New NSW Act to Make Various Amendments Relating to Courts and Crimes

Monday 26 March 2018 @ 2.20 p.m. | Crime | Legal Research

The Justice Legislation Amendment Act 2018 (NSW) (‘the Act’) was assented to on 21 March 2018 by the NSW Parliament. The Act makes a number of amendments to Acts relating to courts and crimes.

Main Legislative Amendments

The Act makes the following key amendments:

  • Amendment of the Crimes Act 1900 (NSW) to extend the provision that makes it an offence for a person to have sexual intercourse with a person aged between 16 and 18 years if the offender is the victim’s school teacher, to any member of staff at the school where the victim is a student;
  • Amendment of the Anti-Discrimination Act 1977 (NSW) to remove exemptions that could lead to the discrimination against pregnant women in an employment context;
  • Amendment of the Crime Commission Act 2012 (NSW) to facilitate the electronic service of documents;
  • Amendment of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) to allow a court to order the taking of photographs, finger-prints and palm-prints of a person found guilty of a drink-driving offence.

Attorney-General Mark Speakman stated in his second reading speech:

“The bill will update and improve the operation of the New South Wales justice system by improving the efficiency and operation of legislation affecting the courts and other Justice portfolio agencies. The bill makes minor amendments to a number of Acts in order to strengthen and streamline procedures for the NSW Civil and Administrative Tribunal, the New South Wales Crime Commission and the Land and Environment Court; to improve criminal procedure in relation to issuing court attendance notices for private prosecutions and making court orders to obtain particulars from persons who have been convicted of drug driving offences; to improve civil procedure by updating the presumed delivery time frame for posted articles to reflect new Australia Post delivery times; and to simplify and clarify court processes relating to succession law.”

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Justice Legislation Amendment Act 2018 (NSW), and associated Bill and second reading speeches, as published on TimeBase LawOne.

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