Discussion Papers

The Legislation, Policy and Criminal Law Review Division publishes Discussion Papers and seeks public comment on a range of issues. Information concerning any Discussion Paper where comment is currently being, or has recently been, sought is available from this page.

Review of the Young Offenders Act 1997 and the Children (Criminal Proceedings) Act 1987
Family Victim Impact Statements and Sentencing in Homicide Cases
Reform of Judicial Review in NSW
Review of Laws Surrounding Criminal Incidents Involving the Death of an Unborn Child
Review of the Dust Diseases Claims Resolution Process - Issues Paper December 2008

Review of the Young Offenders Act 1997 and the Children (Criminal Proceedings) Act 1987

The NSW Government is reviewing the Young Offenders Act 1997 and the Children (Criminal Proceedings) Act 1987, to ensure that these pieces of youth justice legislation continue to reflect best practice and meet the needs of young people and the community, including victims. A consultation paper for the review is available for download - Review of the Young Offenders Act 1997 and the Children (Criminal Proceedings) Act 1987 - Consultation Paper (Word, 1127kb). The consultation paper sets out data on young offending in NSW, evidence of ‘what works’ in addressing young offending, and international standards for youth justice. Submissions have now closed.

Public submissions are available below. This page should be checked for further updates.

Family Victim Impact Statements and Sentencing in Homicide Cases

The NSW Department of Attorney General and Justice conducted consultation in relation to the Government's commitment to introduce legislation to specifically provide that courts in New South Wales may consider victim impact statements by family victims when determining an offender's sentence in homicide cases. Submissions closed on 6 June 2011. A background policy paper is available for download:

Reform of Judicial Review in NSW

Judicial review allows people to challenge the legality of government decisions. In NSW judicial review is available at common law. However, other Australian jurisdictions have established a simplified statutory right to judicial review, most notably, the Commonwealth Administrative Decisions (Judicial Review) Act 1977 (the 'ADJR Act'). The success of the ADJR Act (and the adoption of very similar legislation in three other states and territories) raises the question of whether NSW should establish a similar statutory right to judicial review. This discussion paper considers that question: Reform of Judicial Review in NSW - Discussion Paper [PDF, 278kb]

The discussion paper analyses the current operation of judicial review in NSW and reforms in other jurisdictions, with particular focus on the ADJR Act. It asks whether there is a need for reform of judicial review in NSW and if so, what are the key issues that should be addressed in any reform measures. Specifically, the discussion paper asks:

whether a statutory judicial review jurisdiction should be established,
whether any such statutory jurisdiction should be modelled on the ADJR Act, or
whether there are alternative options for the reform of common law judicial review in NSW.

The discussion paper also considers how to establish a statutory right to obtain a statement of reasons for decisions that may be subject to judicial review.

Submissions closed in April 2011.

Review of Laws Surrounding Criminal Incidents Involving the Death of an Unborn Child

The Honourable Michael Campbell QC has completed his review examining laws surrounding criminal incidents involving the death of an unborn child. The principal question asked was whether current provisions in the Crimes Act 1900 enable the justice system to respond appropriately to criminal incidents involving the death of an unborn child.

The Report includes an assessment of the findings of the Review of the Law of Manslaughter conducted by the Honourable Mervyn Finlay QC and legislative changes brought about by the Crimes Amendment (Grievous Bodily Harm) Bill 2005.

The Report may be accessed in PDF form below.

Review of Laws Surrounding Criminal Incidents Involving the Death of an Unborn Child - Final Report [PDF, 283kb]
Review of Laws Surrounding Criminal Incidents Involving the Death of an Unborn Child - Final Report Schedules 1-8 [PDF, 111kb]
Review of Laws Surrounding Criminal Incidents Involving the Death of an Unborn Child - Final Report - Schedule 9 [PDF, 277kb]

Review of the Dust Diseases Claims Resolution Process - Issues Paper December 2008

The Dust Diseases Claims Resolution Process (CRP) was established after the Review of Legal and Administrative Costs in Dust Diseases Compensation Claims conducted in 2004-2005. The CRP was reviewed in 2006, after data on its first 12 months of operation became available (the 2006 Review). The 2006 Review recommended a number of minor changes to the Regulation establishing the CRP. The recommended changes commenced operation in March 2007. The 2006 Review recommended that consideration be given to a further review of the CRP, but preferably only where there had been sufficient experience using the CRP. As the CRP had been in operation for three years, it was decided to conduct that further review at the end of 2008. An Issues Paper was prepared to facilitate discussion for the Review. The Issues Paper also contains data in relation to the operation of the CRP during the 2007-08 financial year. Review of the Dust Diseases Claims Resolution Process - Issues Paper December 2008 [PDF, 1208kb]. Submissions closed Friday 20 February 2009.

Legislation Policy and Criminal Law Review Division

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Discussion Papers

Discussion Papers

Review of the Young Offenders Act 1997 and the Children (Criminal Proceedings) Act 1987

Family Victim Impact Statements and Sentencing in Homicide Cases

Reform of Judicial Review in NSW

Review of Laws Surrounding Criminal Incidents Involving the Death of an Unborn Child

Review of the Dust Diseases Claims Resolution Process - Issues Paper December 2008

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