disturbing any potentially explosive devices,” Mr Collier said.
He said the bomb-resistant bin is expected to be more cost-effective than similar bins on streets and railway platforms of major cities overseas, which can cost about $50,000 each.
“The design has the potential to help government agencies and local councils keep their streets clean without compromising public safety.”
The research centre has also developed a new bus seating design to increase natural surveillance on public transport.
“With seats lining the perimeter of the bus, passengers would be facing one another and the increased visibility would help discourage vandalism and other criminal behaviour,” Mr Collier said.
Other projects being developed include:
- A city laneways project using digital art installations to brighten dark areas and deter vandals
- Redesigning fencing and landscaping at Shalvey Community Centre at Mt Druitt to reduce vandalism and increase community pride
- A lockable laptop computer holder to prevent theft at UTS Library
New magistrate for the NSW Local Court [ 20kb]
Issued: Wednesday 14 October 2009
NSW Attorney General John Hatzistergos today announced the appointment of Teresa O’Sullivan to the bench of the NSW Local Court.
Ms O’Sullivan has been practising criminal and civil law for more than 20 years and was named Children’s Lawyer of the Year at the National Children’s and Youth Law Centre Awards in 1997.
Since graduating from Queensland’s University of Technology with a Bachelor of Laws in 1986, Ms O’Sullivan has worked as a solicitor in NSW, Queensland, Northern Territory and the United Kingdom.
Mr Hatzistergos said Ms O’Sullivan’s experience representing people from diverse and disadvantaged communities would be valuable.
She spent five years working with Indigenous people in Central Australia. In 2002, she was appointed solicitor in charge of the Central Australian Aboriginal Family Legal Unit in Alice Springs.
Since returning to Sydney in 2003, Ms O’Sullivan worked as the Solicitor in Charge of Legal Aid’s Children’s Legal Service until taking her current position as Senior Advocate and Solicitor in Charge of Legal Aid’s Coronial Inquest Unit.
Ms O’Sullivan will be sworn in as a magistrate on November 30.
“I congratulate Ms O’Sullivan on her appointment and look forward to her contribution to the Local Court,” Mr Hatzistergos said.
New magistrate for the NSW Local Court [ 113kb]
Issued: Wednesday 7 October 2009
NSW Attorney General John Hatzistergos today announced the appointment of John Chicken to the bench of the NSW Local Court.
“Mr Chicken is an accomplished barrister, with 25 years’ experience in the legal profession,” said Mr Hatzistergos.
Since graduating from University of Otago with a Bachelor of Laws in 1983, Mr Chicken has appeared extensively as a criminal advocate in the Local, District and Supreme Court of NSW.
In 21 years appearing in the NSW jurisdiction, Mr Chicken has acted in hearings before the Mental Health Review Tribunal, the State Parole Authority and in statutory commissions.
He also appeared extensively in the Wood Royal Commission into the NSW Police Service and subsequently appeared in numerous Police Integrity Commission and Independent Commission Against Corruption hearings.
In 1999, Mr Chicken commenced practice at the private criminal bar.
“I congratulate Mr Chicken on his appointment and wish him every success in the role,” Mr Hatzistergos said.
“His strong background in criminal law will no doubt be an asset to Local Courts in NSW.”
Mr Chicken will be sworn in as a magistrate on November 2.
$87 million waiting to be claimed from estates [ 33kb]
Issued: Monday 5 October 2009
Attorney General John Hatzistergos said more than $34 million from deceased estates was given to unsuspecting beneficiaries in the last financial year, after they were tracked down by the NSW Trustee & Guardian.
Mr Hatzistergos said the agency had distributed the money to 957 beneficiaries who were named in wills or were relatives of people who died without a will.
“The Trustee & Guardian makes exhaustive inquires to make sure that deceased estates go to rightful heirs and next of kin,” said Mr Hatzistergos.
He said the agency had a special Genealogy Unit which was tasked with finding beneficiaries and in the past had tracked down next of kin as far away as Denmark, Scotland and Canada.
Some $87 million in deceased estates is currently being held by the Trustee & Guardian waiting to be claimed.
Are you an heir of one of the following?
- Helen Spence, of Burwood, who passed away in 1999, aged 89, with an estate now valued at $942,000.
- Edward Ward, of Balmain, who passed away in 1996, aged 53, with an estate now valued at $906,000.
- Albert Organ, of Padstow, who passed away in 2001, aged 85, with an estate now valued at $863,200.
Interested persons should check the agency’s website (www.pt.nsw.gov.au) for a full list of unclaimed estates.
Mr Hatzistergos said the Rees Government recently made it easier to distribute estates by recognising cousins as eligible heirs to the estates of people who die without wills.
The entitlement of first cousins comes, in order of importance, after spouses and children; parents; siblings; grandparents; and aunts and uncles.
“The new law widens the pool of people who can inherit in NSW and recognises that some other jurisdictions in Australia include first cousins in the distribution list under intestacy laws,” said Mr Hatzistergos.
Mr Hatzistergos said the new laws also ensured that spouses automatically inherit the estates of their partners when there is no will.
Two new magistrates for NSW Local Courts [ 24kb]
Issued: Wednesday 23 September 2009
Attorney General John Hatzistergos today announced the appointment of Mark Buscombe and Ian Cheetham to the bench of the NSW Local Court.
Mr Buscombe is a barrister practising at Forbes Chambers, Sydney. He was admitted as a solicitor in 1982 and was called to the Bar in 1997.
Before going to the Bar, he was Director of the Civil Forfeiture Division of the NSW Crime Commission from 1990 to 1993, and the Senior Assistant Director with the Commonwealth Director of Public Prosecutions’ office in Sydney from 1993 to 1997.
“As a barrister, Mr Buscombe has practiced almost exclusively in criminal matters, appearing for both government agencies and the accused,” said Mr Hatzistergos.
“He has considerable experience in fraud and white collar criminal matters.”
Mr Cheetham was admitted as a solicitor in 1978 and is currently employed by the firm Clayton Utz in Canberra.
He was appointed an accredited specialist in business law by the Law Society of NSW in 1996, and was the president of Southern Tablelands Solicitors Association between 2003 and 2005.
“Mr Cheetham has advised on complex business and commercial transactions, and has experience in both criminal and planning law.”
“He has had 27 years experience as an advocate in the Local Court, and has also appeared in the District and Supreme courts.”
Mr Hatzistergos congratulated Mr Buscombe and Mr Cheetham, and wished them every success in their new roles.
$1 million Gosford Court renovation complete [ 24kb]
Issued: Friday September 18 2009
Attorney General John Hatzistergos and the Member for Gosford Marie Andrews today opened the $1 million renovation of the Gosford Courthouse.
Mr Hatzistergos said that jurors, people with a disability and victims of crime will be among the court-users to benefit from the completion of the renovation.
"These new facilities will help ensure that the community has faster and easier access to court services in a user-friendly environment," Mr Hatzistergos said.
He said the new-look registry featured a public computer and printer, allowing court users to access legal information online.
"Court users can also browse the registry’s new information boards, which contain useful material about court processes and support services".
Mr Hatzistergos said other court facilities have been modified to ensure people with a disability are able to serve on jury trials.
“The registry also has a split-level counter, with the lower level providing easy access for people using a wheelchair.”
Member for Gosford Marie Andrews welcomed the completion of the courthouse renovation, particularly facilities for victims of domestic violence.
“Victims will have access to their own waiting room, equipped with a kitchenette and bathroom facilities, as well as an interview room next door,” Ms Andrews said.
“The layout of the jury assembly area and deliberation room has also been improved to minimise juror contact with the general public.”
Ms Andrews said the renovations recognised Gosford as an important urban centre in the region that required modern court facilities.
“Court services have been provided in Gosford since the Central Coast’s first court facilities were constructed in the early to mid-1800s.”
“It is encouraging to see that Gosford’s court facilities are continuing to improve and keep pace with the city’s growth,” Ms Andrews said.
Camps to steer Lismore teens away from violence [ 24kb]
Issued: Thursday 17 September 2009
Attorney General John Hatzistergos said the Rees Government had given Lismore City Council a $48,000 grant for a program to strengthen support and cultural pride for local young Aboriginal men.
He said the Red Dust Healing program will hold a series of camps for Aboriginal males, aged 13 to 18, identified as at risk of becoming involved in crime.
“This program aims to reach out to Aboriginal teenagers, who are having problems, and steer them back on track,” said Mr Hatzistergos.
“The camps will help Lismore teenagers strengthen their cultural identity, re-engage them in education and teach conflict management skills.”
Mr Hatzistergos said that during the retreats, participants will learn about their heritage and take part in exercises to improve their self esteem and learn how to resolve disputes peacefully.
Country Labor MLC Ian West said the program would help to address the over-representation of young Aboriginal people in custody.
“Instilling cultural pride in troubled Aboriginal teenagers is crucial to getting them back on the right path in life,” Mr West said.
He said Lismore City Council developed the program following consultations with Bundjalung Elders, police and the local community.
Some of the camps will be attended by young Aboriginal male school students, while at least one other will be held for teenagers who are no longer in school. Each camp will accommodate up to 12 participants.
The program will be managed by Community Connections North Coast, which is a major provider of services to young Aboriginal people in Lismore.
Mr Hatzistergos said the Rees Government would continue to support grassroots crime prevention projects.
“The NSW Government has set aside $1.61 million in the current financial year to help councils implement strategies to create safer communities,” he said.
Homeless to do charity work to pay off fines [ 108 kb]
Issued: Tuesday 15 September 2009
Homeless and disadvantaged people in the community will be able to pay off fines by doing charity work or treatment programs under a scheme to be officially launched today by the NSW Attorney General John Hatzistergos.
“For people who are homeless, mentally ill or chronically poor the accumulation of debt through unpaid fines can be a real impediment to getting their lives back together,” Mr Hatzistergos said.
“This program offers people experiencing hardship the chance to pay off debt and avoid being drawn into the criminal justice system.”
Mr Hatzistergos said the NSW Government has begun a two-year trial to allow disadvantaged people such as the homeless, mentally ill and persons experiencing acute financial hardship to apply for a Work and Development Order from the SDRO.
He said a wide variety of organisations have applied to take part including large charity groups, youths services, drug and alcohol services, neighbourhood centres and mental health service providers from across the State.
“This trial is strongly backed by many of the state’s key charity groups including The Salvation Army, St Vincent de Paul Society and Youth Off the Streets,” he said.
“The first participants have been issued with Orders and the early signs are that this program will make a real difference in helping some of our most vulnerable groups.”
Mr Hatzistergos said the Orders could require a person to undertake voluntary work for approved charities, counselling, drug and alcohol treatment or complete educational, vocational or life skills courses.
“This program aims to address a phenomenon known as ‘secondary offending’, which occurs when disadvantaged people can’t pay their fines and descend deeper into the criminal justice system,” he said.
Captain Paul Moulds of The Salvation Army’s Oasis Youth Support Network said:
“For far too long young people have been excluded from participating in the community because of the debts and fines they incurred while in crisis or homeless. “
“This new scheme will provide an opportunity for these young people to reconnect with the community and move forward with their lives.”
St Vincent de Paul Society’s Chief Executive Officer NSW/ACT, John Picot, said they welcomed the opportunity to participate in the scheme.
“These are innovative measures that will allow people who can’t afford to pay their fines to give back to the community in a meaningful way,” Mr Picot said.
Father Chris Riley, CEO and Founder, Youth Off The Streets, said the first participants in the scheme are showing positive signs of improving their lives.
“Work and Development Orders have provided an extra incentive for young people to keep regular contact with our Counsellors, giving them the best chance at making a full recovery from their addictions,” he said.
Julie Hourigan Ruse, Co-ordinator of the Homeless Persons' Legal Service, said the scheme will help lift the financial burden on many homeless people.
“This scheme will allow our clients to participate in volunteer work or treatment programs that will have long lasting benefits beyond the payment of the debt.”
Mr Hatzistergos said the Work and Development Order scheme was part of a package of reforms to the state’s Fines Act last year designed to assist vulnerable groups in society.
The changes were based on recommendations made by the Sentencing Council in its 2006 report on the effectiveness of fines as a sentencing option.
Court ordered drug treatment cuts re-offending [ 25kb]
Issued: Thursday 4 September 2009
NSW Attorney General and Minister for Health John Hatzistergos today welcomed the new report showing an innovative program to treat drug abuse by criminal defendants has successfully reduced re-offending rates in NSW.
The Bureau of Crime Statistics and Research (BOCSAR) released its evaluation of the court-based drug treatment program, Magistrates Early Referral into Treatment Program or MERIT, yesterday.
“The report demonstrates that MERIT significantly reduces the likelihood of re-offending by defendants with drug problems compared with defendants who don’t undertake the program,” said Mr Hatzistergos.
The report found the re-offending rate for defendants who completed the program was 12% lower than for those with drug problems that did not participate.
“The MERIT program provides a genuine opportunity for adult defendants with drug problems to work towards rehabilitation and away from a life of crime.”
BOCSAR says it was likely that the actual decline in rates of recidivism among MERIT participants were even greater than its report suggested.
Mr Hatzistergos said participants in the program are recommended for the program by Magistrates, solicitors, police or the defendants themselves before sentencing and are then assessed by NSW Health.
“Based on the assessment, the defendant may be accepted into MERIT to receive targeted treatment, including drug counselling, therapy, welfare assistance and inpatient or outpatient detoxification”, he said.
He said magistrates then take account of the defendant's progress in the program as part of sentencing.
The NSW Government developed the MERIT program in response to recommendations from the NSW Drug Summit in 1999.
In 2000, the program was piloted in five NSW Local Courts and now operates in 61. By the end of March, 2009, 11,588 defendants had entered MERIT, 7100 had successfully completed it and 491 were still participating.
The BOCSAR report on MERIT can be found at www.bocsar.nsw.gov.au.
New DVD to help people experiencing mortgage stress [ 22kb]
Issued: Monday 24 August 2008
NSW Attorney General John Hatzistergos and Federal Minister for Financial Services, Superannuation and Corporate Law Chris Bowen have today launched a new DVD to assist homeowners facing mortgage stress.
Mr Hatzistergos said the DVD, Mortgage Rescue, explained the legal process and options available to people experiencing mortgage stress, in an easy to understand format.
“It is important that homeowners having trouble paying their mortgages seek advice about their options, sooner rather than later,” said Mr Hatzistergos.
“People who can’t afford to meet their regular payments can avoid having their homes repossessed if they understand their legal situation and act accordingly.”
He said LawAccess, a free NSW Government telephone service that provides legal advice, experienced a 30.3% increase in calls from people seeking assistance for credit and debt matters in the quarter ending March 2009, compared to the corresponding quarter in 2008.
The Credit and Debt Hotline, a service operated by the Consumer Credit Legal Centre, funded by NSW and Commonwealth, saw a 36% increase in calls in 2007, and a 104% increase in 2008. In 2009, calls have continued at levels similar to 2008.
Mr Bowen said the DVD would help homeowners, especially in Western Sydney, where the repossession of houses had been acute.
“It is inevitable that some people with mortgages, especially the recently unemployed, will experience difficulty meeting their regular repayments, as the economy continues to be impacted by the global recession,” Mr Bowen said.
“That’s why it is so important that people get good advice, and if need be, approach their lender to figure out a way of meeting their financial obligations.”
Mortgage Rescue will be available in public libraries across the State, and will be used to train community workers so that they understand the options available to consumers and can direct them to the appropriate services.
Homeowners who require immediate free legal advice on mortgage stress should call LawAccess on 1300 888 529 or the Credit and Debt Hotline on 1800 808 488.
The DVD is one of a number of initiatives targeting mortgage stress by Legal Aid NSW. The Mortgage Stress Handbook was launched in January and so far more than 11,500 copies have been distributed.
Mortgage Stress forums have also been held in locations including Wagga Wagga, Newcastle, Dapto, Rooty Hill, Gosford and Parramatta.
Speedy online justice to improve Local Court [ 25kb]
Issued: Sunday 16 August 2009
Busy local courthouses will be hooked up to a revolutionary online computer system, increasing efficiency and ensuring swift justice, Attorney General John Hatzistergos announced today.
This month, 55 of the State’s largest local courthouses will be given access to the new JusticeLink system, and will automatically share details on all criminal matters with other justice agencies and higher courts.
“Magistrates and registry staff working in local courthouses across NSW process hundreds of cases everyday,” said Mr Hatzistergos.
“Despite having the heaviest workload in Australia, the Local Court of NSW has the lowest backlog, according to the Productivity Commission.”
“To ensure that criminals continue to be brought to justice in a timely manner, and to reduce the chance of clerical error, it is important that information about court cases be shared between agencies electronically.”
In 2008, more than 280,000 criminal matters were finalised in NSW local courts.
Mr Hatzistergos said as part of JusticeLink, court attendance notices will be downloaded from the police to the courts on an hourly basis, while the outcomes of court proceedings are transferred back to police twice daily.
Local Courts will also electronically share case files with the District and Supreme courts, which have already been connected to the system.
Mr Hatzistergos added that in coming weeks electronic information about fines and traffic offences will be instantly available to the courts, the Roads and Traffic Authority and the State Debt Recovery Office. Another 70 regional courthouses will be connected to JusticeLink in coming months.
In some higher courts, prosecutors and defence lawyers have the ability to log into a JusticeLink bulletin board, where they type their arguments. The judge is alerted to their posts by email and then logs in to make determinations.
Mr Hatzistergos said that while all substantial proceedings and trials continue to be conducted in courtrooms, JusticeLink had reduced the need for some basic procedural matters to be heard in court.
In a separate announcement, Mr Hatzistergos said a new law has commenced, creating a single entity known as the Local Court of NSW.
“Under the single Local Court of NSW, parties will be able to file papers or request information regarding their matter in any courthouse in NSW.”
Two new magistrates for NSW [ 24kb]
Issued: Wednesday 12 August 2009
NSW Attorney General John Hatzistergos today announced the appointments of Glenn Walsh and Ellen Skinner to the bench of NSW Local Courts.
“Mr Walsh is an accomplished barrister, with 26 years’ experience in the legal profession,” said Mr Hatzistergos.
Since graduating from Sydney University with a Bachelor of Laws in 1982, Mr Walsh has appeared extensively in all NSW courts, including the criminal and civil jurisdictions of the Local, District and Supreme Courts. He served on the Criminal Law Committee of the NSW Law Society from 1992 until 1996.
Mr Walsh has been at the Bar since 2003 and before was a solicitor in private practice.
“Ms Skinner, at the age of 33, has achieved considerable success and is currently the managing solicitor of the largest office of the NSW/ACT Aboriginal Legal Service.”
During her legal career, Ms Skinner has served as a solicitor for the Office of the Director of Public Prosecutions and the Legal Aid Commission of NSW, where she worked at offices in Tamworth and Sydney. She joined the Aboriginal Legal Service in 2007 and is responsible for all matters in the service’s busy Redfern office.
Ms Skinner has regularly appeared in Local, Children’s, District and Supreme Courts. She has also has worked closely with victims of crime and people from disadvantaged backgrounds.
“I congratulate Ms Skinner and Mr Walsh on their appointments and look forward to their contributions to the Local Courts of NSW,” Mr Hatzistergos said.
The new magistrates will be sworn in on August 24.
Major review of the rights of victims of crime in NSW [ 153kb]
Issued: Wednesday 12 August 2009
Victims of crime are being asked to have their say on how the law can be strengthened to better protect their rights, Attorney General John Hatzistergos announced today.
“We want to hear from victims of crime as well as the wider community on what works well and what can be improved with the NSW Charter of Victims Rights,” Mr Hatzistergos said.
“The Charter is now 13 years old and will be reviewed and revised to ensure it accurately reflects the needs and expectations of victims today.”
Mr Hatzistergos said the NSW Government led the way on protecting the rights of victims in the criminal justice system with the introduction of the Charter of Victims Rights into the Victims Rights Act in 1996.
“We are building on our strong record of protecting the rights of victims of crime and are committed to ensuring their voices are heard in all areas of government,” he said.
“A revised charter may include performance standards for government agencies, supported with practical guidelines, to ensure victims are properly consulted and informed of decisions within a reasonable timeframe.”
The review, being conducted by the Department of Justice and Attorney General, will examine how the Charter may be improved including whether the current definition of a victim is adequate under the Victims Rights Act.
Under the existing Charter, a person’s immediate family are only regarded as victims if the person dies as a result of the crime.
The review is seeking submissions from victims, families and friends of victims, victims groups, service providers, lawyers and the wider community.
The NSW Charter of Victims Rights is based on the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
“The Charter aims to promote and protect the rights of victims of crime and sets out how government agencies should treat and assist victims,” Mr Hatzistergos said.
The Charter requires that victims are: treated with dignity, compassion, cultural sensitivity and respect; given access to welfare, health, counselling and legal assistance; informed of relevant police investigations and court processes; protected from the person accused of causing them harm; and entitled to claim compensation if they are a victim of assault.
To obtain a copy of the consultation paper on the NSW Charter of Victims Rights contact Victims Services on (02) 8688 5511 or email: vct@agd.nsw.gov.au. Submissions close September 4. An online survey is also available at www.lawlink.nsw.gov.au/vs.
Plagiarism passes for opposition policy [ 25kb]
Issued: Tuesday 11 August 2009
The Opposition has today revived a policy which it famously plagiarised from a Melbourne law journal last year, said Attorney General John Hatzistergos.
Barry O’Farrell has told the Daily Telegraph he would introduce the policy, on the appointment of judges and magistrates, if he was elected Premier.
“The public deserves original ideas from the Leader of the Opposition, not reheated rubbish,” said Mr Hatzistergos.
The policy, released by the Member for Epping, Greg Smith, last year, said:
While there is as yet no definitive empirical evidence on whether such commissions have increased the quality of judicial appointments, it is significant that they have been perceived as having had this effect.
In 2003, the Melbourne University Law Review said:
While there is as yet no definitive empirical evidence on whether such commissions have increased the quality of judicial appointments, it is significant that they have been perceived as having had this effect.
The policy is also lifted from a book called The New Judiciary.
Mr Hatzistergos said the NSW Government was proud of its judicial appointments policy, which included use of an independent panel to review potential appointees and consultation with stakeholders.
“I challenge Mr O’Farrell to identify a single magistrate or judge who he claims is a crony.”
Mr Hatzistergos said Mr O’Farrell also told the Telegraph today that he would review sentencing laws but didn’t say in what way.
“Greg Smith told the Sydney Morning Herald in January he’d go soft on crime if elected, so we can only assume that Mr O’Farrell wants to shorten sentences.”
Chief Justice to head corruption inquiry in Caribbean [ 20kb]
Issued: Monday 27 July 2009
NSW Supreme Court Chief Justice James Spigelman will head a major corruption inquiry in Antigua and Barbuda, Acting Attorney General Verity Firth announced today.
Ms Firth said Chief Justice Spigelman will travel to the Caribbean island nation later this month to investigate allegations of international fraud. The inquiry has no connection to Australia.
“It is alleged that money launderers used offshore banks, involving financiers from Europe who acted with high ranking politicians and public servants,” she said.
After his initial trip, Chief Justice Spigelman will return for hearings later in the year, which would last for approximately two or three weeks.
The government of Antigua and Barbuda will pay for the Chief Justice’s airfares, as well as his accommodation and expenses.
The President of the NSW Court of Appeal, Justice James Allsop, will act as Chief Justice while Chief Justice Spigelman is overseas.
Major upgrade of Supreme Court building
Issued: Monday 13 July 2009
Premier Nathan Rees today announced that $69 million will be spent upgrading NSW Supreme Court building in Queens Square, creating 350 jobs over four years.
Mr Rees said the upgrade of the Law Courts Building would preserve the Supreme Court’s status as the preferred forum for commercial litigation in Australia.
“This is an important project, which will not only bring business to NSW, but will provide 350 jobs, both on and off-site, as construction work takes place,” Mr Rees said.
“This is part of the NSW Government’s commitment to support jobs and stimulate the economy.”
Mr Rees said the Law Courts building had served the community well and been host to most of State’s high profile cases, since it was built 30 years ago.\
“However, the building needs to be upgraded to keep pace with modern dispensation of justice, including the shift toward electronic stored and presented evidence, and the increase in long trials involving multiple parties,” Mr Rees said.
Mr Rees said the $69 million upgrade of the Supreme Court, which occupies 10 floors of the Law Court Building, will go towards upgrading:
- 29 courtrooms while a 30th courtroom, the Banco Court, will receive a major overhaul;
- All courtrooms with new audio visual technology including television monitors, microphones and cameras;
- All public waiting areas, toilets and seating;
- Windows in the building to improve environmental performance;
- The Registry and public counters, office areas for staff, refurbishing the public foyer and judicial chambers;
- Services including emergency lighting, sprinklers and smoke detectors, general light and power;
- Signage throughout the building including an electronic court listing system.
In 2005, the NSW Government allocated $55.4 million to undertake urgent works on the base building and common areas.
At the same time, the Commonwealth approved $130 million to complete its share of base building and common area upgrade along with the complete refurbishment of all its floors.
This work is expected to be completed in 2012.
The additional $69 million follows $26 million of State Government money that was announced in the recent budget to complete fire and safety works.
The NSW Government has also recently completed $6 million of work to refurbish Level 9 of the building, which includes four courtrooms.
New laws target billion dollar ID crime industry [ 160kb]
Issued: Saturday 11 July 2009
Attorney General John Hatzistergos today announced the Rees Government proposes to introduce tough identity crime laws to crack down on the billion dollar personal fraud industry, built on new cyber technologies.
Mr Hatzistergos said the laws would create new identity offences, which would carry up to five years imprisonment, and allow police to target criminals who possess or trade in personal information for the purpose of committing fraud.
Mr Hatzistergos said the proposed laws would also simplify fraud and forgery offences, and double the maximum penalty for serious fraud to 10 years in prison.
“Identity thieves who use emerging technology to perpetrate fraud, are responsible for a crime wave that is costing Australians approximately $1 billion a year,” said Mr Hatzistergos.
“These proposed laws would identify new types of fraud and give law enforcers the ability to stay on the heels of the faceless cyber criminals who are committing them.”
The Australian Bureau of Statistics (ABS) last year found 450,000 Australians lost a combined $997 million to personal fraud in the previous year. The ABS said the crime wave was the result of the rapid expansion of internet technology, and electronic data sharing and storage.
Mr Hatzistergos said the new offences would make it a crime to use or trade any information that identifies a person, such as their name or address, driver licence, PIN or password, for the purpose of committing a secondary offence.
Under the proposed laws it would also be an offence to use everyday devices such as scanners, printers and laminators to produce fake identity documents in order to commit crimes.
Using devices to skim personal details from credit or debit cards, which are sometimes attached to ATMs, would also be specifically targeted by the laws.
“Criminals who once forged cheques are now using skimming devices and digital voice technology to steal people’s banking details and empty their accounts.”
Mr Hatzistergos said emerging cyber scams include “Phishing” (using fake electronic communication to elicit personal details), “Vishing” (using automated voice telephone calls to request identity information), and “Carder Forums” (web forums where criminals trade credit card and other personal information).
The proposed laws will be put out for public consultation until late August and the Government intends to introduce them to Parliament in the Spring Session.
Courts given greater say in sentences on appeal [ 24kb]
Issued: Saturday 11 July 2009
NSW Courts will no longer be bound by a sentencing principle which has limited their discretion in imposing different sentences on appeal, under laws to be introduced by the NSW Government.
Attorney General John Hatzistergos said the laws will withdraw the principle of ‘double jeopardy’ as it applies to sentencing in Crown appeals.
“The reform will have the effect of giving judges of higher courts, such as the Court of Criminal Appeal, greater discretion in determining sentences on appeal where an original sentence may have been inadequate,” he said.
Under the existing principle, when an appeal court increases a sentence imposed by the lower court, they must restrict the increase to the lower end of the scale.
This principle, known as ‘sentencing double jeopardy’, will be overturned in an amendment to crimes legislation.
“Our reform will remove the principle of double jeopardy in sentencing to help ensure courts are empowered to see justice is more fully served in sentences on appeal,” the Attorney said.
The reform is part of a national approach recommended by the Council Of Australian Governments (COAG) Working Group on Double Jeopardy.
Mr Hatzistergos said the laws will also be amended to allow a third or subsequent retrial in the rare instance that an acquittal in a double jeopardy retrial is ‘tainted’.
A ‘tainted’ acquittal is one where an accused person interferes with a juror or a witness or evidence in an attempt to escape justice.
In 2006, the NSW Government passed laws abolishing the rule against double jeopardy for life sentence offences where there is ‘fresh and compelling evidence’, or for offences with sentences over 15 years where there is a tainted acquittal.
“NSW was the first state to reform double jeopardy laws and our leadership on this issue has seen other states follow,” Mr Hatzistergos said.
“We have carefully monitored the operation of the new laws and have decided to bring forward further reforms to this significant area of criminal law.”
Operation to target high incidence of petrol theft [ 36kb]
Issued: Friday 10 July 2009
Attorney General John Hatzistergos has today taken part in the launch of a new operation to crackdown on petrol theft, which has emerged as a major problem.
Under Operation Tabella, police will distribute special one-way screws to stop thieves stealing number plates, before reattaching them to their own cars, filling up with petrol and driving away without paying.
Mr Hatzistergos said the Attorney General’s Department was contributing $20,000 to the operation, which was targeting petrol theft in south west Sydney.
“Fraud in the only crime category on the increase in NSW, and studies show it is directly related to the high cost of petrol.”
Mr Hatzistergos said the Bureau of Crime Statistics and Research (BOCSAR) recently found that for every 10 cents per litre added to the average monthly petrol price, an extra 120 reported incidence of NSW petrol station fraud occur that month.
“Securing numbers plates with irreversible screws is a simple, cost-effective way to reduce the theft of petrol from service stations in areas of Sydney which have been hard-hit by the global recession.”
Mr Hatzistergos said as part of Operation Tabella, police planned to fit one-way screws to 12,000 vehicles over five days, on July 24 and 25, and on August 7, 8 and 9.
He said motorists will be encouraged to come to designated stations where the screws will be fitted by police and community volunteers at no charge.
There will be approximately 30 fitting stations over the five days. The locations are available at www.crimeprevention.nsw.gov.au or www.police.nsw.gov.au
Operation Tabella complements the work of the Attorney General’s Department which has provided funding for theft resistant screws to be fitted to more than 15,000 vehicles over the last six months.
Mr Hatzistergos said aside from fitting one-way screws to their number plates, motorists should deter would-be thieves by not leaving valuables in their cars.
Sydney barrister appointed a District Court judge [ 21kb]
Issued: Wednesday 8 July 2009
Sydney barrister, Michael Bozic, SC, has been appointed a judge of the District Court of NSW, Attorney General John Hatzistergos announced today.
Mr Bozic has practised law for 30 years, including 28 years as a barrister. He was appointed a Senior Counsel in 2000.
“Mr Bozic has practised extensively in medical and health law and has appeared in various inquests and commissions of inquiry, including the Royal Commission into Deep Sleep Therapy at Chelmsford Hospital and the Walker Commission of Inquiry into Camden and Campbelltown Hospitals,” Mr Hatzistergos said.
“He also has considerable experience in common law, particularly in relation to workplace accidents.”
Mr Bozic graduated from the Australian National University (ANU) in Canberra with honours in a Bachelor of Laws in 1978, after obtaining a Bachelor of Arts from ANU two years earlier.
In his early years at the Bar he appeared in criminal trials in NSW and the Northern Territory and was also briefed in a number of ‘white collar’ prosecutions, including one of the first prosecutions for insider trading in Australia.
Mr Bozic has performed a substantial amount of pro bono work and is the Convenor of the Legal Panel of the NSW Council for Civil Liberties. He is an accomplished mediator and was among the speakers at a recent mediation workshop held by the NSW Bar Association.
Mr Bozic was a member of the Professional Conduct Committee of the NSW Bar Association from 2003 to 2005.
He will be sworn in as a judge of the District Court on July 20 and will replace Judge John Nield, who is set to retire.
“A practitioner of Mr Bozic’s calibre and experience will be a welcome addition to the bench of the District Court and I wish him well in his new role,” Mr Hatzistergos said.
Report backs NSW approach to serious sex offenders [ 46kb]
Issued: Tuesday 7 July 2009
The Rees Government will amend the law to ensure the first hand experiences of sexual assault victims are heard in court when judges are considering keeping offenders behind bars after their sentences have expired.
Attorney General John Hatzistergos said it was important Supreme Court judges listen to the statements of victims when they are weighing evidence to make Continuing Detention Orders (CDOs).
“Written statements provided by victims of sexual attack, who undergo enormous trauma, should be heard by judges when they are trying to decide whether to keep serious sex offenders off the streets,” said Mr Hatzistergos.
CDOs were introduced in 2006 to keep serious sex offenders, who have failed to undergo rehabilitation programs in prisons, after they have completed their sentences.
The amendment is one of 24 recommendations made by a Sentencing Council report, which supports the continued use of the Crimes (Serious Sex Offenders) Act 2006.
“The Rees Government welcomes the Sentencing Council’s report, which is an endorsement of our tough policy toward serious sex offenders.”
“The Government will continue to place a high priority on protecting the community from sexual predators, particularly those who are at a high risk of re-offending.”
Mr Hatzistergos said 24 orders have been imposed in respect of 18 serious sex offenders.
CDOs are used in cases where the offender has refused to participate in prison programs to address their behaviour. Sex offenders placed on Extended Supervision Orders (ESOs) are closely monitored in the community and may be required to wear an electronic tracking device.
Mr Hatzistergos said the Government would also amend the law to:
- Allow the court to make an additional ESO to come immediately after a CDO has expired.
- Allow the court to substitute CDOs and ESOs, if warranted.
The Sentencing Council recommended the laws enabling CDOs and ESOs be monitored on a long-term basis to determine whether they reduce rates of recidivism.
Other recommendations made by the Sentencing Council’s report involving amendments to the Crimes (Serious Sex Offenders) Act 2006 are also being considered as part of a statutory review of the law that is currently underway.
New funding will help local women seeking AVOs (Maitland) [ 26kb]
Issued: Friday 3 July 2009
Attorney General John Hatzistergos and Member for Maitland Frank Terenzini today announced new positions will be created to assist women at Maitland, Singleton, Cessnock and Muswellbrook Local Courts, after a funding boost for domestic violence advocacy.
Mr Hatzistergos said the three new advocacy workers will be recruited to work at the courthouses to assist women seeking Apprehended Domestic Violence Orders.
“Domestic violence is an abhorrent crime that destroys families and often thrusts women and children into the justice system for the first time in their lives,” said Mr Hatzistergos.
“The new advocacy workers will help women seeking Apprehended Domestic Violence Orders and will provide referrals to counselling, housing and material aid services that may be of assistance.”
Mr Terenzini said Carrie’s Place Women and Children’s Services had been awarded the funding to continue running the Women’s Domestic Violence Court Advocacy Program.
Carrie’s Place will receive $241,288 for the 2009/2010 financial year, up by $156,785 on last year.
“The additional advocacy workers will provide greater access to this vital service for vulnerable women and children in the Hunter Valley,” said Mr Terenzini.
Carrie’s Place chairperson Ruth Smith said the additional funding would allow the organisation to expand its support to women at Muswellbrook courthouse for the first time.
“The additional funding will also allow us to assist women during hearings, as opposed to just on list days, for domestic violence matters,” said Ms Smith.
She said the organisation planned to use part of the funding to extend the service to the local Aboriginal community.
The Rees Government has increased funding across the State by $2.7 million, up to a total of $7 million a year, extending the Women’s Domestic Violence Court Advocacy Program to more than 100 courthouses.
New funding will help local women seeking AVOs (Newcastle) [ 26kb]]
Issued: Friday 3 July 2009
Attorney General John Hatzistergos and Member for Newcastle Jodi McKay today announced the Hunter Women’s Domestic Violence Court Service had been awarded a major funding boost to continue running an important local program.
Ms McKay said the service will receive $356,061 for the 2009/2010 financial year, up by $165,939 on last year.
“Four new specialist advocacy workers will be recruited to provide court advocacy services to women seeking Apprehended Domestic Violence Orders,” Ms McKay said.
Ms McKay said the new positions will assist women at Newcastle, Toronto, Belmont and Raymond Terrace Local Courts.
“Going to court to seek a domestic violence order can be a daunting experience for a woman who is trying to escape from a violent relationship,” Ms McKay said.
“The additional advocacy workers will provide greater access to this vital service for vulnerable women and children in the Hunter region.”
Attorney General John Hatzistergos said domestic violence was an abhorrent crime that destroyed families and often thrust women and children into the justice system for the first time in their lives.
“As well as helping women seeking Apprehended Domestic Violence Orders, the additional workers and will provide referrals to counselling, housing and material aid services that may be of assistance.”
Hunter Women’s Domestic Violence Court Service Coordinator Pam Lorimer said the additional funding would allow the organisation to expand its support to women at Raymond Terrace courthouse for the first time.
“The additional funding will also allow us to assist women during hearings, as opposed to just on list days, both for domestic violence orders and criminal matters,” said Ms Lorimer.
She said part of the additional funding will be used to recruit specialist workers to provide enhanced service to local Aboriginal communities, and culturally and linguistically diverse communities.
The Rees Government has increased funding across the State by $2.7 million, up to a total of $7 million a year, extending the Women’s Domestic Violence Court Advocacy Program to more than 100 courthouses.
IR Judge appointed to NSW Supreme Court [ 20kb]
Issued: Thursday 2 July 2009
Industrial relations judge Monika Schmidt has been appointed a judge of the Supreme Court of NSW.
During a 30-year legal career, Justice Schmidt has been a partner at two Sydney law firms, practising primarily in industrial and employment law. She has also lectured in industrial law at Sydney University.
Justice Schmidt was appointed a judge of the Industrial Court of NSW and a deputy president of the Industrial Relations Commission of NSW in 1993. She was also appointed as a deputy president of the Australian Industrial Relations Commission in 1998.
Justice Schmidt has been a member of the Judicial Commission's Standing Advisory Committee on Judicial Education since 1996. Mr Hatzistergos said she has also facilitated sessions for judicial officers on communication skills in the courtroom.
“Concise communication in court is crucial to ensuring cases are dealt with efficiently. Justice Schmidt’s skills in this area will be valuable in the Supreme Court, which deals with some of the State’s most complex cases,” Mr Hatzistergos said.
Justice Schmidt has experience on the bench of the Supreme Court, where she worked as an Acting Judge for almost four months earlier this year.
“I congratulate Justice Schmidt on securing a permanent position at the Supreme Court and wish her every success in her new role,” Mr Hatzistergos said.
Justice Schmidt will be sworn in as a Supreme Court judge in a private ceremony on July 27.
Renovation of Parramatta Courthouse complete [ 36kb]
Issued: Wednesday 1 July 2009
Attorney General John Hatzistergos and the Member for Parramatta Tanya Gadiel today opened the newly renovated Parramatta Courthouse.
Mr Hatzistergos said the $14 million renovation had been completed on budget and on schedule.
“The building has undergone a 21st century makeover internally, with all public areas refurbished and new videoconferencing technology installed in most courtrooms,” Mr Hatzistergos said.
He said the revamped building, which comprises nine courtrooms, included a new callover court for short procedural matters.
Mr Hatzistergos said videoconferencing enabled the court to hear bail applications made from prison and evidence from witnesses who are overseas or otherwise unable to attend court.
“A new ‘safe room’ will provide witnesses and victims of crimes, such as domestic violence, with a secure place to wait before their matter comes before the court.”
He said the Local Courts registry has been redesigned to make services simpler, faster and easier to access.
“A public computer terminal will enable court users to browse legal information on the internet, while display boards will contain details about legal resources and support services,” Mr Hatzistergos said.
A separate registry has been built for the NSW Drug Court, which will conduct all of its hearings in a dedicated courtroom. A Deputy State Coroner will also be based at the courthouse and will use one of the courtrooms to hold inquests.
Other improvements to Parramatta Courthouse include:
- Six new or refurbished holding cells
- Five new or refurbished rooms for the legal profession to interview clients
- Improved disability access throughout the courthouse
- A new roof
- A fire safety upgrade
- New prisoner transfer lifts
Ms Gadiel said the project would provide a major boost for the area.
“Because Parramatta has had the second highest Local Court workload in NSW, the new facilities will be a welcome addition for court users,” she said.
“With the District Court moving into the Parramatta Justice Precinct, Local Courts will have access to six state-of-the-art courtrooms, which is two more than they previously occupied at the courthouse.”
She said the courthouse upgrade provided the finishing touches to the revitalisation of the city’s legal precinct.
“Parramatta already has the largest Children’s Court in NSW and the most secure trial court complex. With the completion of this courthouse, the city now has first class Local Court, Drug Court and Coroner’s Court facilities.”
“This means that most cases that begin in Parramatta will be finalised here, whereas in the past many cases had to be transferred to other facilities in Sydney’s CBD.”
Study finds more juveniles held on remand [ 27kb]
Issued: Wednesday 1 July 2009
Laws limiting frivolous repeat bail applications and increased policing of bail have led to more juvenile defendants being held on remand, Attorney General John Hatzistergos said today.
A NSW Bureau of Crime Statistics and Research report shows that increased bail enforcement by police and new laws to stop ‘judge shopping’ led to a 32 per cent increase in the number of juveniles held on remand between 2007 and 2008.
“In 2007, the Government introduced laws to prevent accused persons from ‘judge shopping’ through the making of repeat and frivolous applications for bail”, said Mr Hatzistergos.
“The move followed instances of repeat applications for bail based on unchanged factors, which were causing distress to victims and wasting court time.
“Under these provisions, while an accused person may still seek a review or appeal of a bail decision in a higher court, they are prohibited from making a repeat application in the same court unless new facts or circumstances arise.
“I am advised that a narrow interpretation of these provisions may have led some legal practitioners to delay making bail applications in an attempt to ensure that their client’s ‘one chance’ at bail was not wasted.
“This has meant some offenders are spending longer periods of time on remand prior to making an application for bail.
“In other cases where an accused person has initially been refused bail, fresh applications are not being made even where there are new facts or circumstances”.
Mr Hatzistergos said the Government would amend the Bail Act to clarify that an accused person can make a fresh application for bail if new facts or circumstances arise, or if there is new information to present to the Court.
“In the case of juveniles, new information permitting a fresh application would include a report from the Department of Juvenile Justice or the Department of Community Services”, he said.
“But if an accused person has no new facts, circumstances or information to present to the Court, then making a repeat application for bail is simply a waste of the Court’s time and can cause unnecessary anguish and stress to victims”.
Mr Hatzistergos said the Government was also developing alternatives for dealing with juveniles who come into contact with the law.
“The Department of Juvenile Justice has been allocated $7.3 million over four years to develop a bail hotline for an after-hours bail placement service, which would provide alternatives to remanding young people in custody”, he said.
Fee relief for mentally ill and people with disabilities [ 24kb]
Issued: Wednesday 1 July 2009
Attorney General John Hatzistergos today announced further fee relief for clients of the Office of the Protective Commissioner (OPC).
He said the news coincided with the commencement of a new law to amalgamate the OPC and the Public Trustee, which will now be called the NSW Trustee & Guardian.
As of today, the Rees Government will reduce the annual cap that the OPC can charge its clients for management fees from $50,000 to $15,000.
“The reduction in fees for clients of the Protective Commissioner recognises the Government has an obligation to provide fair and equitable services, especially when it comes to vulnerable members of the community,” said Mr Hatzistergos.
The reduction follows those implemented in April following recommendations by the Independent Pricing and Regulatory Tribunal (IPART).
They included capping the 4% annual income fee for privately managed clients at $2,000 and removing the 50% threshold test for pension income for privately managed clients.
Another IPART recommendation being implemented today will see a small increase in the fee for account keeping from $100 to $200, or $300 for complex accounts.
The Protective Commissioner is an independent office responsible for managing the financial affairs of approximately 9,000 people with a disability or mental illness.
The Public Trustee acts as executor in deceased estates, provides legal and financial services to some 27,000 clients annually and has made over 900,000 wills.
As part of the amalgamation, the existing branch structure of the Public Trustee will enable clients of the Protective Commissioner to access services beyond metropolitan Sydney in places such as Gosford, Newcastle, Armidale, Broken Hill, Lismore, Port Macquarie, Wollongong and Bathurst.
Imelda Dodds, the current Protective Commissioner and Public Guardian, has been appointed the acting CEO of the NSW Trustee & Guardian.
New Deputy Senior Crown Prosecutor for ODPP [ 108 kb]
Issued: Wednesday 1 July 2009
Experienced Crown Prosecutor, Richard Herps, has been appointed as a new Deputy Senior Crown Prosecutor with the Office of the Director of Public Prosecutions (ODPP), Attorney General John Hatzistergos announced today.
“With 30 years of experience as a solicitor, a barrister and later a Crown Prosecutor, Mr Herps brings a wealth of experience to this role,” Mr Hatzistergos said.
Since his appointment as a Crown Prosecutor with the ODPP in 1990, Mr Herps has prosecuted more than 250 cases at Penrith Courts including cases dealing with child sex, shootings and armed robberies.
In 2002, he came to Sydney where he appeared in sentence appeals in the Court of Criminal Appeal before commencing trial work in the Supreme Court later that year.
His casework in 2003 resulted in the highest sentence ever imposed in NSW for drug manufacturing and supply in a case against members of the Nomads outlaw motorcycle gang in Newcastle.
Early in his career, Mr Herps worked in private practice at Penrith before joining Legal Aid as a solicitor for three years appearing in Family Law and Criminal Law cases.
“Mr Herps has served the legal profession with dedication and integrity throughout his career and his elevation to Deputy Senior Crown Prosecutor for the ODPP is a well-deserved accolade,” the Attorney General said.
Mr Herps commences his appointment on July 2, 2009.
Youth Conduct Orders to arrest juvenile crime [ 33kb]
Issued: Sunday 28 June 2009
Teenagers who commit anti-social offences such as graffiti, possession of knives, possession of liquor and theft will be put on orders to restrict their behaviour and deter them from re-offending, NSW Attorney General John Hatzistergos said today.
“This is a tough new approach to tackling youth crime and getting young people to face up to their anti-social behaviour before they embark on a life of crime,” he said.
“The Youth Conduct Orders can impose strict limits on offenders’ movements and behaviour such as enforced curfews, school attendance requirements and non-association orders.”
Mr Hatzistergos said the two-year $1.4 million trial begins next Wednesday, July 1 in the New England, Campbelltown and Mount Druitt local area commands.
“The rollout of this Australian-first scheme demonstrates the NSW Government’s commitment to cutting crime and re-offending among our youth,” the Attorney said.
“It mobilises the resources of key government agencies to deal with troubled young offenders aged 14 to 17 before they wind up in detention.
“The scheme zeros in on the underlying causes of anti-social behaviour in youths’ family and school lives to try to divert them from spiralling into a life of crime.”
Under the pre-sentence scheme, young people who commit low-level anti-social offences can be placed on a Youth Conduct Order.
The order, which could apply for up to 12 months, would subject offenders to intensive case management. Conditions of the order could include:
- Strict limitations on the offenders’ movements and behaviour
- School attendance requirements
- Non-association orders, such as not mixing with gang members
- Drug and alcohol programs or referral to treatment for mental health problems.
Mr Hatzistergos said the orders require young people to work with their families to address the causes of their behaviour. In addition, families may be given extra help with parenting support and housing.
“Offenders risk facing even tougher penalties including juvenile detention if they fail to comply,” he said.
NSW Police Minister Tony Kelly said police wholeheartedly supported the orders because they would facilitate finding local solutions to youthful anti-social behaviour.
Increased use of free dispute mediation services [ 24kb]
Issued: Saturday 20 June 2009
Attorney General John Hatzistergos said the number of minor legal disputes that were referred to the NSW Government’s free mediation service increased by 16% on last year for the March quarter.
He said the number of referrals from courts, and government and non-government agencies rose from 1,030 for the three months to March 2008 to 1,190 for the same period in 2009.
“Disputes over boundary fences, faulty goods and services, trees and noisy animals are, regrettably, part and parcel of daily life,” said Mr Hatzistergos.
“However, resolving them often involves lengthy court proceedings and exorbitant lawyer fees.”
Mr Hatzistergos said instead of going to court disputes could be mediated by accessing the Government’s network of Community Justice Centres (CJCs).
“Mediation can help resolve disputes quickly and cheaply and is becoming increasingly popular.”
Mr Hatzistergos said mediation was sometimes more effective in dispute resolution and offered a greater range of solutions than courts.
In the last 12 months CJCs received more than 3,000 referrals concerning neighbourhood disputes, and organised more than 1,400 mediations. During that time, 70% of mediations organised by CJCs ended in agreement.
Mr Hatzistergos said most referrals to CJCs were made by Local Courts. Others come from State Government departments, local government and non-government agencies.
CJCs are capable of mediating on any legal dispute apart from criminal matters and spousal domestic violence.
About half the matters mediated are neighbourhood disputes, with the remainder including disputes over goods and services, contracts for work, and workplace issues.
For more information, call 1800 990 777 between 9am and 5pm, Monday to Friday.
$3 million to establish new Information Commissioner [ 54kb] (News release from the NSW Premier)
Issued: Wednesday 17 June 2009
Premier Nathan Rees introduced freedom of information legislation today to deliver on a promise to make the Government as open and accessible as possible.
“The legislation is the last step in delivering on our promise to make landmark changes to make Government decisions transparent to the community,” said Mr Rees.
“The reforms provide for an Office of the Information Commissioner and we have committed $3 million for the establishment of this new independent body.
“The Commissioner will have the power to direct government agencies to provide the office with information, documents and records, to enter into premises to inspect records, and to call witnesses for the purposes of formal inquiries.
“The office will review decisions of agencies about releasing information and will report to Parliament on compliance with the legislation.
“The Information Commissioner will be dedicated to ensuring agencies understand and comply with their obligations under these new laws.
“The Government has also provided for ongoing annual funding of around $4 million to give the Commissioner the resources required to undertake these important oversight duties.
The Information Commissioner is a key part of a suite of reforms introduced to NSW Parliament today and three new bills were introduced including:
- The Government Information (Public Access) Bill which replaces the FOI Act and promotes pro-active disclosure of information.
- The Government Information (Information Commissioner) Bill which establishes a new, independent office of Information Commissioner.
- The Government Information (Public Access) (Consequential Amendments and Repeals) Bill which amends and consolidates other related legislation.
The Attorney General John Hatzistergos said that the interaction of privacy and freedom of information is being examined by the NSW Law Reform Commission.
“As we improve openness and accountability, we must ensure that the right of access to government information is balanced against the right to privacy,” said Mr Hatzistergos.
“As part of the future reform of privacy legislation, the Government intends to bring the Privacy Commissioner and the Information Commissioner together within a single office.”
Establishing the office of Information Commissioner separate from the Office of the NSW Ombudsman has received strong support from the NSW Law Reform Commission, the Privacy Commissioner, the Law Society of NSW and other stakeholders.\
Parliament passes court order debt repayment law [ 23kb]
Issued: Wednesday 17 June 2009
Legislation to reduce financial hardship for people whose wages are deducted as part of court orders to pay debts has been passed by the NSW Parliament, said Attorney General John Hatzistergos.
“It is important that people who are subject to these orders still have enough money for basic essentials including food, clothing and shelter,” Mr Hatzistergos said.
Currently, $305.12 of a person’s weekly wage is protected from a garnishee order, which is a court order that enables a creditor to automatically receive part of a debtor’s salary.
Mr Hatzistergos said the Rees Government would increase the protected amount by 25% to $389.10 per week.
Under the new law the protected portion of a person’s salary will now be the same as the weekly payment granted to a person receiving full workers compensation.
“Anything less than this amount could cause unreasonable hardship to people experiencing financial difficulty, especially during these uncertain economic times.”
The new law provides a balance between the rights of creditors and indebted people.
The wrong answer to the wrong question: the Charter of Rights and abuses of over-centralised power
Issued: Thursday 18 June 2009
Following the 2008 “2020 Summit” in Canberra, the federal government set up a process designed to resolve some of the ongoing debate about a Bill of Rights for Australia. Over the past few years, The Sydney Institute has conducted a number of discussions on the issue.
On 22 June, on the eve of the Frank Brennan report on the progress of the National Human Rights Consultation, NSW Attorney General John Hatzistergos MLC will further his argument against a Bill of Rights.
Date: Monday 22 June 2009
Time: 5.30 for 6.00 pm
Venue: Minter Ellison, Level 19, 88 Phillip Street, Sydney
RSVP: Telephone (02) 9252 3366, or email to mail@thesydneyinstitute.com.au
The Attorney General's speech to the Sydney Institute, 22 June 2009, can be found on this website >>
Sydney SC appointed Supreme Court Judge [ 20kb]
Issued: Wednesday 17 June
Sydney barrister David Davies, SC, has been appointed a judge of the Supreme Court of NSW, Attorney General John Hatzistergos announced today.
Mr Davies has practised as a barrister for 33 years, primarily in the areas of professional negligence, insurance, equity and probate.
He has appeared extensively in the Supreme Court, including in a case that is credited with saving the Archibald’s prize money.
JF Archibald left money in his will for the annual portrait prize, but in 1985, some 66 years after his death, a dispute arose over whether the prize was still a “good charitable bequest.” Representing the Trustees of the Art Gallery of NSW, Mr Davies was able to convince the court that it was.
Mr Davies also appeared in a case about the ordination of women priests in the Anglican Church, which ultimately established circumstances in which courts would and would not intervene in the internal affairs of churches.
Mr Davies has been the Convenor and Chairman of the Bar Association’s Examinations Working Party since 2003. The Working Party sets and oversees exams for lawyers seeking to become barristers.
Mr Hatzistergos said Mr Davies will be sworn in as a Supreme Court judge on June 29.
“I congratulate Mr Davies, SC, on his appointment and look forward to his contribution to the NSW justice system in the years ahead,” Mr Hatzistergos said.
Investing in better legal services for NSW [ 78kb]
Issued: Tuesday 16 June 2009
The Office of the Director of Public Prosecutions will be relocated under one roof in an $8.6 million investment in improving legal services in NSW.
Attorney General John Hatzistergos said the three separate locations for the ODPP will move to the former American Express building on Liverpool Street.
“The ODPP is currently located in three separate offices around the Sydney CBD; in Castlereagh, Pitt and Elizabeth Streets,” said Mr Hatzistergos.
“Bringing the staff together under one roof will integrate the ODPP's crown prosecutors with solicitors and support staff, and help make the office run more effectively and efficiently.”
Mr Hatzistergos said the Auditor General had recommended the ODPP take a cradle-to-grave approach which would require crown prosecutors and solicitors to work closely together for the duration of the case.
The move to the new office will take place in stages between July and November when leases on current office space expire. The total cost of the project is $13.2 million.
Mr Hatzistergos said other funds allocated as part of the NSW Budget will include:
- $6 million to continue the rollout of the Remote Witness Program, which will involve installing audio-visual equipment in 10 more courts
- $5.7 million to implement Legal eServices, a project to provide access to and exchange of information with the legal profession
- $3.7 million to develop the Joined Up Justice program, which will allow justice agencies to share information
- $2.3 million for child protection including $2.1 million for alternative dispute resolution in the Children’s Court and $165,000 for night patrols in remote Aboriginal communities
- $2.2 million to implement the Witness Assistance Service following its transfer of its administration from the ODPP to the Attorney General’s Department
- $890,000 for the refurbishment of the Public Trustee office in Sydney’s CBD.
Mr Hatzistergos said $12.6 million will also be spent on major works across NSW courthouses. Some of the works include:
- $1.8 million for the upgrade of the Law Courts Building in Queens Square. Specifically the funds will be used to refurbish Level 9 which is required to speed large civil Supreme Court matters
- $600,000 for Central Local Court to improve holding cells and security systems. The courthouse roof will also be fixed
- The Downing Centre will receive $400,000 to replace the fire sprinkler system, $200,000 to upgrade the air conditioning system and $150,000 to upgrade secure judge lifts
- $800,000 to refurbish Gosford Courthouse. The funding will be spent on improving the jury facilities, registry, disabled access, fire systems and toilets
- $500,000 to install a new lift, improve disability access and install new toilets at Lismore Courthouse
- $410,000 to upgrade Blacktown Courthouse which will include repairing the roof, automatic security gate and perimeter fencing
- $400,000 to improve disability access, access to cells and security at Toronto Courthouse.
Submission to the National Human Rights Consultation Committee
Issued: Tuesday 16 June 2009
The Attorney General John Hatzistergos has made a submission to the National Human Rights Consultation Committee. View submission ( 458kb) >>
New Commissioner of Land & Environment Court [ 24kb]
Issued: Monday 15 June 2009
NSW Attorney General John Hatzistergos today announced the appointment of Linda Pearson as a Commissioner of the Land and Environment Court.
Ms Pearson has 29 years experience in the law, in private practice, as a legal academic and as a legal or judicial member of a number of administrative review tribunals. She is currently a
part-time judicial member of the Administrative Decisions Tribunal.
“Ms Pearson has particular expertise in planning, environmental, local government, resource and administrative law and has published extensively in these areas,” Mr Hatzistergos said.
“She is a co-author of two of the leading books on planning and environmental law in NSW. Since 1990, she has also been the Natural Resources Editor of Australian Administrative Law and has published on aspects of mining law.”
Ms Pearson, who is also a trained mediator, will begin serving as a Commissioner of the Land and Environment Court on July 13. Another recently appointed Commissioner, Susan Dixon, will begin serving on July 6. Both appointments are for seven years.
Mr Hatzistergos said in addition to the wide experience that each of the new Commissioners brings to the planning, environmental and local government areas of the court, both are qualified to sit as Commissioners for Mining in the Land and Environment Court.
From April 7, 2009, the court assumed the civil litigation jurisdictions of the Mining Warden’s Court. These two appointments will bring to three the number of Commissioners qualified to sit as Commissioners for Mining.
“This will mean that the court can deal with civil mining litigation efficiently and with a greater degree of flexibility than in the past when only the Chief Mining Warden dealt with such cases,” Mr Hatzistergos said.
Waverley Court reaches out to Aboriginal community
Issued: Thursday 11 June 2009
Staff at Waverley Courthouse have launched a free outreach service to help La Perouse’s Aboriginal community with legal issues, NSW Attorney General John Hatzistergos announced today.
Court staff and an Aboriginal Client Service Specialist will attend Yarra Bay House at La Perouse from 2pm until 4pm on the first Monday of each month.
“The outreach service is useful for community members who may find it difficult to get to the courthouse, such as the elderly and people who don’t have access to a vehicle,” Mr Hatzistergos said.
Mr Hatzistergos said the service was also helping to break down barriers between the justice system and the Aboriginal community.
“Court staff are raising awareness among La Perouse’s Indigenous community about how courts operate and the services available to help people through the legal process,” Mr Hatzistergos said.
The outreach program provides information and assistance on a range of matters including:
- Apprehended Violence Orders (AVOs)
- Victims’ rights
- Neighbourhood disputes
- Mediation services
- Payment of court fines and recovery or payment of debts
- Bail applications and other court appearances
- Applications for birth, death and marriage certificates
- Power of Attorney and Enduring Guardianship applications.
Over the past two years, the NSW Government has introduced outreach programs across the state, including a service for Aboriginal people in Campbelltown, a service for the homeless in Sydney’s CBD and programs for people in remote communities in north-western NSW.
The Government has also expanded its free legal helpline LawAccess, which provides information and referrals for people who have a legal problem. The service is accessible by telephone on 1300 888 529 or online at www.lawaccess.nsw.gov.au.
Former Law Council President appointed a Judge [23kb]
Issued: Thursday 11 June 2009
Former Law Council of Australia president John North has been appointed a judge of the District Court of NSW, Attorney General John Hatzistergos announced today.
Mr North studied law at Sydney University and began his career as a solicitor in 1983. He is currently a partner in a law firm based in Dubbo and Sydney.
In 2000, Mr North served as president of the Law Society of NSW. He was also president of the Law Council of Australia from 2005 to 2006.
He is an executive member of the Law Council’s International Law Section, with responsibility for human rights.
Mr North has appeared extensively in the District Court and in almost all other NSW courts and tribunals. He has also acted in cases before a range of Commonwealth courts, including the High Court of Australia.
Throughout his 26-year career, Mr North has acted extensively in Legal Aid and pro bono matters including in Indigenous and child care fields.
Mr North will be sworn in as a judge of the District Court on July 29, 2009.
“I congratulate Mr North on his appointment. His broad experience in the law will prove a valuable asset on the bench of the District Court,” Mr Hatzistergos said.
John Hatzistergos MLC signs pledge to support the fight against heart disease
Issued: 10 June 2009
John Hatzistergos MLC recently joined ranks with fellow Parliamentarians in NSW and agreed to help raise awareness among women about heart disease.
At a Parliamentary breakfast hosted by the Heart Foundation on 4 June 2009 as part of its ‘Go Red for Women’ campaign, Mr Hatzistergos said: “Heart disease is the biggest killer of women, claiming the lives of 30 women every day.”
“And yet, in a recent survey conducted by the Heart Foundation, nearly 80% of women were unaware that heart disease was the leading cause of death among Australian women.
“The Heart Foundation is concerned that women tend to think of heart disease as a male problem and consequently may not be seeking vital health checks or taking action to reduce their risk.
“The good news is heart disease is preventable.
“The Heart Foundation Go Red for Women campaign outlines five healthy choices women can make to improve their heart health:
- Get regular checkups – when you next visit your GP or doctor ask for a heart disease risk assessment.
- Know your numbers – find out your blood pressure, cholesterol level and waist circumference - and check these regularly.
- Be smoke free - kicking the habit is the single most important thing you can do to reduce your risk and it is never too late to benefit from giving up.
- Enjoy healthy eating - include a variety of foods from different food groups.
- Be active every day - regular, moderate physical activity is good for the heart. The Heart Foundation recommends you include at least 30 minutes or more on most or all days of the week.
“The Heart Foundation is inviting all Australians to help raise awareness and funds by attending a Go Red for Women event or simply donating,” said Mr Hatzistergos.
Funds raised will go towards education and research into women and heart health.
Debt repayments eased for people in hardship [ 21kb]
Issued: Wednesday 10 June 2009
The NSW Government will reduce financial hardship for people whose wages are deducted as part of a court order to pay a debt, Attorney General John Hatzistergos announced today.
“It is important to ensure that a person still has enough money for food, clothing and shelter when they are paying off a debt,” Mr Hatzistergos said.
Currently, $305.12 of a person’s weekly wage is protected from a garnishee order, which is a court order that enables a creditor to automatically receive part of a debtor’s salary.
Mr Hatzistergos said the Rees Government would increase the protected amount by 25 per cent to $381.40 per week.
“The protected portion of a person’s salary will, from this point on, be the same as the weekly payment granted to a person receiving full workers compensation,” Mr Hatzistergos said.
“Anything less than this amount could cause unreasonable hardship to people in debt, particularly during uncertain economic times.”
Mr Hatzistergos said the Government had introduced a range of measures to assist people experiencing financial difficulties.
“The Government has introduced a program that enables disadvantaged community members such as the homeless, mentally ill and people experiencing acute financial hardship to do charity work or treatment programs to pay off their fines,” he said.
“The Government also recently launched The Mortgage Stress Handbook, produced by Legal Aid NSW, which offers practical advice for anyone in danger of losing their home.”
In addition, people with a legal problem can contact the NSW Government’s free legal information service, LawAccess by telephone on 1300 888 529 or online at www.lawaccess.nsw.gov.au
New agency to help the vulnerable with finances [ 24kb]
Issued: Friday 5 June 2009
Improved services to people with impaired decision-making ability will be one of the benefits from the merger of the Public Trustee and the Office of the Protective Commissioner, said Attorney General John Hatzistergos.
Legislation amalgamating the two agencies will be introduced into Parliament today (Friday 5 June 2009).
“Both agencies provide similar services, including legal and financial management services,” said Mr Hatzistergos.
“This legislation will create a strong new organisation that will build on the existing strengths of both offices; harmonising its common functions.
The Protective Commissioner is an independent office responsible for managing the financial affairs of approximately 9,000 people with a disability or mental illness.
The Public Trustee acts as executor in deceased estates, provides legal and financial services to some 27,000 clients annually and has made over 900,000 wills.
In all other Australian jurisdictions, the Public Trustee or its equivalent can be appointed to manage the estate of a person incapable of managing their estate. The reason for the difference in NSW is historical and flows from the role of the Protective Commissioner originally being exercised by the Supreme Court.
Under the new legislation, a new agency to be called the NSW Trustee and Guardian will commence on July 1, 2009.
Mr Hatzistergos said clients of the Protective Commissioner will, in time, be able to access the network of Public Trustee shopfronts across the State.
He said as part of the legislation the new agency will be required to give top priority to the welfare of clients with disabilities and encourage the clients to live, as far as possible, a normal life in the community.
“The legislation gives greater protection to the rights of people with a disability and enables people with impaired decision-making capacity to live with dignity and as much autonomy as possible,” Mr Hatzistergos said.
The Legislative Council Standing Committee on Social Issues will further examine the laws relating to the management of estates of people incapable of looking after their affairs and the guardianship of people who have a disability.
Grieving families given more say in Coronial matters [ 34kb]
Issued: Thursday 4 June 2009
Grieving families will no longer have to wait for the outcome of lengthy Coronial proceedings when the cause of their loved one’s death is apparent, under new laws introduced into Parliament last night.
“Families mourning the loss of a loved one are often made to wait for the outcome of a post-mortem, even when the cause of death is clear,” Attorney General John Hatzistergos said.
“Any delay in laying a loved one to rest can have the unwanted effect of prolonging the pain and grief experienced by families.
“In appropriate circumstances, families will now have a greater say in how Coronial matters are dealt with so they can lay their loved ones to rest at the earliest opportunity.”
Mr Hatzistergos said around half the approximately 6,000 deaths each year that are reported to the coroner are the result of natural causes.
Specifically, the new Act will free up coroners to focus on necessary investigations promptly and professionally, while maintaining the dignity of the deceased, by:
- Allowing coroners to dispense with a post mortem if the deceased person died of natural causes and the family does not wish a post mortem to be conducted;
- Requiring coroners to consider whether the cause of death can be established through non-invasive means, such as a review of medical records or consulting with treating doctors;
- Obliging medical officers to establish the manner and cause of death using the least invasive procedure appropriate in the circumstances;
- Modernising the categories of deaths that must be reported to a coroner to reflect changes in medical technology and practices in other jurisdictions; and
- Giving grieving families a greater say as to whether certain deaths need to be reported to a coroner.
Other changes under the proposed new Coroner’s Act include:
- Requiring coroners to consider the impact on relatives of a deceased person when determining whether it is appropriate to grant a person access to a coroner’s file;
- Only allowing magistrates and Australian lawyers to be appointed as coroners; and
- Allowing coroners to conduct pre-inquest hearings in court to monitor the progress of investigations.
Martha Jabour from the Homicide Victims Support Group said the changes would ensure coroners can promptly focus on deaths that warrant their specialist attention.
“In many homicide cases, coronial investigations play a key role in uncovering key evidence which can lead to the charging and conviction of offenders”, she said.
President of the NSW Funeral Directors Association Phil Brookes said the changes would help grieving families cope with the loss of a loved one.
“Unnecessary delays with the coroner can frustrate people’s ability to grieve, obtain closure and move on with their lives when a friend or relative passes away”, he said.
President of the NSW Law Society Joe Catanzariti welcomed the new legislation.
“A Coronial Inquiry can be a very emotional time for all involved, including the Coroner, so any moves to make it less so are welcomed”, he said.
Mr Hatzistergos said the Bill had also received the support of the NSW Council on the Ageing, which represents the interests of older persons.
New Commissioner for Land & Environment Court [ 21kb]
Issued: Thursday 4 June 2009
NSW Attorney General John Hatzistergos today announced the appointment of Susan Dixon as a Commissioner of the Land and Environment Court.
Ms Dixon is currently a Senior Member of the Consumer, Trader and Tenancy Tribunal. Between 2004 and 2008, she was the Registrar of the Land and Environment Court. She has had 23 years experience as a solicitor in both private and public sector practice.
“During this period of legal practice, Ms Dixon worked extensively in the areas of planning, environmental, local government and resource law. In 2003, until her appointment as Registrar of the Court, she was a senior lawyer at the Department of Mineral Resources,” Mr Hatzistergos said.
Mr Hatzistergos said that Ms Dixon was also qualified and had relevant experience to sit as a Commissioner for Mining in the Land and Environment Court's mining jurisdiction.
From April 7, 2009, the court assumed the civil litigation jurisdictions of the Mining Warden’s Court.
Ms Dixon is a trained mediator and will enhance the capabilities of Alternative Dispute Resolution services offered by the Court, Mr Hatzistergos said.
Ms Dixon will take up her seven-year appointment on July 6.
New laws on inheritance pass Parliament [ 33kb]
Issued: Wednesday 3 June 2009
NSW Parliament has passed legislation to ensure spouses automatically inherit the estates of their partners when their partners don’t leave wills, said Attorney General John Hatzistergos.
“When people die without leaving a will, there is the potential for legal dispute as relatives fight over the estate,” he said.
“To defuse these emotional-charged situations and simplify the process of dividing an estate, it is important that intestacy laws accurately reflect community attitudes with regard to who should benefit.”
Mr Hatzistergos said previously estates of people who didn’t leave wills were divided between spouses and their children. Under the new laws children will not be automatically included in the inheritance unless they are from a previous relationship.
The changes reflect a Law Reform Commission survey which found that 75% of people who have a will leave everything to their spouse.
However, fewer than half of those who had children from previous relationships left everything in their will to their spouse. In around 30% of cases they left their entire estate to their children.
Mr Hatzistergos said under further changes to intestacy laws, cousins will now be recognised as eligible heirs to the estates of people who die without wills.
The entitlements of first cousins would come, in order of importance, after spouses and children; parents; siblings; grandparents; aunts and uncles.
“The new law will widen the pool of people who can inherit in NSW and recognises that a number other jurisdictions in Australia include first cousins under intestacy laws,” said Mr Hatzistergos.
Mr Hatzistergos said the estates of people in these circumstances would have previously gone to the Crown.
Intestacy is the default method of distributing someone’s estate; ideally people should have a valid will in place, however, 2008 survey by the Public Trustee found 45 per cent of people in NSW did not have a will.
New Deputy Director of Public Prosecutions [ 24kb]
Issued: Tuesday 2 June 2009
NSW Attorney General John Hatzistergos today announced he would recommend to the Governor of NSW the appointment of Donna Woodburne SC as the new Deputy Director of Public Prosecutions.
Mr Hatzistergos said Donna Woodburne SC, a Crown Prosecutor for the Office of the DPP since 1998, would become the first woman to be appointed as Deputy DPP.
“Ms Woodburne has prosecuted some of the most complex and sensitive cases heard in NSW Supreme Court in recent years,” he said.
“She is a vastly experienced trial and appellate counsel.
“This year she was counsel representing the DPP at the inquiry into the conviction of Phuong Ngo, the man found guilty of the murder of John Newman MP.
“I commend her professionalism and singular dedication to the service of the people of NSW and wish her every success in her new appointment.”
Ms Woodburne began her career as a solicitor with Turner Freeman Solicitors in 1987 before joining the Office of the DPP the following year.
During a legal career that has spanned more than 20 years, she has served the Office of the DPP faithfully as a solicitor, and later a barrister, before rising to the position of Deputy Senior Crown Prosecutor last year.
Ms Woodburne SC studied Arts and Laws at the University of Sydney, graduating in 1984 and 1987, respectively.
The appointment will be for seven years.
Free insurance advice clinic for storm victims [ 21kb]
Issued: Monday 1 June 2009
The NSW Government will provide a free drop-in advice session for people facing insurance difficulties along the Mid-North Coast in the wake of the recent floods, Attorney General John Hatzistergos announced today.
“The Mid-North Coast has been hit by two major storm events in past few months and many residents have suffered property damage,” said Attorney General, John Hatzistergos.
“After such a distressing event and the long clean-up afterwards, making an insurance claim can be confusing and stressful for families trying to put their lives back in order.
“To help ease some of the stress and in response to recent reports about the way in which some insurers may be handling claims, the NSW Government will hold a free insurance law advice clinic in Coffs Harbour this Friday morning.”
Legal Aid NSW has organised a special team of insurance law experts to be on hand to offer free advice to for anyone with questions regarding household, contents or motor vehicle insurance, Mr Hatzistergos said.
“A team of Legal Aid lawyers will be on hand to answer questions about insurance policies, how to make a claim and what options are available if a claim is refused,” he said.
For consumers whose claims have been refused, Legal Aid will be able to provide advice on how to lodge a complaint with the Financial Ombudsman Service.
“Residents are advised to make an inventory of damaged goods, including photos or video footage and keep records of where and when the water first came into the home and the levels it reached,” said Legal Aid NSW chief executive, Alan Kirkland.
“Residents are also advised not to dispose of damaged goods until they have been looked at by an insurance assessor.”
The free legal advice clinic will be held at Coffs Harbour Legal Aid Office, 41 Little Street, Coffs Harbour on Friday 5 June, 2009 from 9am to 1pm.
Drop-in or call the Coffs Harbour Legal Aid Office on 6651 7899 for an appointment.
Free advice is also available from Law Access NSW on 1300 888 529 and the Insurance Law Hotline on 1300 663 464.
Pacific Island Elders to help bring offenders to justice [ 24kb]
Issued: Monday 25 May 2009
NSW Attorney General John Hatzistergos today announced a new court program for Campbelltown that will give Pacific Island and Maori Elders a role in sentencing offenders from their community.
“Pacific Island and Maori Elders are highly respected within their communities and their involvement in the criminal justice process could help steer offenders back onto the right path,” Mr Hatzistergos said.
Mr Hatzistergos said the Pacific Elders program would build on the success of Forum Sentencing, which is an innovative court program that forces offenders to confront their victims and make amends.
“This new program will enable Pacific Island and Maori Elders to participate in Forum Sentencing, so in addition to confronting their victim, offenders must also answer to their community”, he said.
“Offenders will be made to face up to what they’ve done by listening to what their victims have to say and then correcting their wrongs.
“Elders join the victim to develop an intervention plan for the offender, which could include an apology, payment of compensation, community service work or drug and alcohol rehabilitation.
“A Magistrate may then take the plan into account when imposing a sentence. Offenders who fail to complete the program run the risk of being sent to jail.”
Mr Hatzistergos said Elders would also be able to participate in Youth Justice Conferencing, which is a similar restorative justice program for young offenders.
Serious offenders, such as those guilty of serious personal violence and sexual offences, are excluded from both programs.
Mr Hatzistergos said the Pacific Elders program would also allow Magistrates to refer cases dealt with through ordinary court processes to Elders for advice on sentencing.
“An Elder may also be present in court for sentencing, with a probation and parole officer assisting them, to respond to any questions from the Magistrate.
“This will enable the Magistrate to consider the community’s perspective on whether the offender acknowledges the impact of their offence on victims and their community.”
Mr Hatzistergos said the Elders program would help to break down barriers between Pacific Island and Maori communities and the justice system.
“I would like to commend Campbelltown Police and the Campbelltown Magistrate for helping to develop this regionally specific program,” he said.
Country NSW to get two new Children’s Court Magistrates [ 153kb]
Issued: Monday 1 June 2009
NSW Attorney General John Hatzistergos today announced that two additional magistrates with specialist skills and experience will be appointed to assist NSW Children’s Courts in rural and regional areas.
The NSW Government’s funding of the appointments implement a key recommendation of the Honourable James Wood in the Special Commission of Inquiry into Child Protection.
“The Government has acted quickly to ensure that children outside metropolitan areas get the benefit of the specialised knowledge of Children’s Court Magistrates in decisions about their care and protection” Mr Hatzistergos said.
“This was a key recommendation of the Wood Report and will allow the Children’s Court to better service more remote areas by allocating additional resources for rural circuits.”
Currently the Children’s Court sits at Parramatta, Glebe, Campbelltown, Woy Woy, Wyong, Broadmeadow, Port Kembla and Nowra and conducts sittings at a variety of country courts with specialised magistrates. The new magistrates will facilitate a significant expansion of country circuits particularly for more complex cases.
At a swearing-in ceremony at Parramatta Children’s Court this morning, Mr Hatzistergos welcomed the appointment of Judge Mark Marien as the first president of the NSW Children’s Court.
“The appointment of an experienced judge of the District Court recognises the importance the Government attaches to the Children’s Court jurisdiction, which deals with the care and protection of the most vulnerable children in society,” he said.
“The Government is delighted that Judge Marien SC has taken on this role to guide the Court through the most significant changes in its jurisdiction in a generation.’
Other major reforms coming out of the Wood Inquiry include the creation of more user-friendly court processes for parents and children by reducing technicality and increasing the use of Alternative Dispute Resolution.
“Alternative Dispute Resolution removes families and children from the adversarial court process and increases the likelihood of a negotiated outcome before having to go before the Court,” the Attorney General said.
In line with the Wood Inquiry, the NSW Government will be upgrading the data collection in the Children’s Court to assist the Department of Community Services.
First President appointed on the NSW Children’s Court [ 146kb]
Issued: Monday 1 June 2009
NSW Attorney General John Hatzistergos has welcomed the appointment of Judge Mark Marien SC as the first President of the NSW Children’s Court in a ceremony at Parramatta Children’s Court this morning.
“The appointment of an experienced judge of the District Court recognises the importance the Government attaches to the Children’s Court jurisdiction, which deals with the care and protection of the most vulnerable children in society,” Mr Hatzistergos said.
“The Government is delighted that Judge Marien has agreed to take on this role to guide the Court through the most significant changes in its jurisdiction in a generation.”
The creation of the new role was recommended by the Honourable James Wood in the Special Commission of Inquiry into Child Protection.
In his speech the Attorney also announced that two new Children’s Court Magistrates will be appointed to assist the Court service rural and regional NSW.
“The Government has acted quickly to ensure that children outside metropolitan areas get the benefit of the specialised knowledge of Children’s Court Magistrates in decisions about their care and protection” Mr Hatzistergos said.
“This was a key recommendation of the Wood Report and will allow the Children’s Court to better service more remote areas.
Currently the Children’s Court sits at Parramatta, Glebe, Campbelltown, Woy Woy, Wyong, Broadmeadow, Port Kembla and Nowra and conducts sittings at a variety of country courts with specialised magistrates. The new magistrates will facilitate a significant expansion of country circuits particularly for more complex cases.
Other major reforms include the creation of more user-friendly court processes for parents and children by reducing technicality and increasing the use of Alternative Dispute Resolution.
“Alternative Dispute Resolution removes families and children from the adversarial court process and increases the likelihood of a negotiated outcome before having to go before the Court,” the Attorney General said.
In line with the Wood Inquiry recommendations, the NSW Government will be upgrading the data collection in the Children’s Court to assist the Department of Community Services.
NSW Sheriff’s Office moves to Parramatta [ 21kb]
Issued: Monday 1 June 2009
The Office of the NSW Sheriff has become the latest in a long line of government agencies to set up headquarters in Parramatta, NSW Attorney General John Hatzistergos said today.
Mr Hatzistergos said eighteen staff including the executive and jury branch of the Sheriff’s Office moved into the Parramatta Justice Precinct today.
“The Sheriff’s Office has left its headquarters at the Downing Centre in Sydney’s CBD, where it was based for 18 years,” Mr Hatzistergos said.
“The shift to the state-of-the-art Justice Precinct offices at Parramatta brings the sheriffs closer to other justice agencies and enables staff to focus on further improving its services to the community.”
The Sheriff’s Office is part of the Attorney General’s Department and is responsible for court security, the administration of the jury system and for serving and enforcing a range of court orders.
“Sheriffs have existed in NSW for 185 years and while their role has evolved over time, their contribution to the administration of our justice system is as important as ever,” Mr Hatzistergos said.
“The new generation of Sheriff’s Officers are highly skilled and undergo more rigorous training than ever before.”
Member for Parramatta Tanya Gadiel said the trend of government agencies moving to Parramatta was enabling the city to grow in the face of a global economic downturn.
“Last month I attended the official opening of Sydney Water’s new headquarters in Parramatta and I am pleased to now welcome the Sheriff’s Office to the city,” Ms Gadiel said.
Attorney General’s Department agencies already located at Parramatta include the Registry of Birth, Deaths and Marriages, the Protective Commissioner, the Public Guardian and the headquarters of the network of Community Justice Centres. Other government agencies established in Parramatta include NSW Police, the Office of Fair Trading and the Office of State Revenue.
NSW Government acts on Coroner’s recommendations [ 134kb]
Issued: Sunday 31 May 2009
New procedures will ensure important recommendations from coronial inquests are followed up promptly as part of a more open and transparent process, NSW Attorney General John Hatzistergos said today.
“Coroners conduct inquests into death, fires and explosions and often make valuable recommendations to prevent similar incidents occurring in the future,” Mr Hatzistergos said.
“It is vital that the process of responding to Coroner’s recommendations and implementing them where necessary is completely open and transparent.
“That is why the Premier Nathan Rees will this week issue a memorandum to all NSW Ministers underscoring their responsibility to respond to coronial recommendations within six months.”
Under the new guidelines, NSW Government agencies who receive a recommendation from the coroner will be required to advise the Attorney General within six months on whether it will be adopted.
“These procedures will reduce the risk of any recommendations falling through the cracks,” Mr Hatzistergos said.
“While it is not always possible to implement the recommendation in the way that is suggested, government agencies will be required to publicly report on the outcome of each and every recommendation.”
Summaries of coroner’s recommendations and responses from ministers and public officials will be posted on the website of the Attorney General’s Department www.lawlink.nsw.gov.au every six months.
Mr Hatzistergos said publicising the outcomes of coronial recommendations may assist in the grieving process for families and friends of a person whose death prompted an inquest.
“It can be of comfort to a family who has lost a loved one to know that the tragedy of that person’s death will lead to changes to public health and safety standards or services provided by government agencies,” he said.
“Over the years, coroner’s recommendations have led to speed limits being reduced in school zones, dangerous stretches of roads being improved and changes to hospital procedures to protect patients from being given the wrong dose of medicine.”
Forum on prison sentences comes to Campbelltown [ 34kb]
Issued: Wednesday 20 May 2009
Attorney General John Hatzistergos and Juvenile Justice Minister, Member for Campbelltown Graham West today announced a free public education forum about how criminals are sentenced will be held in Campbelltown on Monday, 25 May.
Mr Hatzistergos said the Rees Government was committed to raising awareness among the community of how the criminal justice process worked.
“Many people are not aware NSW has the strongest sentencing regime in the country,” Mr Hatzistergos said.
He said the forum is a response to a survey by the NSW Bureau of Crime Statistics and Research (BOCSAR) and the NSW Sentencing Council which found many people were genuinely interested in knowing more about the justice system.
Mr West said the audience will hear insights from a former Supreme Court judge and a representative of victims of crime, as well as the facts on crime from BOCSAR.
“A panel of experts will give a firsthand account of what happens in court when an offender is sentenced and the reasons why the sentence is imposed,” said Mr West.
Guest panellists at the forum will include:
NSW Attorney General John Hatzistergos
- The Hon James Wood AO QC, a former NSW Supreme Court Judge, who is now Chair of the NSW Sentencing Council and the NSW Law Reform Commission
- Howard Brown from Victims of Crime Assistance League (VOCAL)
- Dr Don Weatherburn, Director of the NSW Bureau of Crime Statistics and Research.
Mr West will open the forum, which will include a short presentation followed by a questions and answers session led by a moderator.
The Campbelltown ‘Process of Justice’ Public Forum will be held at:
Venue: Campbelltown Civic Hall, Campbelltown Council, 91 Queen Street, Campbelltown
Time: 5:45pm – 7:45pm
Date: Monday, 25 May 2009
To register: Numbers are limited. Please register now by emailing communications@agd.nsw.gov.au.
Enquiries: (02) 8688 7631
Former Bar Association President appointed Judge [ 24kb]
Issued: Wednesday 20 May 2009
Former NSW Bar Association president, Michael Slattery, QC, has been appointed a judge of the Supreme Court of NSW, Attorney General John Hatzistergos announced today.
“With 31 years of experience as a barrister, Mr Slattery will bring a wealth of legal expertise to the Supreme Court,” Mr Hatzistergos said.
“He has practised in a wide range of areas including equity, commercial, administrative, personal injury and criminal law.”
Since being appointed Queen’s Counsel in 1992, Mr Slattery has appeared in a range of important cases, including the Commission of Inquiry into the conduct of James Hardie Industries in relation to its asbestos liabilities. He also conducted public examinations of the directors of One.Tel on behalf of liquidators.
Mr Slattery is a navy reservist, who served in the Northern Persian Gulf at the end of the Gulf War in 2003. He was the principal counsel assisting a Navy Board of Inquiry into the Sea King helicopter crash that claimed nine lives on Nias Island, Indonesia in 2005. He received Admiral’s commendations for exceptional service to the Navy in 1994 and in 2007.
Mr Slattery served as president of the NSW Bar Association and as a director of the Law Council of Australia from 2005 to 2007. He is also a former vice-president of the Australian Bar Association.
“Mr Slattery has made significant contributions to the legal profession and his elevation to the bench of the Supreme Court is well deserved. I wish him well in his new role.” Mr Hatzistergos said.
Mr Slattery will be sworn in as a Supreme Court judge on May 25.
New Deputy Chief Magistrate appointed [ 23kb]
Issued: Wednesday 20 May 2009
Magistrate Jane Mottley has been elevated to the position of a Deputy Chief Magistrate of NSW, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said Magistrate Mottley would replace Deputy Chief Magistrate Helen Syme who has been appointed a judge of the District Court of NSW.
“Magistrate Mottley is a highly regarded judicial officer who has served as a magistrate for almost a third of her 30 year legal career,” Mr Hatzistergos said.
“Her association with Local Courts dates back to 1979, when she began working as a registry clerk at North Sydney Courthouse.”
Magistrate Mottley was appointed a solicitor of the Supreme Court of NSW in 1989. She worked as a legal officer for the State Drug Crime Commission and a NSW Legal Aid duty solicitor before joining the bench of Local Courts in February 2000.
Magistrate Mottley served as a Children’s Magistrate between 2001 and 2003. She is currently based at Burwood Local Court.
Her appointment as a Deputy Chief Magistrate commences on 26 May 2009.
“I congratulate Magistrate Mottley on her appointment and anticipate that she will continue to make a valuable contribution to the NSW justice system,” Mr Hatzistergos said.
Plan to prevent crime in Marrickville [ 26kb]
JOINT STATEMENT by
Deputy Premier
Minister for the Environment and Climate Change
Minister for Commerce
CARMEL TEBBUTT MP
Attorney General
Minister for Industrial Relations
JOHN HATZISTERGOS MLC
Issued: Friday 15 May 2009
Attorney General John Hatzistergos and Deputy Premier, Member for Marrickville, Carmel Tebbutt today announced a plan to reduce crime in the Marrickville local government area, which has been endorsed by the Rees Government.
Mr Hatzistergos said Marrickville Council had been invited to apply for up to $100,000 to put the plan into practice.
He said safety audits would be conducted in crime hotspots to reduce the rate of offences such as steal from motor vehicle and alcohol-related crime.
Mr Hatzistergos said an education campaign would take place to warn the community about the dangers of leaving valuables, such as GPS devices and cash, in motor vehicles.
“Motorists should remove anything from their vehicle that might attract the attention of thieves,” Mr Hatzistergos said.
Marrickville Council’s Crime Prevention Plan will focus on three key areas:
- Addressing the causes of crime
- Making locations safer and more resistant to crime
- Reducing fear of crime, particularly among culturally and linguistically diverse communities.
Ms Tebbutt said other crime prevention strategies would include improving street lighting and upgrading parks to encourage community use of public space.
“Marrickville is known for its vibrant and diverse community and this plan will help to create a safer and more welcoming environment for everyone,” Ms Tebbutt said.
“The council’s strategies will not only have an impact on crime but will also contribute to the wellbeing of the community.”
She said the crime prevention plan was developed in partnership with the NSW Police Force, local community members and key service providers.
The Safety in Marrickville Consultative Committee, which includes representatives from a range of agencies including the Department of Housing, NSW Health, the Department of Education and Training and the Department of Community Services, was also involved in drafting the plan.
The Rees Government provides up to $1.61 million in grants to local councils each year to support innovative grass roots strategies which aim to reduce crime.
Second round of bikie laws pass Parliament [ 33kb]
Issued: Wednesday 13 May 2009
The NSW Parliament has tonight passed the latest round of legislation to combat criminal organisations.
Attorney General John Hatzistergos said the laws create a new offence of recruiting a person to be a member of a declared organisation, carrying a maximum penalty of five years imprisonment.
“Criminal organisations use ‘feeder groups,’ which are usually made up of younger members, to replenish and renew their ranks,” Mr Hatzistergos said.
“This new offence will make it more difficult for declared criminal organisations to recruit new members.”
Mr Hatzistergos said the new legislation will also include a “substituted service” scheme to allow police to use alternative means of notice when applying a control order on an individual, after other means of serving the order have been unsuccessful.
The scheme would extend the 28-service period and is aimed at preventing criminals from going underground to avoid being served.
The second round of legislation also includes:
- Giving power to the police to share confidential criminal intelligence concerning associates of declared criminal organisation members with high risk industry regulators. Industry licences to associates, who act as “front people,” will be refused or cancelled if the regulator believes improper conduct to further criminal activity is likely to occur.
- An amendment to the Surveillance Devices Act 2007 to authorise the use of intelligence obtained through a surveillance warrant to be used in proceedings to declare a gang or place a control order on a gang member.
Mr Hatzistergos said the new laws amended the Criminal Organisations Legislation Amendment Bill 2009 and other laws to give police the additional tools they need to combat criminal gangs.
“These new laws build on the legislation we have already passed and go further toward our aim of dismantling bikie gangs,” Mr Hatzistergos said.
The NSW Government recently passed laws to enable the declaration of criminal organisations and make it an offence for persons who are subject to a control order to associate.
Under the legislation, declared gang members who continue to associate can be imprisoned for two years for the first offence and five years for secondary offences.
Kempsey midnight basketball slam dunks crime [ 27kb]
Issued: Tuesday 12 May 2009
The NSW Government is investing almost $60,000 in innovative programs to steer young people away from crime and reduce domestic violence in Kempsey, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said one of the NSW Government’s grants would be used to start up a Midnight Basketball competition for young people who are at risk of being perpetrators or victim of crime.
“Midnight Basketball will operate on Friday nights, which is a period when young people are more likely to be exposed to crime,” Mr Hatzistergos said.
“During the eight-week program, participants who join in the games will be required to attend life skills workshops.”
The workshops cover topics such as drugs and alcohol, job seeking skills, staying healthy and anger management. Games will begin at 7.30pm at Kempsey PCYC and players will be taken home by bus afterwards.
“Midnight Basketball, which will be run by Kempsey Shire Council, aims to help young people improve their self esteem and learn about team work,” said Mr Hatzistergos.
Similar programs have been conducted in Redfern in inner Sydney, the United Kingdom and the United States.
Duty MLC Kayee Griffin said Kempsey Shire Council would also use government funding to conduct a domestic violence awareness campaign.
“The Knowledge=Power project will inform at-risk women about recent changes to the law that are helping to protect victims of domestic violence and bring offenders to justice,” Ms Griffin said.
“New guidelines have been rolled out across the state to fast track domestic violence cases through local courts, allowing victims to get on with their lives as soon as possible.
“In addition, the NSW Government has introduced laws that create a specific offence of domestic violence.”
Ms Griffin said The Knowledge=Power program will also engage local agencies to improve referral procedures for victims of domestic violence.
Kempsey will also receive a full-time domestic violence advocacy worker and an outreach office under the Government’s $2.7m expansion of the Women’s Domestic Violence Court Assistance Program.
The program provides support workers to assist women who go to court to obtain apprehended domestic violence orders, to give them advice and support through the process.
Funding for the North Coast area will rise by 74% from $155,573 to $271,193 and will expand from Kempsey and Coffs Harbour to include Bellingen and Macksville Local Courts for the first time.
Free information forum on mortgage problems at Wagga [ 26 kb]
Issued: Thursday 14 May 2009
NSW Attorney General John Hatzistergos today announced that Legal Aid NSW is hosting a free forum next Tuesday to help people in Wagga Wagga who are having difficulty paying their mortgages.
Mr Hatzistergos said the forum will provide members of the public with information on financial and legal issues, and to get confidential one on one advice from Legal Aid lawyers.
“People facing mortgage stress need to be aware that they have options available to them and that there are services they can turn to,” said Mr Hatzistergos.
“It is vital that people experiencing problems get advice quickly and take steps to remedy their situation.”
He said the forum will include tips for first home buyers on how to avoid getting into difficulties with mortgage payments.
“For most people, buying their first home is one of the most important decisions they will make so it’s important that they know what to look out for, and how to avoid problems.”
The Legal Aid Mortgage Stress Forum will run from 6.00 - 8.30pm on Tuesday 19 May at The Riverine Club, corner Sturt and Tarcutta Streets, Wagga Wagga.
The forum is free and open to anyone including service providers working with people in situations of financial hardship. People will also be able to get free, confidential, one on one legal advice from 7.00 pm.
“This forum will provide much needed advice and assistance to local residents, who are not alone in facing these sorts of issues.”
Legal Aid NSW also publishes the Mortgage Stress Handbook, a free user-friendly guide to assist people facing problems with their mortgage as well as a range of helpful brochures on the topic of dealing with mortgage stress, all of which are available at www.legalaid.nsw.gov.au.
Anyone requiring urgent assistance can call LawAccess NSW on 1300 888 529.
Free information forum on mortgage problems at Albury [ 39 kb]
Issued: Thursday 14 May 2009
NSW Attorney General John Hatzistergos today announced that Legal Aid NSW is hosting a free forum next Monday to help people in Albury who are having difficulty paying their mortgages.
Mr Hatzistergos said the forum will provide members of the public with information on financial and legal issues, and will offer confidential one on one advice from Legal Aid lawyers.
“People facing mortgage stress need to be aware that they have options available to them and that there are services they can turn to,” said Mr Hatzistergos.
“It is vital that people experiencing problems get advice quickly and take steps to remedy their situation.”
He said the forum will include tips for first home buyers on how to avoid getting into difficulties with mortgage payments.
“For most people, buying their first home is one of the most important decisions they will make so it’s important that they know what to look out for and how to avoid problems.”
The Legal Aid Mortgage Stress Forum will run from 6.00 - 8.30 pm on Monday 18 May at The Albury Club, 519 Kiewa Street, Albury.
The forum is free and open to anyone, including service providers, working with people in situations of financial hardship. People will also be able to get free, confidential, one on one legal advice from 7.00 pm.
Other community service providers participating in the forum include Upper Murray Family Care and the Albury Wodonga Community Legal Service.
“This forum will provide much needed advice and assistance to local residents, who are not alone in facing these sorts of issues.”
Legal Aid NSW also publishes the Mortgage Stress Handbook, a free user-friendly guide to assist people facing problems with their mortgage as well as a range of helpful brochures on the topic of dealing with mortgage stress, all of which are available at www.legalaid.nsw.gov.au.
Anyone requiring urgent assistance can call LawAccess NSW on 1300 888 529.
Resolving everyday legal disputes made easy [ 45kb]
Issued: Thursday 7 May 2009
Resolving everyday legal disputes could be made cheaper and quicker to according to a new discussion paper, released by Attorney General John Hatzistergos.
He said the Blueprint for Alternative Dispute Resolution (ADR) lays out a range of strategies to make it easier to resolve civil disputes, from neighbours arguing over fences and noise to commercial contracts disputes worth millions of dollars.
“Only a small number of these kinds of disputes get decided by a judge. But many people spend a lot of time and money preparing for court anyway,” said Mr Hatzistergos.
Mr Hatzistergos said the discussion paper will be used to inform future policy surrounding the use of ADR and its potential for expansion in NSW.
“One idea in the paper is to have a one-stop-shop so that people can more easily access information about resolving their everyday disputes without going to court.”
He said the strategies in the paper would build on free legal advice and mediation services provided by the NSW Government through the LawAccess helpline (1300 888 539) and a network of Community Justice Centres.
He said the discussion paper also outlined strategies for big businesses involved in major commercial disputes.
“The discussion paper suggests establishing Sydney as a centre for international arbitration including having organisational facilities, secretarial, computer and research support, located in a single location.”
He said other strategies outlines in the discussion paper relate to legal training, professional practice and case management.
Mr Hatzistergos said ADR reform was an important step toward streamlining civil procedure and will require support from government agencies, the courts and other key stakeholders.
“I encourage anyone with an interest in this area to comment on the strategies contained in the ADR Blueprint, as these will form the basis of future reforms.”
The paper is available on the Attorney General Department’s website in (MS Word format 483kb) or ( 325kb).
Submissions are due by May 29, 2009 and should be sent to:
Director ADR
NSW Attorney General's Department
Locked Bag 5111
Parramatta NSW 2124
Email: Natasha_Mann@agd.nsw.gov.au
Telephone: (02) 8688 7451
The Attorney General's speech 'Alternative Dispute Resolution and Tribunal Justice' delivered to the Council of Australian Tribunals, NSW Chapter on 22 May 2009 is located on the Attorney-General's speeches web page >>
House-breaking child sex offenders to face life [ 26kb]
Issued: Thursday 7 May 2009
Sexual predators that break into homes and have intercourse with children under 10 could die in jail under the toughest legislation of its kind in the country, announced NSW Attorney General John Hatzistergos.
“Children have a right to feel safe in their own homes. Breaking into a property to commit a sex offence against a child is an abhorrent crime,” Mr Hatzistergos said.
Sexual intercourse with a child under 10 carries a jail sentence of up to 25 years. Under the new legislation, being introduced to Parliament today, the maximum sentence will increase to life if the crime is committed during a break and enter.
The legislation builds on tough new sex crime laws passed through NSW Parliament in December and follows a shocking incident in Grafton when a man assaulted a young girl as she slept in her grandmother’s house.
“It is important we amend the law when crimes of this magnitude happen to ensure that the penalty is in proportion to what occurred.”
The new legislation also includes a provision to criminalize attempts to commit domestic violence offences including attempts to stalk, intimidate and breach AVOs.
Mr Hatzistergos said this will ensure police will be able to prosecute individuals while they are in the act of preparing to commit one of these offences.
“Preparations and attempts to commit stalking are just as serious as the act itself and will still be considered a crime.”
The legislation will also expand the Sentencing Council from 13 to 15 members, adding a wider range of backgrounds and bringing more experience to the important task of monitoring the length of sentences for criminal offences.
“The Sentencing Council acts as an expert body which advises and informs government about appropriate penalties for crimes,” he said.
Mr Hatzistergos said one of the new positions will require a candidate with expertise in criminal law or sentencing. The second position requires a candidate with academic or research expertise in the law or criminology.
No connection to book [ 22kb]
Issued: Monday 4 May 2009
There is no connection between the Attorney General’s office and the book “Where Did I Really Come From?”
Nor is there any connection between the Attorney General’s Department and the book.
The NSW Government has not funded or endorsed the book at any time.
Any assertion to the contrary is incorrect.
Plan to reduce crime in Canada Bay gets green light [ 32kb]
Issued: Friday 1 May 2009
NSW Attorney General John Hatzistergos and Member for Drummoyne Angela D’Amore announced today that the NSW Government had endorsed the City of Canada Bay’s crime prevention plan.
Mr Hatzistergos said the endorsement of the plan, which was produced by the City of Canada Bay Council, will make the council eligible to apply for up to $150,000 in funding over three years from the Attorney General’s Department.
“The council’s plan will bring together police, government agencies, local businesses and community groups in order to prevent and reduce crime,” said Mr Hatzistergos.
“Canada Bay is now eligible to apply for funding which will help keep crime in the area to a minimum.”
Ms Angela D’Amore said the council will conduct safety audits of problem areas, such as car parks, which will be used to target offences including steal from motor vehicle and robbery.
“The physical environmental can have a significant impact on the frequency of crime,” said Ms D’Amore. “Well lit, visible areas provide more chance of an offender being seen.”
Ms D’Amore said an education campaign to warn the community about the dangers of leaving valuables in motor vehicles is another key component of the plan.
“One of the measures we can take to reduce the chances of becoming a victim of crime is simply to ensure valuables are removed from parked vehicles,” said Ms D’Amore.
Other strategies in the crime prevention plan include:
- Expanding the existing rapid removal graffiti policy.
- Increasing patrols of licensed premises to reduce the likeliness of alcohol related assaults.
- Ensuring all development applications are given a crime risk assessment.
Canada Bay Council will be working with Burwood Council and Burwood Local Area Command to share resources and to implement some of the identified strategies.
Free legal advice in State’s west during Law Week [ 28kb]
Issued: Friday 1 May 2009
A legal services road show will tour Western NSW during Law Week to provide free assistance to people having legal problems, Attorney General John Hatzistergos said.
“Legal problems can cause considerable stress, yet in some cases all you might need is half an hour with a lawyer to determine a solution,” Mr Hatzistergos said.
Five legal service providers will accompany the road show, which will visit Dubbo (Sunday, 10 May), Coonamble (Monday, 11 May), Walgett (Tuesday, 12 May), Brewarrina (Wednesday, 13 May), Bourke (Thursday, 14 May) and Nyngan (Friday 15 May).
The services include Legal Aid NSW, Victims of Crime Bureau and LawAccess NSW, Older Persons Legal and Education Service and the Western NSW Community Legal Service.
“The road show will participate in open days at courthouses, deliver free talks for older people and host seminars about services available to victims of crime, and families and friends of missing people,” Mr Hatzistergos said.
“Assistance will also be available on issues including debt, discrimination, accidents, fines, insurance, access to children and child support.”
Mr Hatzistergos said the theme of Law Week 2009, which begins on May 11, is “The Law and Your Community.”
“These events aim to reach out to people in regional areas who might not be aware of the free legal services available to them,” Mr Hatzistergos said.
Legal Aid will also visit Aboriginal communities in Collarenebri (Monday, 11 May), Goodooga (Tuesday, 12 May), Lightning Ridge (Wednesday, 13 May) and Moree (Friday, 15 May) to publicise the approaching deadline for claims to the Aboriginal Trust Fund Repayment Scheme. Many Aboriginal people have yet to claim wages, pensions and child endowment payments that were held in trust by the NSW Government until 1969, and never repaid. The deadline for all claims in NSW is 31 May 2009.
Court House open days - Free legal information and assistance will be available at:
DUBBO COURTHOUSE
Sunday 10 May 2009
10.00 am – 2.00 pm
Brisbane Street, Dubbo | COONAMBLE COURTHOUSE
Monday 11 May 2009
3.00 – 4.30pm
Aberford Street, Coonamble | WALGETT COURTHOUSE
Tuesday 12 May 2009
10.30 am – 2.30 pm
Wee Waa Street, Walgett |
BOURKE COURTHOUSE
Thursday 14 May 2009
11.30 am – 2.30 pm
Oxley Street, Bourke | BREWARRINA MEMORIAL PARK
Wednesday 13 May 2009
11.00 am – 3.00 pm
Brewarrina | NYNGAN COURT HOUSE
Friday 15 May 2009
11.00 am – 12.00 noon
Cobar Street, Nyngan |
Amendments will streamline criminal trials [ 34kb]
Issued: Thursday 30 April 2009
The NSW Government will amend legislation to reduce the length of criminal trials following a landmark report from the senior ranks of the justice system, Attorney General John Hatzistergos announced today.
Mr Hatzistergos said one measure would give the court the power to order parties to meet before trial and identify the key issues for determination.
“NSW courts lead the nation in the timely disposal of criminal cases and the majority of trials are completed efficiently,” Mr Hatzistergos said.
“However, we can do more to reduce avoidable delays, which place a significant burden on the justice system and the taxpayer.”
Mr Hatzistergos said the amendments aimed to reduce the burden on juries, relieve the anguish for victims and cut costs to the court system and the parties.
The announcements follow the release of a report by the Trial Efficiency Working Group, which was formed last year to examine inefficiencies in criminal trials.
The Working Group, which consisted of three Supreme Court judges, the NSW Senior Crown Prosecutor, the Bar Association, directors of the Attorney General’s Department and others, made a number of recommendations. These include:
- Requiring prosecution and defence to exchange information immediately following committal.
- Allowing the court to order a pre-trial conference to determine if the prosecution and defence can agree on the evidence to be admitted.
- Allowing a party to provide a summary of the evidence from a witness where it wouldn’t prejudice the other party.
- Making it easier for the court to order the intensive pre-trial case management and disclosure of the facts and matters in dispute between the parties.
- Giving the court the power to order the parties to identify the issues for determination at trial.
Based on these recommendations, amendments to the Criminal Procedure Act 1986 will be introduced this Parliamentary session.
“Measures for pre-trial case management already exist for complex cases, but they are not being used frequently enough,” Mr Hatzistergos said.
“These amendments will relax the requirements of the Evidence Act and dispense with formal proof requirements where the issues aren’t in dispute.”
Screws tighten on number plate thieves [ 25kb]
Issued: Thursday 23 April 2009
Penrith motorists will be offered free anti-theft screws to secure their number plates, as part of a NSW Government-funded crime prevention program, NSW Attorney General John Hatzistergos announced today.
Penrith City Council will receive more than $83,000 in grants for the Plate Safe program and for an upgrade of the Jane Street car park near Penrith Station.
“Stolen registration plates are often used in robberies, petrol theft and in road toll evasion,” said NSW Attorney General John Hatzistergos.
“The rollout of one-way screws in Penrith will frustrate number plate thieves as they can’t be removed with a conventional screwdriver.”
A study by the NSW Bureau of Crime Statistics and Research (BOCSAR) showed 12% of stealing from motor vehicle incidents involved number plate theft. Number plates were the most common items stolen from vehicles in Sydney in 2007-2008, with 8414 incidents.
In crime figures released last week, BOCSAR found that fraud – which includes fuel theft – was one of only two crime categories which increased last year, up by 15.7%.
Member for Penrith Karyn Paluzzano said an upgrade of the busy Jane Street car park, including improved fencing and landscaping to reduce blind spots, would further help to combat theft from motor vehicles.
“Car parks are a common target for thieves wanting to break into motor vehicles, but improved environmental design can reduce theft and anti-social behaviour,” said Ms Paluzzano.
“Motorists can also help cut theft rates by removing valuables from their vehicle and ensuring that it is locked and the windows are wound up whenever it is not in use.”
The NSW Government has provided $315,000 in crime prevention grants (including the latest grants) to Penrith City Council since 2002.
“The council has consistently delivered innovative grass roots strategies to help make the Penrith area safer and a more attractive place to live and do business,” Ms Paluzzano said.
Government to work with victims and Hardie [ 25kb]
Issued: Thursday 23 April 2009
NSW Attorney General today said the Government would work closely with asbestos victims and James Hardie to do everything possible to ensure compensation payments continued to be paid.
“We are deeply concerned for victims and our first priority has and always will be to seek justice for them,” Mr Hatzistergos said.
“It is important that the company meets its legal and moral obligations.”
“The NSW Government will work closely with asbestos victims and James Hardie to examine all options to ensure the rights of current and future claimants are protected,” he said.
The Government recognises it is important that James Hardie remains solvent in order for claims to be paid to victims.
In November 2006, the NSW Government legislated for a Funding Agreement to be entered into between James Hardie and the Asbestos Injuries Compensation Fund Limited. The Agreement required the company to provide funding for personal injury claimants who have been injured by exposure to James Hardie asbestos in Australia. The Agreement is worth more than $1.5 billion in today’s dollars.
The Agreement was drafted to last 40 years and can be extended automatically beyond this period if required. The amount of funding to be paid each year is calculated based on updated actuarial reports and James Hardie’s cash flow. There is no cap on payments to individual claimants.
Under the James Hardie Former Subsidiaries (Winding up and Administration) Act 2006, the Fund may apply to the Supreme Court for an order approving payment by instalments or the deferral of payments under an “approved payment scheme”.
Free help for people with mortgage problems [ 26kb]
Issued: Wednesday 22 April 2009
NSW Attorney General John Hatzistergos said a free forum to help people having problems with their mortgages will be held at the Newcastle Panthers tomorrow night.
Mr Hatzistergos said the forum, being organised by Legal Aid, will provide a range of experts including financial counsellors and legal advisors to help homeowners who might be affected by the current financial crisis.
“The forum will also provide tips on avoiding mortgage problems for first home buyers” said Mr Hatzistergos.
The forum is free and open to all people who want to know what they can do if they are having difficulties paying their mortgage, or how to avoid getting into that situation in the future. The forum is also for service providers who are working with people in these situations.
The Legal Aid Mortgage Stress Forum will run from 6-8.30pm on Thursday 23 April at Newcastle Panthers, King St, Newcastle.
Speakers at the forum will present information on crucial financial issues currently affecting many homeowners and take questions from the public. People will also be able to get free, confidential, one on one advice from Legal Aid lawyers from 7-8.30pm.
Mr Hatzistergos said many people are worried about losing their jobs and what how they will cope with their mortgage payments if this happens.
“Expert advice will be made available to homeowners about possible options and on the importance of acting early if they are having problems with their mortgage” said Mr Hatzistergos.
Agencies taking part include the Consumer Credit Legal Centre, LawAccess NSW, community legal centres and financial counsellors.
Legal Aid NSW also publishes the Mortgage Stress Handbook, a free user-friendly guide to assist people facing problems with their mortgage as well as a range of helpful brochures on the topic of dealing with mortgage stress, all of which are available at www.legalaid.nsw.gov.au.
Anyone requiring urgent assistance can call LawAccess NSW on 1300 888 529.
Top 10 baby suburbs surprise results [ 37kb]
Issued: Tuesday 21 April 2009
Attorney General John Hatzistergos said Blacktown was the top Sydney suburb for new babies followed by Bankstown, Auburn and Merrylands. The top regional areas were Dubbo, Wagga Wagga and Orange.
He said the NSW Registry of Births Deaths & Marriages had today released the top 10 postcode areas for births in 2008. The suburbs and towns named in the list recognise the place where the mother usually resides.
“Blacktown has come out the clear winner, followed by Bankstown. The two Western Sydney suburbs have traded the top two positions for the last two years running,” said Mr Hatzistergos.
“Newcomers to the top 10 in 2008 include Liverpool and Guildford, edging out Baulkham Hills and Tamworth.”
He said 2008 was a busy year for Registry staff, recording 94,750 births in NSW. From 2000 to 2005 there was an increase of 3% in births, compared to an increase of 10% in between 2005 and 2008.
“While the number of birth registrations has increased, the ratio of boys to girls has stayed constant, with 51% male and 49% female,” said Mr Hatzistergos.
In 2008, the most popular baby names for boys were Jack, William and Lachlan, while for girls they were Mia, Chloe and Isabella.
In NSW, parents are required to register their child within 60 days of birth. Registering your child’s birth is free.
"Registering a birth is an important step in establishing a child’s identity,” he said.
“It helps in providing access to health and social services, and lays the foundation for future needs such as drivers’ licences and passports.”
To find out more about NSW birth registration, call 1300 655 236 or visit www.bdm.nsw.gov.au.
Top 10 baby suburbs* |
2008 stats** | 2007 stats** |
| Rank | No. of babies |  | Rank | No. of babies | |
| 1 | 789 | Blacktown | 1 | 715 | Bankstown |
| 2 | 739 | Bankstown | 2 | 680 | Blacktown |
| 3 | 699 | Auburn | 3 | 622 | Auburn |
| 4 | 645 | Merrylands | 4 | 591 | Merrylands |
| 5 | 603 | Dubbo | 5 | 568 | Wagga Wagga |
| 6 | 589 | Wagga Wagga | 6 | 532 | Orange |
| 7 | 560 | Orange | 7 | 495 | Dubbo |
| 8 | 504 | Quakers Hill | 8 | 474 | Tamworth |
| 9 | 494 | Guildford | 9 | 461 | Baulkham Hills |
| 10 | 494 | Liverpool | 10 | 459 | Quakers Hill |
Agreement on fines for lawyers who overcharge [ 30kb]
Issued: Friday 17 April 2009
The Standing Committee of Attorneys General (SCAG) today agreed to examine a list of proposals which would take action against law firms that overcharge and exploit their clients.
The proposals, which were put to the committee by NSW Attorney General John Hatzistergos, included one to impose financial penalties.
“Attorneys General have expressed their support for these proposals, which seek to better regulate the legal profession,” said Mr Hatzistergos.
“While the overwhelming majority of the legal profession act with integrity, there have been allegations of a number of lawyers grossly overcharging clients, particularly those with limited English-language skills.”
The following proposals were included in the resolution:
- Strengthening the existing provision that a written disclosure to a client may be in a language other than English if the client is more familiar with that language;
- Requiring law practices to provide periodic, itemised bills to clients in personal injury matters;
- Prohibiting law practices from seeking clients’ authorities to deduct legal costs from a settlement amount without having first informed the client of the settlement amount and issued the client with a bill (which must be itemised in personal injury matters);
- Providing that a bill or covering letter must be signed by a principal of a law practice (rather than a legal practitioner or other person); and
- Prohibiting law practices from charging excessive costs in a legal matter, and providing a financial penalty for breach of this provision without a reasonable excuse.
SCAG agreed to refer the proposals to a national working party which would consult stakeholders in home states and territories and report back to SCAG on the outcomes at the earliest opportunity.
NSW seeks to fine overcharging lawyers [ 40kb]
Issued: Thursday 16 April 2009
Law firms that overcharge and exploit their clients could face financial penalties as part of a package of options to reform the legal profession, said NSW Attorney General John Hatzistergos.
Mr Hatzistergos will present the options to the Standing Committee of Attorneys General (SCAG) in Canberra today.
“The overwhelming majority of the legal profession act with integrity,” said Mr Hatzistergos. “However, there have been allegations of a number of lawyers grossly overcharging clients, particularly those with limited English-language skills.”
“The NSW Government has developed a package of options that seek to ensure greater transparency and accountability in the area of legal fees.”
The following options will be presented for consideration:
- Strengthening the existing provision that a written disclosure to a client may be in a language other than English if the client is more familiar with that language;
- Requiring law practices to provide periodic, itemised bills to clients in personal injury matters;
- Prohibiting law practices from seeking clients’ authorities to deduct legal costs from a settlement amount without having first informed the client of the settlement amount and issued the client with a bill (which must be itemised in personal injury matters);
- Providing that a bill or covering letter must be signed by a principal of a law practice (rather than a legal practitioner or other person); and
- Prohibiting law practices from charging excessive costs in a legal matter, and providing a financial penalty for breach of this provision without a reasonable excuse.
Mr Hatzistergos said these options could send a strong message to law firms that overcharging vulnerable clients is unacceptable.
“The risk of having an adverse finding against a law practice would make its principals careful to ensure their firm is compliant with the law.”
Mr Hatzistergos said he would ask Attorneys General at SCAG to consider the NSW options and refer them to a national working party which would consult stakeholders in home states and territories.
COAG is undertaking a wider review of national model laws on legal profession regulation.
Judge appointed President of Childrens Court [ 29kb]
Issued: Thursday 16 April 2009
The NSW Government has decided to recommend to her Excellency the Governor the appointment of District Court Judge Mark Marien SC to be the first President of the Children’s Court of NSW, Attorney General John Hatzistergos announced today.
The proposed appointment is part of the Government’s response to the recent Special Commission of Inquiry into Child Protection Services.
“The appointment of an experienced and respected District Court judge to the role highlights the importance of the Children’s Court of NSW,” Mr Hatzistergos said.
Previously, the Children’s Court was headed by the Senior Children’s Magistrate.
Judge Marien has been a District Court judge since 2004. In a legal career spanning 30 years, he has also served as a Deputy Senior Crown Prosecutor in NSW and as the Director of the Criminal Law Review Division of the Attorney General’s Department of NSW.
In addition, Judge Marien has worked as a barrister in private practice and as a solicitor with the Commonwealth Director of Public Prosecutions and with the Commonwealth Deputy Crown Solicitor’s Office. He was appointed as a Senior Counsel in 2003.
Mr Hatzistergos said Judge Marien would take on the role of President of the Children’s Court of NSW at a time when the court is undergoing reform arising out of the Special Commission of Inquiry.
It is proposed that Judge Marien will begin his new appointment on June 1, 2009.
Sydney SC appointed as Supreme Court judge [ 24kb]
Issued: Wednesday 15 April 2009
NSW Attorney General John Hatzistergos today announced the appointment of Sydney barrister Robert Forster SC as a judge in the equity division of the Supreme Court of NSW.
Mr Forster has 39 years experience as a legal practitioner. He became a barrister in 1978 and was appointed a Senior Counsel in 1994.
“Mr Forster is well qualified to deal with complex matters that come before the equity division of the Supreme Court,” Mr Hatzistergos said.
“In his current practice, he specialises in equity and commercial law, with an emphasis on banking and finance, corporations law and insolvency”.
Mr Forster studied law at Sydney University, graduating with first class honours in 1970. He obtained a masters degree from Stanford University in California and has been admitted to practice law in England, Hong Kong and Illinois in the United States.
Mr Forster will be sworn in as a Supreme Court judge on May 4, 2009.
“I congratulate Mr Forster on his appointment and wish him well in the next stage of his legal career,” Mr Hatzistergos said.
Mr Hatzistergos today also announced the appointments of Acting Justice John Bryson and Acting Justice Jane Mathews AO as Acting Judges of the Supreme Court of NSW from 1 May 2009 until 30 April 2010.
NSW to ask Feds to go after bikie companies [ 33kb]
Issued: Wedneday 15 April 2009
The Rees Government will this week ask the Commonwealth to consider amending its laws to disqualify bikies from being directors of companies, said Attorney General John Hatzistergos.
At a meeting of Attorneys General in Canberra on Thursday and Friday, NSW will ask the Federal Government to consider amending the Corporations Act 2001 to automatically disqualify bikies who have committed criminal association and gang participation offences.
Mr Hatzistergos said it was important to inhibit the ability of outlaw motorcycle gangs to form companies and function as legitimate businesses.
Specifically, NSW will ask the Commonwealth to extend the categories of offences that result in automatic disqualification to include:
- The participation offence described in Section 93T of the NSW Crimes Act 1900.
- The association offence described in Section 26 of the NSW Crimes (Criminal Organisations Control) Act 2009.
Mr Hatzistergos said he will also ask the Commonwealth to consider amending telecommunication interception laws to make them compatible with NSW organised crime legislation.
Under federal Telecommunications (Interception and Access) Act 1979, interception warrants can be granted in connection with offences which carry a maximum sentence of seven years or more, as well as for a list of other specific offences.
Mr Hatzistergos said he will ask the Commonwealth to include Section 93T of the Crimes (Criminal Organisations Control) Act 2009, which carries a maximum penalty of five years, on the list.
“Amending Federal law, would allow police to use evidence gathered on telephone intercepts to charge gang members with participation offences.”
Furthermore, Mr Hatzistergos said he will ask other states and territories at the meeting to consider putting reciprocal recognition arrangements in place for dealing with gangs.
“In order to prevent the re-location of proscribed groups across borders, we need to look at pursuing reforms to ensure the mutual recognition of declarations of organisations and members.”
Support for people who know missing persons: free public forum Saturday 4 April [ 50 kb]
Issued: Thursday 2 April 2009
The NSW Government is offering support for families and friends of missing persons at a free forum this Saturday, NSW Attorney General John Hatzistergos said today.
Mr Hatzistergos said every year in Australia almost 35,000 reports are made about the safety of a missing person.
“The disappearance of a loved one can plunge people into a state of anxiety, confusion and uncertainty, but help is available during what is a very difficult time,” Mr Hatzistergos said.
“This forum will bring together experts in policing and counselling to discuss search methods and ways of coping with loss.
“Participants will also hear how social networking sites such as Facebook and MySpace can be used to help find a missing person and to connect with others in similar situations.”
Member for Parramatta Tanya Gadiel encouraged anyone who has a missing friend or relative to take the opportunity to come along to the forum.
“This is a chance for families and friends of missing persons to meet face-to-face and discuss their situations,” Ms Gadiel said.
“People dealing with unresolved loss often find it comforting to talk to someone who has had a similar experience and who can empathise with their pain and anguish.”
The Forum for Families and Friends of Missing Persons will be held on Level 4 at the Parramatta Justice Precinct, 160 Marsden St, Parramatta on Saturday, 4 April from 10am to 3pm.
Guest speakers will include:
- Inspector Mark McCallum — Missing Persons Unit, NSW Police Force
- Marina Simoncini — National Missing Persons Coordination Centre, Federal Police
- Sarah Wayland — Coordinator of the Families and Friends of Missing Persons Unit of the Attorney General’s Department of NSW
There will also be an information expo, enabling participants to talk to representatives from 10 agencies that assist in finding missing persons and offer support services.
Anyone interested in registering to attend should contact the Families and Friends of Missing Persons Unit on (02) 8688 5423 (Sydney) or 1800 227 772 (Toll free).
To protect the privacy of families and friends of missing persons, the event will not be open to the media.
Sydney SC appointed as District Court Judge [ 24kb]
Issued: Wednesday 1 April 2009
NSW Attorney General John Hatzistergos today announced the appointment of Sydney barrister Andrew Colefax, SC, as a judge of the District Court of NSW.
Mr Colefax has 30 years experience in law and has worked as a barrister in NSW since 1988, appearing in almost all NSW courts and tribunals. He was appointed as a Senior Counsel in 2004.
Mr Colefax recently served as Counsel Assisting the Commission of Inquiry into the conviction of Phuong Ngo, who is serving a life sentence for the 1994 murder of Cabramatta MP, John Newman.
During his career, Mr Colefax has been a member of the NSW Bar Council and has sat on its committees for professional conduct and mediation. He has also worked as a solicitor in private practice and as a senior legal officer for the Commonwealth Attorney-General’s Department.
Mr Colefax will be sworn in as a District Court judge on 14 April 2009.
“I congratulate Mr Colefax on his appointment and wish him every success in his new role,” Mr Hatzistergos said.
New Judge for the Land and Environment Court [ 25kb]
Issued: Wednesday 1 April 2009
Sydney barrister and NSW Bar Association secretary Rachel Pepper has been appointed a judge of the Land and Environment Court of NSW, Attorney General John Hatzistergos announced today.
In a 14-year legal career, Ms Pepper has served as an Associate to former High Court judge The Hon Michael McHugh QC AC. She has also appeared as a barrister in all NSW courts, most of the state’s tribunals and in the High Court of Australia.
“Ms Pepper has worked on a range of cases involving environmental and planning issues and is familiar with the processes of the Land and Environment Court,” Mr Hatzistergos said.
Last year, she appeared at the coronial inquest into the fatal collapse of the Pacific Highway on the NSW Central Coast. She also recently appeared at the Special Inquiry into the Conviction of Phuong Ngo, who is serving a life sentence for the 1994 murder of Cabramatta MP, John Newman.
Ms Pepper will join the bench of the Land and Environment Court on 1 May 2009.
“I congratulate Ms Pepper on her appointment and wish her well for the next stage of her career,” Mr Hatzistergos said.
New Public Trustee office for Bathurst [ 24kb]
Issued: Wednesday 1 April 2009
Attorney General John Hatzistergos and Member for Bathurst Gerard Martin today announced that a new Public Trustee office will open in Bathurst.
Mr Hatzistergos said the new office will provide the Central West with a range of services including will making, power of attorney, estate and trust management.
Services provided by the Office of the Protective Commissioner (OPC) will also be offered at the new office, after the merger of the OPC and the Public Trustee is finalised.
“Both the Public Trustee and Protective Commissioner provide important financial management services to the people of NSW,” said Mr Hatzistergos.
Mr Hatzistergos said new office will provide a central NSW location between other Public Trustee offices currently located in Sydney, Armidale and Broken Hill. The nearest OPC office is currently located at Parramatta.
Mr Martin said the new office will offer face-to-face service to the local community, and importantly, to people with impaired decision making ability.
“The office will represent a significant boost to the local economy and will create five to six jobs which will be advertised locally,” said Mr Martin.
“In the past, people living in the Central West have had to travel to Liverpool if they needed to visit offices of the Public Trustee.”
“Not only will this office make life easier for people in Bathurst, it will offer helpful advice and services to those living in towns including Dubbo and Orange and many other rural communities in central NSW.”
The merger of the Public Trustee and the Protective Commission was announced as part of the Mini Budget last year.
The Protective Commissioner provides financial management services to people who are unable to manage their own affairs because of cognitive impairment or mental illness.
Spouses to get estates when no wills are left [ 56kb]
Issued: Tuesday 31 March 2009
Spouses will automatically inherit the estates of their partners when their partners don't leave a will, under new laws to be introduced to NSW Parliament on Wednesday, said Attorney General John Hatzistergos.
"Changes to intestacy laws will simplify the legal process involving estateswhen a person dies who doesn't have a will," said Mr Hatzistergos.
Mr Hatzistergos said currently estates of people who don't leave wills are distributed between spouses and their children. Under the new laws children will not be included in the inheritance unless they are from a previous relationship.
The changes reflect a Law Reform Commission survey which found that 75% of people who have a will leave everything to their spouse.
However, fewer than half of those who had children from previous relationships left everything in their will to their spouse. In around 30% of cases they left their entire estate to their children.
"When people die without leaving a will, there is the potential for emotionally charged disputes and legal action as relatives fight over the estate."
"To defuse disputes and simplify the process of dividing an estate, it is important that intestacy laws accurately reflect community attitudes with regard to who should benefit."
Mr Hatzistergos said under further changes to intestacy laws, cousins would be recognised as eligible heirs to the estates of people who die without wills.
The entitlements of first cousins would come, in order of importance, after spouses and children; parents; siblings; grandparents; aunts and uncles.
"The new law would widen the pool of people who can inherit in NSW and recognises that some other jurisdictions in Australia include first cousins in the distribution under intestacy laws," said Mr Hatzistergos.
Mr Hatzistergos said the estates of people in these circumstances would have previously gone to the Crown.
Intestacy is the default method of distributing someone's estate; ideally people should have a valid will in place, however, 2008 survey by the Public Trustee found 54 per cent of people in NSW did not have a will.
Free public forum to help ease mortgage stress [ 31kb]
Issued: Thursday 26 March
Free legal and consumer advice for homeowners experiencing mortgage stress will be offered at a public forum in Dapto on Monday, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the forum will bring together Government agencies and service providers who can advise homeowners in financial difficulty and provide tips to first home buyers on how to avoid mortgage stress.
“It is important that prospective homebuyers are fully informed about what to look out for, especially when there are an increasing number of people entering the market for the first time,” said Mr Hatzistergos.
“Consumers who come to the forum and are experiencing financial hardship will be supplied with information about how to resolve their situations.”
The Mortgage Stress forum will be held at Dapto Ribbonwood Centre, 93-109 Princes Highway, Dapto on March 30, 2009 from 6pm to 8:30pm.
The forum will be hosted by the State Member for Shellharbour Lylea McMahon and Federal Member for Thorsby Jenny George. A panel of experts will give presentations and answer questions.
The forum will be followed by an expo where people can speak with exhibitors and pick up free information. Lawyers will also be available to give free, confidential advice between 7:30pm and 8:30pm.
Agencies taking part include the Consumer Credit Legal Centre, LawAccess NSW, community legal centres and financial counsellors.
Mr Alan Kirkland, Chief Executive Officer of Legal Aid NSW said the forum will provide some much-needed advice for those homeowners who don’t know their rights or where to turn for help.
“The financial crisis is contributing to increasing numbers of people seeking help about what to do when they find themselves unable to repay their mortgage,” he said.
Legal Aid NSW publishes the Mortgage Stress Handbook, a free user-friendly guide to assist people who are having problems with their mortgage, as well as a range of helpful brochures on mortgage stress. The publications are available at www.legalaid.nsw.gov.au.
Anyone requiring urgent assistance can call LawAccess NSW on 1300 888 529.
Appointment to Victims Compensation Tribunal [ 27kb]
Issued: Wednesday 25 March 2009
NSW Attorney General John Hatzistergos today announced the appointment Acting Magistrate Brian Lulham as the Chairperson of the Victims Compensation Tribunal.
In a 42-year legal career, Acting Magistrate Lulham has worked extensively as a solicitor in Goulburn and has served as a Magistrate or Acting Magistrate on the bench of Local Courts since 1992.
Mr Lulham’s appointment takes effect from today.
“I congratulate Acting Magistrate Lulham on the appointment and wish him well in the new role,” Mr Hatzistergos said.
Deputy Chief Magistrate goes to District Court [ 24kb]
Issued: Wednesday 25 March 2009
Deputy Chief Magistrate Helen Syme has been appointed to the bench of the District Court of NSW, Attorney General John Hatzistergos announced today.
“Magistrate Syme is among the most experienced judicial officers in NSW Local Courts and has acted as Chief Magistrate and Senior Children’s Magistrate in recent years,” said Mr Hatzistergos.
“She is familiar with the demands of the District Court, having served as an Acting Judge on the court last year.”
Magistrate Syme began her legal career in Perth in 1979. In 1987, at the age of 32, she became one of the youngest people to be appointed to the bench of the West Australian Children’s Court.
She was sworn in as a Local Court Magistrate in NSW in 1996 and was elevated to the position of Deputy Chief Magistrate in 2001.
“As Deputy Chief Magistrate, Ms Syme has presided over some of the most serious and complex matters to come before Local Court in recent years.”
“Her extensive experience will place her in good stead to deal with the challenges of District Court cases.”
Magistrate Syme has been involved in a number of diversionary justice projects and community-based programs including Circle Sentencing for Aboriginal offenders, the Domestic Violence Intervention Court Model (DVICM) and the Magistrates Early Referral Into Treatment (MERIT) program for defendants with drug problems.
Deputy Chief Magistrate Syme will be sworn in as a District Court judge on 14 April.
Funding boost will help women seeking AVOs [ 25kb]
Released: Wednesday 25 March 2009
Attorney General John Hatzistergos today announced that additional domestic violence advocacy workers will be recruited to assist victims taking out Apprehended Violence Orders in more than 100 NSW courts.
Mr Hatzistergos said a $2.6 million funding boost from the Rees Government will create part-time jobs for the equivalent of 23 full-time positions in the Women’s Domestic Violence Court Advocacy Program.
“Domestic violence is an abhorrent crime that destroys families and often thrusts women and children into the justice system for the first time in their lives,” said Mr Hatzistergos.
“The new advocacy workers will help people seeking Apprehended Violence Orders and will provide referrals to counselling, housing and material aid services that may be of assistance.”
Mr Hatzistergos said the service also conducts community development and educational activities to raise awareness about domestic violence.
“With this additional funding, the service will be able to direct more resources toward women in culturally diverse and Aboriginal communities.”
Mr Hatzistergos said domestic violence advocacy workers were already working in 65 NSW courts. The additional funding will extend services to a further 42 courts, bringing the total to 107.
Minister for Women and Member for Balmain, Verity Firth said the recruitment drive delivers on an election commitment to increase funding for the advocacy service.
“We are committed to a whole of government approach to tackling domestic violence, including victim advocacy and bringing perpetrators to justice,” said Ms Firth.
“Domestic violence evidence kits have been rolled out to all police commands.”
“We have also given the police powers to apply for 24-hour Telephone Interim AVOs, and to apply for AVOs on behalf of victims who are reluctant to proceed.”
Ms Firth said the initiatives were part of the NSW Government’s four-year, $40 million package aimed at addressing domestic violence.
The services for the Women’s Domestic Violence Court Advocacy Program are provided by non-government organisations through funds administered by Legal Aid.
Council awarded $50,000 crime prevention grant [ 43kb]
Issued: Thursday 19 March 2009
NSW Attorney General John Hatzistergos today presented a $50,000 crime prevention grant from the Rees Government to Tamworth Regional Council to kick-start its innovative Coledale Cares project.
Mr Hatzistergos said the project, developed in consultation with the police and local community, aims to achieve a five per cent reduction in malicious damage and assault over the next 12 months.
“Opportunistic crime is often committed in poorly lit areas where offenders feel they are less likely to be seen,” Mr Hatzistergos said.
“With this grant, Council will conduct a lighting audit of streets, parks and other public spaces in Coledale. Council will also install additional lights and will increase the wattage of some existing lights.”
Mr Hatzistergos said the Coledale Cares program would also focus on improving landscaping in public areas to ensure vegetation does not obscure sight lines or provide offenders with a place to hide.
“The program’s strategies are based on tried-and-tested Crime Prevention Through Environmental Design principles that are widely used in the United States, the United Kingdom and Australia,” he said.
The Member for Tamworth, Peter Draper, said a survey of the Tamworth community identified assault as the ‘most important’ crime affecting the city and cited inadequate lighting as a contributor to the problem.
“This project shows that Council is listening to the community and is taking important steps to address their concerns.” Mr Draper said.
Mr Hatzistergos said the program would also help to reduce fear of crime in the community.
“Crime levels in Tamworth have remained stable in virtually all categories over the past two years, yet some residents may still avoid certain public areas because they feel unsafe,” Mr Hatzistergos said.
“Council’s program aims to discourage criminal activity in Coledale and make its public areas more vibrant and appealing to the community.”
“The NSW Government encourages local councils to develop grass roots solutions to emerging crime issues and has set aside $1.61 million for crime prevention grants in 2008-09,” Mr Hatzistergos said.
Sheriff’s Officer commended for help during fires [ 68kb]
Issued: Thursday 19 March 2009
NSW Attorney General John Hatzistergos and Member for Tamworth Peter Draper today commended the bravery of Tamworth Sheriff’s Officer Sergeant Mark Mulheron who was deployed with NSW Rural Fire Service (RFS) firefighters to the Victorian bush fires.
Mr Hatzistergos and Mr Draper met Sergeant Mulheron today at Tamworth Local Court.
He had spent 14 days, on three separate deployments, fighting fires and protecting property alongside his Victorian counterparts.
Mr Hatzistergos praised the efforts of all emergency service personnel deployed to Victoria and said Sergeant Mulheron epitomises the dedication and hard work of RFS volunteers deployed to Victoria.
“When help was needed, RFS volunteers didn’t hesitate in heeding the call and performed their tasks with bravery, skill and a minimum of fuss in extremely difficult conditions,” Mr Hatzistergos said.
Mr Draper said Mr Mulheron had been a dedicated volunteer member of the RFS for 20 years and, because of his experience, he was called on to lead strike teams based at Healesville and to battled fires at Kinglake, Toolangi and Upwey.
“His dedication to the RFS and his efforts during the recent bush fire crisis are to be commended,” Mr Draper said.
NSW Minister for Emergency Services Steve Whan said Sergeant Mulheron was one of four NSW Sheriff’s Officers who took leave to fight the Victorian bushfires.
“On behalf of the NSW Government, I would like to thank all emergency service personnel who contributed to the Victorian bush fire effort,” Mr Whan said.
“RFS volunteers did an extraordinary job in the most difficult circumstances imaginable.”
Sergeant Mulheron, who has been a Sheriff’s Officer for 15 years and stationed at Tamworth since 2002, said nothing could have prepared him for the devastation he witnessed in Victoria.
“It was on such a huge scale. Everyone in the car stopped talking as we drove through villages like Marysville and we wondered how this could happen,” he said.
“It was such a huge relief when the rain came - we walked around in it just to make sure it was really happening.”
After returning to regular duties at the Sheriff’s Office in Tamworth on March 9, Sergeant Mulheron reflected on his “humbling” experience in Victoria.
“I felt honoured and privileged to help and was overwhelmed by the appreciation shown by the local people affected by the fires,” he said.
Tamworth to trial new offenders program [PDF VERSION]
Issued: Thursday 19 March 2009
Tamworth Court House will trial an innovative new crime prevention program by the NSW Government which aims to reduce re-offending among small-time criminals, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the Court Referral of Eligible Defendants Into Treatment or CREDIT scheme, which is modelled on New York’s Community Court program, would be trialled locally for two years from August.
“The aim of CREDIT is to identify criminal defendants who are at high risk of re-offending and steer them into treatment programs and social services,” he said.
“Studies show that focusing on problems such as drug, alcohol and gambling addictions, mental illness, unemployment and lack of vocational skills and homelessness can help reduce the likelihood of re-offending.\
“This is about addressing the root causes of criminal behaviour to help stop offenders graduating to further or more serious crimes.”
Mr Hatzistergos said the Court would use a computer-based screening process, developed by the NSW Bureau of Crime Statistics and Research, to identify defendants who might be eligible to participate.\
“Using information such as age, gender, the offence and prior criminal record, the program is able to predict individuals at high risk of re-offending with a high degree of accuracy,” he said.
“Anyone identified as high risk will be invited to voluntarily take part. A face-to-face interview will follow to pinpoint the underlying issues related to the defendant’s behaviour and determine if they are suitable for ongoing participation.”
Mr Hatzistergos said defendants would have a strong incentive to take part in the program and to take it seriously.
“Involvement in CREDIT would signify a defendant’s commitment to get their lives in order. This could be considered favourably by the court at sentencing.”
Welcoming today’s announcement, the Member for Tamworth, Peter Draper, said Tamworth would be the only location in regional NSW trialling CREDIT.
“Here we have the opportunity to showcase an innovative crime prevention program that could potentially be rolled out across the state,” Mr Draper said.
Mr Hatzistergos said a working group of local agencies would be established to monitor the program and ensure participants got the assistance they needed.
Focus on legal advice for the elderly [PDF VERSION]
Issued: Tuesday 17 March 2009
Marking NSW Seniors Week, Attorney General John Hatzistergos announced that a free legal helpline will place a greater emphasis on assisting the elderly.
Mr Hatzistergos said call centre staff at LawAccess, a helpline (1300 888 529), which provides information and legal advice, had been given additional training on issues which affect older people.
“Elderly people are particularly vulnerable to fraud and face issues such as domestic violence and neighbourhood disputes,” said Mr Hatzistergos.
“LawAccess staff have been given the expertise to communicate effectively with older people and are familiar with the issues that affect them.”
As part of the renewed focus, Mr Hatzistergos said LawAccess is the contact point on a new poster which targets older people. The poster was developed in conjunction with Legal Aid NSW and the Council on Ageing NSW.
He said common issues effecting older people related to wills and power of attorney, loans and gifts to family, guardianship and family law.
Mr Hatzistergos said people over 55 years old represented the third most common users of the LawAccess helpline.
Some 22% of callers to the helpline are over 55, while 8% were 18 to 24 years old, 33% were 25 to 39 years old and 36% were 40 to 54 years old.
Mr Hatzistergos said LawAccess staff began focusing on issues affecting seniors after consulting with organisations including Alzheimers Australia and the Guardianship Tribunal.
LawAccess provides legal information, advice and referrals for people with legal problems. As well as the call centre, users can go an online at www.lawaccess.nsw.gov.au.
Customers can speak to LawAccess in a language other than English by calling the Telephone Interpreter Service on 131 450.
Spotlight on standard non-parole periods [PDF VERSION]
Issued: Tuesday 17 March 2009
Two high level bodies are examining how to make sure sex offenders feel the full force of the law when they come before judges, Attorney General John Hatzistergos said today.
Mr Hatzistergos said both the Sentencing Council and a working party being chaired by a Supreme Court judge were examining various aspects of standard non-parole periods.
“Even though tough standard non-parole periods are set down in legislation, we are working to ensure that courts are consistent in the sentences they hand down,” said Mr Hatzistergos.
“The Governments believes that serious offenders should feel the full force of the law.”
The Sentencing Council will work on the issue of ensuring that standard non-parole periods are properly applied to offences, following a recommendation which had been made in its landmark report on sex crime last year.
In addition, a high level Sexual Offences Working Party, chaired by Supreme Court judge Elizabeth Fullerton has been convened and will identify whether any additional sex offences should have a standard non-parole period applied.
Mr Hatzistergos said the working party would build on new laws aimed at safeguarding adults and children from sexual predators, following the Sentencing Council report.
The new laws, which came into force this year doubled the maximum penalty for possessing child pornography to 10 years imprisonment and created a new aggravated offence of having sex with a child under 10, which will carry a maximum sentence of life in prison.
The working party is also examining the offences of persistent sexual abuse of a child, introducing a definition of act of indecency, increasing the maximum penalties for child prostitution offences and achieving greater uniformity between NSW sexual offences and Commonwealth offences for sexual crimes committed overseas.
New legal advice service for Tweed Valley [PDF VERSION]
Issued: Friday 13 March 2009
NSW Attorney General John Hatzistergos today opened a legal outreach service for disadvantaged people in the Tweed Valley.
“The office will provide face-to-face civil law advice, casework and community legal education services,” said Mr Hatzistergos.
“The service is targeted to women facing domestic violence, people with mental illness, young people at risk, people with disabilities, Aboriginal people, homeless people and ex-prisoners.”
He said the Murwillumbah office is part of the Northern Rivers Community Legal Centre and will operate three days a week.
The Community Legal Centre is jointly funded by the State and Federal governments.
Mr Hatzistergos said the Murwillumbah office began operation in November and provided service to people living Murwillumbah, Tweed Heads and Pottsville.
“The establishment of the outreach office will significantly improve access to legal services for residents of the Tweed Valley.”
Mr Hatzistergos said community legal centres focus on early intervention and prevention.
He said they aim to educate people about the law so they can avoid legal disputes altogether, or where people have already encountered legal problems, to assist them to resolve disputes early, without resorting to costly litigation.
So far the Murwillumbah office has offered advice and assistance on employment, discrimination, credit and debt problems, motor vehicle accidents, neighbour disputes, victims of crime issues, contracts and wills.
Specifically targeted services include a women’s outreach service, a tenants service, a women’s domestic violence court advocacy service and an Aboriginal women’s family violence awareness project called ‘Mirrung Ngu Wanjarri.’
Plan targets crime prevention in Parramatta [PDF VERSION]
Issued: Friday 6 March 2009
The Rees Government has endorsed a Parramatta City Council crime prevention plan NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the council is eligible for $100,000 in funding, double the amount usually made available to local governments. The additional
funding is available because the Government has identified Parramatta as one of six priority crime prevention locations.
“The council can now move forward in its bid to thwart crime and prevent anti-social behaviour in the Church Street Mall and surrounding streets,”
said Mr Hatzistergos.
He said the council is planning to provide additional free bus services to drive a loop around the city area, specifically to move patrons of licensed
premises to transport hubs.
“An effective way of preventing crime Parramatta would be to reduce the number of people who loiter in the city centre at night,” he said.
Mr Hatzistergos said the council plans to carry out an audit of lighting and blind spots in Church Street Mall, upgrade safety at council-manage
car parks as well as other popular public areas in the city centre.
“The plan aims to reduce the incidence of assault, malicious damage and stealing from motor vehicles, retail stores and individuals.”
Informing users of the city centre about how they can reduce the risk of being targeted by thieves is another feature of the plan.
Member for Parramatta Tanya Gadiel said she welcomed the endorsement of the council’s plan.
“Parramatta has the sixth largest city centre in Australia; a workplace to office and retail employees and drawcard to thousands
of daily visitors,” she said.
“It is important that people feel safe as they get on and off trains, park their cars, attend sporting and cultural events and walk around
the city centre.”
Ms Gadiel said the council plan had been developed in consultation with police, community organisations and local businesses. ~hcustom1:090306 Parramatta Crime Prevention.doc> <~hcustom1:090306 Parramatta Crime Prevention.doc>
She said the council’s innovative Laneways Project, which involves the use of art and lighting to improve the appearance and safety of city lanes will
continue as will the graffiti rapid removal of graffiti program.
To fund the plan the council is now eligible to apply for a share of $1.61 million in crime prevention grants the NSW Government has set aside in 2008-09.
Law change would keep bad drivers off roads [PDF VERSION]
Issued: Wednesday 11 March
Disqualified drivers who appeal against their sentences would not be giventheir licences back until their cases were finalised,
said Attorney General John Hatzistergos.
Mr Hatzistergos said an amendment before NSW Parliament would change the law which currently allows motorists convicted
of serious driving offences to drive while their appeals are pending.
“We don’t want drivers, who have had their licences taken away for serious offences, being able to get back in their
cars,” said Mr Hatzistergos.
“It is important that the safety of the community is not compromised while these appeals work their way through the courts.”
Mr Hatzistergos said the amendment would be made to the Crimes (Appeal and Review) Act and applies to drivers
who have had their licences disqualified or suspended for crimes including street racing, excessive speeding and
mid and high range drink driving.
He said the amendment would mean drivers would no longer be given back their licence at the time they lodged an appeal.
“If and when an appeal is successful, the driver would then be able to get their licence back,” he said.
New appointments in the Land and Environment Court [PDF VERSION]
Issued: Wednesday 11 March 2009
NSW Attorney General John Hatzistergos today announced the appointment of Tim Moore as Senior Commissioner of the Land and Environment Court.
Mr Hatzistergos said Commissioner Moore would bring a wealth of experience in environmental law to the position.
He would replace Senior Commissioner John Roseth, who retired last month.
“I thank Mr Roseth for his service to the Land and Environment Court and wish Commissioner Moore well in his new role,” Mr Hatzistergos said.
Commissioner Moore has been sitting on the bench of the Land and Environment Court since 2002.
He has also practiced extensively as a barrister in the areas of planning and the environment, commercial and corporations law and in building disputes.
Commissioner Moore served as NSW Minister for the Environment from 1988 until 1992. He was Assistant Secretary of the Department of Prime Minister and Cabinet from 1993 to 1996. During that period he was also Secretary to the Council for Aboriginal Reconciliation.
In addition, Acting Magistrate John Bailey has been appointed an Acting Commissioner of the Land and Environment Court until June 30.
Commissioner Kevin Hoffman will be appointed an Acting Commissioner of the Land and Environment Court until May 31, following the expiration of his term as a full-time commissioner on March 19.
District Court Judge to head Children’s Court [PDF VERSION]
Issued: Tuesday 3 March
As part of the NSW Government’s response to the Special Commission of Inquiry into Child Protection Services, Attorney General John Hatzistergos said a District Court judge would be appointed head of the Children’s Court.
Mr Hatzistergos said the judge would take up the new position of President of the Children’s Court later this year. Previously, the court was headed by the Senior Children’s Magistrate.
Mr Hatzistergos said other changes would be made to the operations of the Children’s Court following the Special Commission of Inquiry, which was carried out by Justice James Wood.
He said the Government would implement a recommendation made by Justice Wood to place greater emphasis on alternative dispute resolution proceedings with regard to care proceedings that reach the Children’s Court.
A working party will be convened to develop an improved model for dispute resolution proceedings and Children’s Court registrars would be given additional training to facilitate the new model.
Mr Hatzistergos said the Government also supported Justice Wood’s suggestion to develop guidelines for the Children’s Court Advisory Committee, a statutory body whose members are appointed by the Attorney General.
A recommendation to transfer the operations Children’s Court clinic from the Attorney General’s Department to Justice Health is also taking place.
Lawyer fees for will disputes curbed from today [PDF VERSION]
Issued: Sunday 1 March 2009
New laws come into force today that give judges the power to limit legal costs in cases involving disputes over wills, said Attorney General John Hatzistergos.
Mr Hatzistergos said legal costs in family will disputes routinely ran into tens of thousands of dollars and the new laws will stop lawyers running up excessive charges.
“Costs can wipe out a large portion of a deceased person’s estate, leaving family members and dependents with very little,” he said.
Mr Hatzistergos said the new laws, which build on the 2006 Succession Act, will require the court to refer all family provision claims to mediation, except in special circumstances.
Also, the laws give the court broader rule making powers, which will:
- Enable the court to curb the use of expensive expert witnesses, costly medical reports and unnecessary valuations; and
- Empower the court to cuts costs by determining simple cases without a hearing.
Mr Hatzistergos said the new laws would control unscrupulous lawyers who, according to the Supreme Court, had billed clients more than $30,000 for simple one-day cases, and more than $100,000 for more complex cases.
Mr Hatzistergos said in one infamous 2005 case, known as Sherborne Estate, the legal costs for three adult children combined were $605,000 – which the judge said was more money than the children had hoped to get from the will.
The case was so outrageous the judge described it as a ‘dark stain on the administration of justice’ and compared it to the Charles Dickens’ novel Bleak House, said Mr Hatzistergos.
In another case involving three infant children the bill came to $171,000 when the dispute about their deceased father’s estate dragged out because of animosity between the children’s mother and the father’s defacto wife.
Mr Hatzistergos said the new laws had been prepared in consultation with the Bar Association, NSW Law Society, the Supreme Court and other stakeholders.
New appointments within NSW courts [PDF VERSION]
Issued: Wednesday 25 February
NSW Attorney General John Hatzistergos today announced three new judicial appointments, including one of the state’s most senior prosecutors.
Mr Hatzistergos said Justice Peter Young, the Chief Judge in Equity at the NSW Supreme Court since 2001, has been appointed a judge of the NSW Court of Appeal.
“Justice Young, who has served as a Judge of the NSW Supreme Court for 24 years, will replace Justice Virginia Bell who has been appointed a judge of the High Court,” Mr Hatzistergos said.
“I am pleased to announce that Justice Patricia Bergin will become the new Chief Judge in Equity.
“Justice Bergin has served as a Judge on the bench of the NSW Supreme Court for the last 10 years.”
Both Justices will be sworn into their new positions on Friday, March 6 2009.
In addition, Deputy Director of Public Prosecutions, David Frearson, SC, has been appointed to the bench of the NSW District Court.
“Mr Frearson has appeared in some of the most complex and sensitive appeals heard in NSW in recent years,” Mr Hatzistergos said.
“He is also a vastly experienced trial counsel, who first prosecuted in the Supreme Court in 1987.”
Mr Frearson made history in 1997 when he served as Counsel Assisting the Police Integrity Commission at its first public hearing. The inquiry resulted in the imprisonment of a number of corrupt police officers.
During a legal career that has spanned more than 30 years, Mr Frearson has also worked as the solicitor in charge of public prosecutions offices at Wollongong and Liverpool and as a principal solicitor of the Sydney public prosecutions office.
Mr Frearson will be sworn in as a District Court judge on Monday, March 2 2009.
“I wish Justices Young, Bergin and Mr Frearson every success in their new appointments,” Mr Hatzistergos said.
Legal advice offered for people who are deaf [PDF VERSION]
Issued: Wednesday 25 February 2009
Attorney General John Hatzistergos has congratulated the Deaf Society of NSW on the launch of Going To Court, a web-based legal information resource for the Deaf Community.
Mr Hatzistergos said Going To Court consists of short instructional films offering information on the law and the court system in AUSLAN (the Australian sign language) with the equivalent information presented in plain English.
“People who are deaf should not be denied access to justice. It is important they have access to information about the court system in their own language,” said Mr Hatzistergos.
“I am delighted that the Deaf Society has launched this web-tool which makes it easier for the deaf community to get the information they need.”
Mr Hatzistergos said topics covered in the films include where to get legal advice, where to find a lawyer, help preparing for court, help for women living with domestic violence, legal help with divorce, and definitions of legal terms.
He said the development of the website follows a demographic study by the Deaf Society which found there was a need to improve access to public services, including the justice system, for the deaf community.
Part of the website includes a modified version of a 25 minute film the Attorney General's Department produced five years ago for people with disabilities called So You Have To Go To Court!
The Going To Court project is located on the Deaf Society of NSW website: www.deafsocietynsw.org.au , under the information tab.
Fees for Protective Commissioner to be reduced [PDF VERSION]
Issued: Wednesday 25 February 2009
Attorney General John Hatzistergos today announced that fees charged by the Office of the Protective Commissioner (OPC) will be significantly reduced.
The announcement follows a review of the office’s fee structure by the Independent Pricing and Regulatory Tribunal (IPART).
“The Protective Commissioner is responsible for making financial decisions for the most vulnerable members of our community,” said Mr Hatzistergos.
“It is appropriate that we continue to monitor the fee structure of the office and reduce costs for its clients whenever possible.”
The Government has accepted IPART recommendations which include:
- Reducing the annual cap on the management fee for directly managed clients from $50,000 to as little as $15,000, to take place on July 1
- Capping the 4% annual income fee for privately managed clients at $2,000, to take place on April 1
- Removing the 50% threshold test for pension income for privately managed clients, to take place on April 1.
The Government had also accepted IPART recommendations for some small OPC fee rises which include:
- Increasing the cap on the establishment fee from $2,200 to $3,300, to take place on July 1
- Increasing the fee for account keeping from $100 to $200 or $300 for complex accounts, to take place on July 1.
The Protective Commissioner is an independent office responsible for managing the financial affairs of approximately 9,000 people with a mental illness or intellectually disability.
The announcement of OPC fee changes follows a meeting with stakeholders including People with Disabilities NSW, NSW Council for Intellectual Disability, the Mental Health Coordinating Council and the Protective Commissioner’s Advisory Committee.
The fee reductions scheduled to take place on July 1 will go ahead in conjunction with the merger of the OPC and the Public Trustee.
Free insurance advice for flood victims [PDF VERSION]
Issued: Friday February 20 2009
NSW Attorney General John Hatzistergos today urged flood victims on the Mid North Coast to seek free legal advice to help them make insurance claims.
“Residents in towns such as Bellingen, Kempsey and Port Macquarie whose homes and property were damaged in the floods are encouraged to seek help,” said Mr Hatzistergos.
“Anyone who needs assistance to make an insurance claim should take advantage of free legal information and advice.”
There are two hotlines available:
- An Insurance Hotline on 1300 663 464, and
- For legal advice, the LawAccess Hotline on 1300 888 529.
Mr Hatzistergos said Legal Aid NSW also publishes a guide called Turning the Tide, Storms, Floods, Insurance and You, which includes important information on how to deal with insurance companies and presents a range of options to help pursue claims on cars, homes and contents.
Copies are available at www.legalaid.nsw.gov.au/publications, or from Legal Aid offices, courts and libraries. The nearest Legal Aid office to flood zone is located at 41 Little Street, Coffs Harbour.
Local Duty MLC Kayee Griffin said flood waters have had a devastating impact on so many people’s property and it is important that affected members of the local community are fully informed about their insurance claim options.
“I would like to encourage people to take advantage of these free services so they know their rights,” Ms Griffin said.
New graffiti laws ban marker pens [PDF VERSION]
Issued: Friday 20 February 2009
As of today, it will be an offence to carry marker pens or etching implements for the purpose of committing graffiti vandalism, Attorney General John Hatzistergos announced.
He said the offence is part of a package of tough new laws to tackle the proliferation of unsightly graffiti tags which deface suburbs and towns across NSW.
“The community has had enough of having to repair damage left behind by this senseless crime,” Mr Hatzistergos.
“The Rees Government is opening a new front in the war on graffiti tags by banning the implements these vandals use to do their dirty work.”
Under the new Graffiti Control Act, which comes into force today, the Government has:
- Made it illegal to possess implements such as marker pens or etching instruments with the intention of using them to damage or deface premises or property. This previously applied only to spray paint cans.
- Given Fair Trading and Police officers the power to issue on-the-spot fines to retailers who fail to properly secure their spray paint can displays, or where spray paint cans are sold to under 18s.
Mr Hatzistergos said the maximum penalties for graffiti offences had been standardised under the new legislation as follows:
- Fines of $2,200 or 6 months’ jail for damaging or defacing premises or property
- Fines of $1,100 or 3 months’ jail for possessing any instrument, including etching equipment or marker pens, intended for use in defacing or damaging premises or property;
- Enabling courts to continue to impose community service work on graffiti vandals
“Offenders who inflict serious damage on property will still be able to be charged with malicious damage under the Crimes Act, which carries a maximum jail term of five years.”
The new measures complement laws introduced by the NSW Government last year to prevent people under 18 defacing property. These include:
- Requiring young people in possession of spray paint to demonstrate it is for a legitimate purpose
- Giving police the power to confiscate spray cans from young people who fail to demonstrate it is for a legitimate purpose
Circle Sentencing Program to expand [PDF VERSION]
Issued: Wednesday 18 February 2009
NSW Attorney General John Hatzistergos today announced the Circle Sentencing program will be expanded.
Mr Hatzistergos said the program was now being rolled out to Nambucca, bringing the total number of locations where the Aboriginal justice program operates to 10.
As he travelled to Kempsey, on the Mid-North Coast, to observe a circle sentence taking place, Mr Hatzistergos also said the program was being adjusted to ensure it meets its key objective of reducing re-offending.
“Circle sentencing is an innovative program for Aboriginal offenders, which involves respected community members in the sentencing and rehabilitation process,” said Mr Hatzistergos.
“However, as we continue to roll it out across the State it is important that the program meets all the objectives it was set up to achieve.”
Last year an evaluation of the program by the Bureau of Crime Statistics and Research found it had a limited impact on re-offending among participants.
Mr Hatzistergos said the program was now being adjusted to:
- Increase the number of offenders referred to the program by setting targets and monitoring each location
- Improve follow up of offenders after sentencing by increasing access to rehabilitation and support to be provided by Corrective Service and Health departments
- Improve training and support for elders involved in the circles
Aboriginal Affairs Minister Paul Lynch said circle sentences are conducted in a less formal setting than conventional courts. Elders discuss the impact of the crime with the offender and help the magistrate to determine an appropriate sentence.
“While the sentences are generally similar in severity to those imposed by conventional courts, facing a panel of respected Elders can have a profound impact on Aboriginal offenders,” Mr Lynch said.
On Wednesday, a circle was convened in Kempsey to sentence a man charged with assault and malicious damage.
Local Duty MLC Kayee Griffin said she was delighted the program was being expanded on the Mid-North Coast.
“In the past year we have seen an increase in referrals to the Kempsey program which reflects the confidence the court and the local Aboriginal community have in the process,” said Ms Griffin.
New Supreme Court Judge appointed [PDF VERSION]
Issued: Wednesday 18 February 2009
NSW Attorney General John Hatzistergos today announced the appointment of Judge Robert Allan Hulme, SC, to the bench of the Supreme Court of NSW.
“Judge Hulme is an experienced and well credentialed judicial officer, who has served as a District Court judge for almost four years,” Mr Hatzistergos said.
“He performed the role of Acting Judge in the Supreme Court late last year and I welcome his return to the court, this time on a permanent basis.”
During a 25-year legal career, Judge Hulme has served as a Deputy Senior Crown Prosecutor, a Deputy Senior Public Defender and as a senior solicitor at Legal Aid NSW.
He also worked on the inquiry into the convictions of Tim Anderson, Paul Alister and Ross Dunn, who were arrested in 1978 for conspiring to murder National Front leader Robert Cameron. The trio had their convictions quashed following the inquiry.
Judge Hulme was appointed a solicitor in 1984 and became a barrister in 1990. In 2002, he was appointed as a Senior Counsel.
Judge Hulme will be sworn in as a Supreme Court Judge on Monday, March 2 2009.
“I congratulate Judge Hulme on his appointment and wish him every success in the role,” Mr Hatzistergos said.
“His strong background in criminal law will no doubt be an asset to the Supreme Court.”
Justice experts to lead public forums on crime and sentencing [PDF VERSION]
Issued: Wednesday 18 February
NSW residents will soon have the chance to hear first-hand, expert accounts of life in the criminal justice system to help those interested better understand our court and sentencing system.
In his address to the 40th Anniversary Symposium of the NSW Bureau of Crime Statistics and Research (BOCSAR) today, Attorney General John Hatzistergos announced that a series of sentencing information sessions will be held across the state from April.
“Many people are not aware NSW has the strongest sentencing regime in the country,” Mr Hatzistergos said.
“However, research by BOCSAR has shown that over the last 15 years, the use of imprisonment as a punishment has increased for most offences and prison terms are generally getting longer.
“Perceptions of crime and justice are often shaped without people hearing the full details of a case.
“The Rees Government is committed to raising greater awareness of crime and sentencing rates to break down some of the existing misconceptions.”
A study released by BOCSAR and the NSW Sentencing Council in August found a large proportion of people were mistaken in their views about crime rates, the proportion of violent crime and the proportion of offenders convicted and imprisoned.
“Those people who had the worst knowledge of the criminal justice system also had the least confidence in the system,” Mr Hatzistergos said.
BOCSAR found a high proportion of people wanted to know more about the court system and sentencing and this included people who already had a high level of knowledge.
The first sentencing information forum, to be led by Chairman of the NSW Parole Board and former NSW Chief Magistrate Ian Pike AM would be held in Parramatta on 7 April, with further forums to follow.
A panel including an expert from BOCSAR and Howard Brown from the Victims of Crime Assistance League, will explain sentencing and provide information about crime, court processes and support services for victims.
Mr Hatzistergos congratulated BOCSAR on its ongoing success.
“In addition to providing important statistical information, BOCSAR’s research has had a profound impact on law and policy in this state, influencing the law in areas such as random breath testing, sexual assault, domestic violence and crime prevention,” he said.
Drug Court celebrates 10th anniversary [PDF VERSION]
Issued: Friday 6 February 2009
Attorney General John Hatzistergos will today open a special conference marking the 10th anniversary of the NSW Drug Court.
“The Drug Court was the first of its kind in Australia, and since it opened in 1999 other States have used the successful program as a model for their own programs,” Mr Hatzistergos said.
Mr Hatzistergos said the court had helped almost 1700 drug-dependent offenders address the causes of their criminal behaviour. Around 150 defendants complete the program each year, following intensive drug treatment and rehabilitation.
The conference, which is being held in Parramatta, will feature experts in law, health and corrections and will analyse how the Drug Court has achieved its success.
The Member for Parramatta Tanya Gadiel said a purpose-built Drug Court registry is being constructed at Parramatta Courthouse as part of the building’s $13 million upgrade.
“Not only is the Drug Court a worthwhile program, it is also the catalyst for continued infrastructure investment in Parramatta,” she said.
Ms Gadiel said the Drug Court was operating at the neighbouring Sydney West Trial Courts until the upgrade is completed in July.
The Bureau of Crime Statistics and Research evaluated the Drug Court last year and found it was an effective alternative to prison for drug dependent offenders.
“The evaluation showed that the program is more cost-effective than prison in reducing re-offending rates among drug offenders,” Mr Hatzistergos said.
“Those who finish the program are 37% less likely to be convicted of a further offence and 58% less likely to be convicted of a drug offence.”
Mr Hatzistergos said the Government was currently examining the option of extending the Drug Court program.
The Drug Court conference will be held from 9:20am to 3:30pm, Friday, February 6, at the Riverside Theatre, Church Street, Parramatta.
The speakers include Professor Richard Mattick, Director of the National Drug and Alcohol Research Centre, Nicholas Cowdery QC, NSW Director of Public Prosecutions, Senior NSW Drug Court Judge Roger Dive, Magistrate Stephanie Tonkin, from the Queensland Drug Court and Craig Jones, of the Bureau of Crime Statistics and Research.
NSW Courts attract international attention [PDF VERSION]
Issued: Tuesday 3 February 2009
NSW Attorney General John Hatzistergos has welcomed interest from international delegations which have come to NSW to see our new high-tech courtrooms and hear about advances in crime prevention.
“NSW is a world leader for technologically advanced courts and innovative crime prevention programs,” Mr Hatzistergos said.
“In the past six months, government officials from six nations have visited Sydney to see if they can adopt aspects of our justice programs and court facilities in their own countries.”
Papua New Guinea’s (PNG) Chief Magistrate was today part of a delegation to visit the headquarters of the Attorney General’s Department of NSW in Parramatta.
Mr Hatzistergos said PNG’s Restorative Justice Team had a strong interest in programs designed to reduce re-offending.
He said the PNG delegation had learned about NSW programs such as the Drug Court, Circle Sentencing, Forum Sentencing, Magistrates Early Referral Into Treatment (MERIT) and the Domestic Violence Intervention Court Model.
“A common link among many of these programs is their focus on addressing the causes of offending behaviour and giving participants a pathway to a law abiding future”.
Other recent visitors to NSW include legal delegations from:
- China – inspected NSW District and Local Courts and discussed domestic violence programs
- Sweden – studied strategies to combat youth crime and organised crime
- Papua New Guinea (a separate delegation visited in October 2008) – examined the JusticeLink computer case management system
- Thailand – learnt about how NSW conducts drug trials
- Ukraine – examined court facilities for people with a disability
- Vietnam – discussed victims’ support programs
- Singapore – toured the high security Sydney West Trial Courts with a view to building a similar complex.
The NSW court system is consistently rated among the best performing in Australia, according to the Productivity Commission’s Report on Government Services.
The Member for Parramatta Tanya Gadiel said the new $330 million Parramatta Justice Precinct had attracted international attention.
“The court includes state-of-the-art audio visual technology, CCTV links from prisons and witness rooms, and the latest security equipment to protect judges and hold terrorism trials.
She said it had provided a major boost to the region as it offers shopfront services and has attracted local business investment.
The NSW Government is investing $46.1 million in court-related services and facilities in 2008-09.
Central West barrister appointed as magistrate [PDF VERSION]
Issued: Wednesday 21 January 2009
Attorney General John Hatzistergos today announced the appointment of Orange barrister Michael Allen to the bench of the NSW Local Court.
Mr Hatzistergos said Mr Allen had extensive experience as a legal practitioner in country NSW and in Sydney’s western suburbs, where he specialised in criminal law.
“Mr Allen has a proven ability to manage a large and varied workload and this attribute will certainly be useful in our busy Local Courts,” Mr Hatzistergos said.
“I congratulate him on his appointment as a magistrate and wish him every success in his new role.”
In a legal career spanning more than two decades, Mr Allen has worked as a solicitor for the Office of the Director of Public Prosecutions and the Legal Aid Commission.
“Having sat at either side of the bar table, Mr Allen has an insight into the processes of defending and prosecuting the accused and broad experience as a general practitioner,” Mr Hatzistergos said.
“He has appeared as an advocate in mental health hearings and is a former member of the board of Lyndon House, which assists people in the state’s central west to overcome drug addictions.”
For the past six years, Mr Allen has been practising as a barrister in Orange, representing clients in the Local, District and Supreme Courts as well as the Children’s Court.
He holds a Bachelor of Laws from Sydney University and was first placed in the NSW Bar Association’s Readers Course in 2002.
Mr Allen’s appointment followed a rigorous recruitment process, including an assessment by an independent selection committee.
He will be sworn in as a magistrate at a ceremony in the Downing Centre Courthouse in Sydney on January 27.
His appointment follows the retirement of magistrate John McIntosh.
Call for submissions on new surrogacy laws [PDF VERSION]
Issued: Sunday 18 January 2009
As part of a move toward new surrogacy laws, the question of allowing couples with surrogate children to apply for legal recognition as parents will be discussed, said NSW Attorney General John Hatzistergos.
The national Standing Committee of Attorneys General (SCAG), as well as the ministerial councils for Community Services and Health, have released a paper calling for submissions on a national model for surrogacy regulation.
“The paper has been released for public discussion and a national model will be finalised after broad community consultation,” Mr Hatzistergos said.
Commonwealth Attorney-General Robert McClelland said laws on surrogacy varied throughout Australia.
“The differing laws on this complex and sensitive issue often force prospective parents to enter another Australian state or territory to have surrogate children,” said Mr McClelland.
”The Rudd Government supports this national initiative and has made the necessary amendments to the Family Law Act to recognise surrogacy arrangements made under state and territory law.”
Submissions on issues raised in the paper will be collated and sent back to Attorneys General at SCAG later this year.
Mr Hatzistergos said, “Laws in some jurisdictions make it difficult for parents to obtain a passport or a school enrolment for children born through surrogacy.”
To be discussed will be the issue of allowing couples that have children through surrogacy to seek a parentage order through the courts.
“If the national model is adopted, courts could grant a parentage order to a couple if it was in the best interests of the child and the surrogate mother had given her informed consent,” Mr Hatzistergos said.
“It could also be a condition of the parentage order, that all parties had undertaken specialist counselling before the conception of the child.”
While commercial surrogacy would remain illegal in Australia, the issue of allowing surrogate mothers to be reimbursed for losses and expenses incurred during pregnancy will also be discussed.
“The intended parents of a child could legally cover the cost of the surrogate mother’s medical treatment and lost wages,” Mr Hatzistergos said.
Meantime, the NSW Legislative Council Standing Committee on Law and Justice is conducting a review of surrogacy issues in NSW. Altruistic surrogacy is not regulated in NSW.
The review will feed into the NSW Government’s position on the proposed national model.
Surrogacy paper available on Lawlink
Issued: Monday 19 January 2009
The paper proposing a national model for the regulation of surrogacy is available on Lawlink >>
Submissions should be posted to:
Executive Officer
Secretariat of the Standing Committee of Attorneys-General
NSW Attorney General’s Department
GPO Box 6
Sydney NSW 2001
or emailed to: Natalie_Marsic@agd.nsw.gov.au.
The closing date for submissions is 16 April 2009. Inquiries may be directed to the Standing Committee of Attorneys-General (SCAG) Secretariat, telephone: 02 8061 9325.
More help for homeowners in mortgage stress [PDF VERSION]
Issued: Saturday 17 January 2009
The Rees Government today launched a new guide for people suffering mortgage stress, as new figures show more than 1,500 homes were repossessed last year.
Attorney General John Hatzistergos said The Mortgage Stress Handbook, produced by Legal Aid NSW, offered practical advice for anyone in danger of losing their home or experiencing financial difficulty.
“This is a valuable new resource which informs people in mortgage stress of their options and includes information on where to turn for further assistance,” Mr Hatzistergos said.
“If you are having problems making ends meet, the best thing you can do is know your rights and act early.”
The Handbook covers a range of scenarios, including advice on what to do if:
- You have missed a loan payment;
- Your financial lender has contacted you;
- You have received a default notice; or
- The Sheriff is at your door.
Copies are available at www.legalaid.nsw.gov.au/mortgagestresshandbook or phone (02) 9219 5028.
Mr Hatzistergos said home repossession rates had remained consistently high over the past three years.
“Since 2006, the annual number of repossessions has exceeded 1,500, which is almost three times higher than in 2004, when 560 homes were taken,” he said.
“Further, the State Government’s free legal helpline - LawAccess NSW - took more than 15,000 calls last year from people experiencing problems with debt.
“The Rees Government is committed to helping NSW homeowners in mortgage stress get the assistance they need in a convenient and accessible way.
Last year, Legal Aid NSW ran a number of public information forums in Western Sydney and on the Central Coast on how to deal with mortgage stress.
“I am pleased to announce that additional forums aimed at first homebuyers will be held in Newcastle and Dapto later this year, with a range of legal and financial experts to provide information and advice,” Mr Hatzistergos said.
Government welcomes news of fewer Section 10s [PDF VERSION]
Issued: Wednesday 14 January 2009
Attorney General John Hatzistergos today welcomed a report by the Bureau of Crime Statistics and Research (BOCSAR) which showed a decline in Section 10s given for high and medium range drink driving.
The BOSCAR study shows the number of Section 10s being given for high range drink driving had dropped by 71% since a guideline judgement was made by the Criminal Court of Appeal in 2004.
The report found there are more convictions and more severe sanctions for high range drink driving offences.
The report also found Section 10s for mid-range offences had fallen by 30% since 2004 and that there was a slight reduction in the number of low range Section 10s given by courts.
“While the Government welcomes the impact of the Criminal Court of Appeal’s guideline judgment on the use of Section 10s, we acknowledge more needs to be done,” said Mr Hatzistergos.
“The availability of Section 10s allows courts to avoid rigidity but it is important to acknowledge that community awareness and attitudes to drink driving offences have changed.”
To this end, the Government will convene a working party to examine the prospects of seeking a further guideline judgement or legislative changes.
At present a Section 10 order, that finds an offender guilty but does not proceed to conviction, can be issued where the offender has special characteristics or there are extenuating circumstances.
A section 10 order can be issued subject to a person entering into a good behaviour bond for up to two years or attending an accredited traffic offender program.
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