Local Court Bench Book September 2025 update
Update 159 amends the Bench Book to update and revise various chapters and incorporate recent cases and legislative developments. The following chapters have been revised:
- Child Protection (Offenders Registration) Act 2000 has been revised to incorporate amendments made by the Child Protection (Offenders Registration) Amendment Act 2024.
Note: The substantive commentary regarding the child protection schemes under this Act is in the Sentencing Bench Book at [17-540]. - Crimes (Domestic and Personal Violence) Act 2007 has been revised to incorporate amendments made by the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024.
- Food Act 2003 has been revised to incorporate the commencement of the Food Regulation 2025.
- Public Health (Tobacco) Act 2008 has been revised to incorporate amendments to s 54(2), (3) regarding jurisdiction and time for commencement made by Public Health (Tobacco) Amendment Act (No 2) 2024.
- Work Health and Safety Act 2011 has been revised to incorporate the commencement of Work Health and Safety Regulation 2025.
Road Transport Legislation
- [2-040] Other offences
- information relating to Heavy Vehicle National Law (NSW) maximum penalties updated and a link to Heavy Vehicle National Law: Schedule of Infringement Penalties and Demerit Points 25/26FY added.
Evidence by domestic violence complainants
- Domestic violence complainant and proceedings at [8-020] has been revised to incorporate amendments made by the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024.
General Orders
- Deprived background added at [16-230], which includes reference to the Bugmy Bar Book.
Apprehended violence orders
- Applications for orders at [22-020] updated in relation to serious domestic abuse prevention orders
- Making orders at [22-120] updated to incorporate Smith v Blanch [2025] NSWCA 188.
AVO proceedings involving children
- The chapter at [24-000]ff has been substantially revised and updated.
Inquiries under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
- [30-140] Detention and release following an order under s 19 updated to reflect commencement of the Mental Health Regulation 2025.
Small Claims has been amended at [32-020] by Local Court (Amendment No 105) Rule 2025 to provide that a subpoena in relation to proceedings in the Small Claims Division of the Local Court must not be issued without leave of the court: r 7.3(1)(d).
Children’s Court — criminal jurisdiction
- Deprived background added at [38-110], which includes reference to the Bugmy Bar Book.
- Suspended sentence — s 33(1B) updated to incorporate ZXT (a pseudonym) v R [2023] NSWCCA 222 at [38-160]
- Child Protection (Offenders Registration) Act 2000 revised at [38-240] to incorporate amendments made by the Child Protection (Offenders Registration) Amendment Act 2024.
Note: The substantive commentary regarding the child protection schemes under this Act is in the Sentencing Bench Book at [17-540].
Involuntary drug and alcohol treatment
- The chapter at [60-000]ff has been substantially revised and updated.
Right of appearance
- The chapter at [66-000]ff has been substantially revised and updated.
Local Court Practice Notes
- New Practice Note “Court Closure AVL Proceedings (Downing Centre)” added at [74-955].
- New Practice Note “Bail Division Proceedings” added at [74-960].
The Index, Table of cases and Table of statutes have been updated to Update 159.