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Draft Bills

 

Justice Policy is not currently seeking comment on any draft Bills. 

Previous Draft Bills

Proportionate Liability Model Provisions

The Proportionate Liability Model Provisions [PDF, 88KB] were developed as an outcome of a project by the former Standing Council on Law and Justice. Proportionate liability means that if two or more wrongdoers contributed to a plaintiff's loss, they are only liable to pay compensation for the proportion of damage they caused. Proportionate liability was first introduced in NSW in 2002 as part of national civil liability reforms to address rising insurance costs. The Model Provisions were developed in response to concerns about differences between proportionate liability legislation in each Australian jurisdiction and the operation of particular provisions.

Further information about the Model Provisions is available on the Law, Crime and Community Safety Council website.

In October 2013 the former Standing Council on Law and Justice agreed to consider introducing the Model Provisions in their jurisdictions.

The Department of Justice consulted on the Model Provisions in the first half of 2014 to help inform whether they should be wholly or partially implemented in NSW. Submissions received are available for download:

If you would like to access the submissions in an alternative format please contact Justice Policy on telephone (02) 8061 9221 or policy@justice.nsw.gov.au . If you are hearing or speech impaired you can contact us via the National Relay Service on 133 677.

Provocation

The NSW Government is reviewing the operation of the partial defence of provocation in response to the report of the Select Committee on Provocation, released in April 2013. The Government developed an exposure draft Bill to reflect the Committee's policy intent and conducted public consultation on the Bill. Public feedback was sought on the exposure draft Bill (PDF, 149KB)​ and a discussion paper outlining the effect of the Bill (Word, 232KB). Submissions closed on Thursday 14 November, 2013 and are available for download:

Class Action Reforms

Public feedback was sought on the draft Civil Procedure Amendment (Supreme Court Representative Proceedings) Bill [PDF, 450kb] and Discussion Paper - Consultation Draft - Civil Procedure Amendment (Supreme Court Representative Proceedings) Bill [PDF, 30kb]. The Consultation period is now closed.