Ministerial media releases 2008
This is a list of media releases issued by the Attorney General in 2008.
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2008
New legal harassment laws start today [PDF VERSION]
Issued: Monday 1 December 2008
People who habitually use the court system to pursue unreasonable law suits and intimidate others will be subject to new legislation which comes into force today.
NSW Attorney General John Hatzistergos said these “vexatious litigants” were a drain on court resources and the government’s new Vexatious Proceedings Act 2008 aimed to weed them out of the system.
“From today, anyone who frequently and persistently takes legal action without reasonable grounds or for improper purposes can be declared a vexatious litigant,” Mr Hatzistergos said.
“Their actions often result in the harassment of innocent parties and a waste of public resources.
“Our new laws aim to stamp out this practice and will give judges the power to banish anyone declared a vexatious litigant from their courtrooms.”
Under the new law:
- It will be simpler to declare someone a vexatious litigant. The applicant need only prove the respondent frequently instituted or conducted vexatious proceedings.
- The range of people who may apply to declare someone a vexatious litigant has been expanded.
- Vexatious proceedings orders can be made against persons acting in concert with vexatious litigants.
- The Land and Environment Court and the Industrial Relations Commission, in addition to the Supreme Court, will be able to make vexatious litigant orders.
- Courts will have extensive powers to deal with vexatious litigants, including powers to stay proceedings and prohibit the institution of further proceedings.
Mr Hatzistergos said he had heard of some instances in which court abusers had pursued more than 100 cases each, costing their unwitting opponents millions of dollars in legal bills.
“We have introduced these measures not only to free up the justice system, but to protect the good citizens of this state.”
New graffiti laws pass [PDF VERSION]
Issued: Thursday 27 November 2008
Graffiti vandals caught with marker pens and etching equipment will face the same penalties as those with spray cans, under new laws passed in NSW Parliament.
NSW Attorney General John Hatzistergos said the Rees Government had delivered a tough package of measures under its new Graffiti Control Bill 2008 that broadened the scope of previous laws and brought them together under one piece of targeted legislation.
“Unsightly graffiti tags are tarnishing local communities across NSW and the Government is determined to deal harshly with the vandals who are defacing and damaging property,” Mr Hatzistergos said.
“Our police will catch you, and when they do, you face serious penalties including harsh fines, community service and even jail time.”
“In addition to spray cans, the new laws make it illegal to possess such implements as marker pens or etching instruments with the intention of using them to damage or deface premises or property.
“Retailers also face on-the-spot fines for failing to properly secure their spray paint can displays, or for sellling spray paint cans to persons under 18.”
The maximum penalties for graffiti offences are:
- 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; and
- Enabling courts to continue to impose community service work on graffiti vandals.
Offenders who inflict serious damage on property can still be charged with malicious damage under the Crimes Act, which carries a maximum jail term of five years.
Mr Hatzistergos said these new measures complement laws introduced by the NSW Government last year to prevent people under 18 defacing property:
- 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
Disadvantaged people to work off their fines [PDF VERSION]
Issued: Wednesday 26 November 2008
In an Australian first, severely disadvantaged members of the community will be able to complete charity work or treatment programs to pay off their fines, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said major reforms to the state’s Fines Act were being introduced into Parliament this week and had received the backing of the state’s key charity groups, including The Salvation Army, St Vincent de Paul Society and Youth Off The Streets.
“Currently we have a system in which any unpaid penalty notices and court fines are ultimately referred to the State Debt Recovery Office (SDRO) for enforcement action,” Mr Hatzistergos said.
“This system works well for people who have an income and assets. However, there are many disadvantaged members of the community who are simply unable to pay.”
Mr Hatzistergos said the Rees Government would conduct 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.
“These Orders could require a person to undertake voluntary work for approved charities. Alternatively, they could be required to complete educational, vocational or life skills courses, counselling, drug and alcohol treatment, or a mentoring program if the person is under the age of 25,” he said.
The program aims to address a phenomenon known as ‘secondary offending’, which occurs when disadvantaged people can’t pay their fines and then get dragged deeper into the criminal justice system because of their fine debt.
Other changes to the Fines Act include:
- Easier and more flexible payment options for fines, such as periodic deductions;
- Giving guidelines to officers so they know when they should issue an official caution instead of a penalty notice for minor infractions; and
- Making it clear that all agencies can review penalty notices in exceptional circumstances.
- 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 ensure those people who can’t afford to pay their fines are able to give back to the community in a meaningful way,” Mr Picot said.
Chief Executive Officer of the Public Interest Advocacy Centre, Robin Banks, said: “We congratulate the Government and, in particular, the NSW Attorney General for moving forward with these important reforms.
“The Attorney's willingness to work with organisations seeking reform has been very positive and we think the reforms will make a very real and positive difference for individuals and the community,” she said.
The changes were based on recommendations made by the Sentencing Council in its 2006 report on the effectiveness of fines as a sentencing option.
In addition, the NSW Law Reform Commission will conduct a further review of penalty notice offences to ensure fines are consistent across government.
$4 million Dubbo Courthouse facelift completed [PDF VERSION]
Issued: Friday 21 November 2008
The largest upgrade of Dubbo Courthouse in more than a quarter of a century has been completed on budget and on schedule, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos and Independent Dubbo MP Dawn Fardell will today attend a ceremony to officially open the $4.1 million courthouse extensions.
“The expanded courthouse is more secure, more technologically advanced and more accessible to people with disabilities,” Mr Hatzistergos said.
A portable X-ray machine and metal detector will enable Sheriff’s Officers to scan court users when necessary and a new six-cell complex features separate facilities for juvenile prisoners to prevent them mixing with adult prisoners.
“The new facilities and equipment allow Sheriff’s Officers to increase security at the courthouse at short notice if a risk is detected,” Mr Hatzistergos said.
Mr Hatzistergos said improved jury facilities, including a large and well-equipped new assembly room, will enable people with a disability to serve as jurors in trials at the courthouse.
“The assembly room is in a secure section of the courthouse, which will reduce the risk of jurors coming into contact with witnesses or defendants,” said Mr Hatzistergos.
He said the courthouse registry has undergone a major overhaul, based on a new design that aims to make services simpler, faster and easier to access.
“The lower registry counter is designed for people using a wheelchair or who may be more comfortable sitting down, such as pregnant women,” said Mr Hatzistergos.
Mr Hatzistergos congratulated Dubbo firm Rawson Constructions on its timely and professional completion of the courthouse upgrade.
Drug Court working to break drug-crime cycle [PDF VERSION]
Issued: Tuesday 18 November 2008
NSW Attorney General John Hatzistergos welcomed the findings of two reports released today, which show the Parramatta Drug Court is an effective alternative to prison for drug dependent offenders.
Mr Hatzistergos said the findings by the Bureau of Crime Statistics and Research (BOCSAR) and the Centre for Health Economics Research and Evaluation (CHERE) were very encouraging and paved the way for the NSW Government to consider the potential for expanding the program’s reach.
The program, which runs for a minimum of 12 months, works to break the drug-crime cycle and was the first Drug Court created in Australia when it began in 1999.
In its second evaluation of the Drug Court, BOCSAR found that participants accepted into the program were:
- 17 per cent less likely to be reconvicted for any offence;
- 30 per cent less likely to be reconvicted for a violent offence; and
- 38 per cent less likely to be reconvicted for a drug offence.
In addition, the CHERE report concluded the program was less costly than conventional prison and produced better outcomes for participants.
“These results show the program is more cost-effective than prison in reducing reoffending rates among offenders of drug related crimes,” Mr Hatzistergos said.
“In light of these findings, the NSW Government will consult with the Drug Court and other government agencies to investigate expanding the Court’s reach.”
Mr Hatzistergos and the Member for Parramatta, Tanya Gadiel, today attended the graduation of five program participants at a ceremony held at the Sydney West Trial Courts in Parramatta.
Congratulating the graduates on the commitment they demonstrated during the course of the program, they acknowledged the hard work they have undertaken to beat their habits and make a positive contribution to society.
“With the support of their families and friends, each participant has undergone an intensive drug treatment and rehabilitation program that will give them the skills to reintegrate into society, away from a life of crime,” Mr Hatzistergos said.
“When offenders enter the Drug Court, they are often entrenched in a life of drug-related crime and have a jail sentence hanging over their heads.
“The program works by helping to eliminate drug dependency among participants. It also helps offenders to address other causes of crime, such as homelessness and mental health issues to equip them with the skills to re-integrate into society and make long-term changes to their lives.”
Ms Gadiel said the participants who graduated today are to be commended for addressing their problems.
“Each individual is leaving the court today with valuable life and job skills. I wish them every success for the future.”
Throughout the program, participants must undergo regular drug testing, engage in education and rehabilitation courses and regularly report to the court on their progress.
A purpose-built Drug Court registry is currently being created at Parramatta Courthouse as part of the building’s $13 million upgrade, due for completion in July 2009.
Judicial Commission of New South Wales Media Release
Drink driving offences attract harsher penalties in Local Courts [PDF VERSION]
Issued: Wednesday 19 November 2008
There has been a reduction in the number of offenders sentenced before the Local Court for high and mid-range drink driving according to a new study by the Judicial Commission of NSW.
The Commission’s study examines sentencing patterns for the 20 most common proven offences dealt with by the Local Court in 2007 and how they differ from previous studies in 2002 and 1992.
Since 2002, the proportion of drivers sentenced for high-range PCA (prescribed concentration of alcohol) has fallen by 20 per cent and mid-range PCA has fallen by 7 per cent. The severity of penalties handed out to drink drivers has also increased with more offenders disqualified from holding a licence and for longer periods than in previous studies.
However low range PCA has increased and drink driving in general remains the most common offence on the list.
Motor vehicle offences continue to dominate – half the offences on the list of 20 relate to driving, licensing, vehicle registration and prescribed PCA offences.
In summary, the study’s findings reveal:
- the 20 most common offences have remained fairly stable over the last five years: 18 offences appearing in the 2007 list also appeared in the 2002 list
- mid-range PCA remains the most common offence, as it was in 2002 and 1992, although its frequency has reduced (from 11.2% in 2002 to 9.7% in 2007)
- although low, middle and high-range PCA offences taken together account for almost one-fifth of offenders, the proportion of offenders falling into this category has decreased to 19.5% of offenders in 2007, down from 20.6% in 2002 and 24.4% in 1992
- the most noticeable change of ranking and sentencing has been for the high-range PCA offence which has fallen from the fifth most common offence to the eleventh and accounts for 3.5% of offenders compared with 4.7% in 2002
- there has been a general increase in the severity of penalties for high-range PCA offences, including a marked increase in the use of custodial sentences (8.1%) compared with 4.3% in 2002) and a reduction in the use of fines (40.4% compared with 59.3%)
- overall, fines remain the most common sentencing outcome (48.2%), followed by good behaviour bonds (18.0%), non-conviction orders (16.7%) and full-time imprisonment (6.5%)
- there has been a noticeable increase in the length of sentences for full-time imprisonment and periodic detention from a median of six months to eight months
Commenting on the study, the Chief Executive of the Judicial Commission, Mr Ernie Schmatt said "This study provides a good insight into contemporary sentencing practice in the Local Courts.
"The findings confirm the results of a 2005 Judicial Commission study which found that there has been a decline in the use of non conviction orders for high-range PCA offences and a general increase in the severity of penalties," Mr Schmatt stated.
Toronto Court delivers sobering message [PDF VERSION]
Issued: Thursday 13 November 2008
High school students will learn about the damaging effects of alcohol and other drugs at a series of workshops to be held at Toronto Courthouse this week, NSW Attorney General John Hatzistergos said.
The courthouse is hosting a Community Engagement Day on Friday, which will include mock trials, information stalls and workshops for Year 8 students and their parents.
“The students will learn about the impact alcohol and other drugs can have on a person’s physical and mental health,” Mr Hatzistergos said.
“Police will highlight the dangers of drink driving and explain how substance abuse can place young people at a higher risk of being a victim or a perpetrator of a crime.
“Youth workers will provide the students with strategies as to how to cope with peer pressure, to party safely and to assist friends who binge drink or take illicit drugs.”
The workshops for parents will focus on:
- Parental responsibility regarding the use of alcohol and other drugs by children
- Helping parents detect signs of possible substance abuse among their children.
Organisations participating in the engagement day include the Attorney General’s Department, the NSW Police Force, the Salvation Army, beyondblue, the Community Drug Action Team and the Housing Department.
“The abuse of alcohol and other drugs can have a devastating effect on the safety and unity of families and the wider community,” Mr Hatzistergos said.
“I commend the Toronto community on taking positive steps to ensure the younger generation grow into responsible adults.”
The engagement day will be held at Toronto Courthouse from 9:30am to 2:00pm on November 14. The events, while targeting school students and their parents, will also be open to the community.
Mini-Budget delivers 14 extra lawyers to DPP [PDF VERSION]
Issued: Tuesday 11 November 2008
The Rees Government will provide funding for an extra 14 lawyers for the Office of the Director of Public Prosecutions (ODPP) as part of the Mini-Budget.
NSW Attorney General, John Hatzistergos said the 14 additional lawyers will be located in the following locations to meet workload demands:
- 5 additional lawyers in Sydney
- 4 additional lawyers in Western Sydney (Penrith, Campbelltown and Parramatta)
- 4 additional lawyers in regional offices (Newcastle, Gosford, Wagga Wagga, Dubbo and Lismore)
The NSW Government will fund the positions for two years from January 1, 2009 at a cost of $1.4 million per annum.
In the meantime, the new Executive Director of the ODPP – a position created on the recommendation of the NSW Auditor General to oversee wise spending and employment commencing October 28, 2008 – will work to ensure resources are deployed more effectively and spread more evenly so that the ODPP will be in a position to fund the additional legal placements itself.
Offenders to pay more to Victims Compensation Fund [PDF VERSION]
Issued: Tuesday 11 November 2008
The Rees Government will double the current Victims Compensation Levy as part of the Mini-Budget, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the levy, which must be paid by people convicted of offences, had not increased for 11 years.
“The current levy of $70 for offenders convicted of serious offences and $30 for less serious offenders will be doubled,” Mr Hatzistergos said.
“In 2007/08 criminals paid around $2.8 million in victims compensation levies.
“By increasing the existing levies, we expect an additional $2.4 million per year will be raised.”
Mr Hatzistergos said the NSW Government delivers important services to compensate and rehabilitate victims of crime.
“The Victims Compensation Fund ensures much needed support services are available to victims of crime throughout the state to help them with their recovery,” he said.
“Victims can receive assistance with counselling, medical costs, loss of earnings and loss of personal effects. This is an important part of the healing process.”
In addition, Mr Hatzistergos said the Attorney General’s Department will streamline the compensation claim process by reducing the instances where legal fees are required to be paid.
“An estimated $2.6 million could be saved by cutting red-tape for victims lodging a claim,” he said.
“The Rees Government is strongly committed to providing victims with the support they need to recover from their ordeal and will continue to enhance the victims compensation system.”
Increased recovery of costs from Supreme Court Civil Litigants [PDF VERSION]
Issued: Tuesday 11 November 2008
The NSW Government will increase fees for Civil Litigants who use the NSW Supreme Court, in a move that will result in an estimated $1 million in additional revenue each year, Attorney-General John Hatzistergos announced today.
As part of the Mini-Budget, the Supreme Court will charge civil litigants a daily hearing fee if their case runs for two days or more, just as the Federal Court does. Currently, the fee is imposed after 10 days.
“We welcome businesses and other civil litigants who regard Sydney as a centre of excellence for commercial law,” he said.
“But at the same time we recognise that NSW taxpayers shouldn’t have to bear an excessive burden due to the conduct of those cases in this State.”
The fee will be $345 for a half day or $690 for a full day of court time.
Mr Hatzistergos said in the past the fees imposed on civil litigants only covered 25% of the cost of hearing the cases.
“The new fee structure brings NSW in line with other Australian jurisdictions that have long recognised civil litigants should contribute to the cost of resolving their commercial disputes.”
He said the net cost to the NSW budget from Supreme Court civil cases was $36.5 million in 2006-07 compared to $18.4 million for Western Australia, $17.4 million for Victoria and $12.6 million for Queensland.
Mr Hatzistergos said it was appropriate to raise the fees so that court users contribute to the cost in proportion to their use of the system.
“In recent years the Supreme Court has heard many large commercial cases, commonly referred to as mega-litigation, as a number of high profile defamation matters, yet until now we were charging less than other jurisdictions.”
The Supreme Court will continue to offer free mediation services to resolve disputes without a hearing or to shorten the length of hearings.
Local Aboriginal student wins awards for court work [PDF VERSION]
Issued: Friday 30 October 2008
Belmont High School student Jade Luke’s dream of a career in law has received a boost, after being awarded the highest honour at the Vocational Educational and Training Workplace Excellence Awards in Belmont on Tuesday night.
Jade was named Student of the Year and received an award for Excellence in a School-Based Traineeship in Business Services for her performance during an 18-month placement at Belmont Courthouse.
NSW Attorney General John Hatzistergos said 18-year-old Jade was a worthy recipient of the awards.
“Staff and clients of the court have been impressed by Jade’s strong work ethic and her desire to strengthen programs that assist the Aboriginal community,” Mr Hatzistergos said.
“She has developed a reputation as a fast learner and has been rewarded with additional responsibilities that include handling counter enquiries, the sound recording of court proceedings and even training other work experience students.”
Belmont Courthouse was also recognised at last night’s ceremony, winning an award for Excellence as an Employer in Business Services.
“The court’s Aboriginal school-based traineeship program is a great way for Indigenous school students to learn career skills and to prepare for the next stage of their lives,” Belmont Courthouse Registrar Jeff Reid said.
“Court staff have invested a significant amount of time training Jade and it has been extremely rewarding to see her develop into an efficient and meticulous worker and a valued member of our team.”
Jade, who is midway through her HSC, will complete the traineeship program next Thursday.
“Everyone at Belmont Courthouse has been really supportive and it will be sad to say goodbye,” Jade said.
“But I am interested in studying law at university, so who knows, maybe one day I will come back to the court.”
Member for Swansea Robert Coombs also paid tribute to Jade and staff at the Belmont Courthouse.
“This is excellent recognition for Jade who has worked extremely hard over the last 18 months to develop her business skills and I wish her all the very best in her future career,” Mr Coombs said.
The Vocational Educational and Training Workplace Excellence Awards recognize Newcastle and Lake Macquarie students and employers who have delivered outstanding results in structured workplace learning or school-based apprenticeships and traineeships.
The awards ceremony was hosted by Career Links, a Local Community Partnership (LCP) between schools, TAFE and industry, which has been funded by the NSW and Australian Government. The ceremony also received support from local businesses.
NSW Government puts graffiti vandals on notice [PDF VERSION]
Issued: Thursday 30 October 2008
Tough new measures to tackle unsightly graffiti tags in local communities across NSW are being introduced into Parliament tomorrow.
Attorney General John Hatzistergos said a new Graffiti Control Bill would bring together all the state’s existing graffiti laws to make it easier for police and the courts to bring more offenders to account.
“The Rees Government is taking affirmative action against this pointless and costly crime which impinges on a community’s sense of safety and wellbeing,” Mr Hatzistergos said.
Key reforms include:
- Making 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.
- New powers 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 persons under 18 years of age.
Mr Hatzistergos ruled out a ban on spray cans but said the government would liaise with the paint manufacturing industry on developing a spray paint can that is more difficult for graffiti vandals to misuse.
“Banning spray cans would unfairly punish legitimate users and would simply encourage more vandals to find alternative tools,” he said.
“We will continue to work with industry to ensure spray paint cans stay out of the wrong hands.”
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 texta 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.”
All of these 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
Mr Hatzistergos said the government would examine extending these laws to adults and to cover other tools used by graffiti vandals.
Major Government crackdown on sex offences [PDF VERSION]
Issued: Saturday 25 October 2008
The Rees Government is drafting new sex crime legislation which will create new offences and increase penalties, said NSW Attorney General John Hatzistergos.
The new laws come out of a landmark 158-page report into sexual offences and child pornography by the Sentencing Council, chaired by retired Supreme Court Judge James Wood. The legislation will be introduced this Parliamentary session.
Mr Hatzistergos said the maximum penalty for possessing child pornography will double to 10 years, while a new aggravated offence of having sex with a child under 10 will carry a maximum in excess of 25 years in prison.
“The protection of people from sexual abuse and exploitation are among the most important responsibilities the Government has to the community,” said Mr Hatzistergos.
“After a comprehensive and balanced examination of our laws, the Sentencing Council has recommended the most significant crackdown on sex offences in a generation.”
“He identified a number of inconsistencies and gaps within NSW law, and between state and Commonwealth law, as a result of the rapid changes in laws to stop sexual assault and child abuse in recent years.”
“The Rees Government will use these recommendations as the gold standard for new legislation to safeguard adults and children from sexual predators.”
The report is the first of two requested by the Attorney General last year. Part Two, into repeat offending by sex offenders, is underway. Part One recommends:
Offences specific to children
- Increasing the penalty for possession of child pornography from five years to a maximum of 10 years imprisonment
- Increasing the penalty for obtaining a benefit from child prostitution from 10 years imprisonment to 14 years
- Increasing the maximum penalty for indecency offences committed against children to 10 years imprisonment from a sentence range of two to seven years, bringing the penalty in line with child pornography• Creating a new aggravated offence of having sexual intercourse with a child under the age of 10 years that will carry a maximum penalty in excess of 25 years imprisonment
- Creating a new offence of meeting a child, or travelling with the intention of meeting a child, following grooming where that involved the communication of indecent material or suggestions made to the child to meet for sexual purposes, similar to United Kingdom laws with penalties ranging from six months to 10 years
- Clarifying that child pornography offences include ‘pseudo’ images which may be produced without real children, or may be manipulated photos or images of children. It will also introduce a definition of ‘producing’ child pornography into the legislation
The Government will also stop sentencing courts taking into account good reputation, good character and lack of a criminal history as mitigating circumstances for child sex offenders when they have used these to gain people’s trust to commit their crimes.
Offences against adults and children
- Increasing the penalty for causing sexual servitude in circumstances of aggravation from 19 years to 20 years imprisonment
- Increasing the penalty for sexual assaults that are committed by breaking and entering into the victim’s house above the current 14 year maximum
- Creating new offences of voyeurism and aggravated voyeurism, similar to United Kingdom laws, with penalties ranging from six months to two years
- Creating new aggravated offences of filming for an indecent purpose and installing a device to facilitate filming for an indecent purpose with a maximum penalty of five years
- Creating a new offence of inciting one or more persons to commit a sexual offence, with penalties commensurate to the offence the person was incited to commit
Mr Hatzistergos said the Government will also establish a Sexual Offences Working Party, headed by Supreme Court Justice Elizabeth Fullerton, and a Child Pornography Working Party, headed by District Court Judge Peter Berman, to conduct larger general reviews.
The Sexual Offences Working Party will examine 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.
The Government also supports the Council’s recommendation to remove the artistic purposes defence for child pornography that depicts children as the victim of torture, cruelty or physical abuse or children engaged in sexual activity.
The Child Pornography Working Party will examine how this can be done without infringing on the rights of journalists and artists to depict valid situations involving children.
The Child Pornography Working Party will also examine the artistic purposes defence in the context of child pornography involving the more general category of depicting children in a sexual context. The Government has supported in principle the report’s recommendation to remove this aspect of the defence.
Increase in damages for victims of discrimination [PDF VERSION]
Issued: Thursday 23 October 2008
The Administrative Decisions Tribunal will soon be able to award victims of unlawful discrimination up to $100,000 in compensation, NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said amendments to the Administrative Decisions Tribunal Act 1997 to more than double the current compensation cap of $40,000 had passed through NSW Parliament.
“If the Tribunal finds someone has suffered from discrimination, such as on the basis of gender, sexuality, disability or race, up to $100,000 in compensation could be awarded,” Mr Hatzistergos said.
“This is a significant increase in the maximum amount of compensation that the Tribunal can award to victims.
“It will allow the Tribunal to make compensation payments that better reflect the seriousness of the consequences of discrimination.
“It will also bring NSW more in line with damages available in other jurisdictions and reinforce the importance of the ADT’s jurisdiction in ensuring that discriminatory conduct will not be tolerated in NSW.”
Other reforms include transferring the power to grant exemptions from the operation of the Anti-Discrimination Act 1977 from the Attorney General to the President of the Anti-Discrimination Board.
A recent example was a Western Sydney bus company which received an exemption from the Act in order to advertise for female bus drivers only.
In addition, a range of miscellaneous amendments were made in relation to the operation, functions and constitution of the Administrative Decisions Tribunal to ensure it remains an independent, accessible and cost-effective forum for the people of NSW.
Community views sought on new sentencing option [PDF VERSION]
Issued: Wednesday 22 October 2008
The Rees Government is inviting public comment on a new style of community-based sentence, which could replace the system of periodic detention.
NSW Attorney General John Hatzistergos today released a consultation paper on a new sentencing option, called an Intensive Corrections Order (ICO),that has been backed by victims groups and legal experts.
“In January, the NSW Sentencing Council, which is headed by Justice James Wood and includes three of the state’s key victims groups, recommended the abolition of periodic detention and the creation of a new order,” Mr Hatzistergos said.
“The proposed Intensive Corrections Order could force offenders to make changes to their lives which they would not do themselves.”
Under the new system, courts would be able to impose a term of imprisonment to be served by way of an ICO with a number of components.
Following a suitability assessment by a Probation and Parole Officer, the offender would be subject to strict monitoring and be forced to comply with a range of conditions and obligations. These may include:
· Completing a minimum number of hours of community work
· Undertaking rehabilitative programs
· Being subjected to supervision, drug and alcohol testing
· Complying with night curfews
· Electronic monitoring
The NSW State Parole Authority would have the power to revoke the Order and sanctions include ordering the offender to full-time imprisonment if they fail to comply with the strict conditions.
Orders could be imposed on offenders sentenced to up to two years jail, so will not apply to serious violent offenders.
Mr Hatzistergos said Intensive Corrections Orders are used in Victoria, Queensland and Western Australia, as well as New Zealand, Europe and the United States.
On periodic detention, the Sentencing Council found:
· It is not always available as an option in rural and regional areas;
· Current periodic detention facilities are under-utilised, and
· There is a lack of case management of offenders.
“However, before we decide to introduce the new order, we want to hear from the judiciary, legal profession, victims support groups, Government agencies, community groups who use periodic detainees and the wider public,” Mr Hatzistergos said.
“The NSW Government is committed to finding the best solution to encourage rehabilitation and prevent re-offending and we will do that by canvassing our stakeholders’ views.”
The Vice President of the Victims of Crime Assistance League, Howard Brown, said one of the greatest drawbacks of the periodic detention regime, was that it doesn’t address offending behaviour.
“This new order will allow things to be put back into the community through work and will provide access to drug and alcohol programs which will allow us to achieve a reduction in re-offending rates.”
The discussion paper is available from www.lawlink.nsw.gov.au/clrd.
The closing date for submissions is Wednesday, 12 November 2008.
Survey finds 54% of Australians don’t have a will
Issued: Tuesday 21 October 2008
Marking Good Will Week 2008, NSW Attorney General John Hatzistergos revealed the results of a survey which found that 30% of people would write someone out of their will if that person did something to upset them.
He said the survey, which looked at people’s family structures and attitudes towards keeping a will, also found that 16% worry they may not inherit what they think is coming to them.
“Good Will Week is a reminder that we should all make out a will, and make sure we update our will when our personal situation changes,” said Mr Hatzistergos.
“If you want to make sure your estate is divided between your loved ones in the way you would like it to be, I urge people, no matter how young or old, to take this opportunity to make a will.”
Mr Hatzistergos said the survey, “Inheritance: Do You Think You’ll Get What You Deserve,” found that 54% of people aged over 18 do not have a will.
“Most troubling was that the survey found that 93% of young people, aged between 18 and 24, do not have a will.”
The survey, conducted on behalf of the NSW Public Trustee, the organisers of Good Will Week, asked 1,000 Australian’s about inheritance and their concept of the family. It found that:
- 53% of people have something in mind they would like to inherit
- Almost 70% of younger people (aged 18-24) have something in mind they would like to inherit
- Younger people are almost twice as likely to have a parent who has been in more than one marriage or long term de facto relationship than those who are over 54 years old
- Around one third of the population has a half or step-sibling
- 31% of adults consider a close friend as part of their extended family
- 54% of young people want to find out more about their family history while 16% of adults already know a lot about their family history
Mr Hatzistergos said Good Will Week ran until October 25 and that information about community events and genealogy workshops was available at www.goodwillweek.com.au or by calling 1300 142 434.
Victims of crime to assist in sentencing
Issued: Monday 20 October 2008
A sentencing initiative which gives victims of crime a say in how offenders are punished will be rolled out to an additional seven NSW Local Courts from today, NSW Attorney General John Hatzistergos announced.
Mr Hatzistergos said Forum Sentencing would be available as a sentencing tool for magistrates in Burwood, Newtown, Balmain, Campbelltown, Camden, Picton and Moss Vale Local Courts.
“The State Government is investing $1.9 million dollars this financial year to expand the program, which has been running in Liverpool and Tweed Local Courts since 2005,” Mr Hatzistergos said.
“The approach is proving effective in bringing offenders to account for their actions, while at the same time giving victims an active role in helping to administer justice.”
Under the program, offenders are ordered to sit down with their victims, a facilitator and police to discuss the impact of their crime and agree to an intervention plan.
Magistrates take this into account when handing down a sentence.
Offenders might also be forced to make an apology, pay compensation or undertake drug and alcohol treatment.
Those who fail to complete the program run the risk of being sent to prison.
However, hardened criminals, such as those who have served jail time and those guilty of serious personal violence and sexual offenders will be excluded from the program.
Mr Hatzistergos said an evaluation of the program by the NSW Bureau of Statistics and Crime Research last year found high levels of support for the program, among participants and particularly among victims.
“Victims said they believed it was a fair process for them and almost all offenders agreed it would encourage them to obey the law,” he said.
The Vice President of the Victims of Crime Assistance League, Howard Brown, welcomed the expansion of the Forum Sentencing Program.
“This program has been embraced by victims of crime who believe it is more inclusive than the traditional criminal justice process,” he said.
The Chief Executive Officer of the Enough is Enough Anti-Violence Movement Inc, Ken Marslew, commended the Attorney General on broadening the scheme to reach more courts.
“This is definitely a step in the right direction. It is important we have a system in place which holds offenders to account and makes them face the consequences of their actions,” Mr Marslew said.
New security designation for high risk inmates
Issued: Friday 17 October 2008
Minister for Justice, John Hatzistergos, today announced that a new prisoner designation category will be created for the State’s most dangerous inmates.
The Extreme High Risk Restricted (EHRR) category will be the highest designation for maximum security inmates in the prison system and will be reserved for individuals who engage in or attempt to engage in disruptive activities.
“The new high security designation will be introduced to eliminate the subversive activities of a limited number of inmates in the NSW correctional system,” said Mr Hatzistergos.
“These inmates present an extraordinarily high level of risk within the system, given their capacity to recruit other inmates and organise illegal activity both inside and outside prison walls.”
He said the introduction of the EHRR designation followed concerns expressed by senior prison authorities.
Under the changes, severe restrictions, listed below, will be imposed on EHRR inmates’ visits, correspondence, phone calls and personal moneys.
- Visits to EHRR inmates will be “non-contact,” meaning they will take place with a barrier between the inmate and the visitor unless the Corrective Services gives prior approval for a contact visit.
- Conversations with visitors will have to be conducted in English, or another language approved by the Commissioner within hearing distance of a Corrective Service translator.
- Visitors will have to have prior approval for a visit before arriving at a correctional centre and will have to agree to a criminal records check.
- All outgoing mail from EHRR inmates will have to written in English or another language approved by the Commissioner, unless the correspondence is to an exempt body, such as the Legal Aid Commission.
- Inmates’ phone calls will be limited to one monitored personal call a week, which will have to be in English, or another language approved by the Commissioner. The exceptions will be calls to legal representatives and exempt bodies such as the Ombudsman.
- Money sent to the Department of Corrective Services for payment into an EHRR inmate’s account will be returned to the sender.
- EHRR inmates will be designated as serious offenders and will come within the jurisdiction of the Serious Offenders Review Council.
Forster-Tuncurry anti-crime strategy approved
Issued: Thursday 16 October 2008
NSW Attorney General John Hatzistergos today announced the NSW Government’s endorsement of Great Lakes Council’s Crime Prevention Plan, which aims to get tough on burglary and vandalism.
Mr Hatzistergos said Council was now eligible to apply for up to $150,000 in government grants over the next three years to implement the Plan’s crime fighting initiatives.
“Great Lakes Council is to be commended on its comprehensive crime prevention strategy, which was developed using local crime data and by extensively consulting police and local residents about their concerns,” Mr Hatzistergos said.
“I am pleased to be endorsing the Forster-Tuncurry Crime Prevention Plan and encourage Council to take the next step and apply for funding.”
Mr Hatzistergos said the offence of break and enter into dwellings was identified as the top crime issue at a crime prevention forum attended by 300 Forster-Tuncurry residents last year.
“Under Council’s Plan, home security kits would be distributed to residents to advise them of simple ways to protect their property and deter burglars,’ he said.
“Council is also considering offering subsidised home security devices to people living in burglary ‘hot spots’.”
In addition, Council aims to reduce malicious damage in Forster-Tuncurry by rapidly removing graffiti and designing public areas to be less conducive to crime.
“The prompt removal of graffiti can deter vandals and will help to enhance the community’s sense of safety.
“It is also important to ensure public areas, such as parks and sporting fields, are well lit and have clear sight lines so that anti-social behaviour is more easily detected.”
Mr Hatzistergos said NSW Government grants were enabling Councils and residents across NSW to implement innovative strategies to reduce crime.
“Communities are best placed to identify local issues and develop solutions,” he said.
“The NSW Government’s $1.6 million crime prevention fund will continue to support grass roots initiatives to combat crime.”
New approach to tackling anti-social behaviour
Issued: Monday 13 October 2008
State Plan Priority R1: Reduced rates of crime, particularly violent crime
State Plan Priority R2: Reducing re-offending
State Plan Priority R3: Reduced levels of antisocial behaviour
State Plan Priority F4: Embedding the principle of early intervention into Government service delivery
The State Government is expanding its Anti-Social Behaviour Project to Leichhardt in a bid to reduce anti-social behaviour and crime by young people in the area.
NSW Attorney General John Hatzistergos and Member for Balmain Verity Firth today launched the project, which will operate within the Leichhardt Local Area Command covering Glebe, Annandale, Leichhardt, Lilyfield, Rozelle and Balmain.
Mr Hatzistergos said the scheme would improve the way young people at risk of falling into crime were supported by government agencies and police.
“The project recognises some young people are at risk to themselves or the community due to a whole variety of reasons and that no single agency can solely manage their needs,” he said.
“This is why we are cutting the red tape that exists between agencies to provide more effective case management of a young offender or potential offender.
“The key is reaching young people who are at risk of offending early on and providing the right support mechanisms to steer them away from the criminal justice system.”
The Anti-Social Behaviour Project will:
- Increase the number of agencies that have the power to initiate information sharing about people under 16. This power is currently restricted to the Department of Community Services,
- Broaden the criteria for allowing information exchange to include young people at risk of anti-social behaviour, and
- Provide a targeted privacy exemption to allow agencies to share information where they believe a person aged 16 to 25 is at risk.
It is based on early intervention and allows government agencies to respond rapidly at the local level and provide at-risk youths with intensive multi-agency support.
Ms Firth welcomed the introduction of the project to the local area and said it would prove particularly helpful in targeting anti-social behaviour in Glebe.
“This project will ensure there is greater support for those young people who are at risk of engaging in criminal activity,” she said.
“I look forward to seeing some positive results delivered in our local community.”
The Glebe Chamber of Commerce, Glebe Society, Glebe Point Residents Group and Glebe Community Action Group have all given their support for the program.
The Anti-Social Behaviour Project has been running successfully in Canoblas, Lake Macquarie, Eastern Beaches, Orana, Darling River and Wagga Wagga since 2006.
New remote witness facilities for Penrith Court
Issued: Monday 13 October 2008
Victims testifying in sexual assault matters at Penrith Courthouse are now able to give their evidence in private via Closed Circuit Television (CCTV), NSW Attorney General John Hatzistergos announced today.
Mr Hatzistergos said the $140,000 video equipment would spare sexual assault victims the anguish of having to come face-to-face with their alleged attacker in the courtroom.
“Sexual assault victims are now able to testify via CCTV cameras from a new private and secure remote witness room,” Mr Hatzistergos said.
“Their evidence can also be recorded on DVD for use in any possible re-trials to spare the victim the trauma of having to give evidence a second time.”
Two large plasma television monitors have been installed in Courtroom One at Penrith and will be used to screen live remote witness testimony as well as pre-recorded evidence.
Electronic evidence can be played to the court on all major formats, including CD, analogue tape, DVD, VCR and laptop computer.
Courtroom One has also been fitted with an electronic filming device, called a Digital Presenter, which is used to zoom in on objects and project them on to the plasma screens.
Member for Penrith Karyn Paluzzano welcomed the improvements to the court.
“Any measures that can alleviate discomfort for victims and encourage them to testify is welcome relief to the residents of Penrith,” she said.
In another development, Mr Hatzistergos said the busy Local Court would be given more space after two of the three District Courts allocated to Penrith move to the new Parramatta courthouse in July.
He said the District Court at Penrith will continue to hear short criminal matters and cases that are fed from Penrith, Hawkesbury and Blue Mountains police local area commands. Civil matters will not be affected.
He said long trials and matters from the local area commands of Blacktown, Mt Druitt, Quakers Hill and St Marys will move from Penrith to Parramatta.
“The NSW Government regards the Penrith facility as a crucial part of the State's network of courts. In recent years, the Government has spent more than $3 million on improvements to the courthouse.”
The decision to move the courts was made after consultation between the District Court and stakeholders.
New film to deter teens from falling into crime
Issued: Thursday 25 September 2008
Young people are being warned about the dangers of being drawn into serious crimes in a new short film being launched by the NSW Attorney General today.
Mr Hatzistergos said the film, entitled Burn, was produced by Legal Aid NSW as part of a major crime prevention program over the last year to educate young people about the consequences of group offending.
“Sometimes young people find themselves drawn into a crime that is instigated by others and they never set out to commit,” Mr Hatzistergos said.
“This may include jumping in to help during a fight, being present during a robbery or acting as a lookout.
“The key message in Burn is no-one in the group will be exempt from facing serious charges.
“Unfortunately, young people often don’t realise they can be held accountable for someone else’s actions if they participate in a crime as a group.”
Burn tells the story of a robbery that escalates with terrible consequences. It shows the risks of associating in groups with known offenders or people who carry weapons.
The film features real young people rather than professional actors. The dialogue is completely improvised and the story line and characters were developed in collaboration with the young cast members.
“The result is a very powerful film that shows the tragic consequences for any person who becomes caught up in a serious crime,” Mr Hatzistergos said.
NSW Minister for Juvenile Justice Graham West said Burn builds on a major program of legal education workshops run by Legal Aid NSW last year which sought to raise awareness amongst young people of the consequences of group offending.
“More than 3,500 young people attended the workshops in schools, refuges and youth centres across NSW,” Mr West said.
“We are pleased that Legal Aid NSW will now be able to take this message to young people throughout NSW through this short film.”
Burn will be screened to young people throughout NSW as part of a widespread education campaign.
Burn will be launched tonight at 6pm at the Dendy Cinema, East Circular Quay.
New powers to enforce classification laws
Issued: Wednesday 24 September 2008
The advertising of unclassified films and computer games will be subject to new laws being introduced into NSW Parliament today.
NSW Attorney General John Hatzistergos said the NSW Classification (Publications,Films and Computer Games) Enforcement Act 1995 was being amended to ensure the necessary measures were in place for when new Commonwealth classification laws begin.
“The increased risk of piracy and rapid advances in technology has led to many products only being available for classification very close to their release date, which makes marketing difficult,” Mr Hatzistergos said.
“In response, the Commonwealth Government, States and Territories agreed to new legislation to allow the advertising of films and computer games prior to their classification, similar to what happens now with certain films released in cinemas.”
“The new advertising scheme will benefit industry, while still protecting the rights of consumers.”
“In preparation for its introduction, we are amending our laws to ensure there are adequate penalties in place should individuals or companies fail to comply with the new requirements.”
New advertising conditions will include:
- Advice to consumers to ‘check the classification’;
- Strict time periods for classification information to be included in advertisements once the material has been classified;
- Strict limitations on advertising materials likely to have different classifications. For example, a film likely to be M or PG cannot be advertised during G-rated films.
The new scheme will not apply to material which falls into the X18+ or RC categories.
Advertising of this material will continue to be prohibited.
Mr Hatzistergos said the NSW Bill removes the offence of advertising an unclassified film or computer game.
“Instead, a new offence of failing to advertise a product in accordance with the relevant legislation will be introduced, with a maximum fine of $22,000,”Mr Hatzistergos said.
Government to consult on court appeals
Issued: Wednesday, 24 September 2008
NSW Attorney General John Hatzistergos today announced the NSW Government would consult on changes to appeals from the Local Court to the District Court.
Mr Hatzistergos said this followed suggestions raised by the Director of Public Prosecutions and Local Court to the statutory review of the Crimes (Appeal and Review) Act 2001.
“I am concerned defendants too often use Local Courts to test their case, only to appeal if they don’t like the sentence handed down by a magistrate,” he said.
The Government would consult on two significant proposals raised in the review of the Act:
- The suggestion that appellants should only be able to introduce fresh evidence or call witnesses in a sentence appeal from the Local Court with the leave of the court. This will allow the DPP to oppose defendants calling victims to give evidence in an appeal without a good reason. This is permitted on the basis that matters relevant to sentencing should be presented by the prosecution and defence to the Local Court and that additional evidence should only be allowed with the leave of the District Court.
- The suggestion that an appeal to the District Court from the Local Court on a sentence should be dismissed unless it is satisfied the sentence was manifestly excessive or inadequate.
Mr Hatzistergos said the proposal was among 17 recommendations contained in a report on the review of the Crimes (Appeal and Review) Act 2001 by the Attorney General’s Department that seek to improve the way in which court appeals and reviews are managed.
The report, tabled today, received submissions from a range of stakeholders including the courts, the Bar Association, Legal Aid NSW, the Director of Public Prosecutions and NSW Police.
It made 15 recommendations on minor improvements to the Act, which will be included in a Bill to go before Parliament this session. These include:
- When an AVO is dismissed in the absence of the applicant, allow the applicant to apply to have the dismissal annulled;
- When an AVO is annulled by the District Court and returned to the Local Court, require the District Court to issue an interim order to protect the applicant;
- Clarify that all of the material before the Local Court may also be considered in an appeal to the District or Land and Environment Court.
The other two recommendations, which are more substantive reforms, will be the subject of consultation with stakeholders before any decisions are made.
The Local Court hears cases where defendants face penalties of up to two years in jail - for summary offences, or indictable offences which are heard summarily.
More compensation for victims of discrimination
Issued: Wednesday 24 September 2008
The maximum compensation pay-out for victims of unlawful discrimination will more than double under legislation introduced into NSW Parliament today.
NSW Attorney General John Hatzistergos said reforms to the Administrative Decisions Tribunal Act 1997 would give the Tribunal the power to award victims up to $100,000 if unlawful compensation was proven.
“This is a significant increase from the current cap of $40,000,” Mr Hatzistergos said.
“People who are found to have suffered discrimination, whether it be on the basis of gender, sexuality, disability or racism, will benefit from the increase in the damages cap.
“It will allow the Tribunal to make compensation awards that better reflect the seriousness of the consequences of discrimination and more in line with damages available in other jurisdictions.”
He said it also follows moves by the NSW Government to harmonise antidiscrimination laws with the Commonwealth and other states and territories through the Standing Committee of Attorneys General.
Other reforms in the Bill, also working towards harmonisation, include transferring the power to grant exemptions from the operation of the Anti Discrimination Act 1977 from the Attorney General to the President of the Anti-Discrimination Board. Appeals would be heard in the Tribunal.
In addition, a range of miscellaneous amendments are being introduced which relate to the operation, functions and constitution of the Administrative Decisions Tribunal.
The changes were prompted by a statutory review of the Act and consultation with key stakeholders including government agencies, the legal profession and the Tribunal.
Mr Hatzistergos said a number of recommendations were being implemented which strike a balance between operational reform, while still ensuring the Tribunal remains an independent, accessible and cost-effective forum.
Record use of video conferencing by NSW courts
Issued: Monday 22 September 2008
New figures show the NSW justice system is increasingly turning to video conferencing to hear bail applications and evidence from remote witnesses, with a record 39,000 sessions held last financial year.
NSW Attorney General John Hatzistergos said the use of video link technology to administer justice had risen from 26,000 in 2006/07 to more than 39,200 in 2007/08.
“This is a dramatic increase which is saving taxpayers millions - an estimated $6.5 million in 2006/07 - in remote witness and prisoner transportation costs,” he said.
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