Welcome to the website of the Legislation, Policy and Criminal Law Review Division of the Department of Attorney General and Justice. The Division advises the Attorney General, the Department and other departments on legal policy and legislative reform. For more information, see About Us.
Apology
In about December 2011 a submission was published on this website that was made to the Director, Legislation, Policy and Criminal Law Review, Department of Attorney General and Justice in response to a call for submissions as part of the statutory review of the Young Offenders Act 1997 and the Children (Criminal Proceedings) Act 1987.
That submission made some allegations about Con Retsas.
Mr Retsas was inadvertently identified by the Department of Attorney General and Justice and he should not have been. The Department has no knowledge as to the truth or otherwise of the allegations made in that submission and by publishing it, it did not intend to endorse the content of that submission or to suggest it was true.
The Department of Attorney General and Justice apologises to Mr Retsas for identifying him in that manner and also apologises for any harm caused as a result of that publication.
News
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The NSW Attorney General is reviewing the Local Court Act 2007.
The Act is available at http://www.legislation.nsw.gov.au
The review will determine whether the policy objectives of the Act remain valid and whether the terms of the legislation remain appropriate for securing those objectives. The Department of Attorney General and Justice invites interested individuals and organisations to make written submissions to the review.
Submissions should be sent to The Director, Legislation, Policy and Criminal Law Review, Department of Attorney General and Justice, GPO Box 6, Sydney NSW 2001 or by email to lpclrd@agd.nsw.gov.au.
Submissions may be referred to in the final report or made publicly available unless you indicate that all or part of your submission should be treated as confidential.
The closing date for submissions is 30 April 2013.
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Review of the Delivery of Legal Assistance Services to the NSW Community
The Department of Attorney General and Justice has completed its Review of the Delivery of Legal Assistance Services to the NSW Community (PDF, 914 KB).
The Review contains 18 recommendations to improve legal assistance services in NSW, including in relation to targeting legal assistance services to legal needs, strengthening non-legal pathways to legal assistance services, coordinating legal assistance services, reviewing the Legal Aid NSW means test and supporting lawyers working in regional, rural and remote areas.
The NSW Government has endorsed the recommendations of the Review.
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The NSW Government has released its response to the NSW Law Reform Commission's Report on Bail. The response is available here.
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The NSW Government wishes to amend the Evidence Act 1995.
The amendments will allow magistrates and juries (and judges in judge-alone trials) in proceedings for serious indictable offences to draw an unfavourable inference against an accused who fails to mention facts when questioned by police but later seeks to rely on those facts by way of defence at their trial, subject to the accused having been properly cautioned and afforded an opportunity to obtain legal advice. A fact the accused later relies on is one which, in the circumstances existing at the time of questioning, the accused could reasonably have been expected to mention. Those under 18 years of age and those having a cognitive impairment will be exempt from an unfavourable inference being drawn.
The Department of Attorney General and Justice invites submissions on the Exposure Draft of the Evidence Amendment (Evidence of Silence) Bill 2012.
Submissions should be sent to The Director, Criminal Law Review, Department of Attorney General and Justice, GPO Box 6, Sydney 2001, or by email to lpclrd@agd.nsw.gov.au. Submissions may be made publicly available unless you advise that you wish all or part of your submission to be treated as confidential.
The closing date for submissions is 28 September 2012.
The Exposure Draft Bill can be viewed here
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The Attorney General is reviewing Division 3, Part 3 of Chapter 3 of the Criminal Procedure Act 1986. The aim of the review is to determine whether the Division has been effective in reducing delays in criminal proceedings prosecuted on indictment, and the cost impacts of the procedures. The Division was inserted in 2010 and made provision in relation to the pre-trial management of cases. A copy of the Act can be accessed at http://www.legislation.nsw.gov.au. The NSW Department of Attorney General and Justice invites interested individuals and organisations to make written submissions to the review. Submissions should be sent to the Director, Criminal Law Review, Department of Attorney General and Justice, GPO Box 6, Sydney NSW 2001, or at lpclrd@agd.nsw.gov.au. The closing date for submissions is 25 September 2012. Submissions may be referred to in the final report or made publicly available unless you advise that you wish all or part of your submission to be treated as confidential.
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The NSW Attorney General is reviewing the consent provisions of the Crimes Act 1900 (the Act) to determine whether the policy objectives of the provisions remain valid and whether the terms of the Act remain appropriate for securing those objectives. The review is specifically concerned with the amendment to the Act made by the Crimes Amendment (Consent-Sexual Assault Offences) Act 2007 with the introduction of a statutory definition of consent in section 61HA. The Act is available at http://www.legislation.nsw.gov.au. The Department of Attorney General and Justice invites interested individuals and organisations to make written submissions to the review. Submissions should be sent to The Director, Criminal Law Review, Department of Attorney General and Justice, GPO Box 6, Sydney NSW 2001 or by email to lpclrd@agd.nsw.gov.au. The closing date for submissions is 14 September 2012. Submissions may be referred to in the final report or be made publicly available unless you advise that you wish all or part of your submission to be treated as confidential.
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The NSW Attorney General is reviewing Part 2A of the Trees (Disputes Between Neighbours) Act 2006. Part 2A deals with high hedges that severely obstruct sunlight to a window or view. The review will determine whether the policy objectives of Part 2A remain valid and whether the terms of the legislation remain appropriate for securing those objectives. Submissions are now closed.
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The NSW Attorney General is reviewing the Graffiti Control Act 2008 to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. The Act is available at http://www.legislation.nsw.gov.au. The Department of Attorney General and Justice invites interested individuals and organisations to make written submissions to the review. The Review will not consider the proposed amendments contained in the Graffiti Legislation Amendment Bill 2011 (NSW), which remain before Parliament. Submissions are now closed.
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The NSW Department of Attorney General and Justice is reviewing the Succession Act 2006. A copy of this Act can be found at www.legislation.nsw.gov.au. The Succession Act 2006 provides a legislative framework in relation to wills, family provision and the distribution of intestate estates in New South Wales. The review will determine whether the policy objectives of the Act remain valid and whether the terms of the legislation remain appropriate for securing those objectives. Submissions are now closed.
- 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 doc, 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 are now closed. Public submissions can be viewed here.
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A Fairer Fine System for Disadvantaged People - Evaluation Report [PDF, 1340kb] : The NSW Department of Attorney General and Justice has released an evaluation report on voluntary enforcement, cautions, internal review, and the work and development order pilot. In response to this report, the NSW Government has decided that the work and development order scheme will be made permanent. Most of the other recommendations made by the report have yet to be formally considered by the Government.
- Submissions to the Statutory Reviews of the Workplace Surveillance Act 2005 and the Defamation Act 2005 are available on the Statutory Reviews page.