Local Court Bench Book Update 147 published

The consolidated pdf current to March 2023 may be accessed here.

Specific penalties and orders has been updated to incorporate:

  • Crimes Act 1900 amendments:
    (a) Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Act 2022 offences of Hinder or resist, or incite another to hinder or resist, a police officer (s 60(1AA), replacing s 546C), a law enforcement officer, other than a police officer (s 60A(1AA)), a frontline emergency worker (s 60AD(1)), a frontline health worker (s 60AE(1)) in the execution/course of their duty; Hinder or obstruct a person who comes to aid of law enforcement officer who is being hindered or obstructed in the course of their duty (s 60AC); Assault, throw missile at, stalk, harass or intimidate a frontline emergency worker (s 60AD(2)) or a frontline health worker (s 60AE(2)); Assault person who comes to aid of law enforcement officer who is being assaulted in the course of their duty (s 60AB); Assault, throw missile at, stalk, harass or intimidate a law enforcement officer, other than a police officer (s 60A(1A)), a frontline emergency worker (s 60AD(3)), a frontline health worker (s 60AE(3)); Assault causing actual bodily harm of a frontline emergency worker (s 60AD(4)) or a frontline health worker (s 60AE(4)); Assault causing actual bodily harm during a public disorder of a law enforcement officer, other than a police officer (s 60A(2A)), a frontline emergency worker (s 60AD(5)), a frontline health worker (s 60AE(5)); Recklessly wound or cause grievous bodily harm of a frontline emergency worker (s 60AD(6)) or a frontline health worker (s 60AE(6)); Recklessly wound or cause grievous bodily harm during a public disorder of a law enforcement officer, other than a police officer (s 60A(3A)), a frontline emergency worker (s 60AD(7)) or a frontline health worker (s 60AE(7)).
    (b) Crimes Amendment (Money Laundering) Act 2022 creating a new category of money laundering offences for property which is the proceeds of general crime of:
    (i) recklessly deal with proceeds of general crime valued at $100,000 or more and intending to conceal or disguise its features (s 193BA(i))
    (ii) recklessly deal with proceeds of general crime valued at $100,000 or more (s 193BA(ii))
    (iii) deal with property valued at $5 million or more where there are reasonable grounds to suspect the property is the proceeds of crime (s 193C(1AA))
    (iv) the previous offence committed in circumstances of aggravation (s 193C(1AB)).
    (c) Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022 creates a new offence of possessing a dedicated encrypted criminal communication device to commit or facilitate serious criminal activity (s 192P).
    (d) Crimes Amendment (Protection of Criminal Defence Lawyers) Act 2022 amends
    ss 322 and 326 to include threats etc to criminal lawyers intending to influence their conduct or on account of anything lawfully done by a person.
  • Explosives Act 2003 has been amended by Building and Other Fair Trading Legislation Amendment Act 2022 to increase penalties for offences under ss 6, 6A, 7, 8, 9, 15, 18, 28 and 36(3).
  • Health Services Act 1997 has been amended by Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Act 2022 to omit s 67J.
  • Law Enforcement (Powers and Responsibilities) Act 2002 has been amended by Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022 and Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Act 2022 to create new offences of: give false/misleading information in application for digital evidence access order (s 76AG); fail to comply/give false/misleading information in relation to digital evidence access order (s 76AO); give false/misleading information in application for Dedicated Encrypted Criminal Communication Device (DECCD) access order (s 80G); and fail to comply with DECCD access order: s 80O.
  • Prevention of Cruelty to Animals Act 1979 has been amended by Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Act 2022 to create two new offences of: purchase/own or work with/care for an animal, after serious interstate animal offence conviction (s 31AC); and breed animals, manage/control or work with/care for animals, in a business relating to breeding animals after animal cruelty offence conviction (s 31AD).
  • Rural Fires Act 1997 has been amended by Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Act 2022 to omit s 42.

[2-000] Road Transport includes updated penalties for the Heavy Vehicle National Law (NSW) at [2-040].

[18-000] Commonwealth offences has been revised due to:

  • the value of the penalty unit amount increasing to $275 from 1 January 2023 due to Crimes Amendment (Penalty Unit) Act 2022, and [18-060], [18-100], [18-160], [18-200], [18-220], [18-300], [18-320], [18-340] and [18-380] have been amended to take account of this increase,
  • reference to the new Practice Note Comm 3 Procedures to be adopted for committal hearings in the Local Court pursuant to the Early Appropriate Guilty Plea Scheme has been included at [18-060], which supersedes Practice Note Comm 2 and applies to committal proceedings for offences commenced on or after 9 January 2023,
  • amendments arising from the Confiscation of Proceeds of Crime Legislation Amendment Act 2022 have been made to [18-260] to include offences relating to concealing or disguising an attribute of property which is the proceeds of general crime (s 400.4(2)–(2B), (3)–(3B)); and [18-400] to set out the grounds which enable a freezing order to be made under s 15B(1).

[28-000] Committal proceedings is amended to include the new Practice Note Comm 3 Procedures to be adopted for committal hearings in the Local Court at [28-040], [28-080], [28-100] and [28-120], which applies to committal proceedings for offences commenced on or after 9 January 2023.

[30-000] Inquiries under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 includes reference to the Psychiatric (Mental Health) Report Request Form issued by Justice Health and Forensic Mental Health Network at [30-120].

[32-000] Small Claims has been amended at [32-100] by Local Court (Amendment No 12) Rule 2022 to provide for the transfer of proceedings from the Local Court’s General Division to the Small Claims Division under r 2.3(1A).

[40-000] Children’s Court — Care and Protection Jurisdiction has been amended by Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022:

  • the five elements which make up the Aboriginal and Torres Strait Islander Children and Young Persons Principle: prevention, partnership placement, participation and connection in s 12A(2) are included at [40-000]
  • the rules of evidence applicable in relation to the proof of a fact under s 93(3A) are included at [40-040]
  • only one representative of a group, approved by the Children’s Court, is to be given the opportunity to be heard: s 87(2). If the group affected is an Aboriginal or Torres Strait Islander family or community, the representative may be a member of a relevant Aboriginal or Torres Strait Islander organisation or entity: s 87(2A) at [40-040]
  • the presumption under s 106A(3) arising from the previous removal of another child, may be rebutted if the court is satisfied, on the balance of probabilities, that the parent or primary care-giver was not involved in causing the relevant reviewable death of the child or young person is included at [40-060].

[44-000] Coronial Matters has been extensively revised and updated to provide more practical guidance to magistrates conducting coronial matters, particularly those sitting in regional areas.

[74-000] Local Court Practice Notes Practice Note Comm 3 Procedures to be adopted for committal hearings in the Local Court pursuant to the Early Appropriate Guilty Plea Scheme has been included. It applies to committal proceedings for offences commenced on or after 9 January 2023.

The Index, Table of Cases and Table of Statutes have been updated to Update 147.