Update 142, September 2021
[8-000] Evidence by domestic violence complainants has been extensively amended following commencement of the new s 289VA Criminal Procedure Act 1986 on 1 September 2021. A new section on court appointed questioners for self-represented defendants has been included at [8-110] which sets out suggested procedures for the court, and suggested information and advice to be given to a self-represented defendant.
[22-000] Apprehended violence orders at [22-100] has been updated to refer to the new s 289VA Criminal Procedure Act 1986 which provides that a complainant cannot be examined by a self-represented defendant, but must be examined through a court appointed questioner.
[28-000] Committal proceedings includes the following amendments:
- an election must be made for Table 1 and Table 2 offences within the time fixed by the Local Court (s 263(1) Criminal Procedure Act 1986), unless special circumstances exist and leave is granted (s 263(2)) at [28-020]. Johnston v DPP (NSW)  NSWSC 333 provides that an election has not been made if it has not been made either orally or in writing to the Local Court.
- the judgment Ke v R  NSWCCA 177 is included in “Completing and filing case conference certificates” at [28-120], where a 25% discount was allowed even though a rejected plea offer by the accused before committal was not recorded in the case conference certificate.
[40-000] Children’s Court: Care and Protection Jurisdiction includes the following amendments arising from the Families, Communities and Disability Services Miscellaneous Amendment Act 2021:
- at [40-080], the new ss 78(5) and 78(6) are included in “Care plans and permanency planning” which provides that the care plan is to be in the form approved by the Secretary in consultation with the Children’s Court Advisory Committee and regulations,
- at [40-100], the court may consider a report after the period of supervision ends provided it is both reasonable in the circumstances and in the best interests of the child and, after considering such a report, may make a new supervision order for a duration of no more than 24 months from the start of the original supervision order, under ss 76(4A), 76(4B)
- at [40-100], when making an order under s 79, the court may order a party to prepare a written report concerning the suitability of the arrangements for the care and protection of the child which must be provided to the court within 24 months or when it is reasonable in the circumstances and in the best interests of the child.
The Index, Table of Statutes and Table of Cases have been updated to Update 142.