Reports and papers

Reports and papers about criminal and civil law matters are available from this page.

Select a link below to browse papers in each jurisdiction.

     

    Civil law reports and papers

    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.

     

    A Fairer Fine System for Disadvantaged People - Evaluation Report

    May 2011: 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 - A Fairer Fine System for Disadvantaged People - Evaluation Report [PDF, 1340kb].

    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.

     

    Government accepts IPART recommendations on fees charged by the Office of the Protective Commissioner

    The Government has responded to the Independent Pricing and Regulatory Tribunal's (IPART's) Review of the Fees of the Office of the Protective Commissioner (OPC):

     

    Review of the Dust Diseases Claims Resolution Process - Issues Paper December 2008

    The Dust Diseases Claims Resolution Process (CRP) was established after the Review of Legal and Administrative Costs in Dust Diseases Compensation Claims conducted in 2004-2005. The CRP was reviewed in 2006, after data on its first 12 months of operation became available (the 2006 Review). The 2006 Review recommended a number of minor changes to the Regulation establishing the CRP. The recommended changes commenced operation in March 2007.

    The 2006 Review recommended that consideration be given to a further review of the CRP, but preferably only where there had been sufficient experience using the CRP (perhaps in July 2008). As the CRP had been in operation for three years, it was decided to conduct that further review in December 2008.

    The 2008 Review was to consider the overall operation of the CRP, and in particular:

    • the impact of the CRP on legal, administrative and other costs; and
    • whether further reforms should be implemented to reduce legal, administrative and other costs.

    An Issues Paper was prepared to facilitate discussion for the 2008 Review. The Issues Paper also contains data in relation to the operation of the CRP during the 2007-08 financial year: Review of the Dust Diseases Claims Resolution Process - Issues Paper December 2008 [PDF, 1208kb].

    Submissions from all stakeholders were sought, not only on the issues raised, but also on any other issues concerning the operation of the CRP. The closing date for submissions was Friday 20 February 2009. 

     

    Litigation Funding

    In November 2005, the Standing Committee of Attorneys General (SCAG) agreed that further consultation and research should be undertaken into regulating the litigation funding industry.

    A discussion paper has been prepared setting out the legal context of litigation funding, and some issues upon which comment was invited (Litigation funding Discussion Paper [PDF, 156kb] or Litigation funding Discussion Paper [MS Word doc, 112kb]).

    Submissions closed on 14 September 2006. 

     

    Access to court information and documents

    The Attorney General reviewed the policy relating to access to court information and documents: Review of the Policy of Access to Court Information - Discussion Paper [PDF, 228kb].

    The purpose of the review was to articulate the policy in respect to access to court documents and information and to make proposals for change that promote greater certainty in relation to rights of access and a more consistent application of that policy. The review attempted to state in more definitive terms the rights of individuals to obtain access to court information having regard to the principle of open justice and privacy.

    Submissions closed 14 July 2006.

     

    Advocates' Immunity

    The Standing Committee of Attorneys General agreed to review the common law position on advocates' immunity. A working party of State and Territory Government officers was established to assist it in considering the issues.

    The working party developed an options paper which considered several options for reform: Advocates' Immunity Options Paper [PDF, 534kb].

    Submissions closed 9 September 2005.

     

    Unauthorised Photographs on the Internet And Ancillary Privacy Issues

    The Standing Committee of Attorneys-General released a Discussion Paper, Unauthorised Photographs on the Internet and Ancillary Privacy Issues [PDF, 521kb] (or Unauthorised Photographs on the Internet and Ancillary Privacy Issues [MS Word doc, 287kb]).

    The paper aims to identify the issues, including privacy issues, associated with unauthorised publication of photographs on the Internet; discuss the adequacy of existing State and Territory laws in their application to these issues; and identify legislative and non-legislative options to address these issues.

    Submissions closed 14 October 2005.

     

    The report of the NSW Legal Fees Review Panel on legal costs in NSW 

    The report of the NSW Legal Fees Review Panel on legal costs in NSW [PDF, 746kb]

     

    An introduction to the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 

    An Introduction to the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 [Word doc, 505kb]

     

    Report on the Damien McEachern Review of the Justice System 

    Report on the Damien McEachern Review of the Justice System [MS Word doc, 138kb]

       

    Criminal law reports and papers

    2015

    Review of offences relating to fatal car accidents on private property

    The NSW Government appointed retired Justice, the Hon W.V. Windeyer AM RFD ED to conduct an independent review of offences relating to fatal car accidents on private property.

    The review recommended that no new offence be created for negligent driving on private land causing death.

    Review of Offences Relating to Fatal Car Accidents on Private Property [PDF, 9MB]

     

    2013

    Interim review of frivolous and vexatious apprehended personal violence orders

    Interim Review of Frivolous and Vexatious Apprehended Personal Violence Orders - From the Review of the Crimes (Domestic and Personal Violence) Act 2007 [PDF, 1.06MB]

     

    2010

    Review of section 61AA of the Crimes Act 1900 (NSW)

    Review of section 61AA of the Crimes Act 1900 (NSW): Lawful Correction [PDF]

     

    Report of the Child Pornography Working Party

    Report of the Child Pornography Working Party (January 2010)[PDF, 202kb]

     

    Review of the Bail Act 1978 (NSW) and Exposure Draft of the Bail Bill 2010

    Review of Bail Act 1978 (NSW) [PDF, 399kb]

    and

    Exposure Draft of the Bail Bill 2010 [PDF, 1326kb]

     

    2009

    Crimes Amendment (Fraud and Forgery) Bill 2009

    Consultation Draft - Crimes Amendment (Fraud and Forgery) Bill 2009 [PDF, 345kb]

    and

    Discussion Paper - Crimes Amendment (Fraud and Forgery) Bill 2009 [Word doc, 101kb]

    Submissions closed 14 August 2009.

     

    Model Criminal Code

    Model Criminal Code

    Parliamentary Counsel's Committee, May 2009.

     

    Review of bushfire arson laws

    Review of Bushfire Arson Laws [PDF, 304kb]

    Criminal Law Review Division, April 2009.

     

    Report of the Trial Efficiency Working Group

    Report of the Trial Efficiency Working Group (March 2009) [PDF, 1310kb]

     

    2008

    Non-consensual genetic testing

    Discussion Paper: Non-Consensual Genetic Testing

    Model Criminal Law Officers' Committee of the Standing Committee of Attorneys-General (November 2008).

    Submissions closed 31 January 2009.

     

    Intensive Corrections Orders

    Consultation Paper: An Intensive Corrections Order for NSW [PDF, 87kb]

    and

    Legislative and Operational Model - Intensive Corrections Order [PDF, 64kb]

    Submissions closed 12 November 2008.

     

    2007

    Intellectual disability and the law of sexual assault

    Discussion Paper: Intellectual Disability and the Law of Sexual Assault [MS Word doc, 125kb]

    and

    Consultation Draft - Crimes Amendment (Intellectual Impairment - Sexual Offences) Bill 2007 [PDF, 221kb]

    Criminal Law Review Division (June 2007).

    Submissions closed 28 July 2007.

     

    The law of consent and sexual assault

    Discussion Paper: The Law of Consent and Sexual Assault [MS Word doc, 251kb]

    and

    Consultation Draft - Crimes Amendment (Consent - Sexual Assault Offences) Bill 2007 [PDF, 218kb]

    Criminal Law Review Division, May 2007.

    Submissions closed 20 July 2007.

     

    Identity crime

    Discussion Paper: Identity Crime [PDF]

    Model Criminal Law Officers' Committee of the Standing Committee of Attorneys-General, April 2007.

    Submissions closed 12 June 2007.

     

    2006

    Drink spiking

    Discussion Paper: Drink Spiking [MS Word doc, 188kb]

    Model Criminal Code Officers' Committee of the Standing Committee of Attorneys-General, March 2006.

    Submissions closed 9 June 2006.

     

    Responding to sexual assault

    Responding to sexual assault: the way forward [PDF, 1491kb]

    Criminal Justice Sexual Offences Taskforce, December 2005.

     

    2005 

    NSW Interagency Action Plan for Better Mental Health

    NSW Interagency Action Plan for Better Mental Health [PDF, 116kb]

     

    Section 275A of the Criminal Procedure Act 

    What does section 275A of the Criminal Procedure Act mean to you as a judicial officer? [MS Word doc, 57kb]      

    Paper presented at the Judicial Commission of NSW Twilight Seminar, 28 September 2005.

    Lloyd Babb, Director of the Criminal Law Review Division and Crown Prosecutor.

     

    New developments in child protection

    New developments in child protection - Child Protection Prohibition Orders [MS Word doc, 37kb]      

    Lloyd Babb, Director of the Criminal Law Review Division and Crown Prosecutor, July 2005.

     

    Sexual assault retrials

    Sexual Assault Retrials - Tendering the original trial record of the evidence of the complainant [MS Word doc, 38kb] 

    Lloyd Babb, Director of the Criminal Law Review Division and Crown Prosecutor, June 2005.

     

    2004

    Diversion of the cognitively impaired or mentally ill defendant

    Diversion of the cognitively impaired or mentally ill defendant: summary disposal of criminal offences under s32 of the Mental Health (Criminal Procedure) Act 1990 [Word doc, 73kb]

    Mary Spiers, Senior Policy Officer, March 2004.

     

    2003

    Double jeopardy legislation

    Advice t​o the Attorney General: Safeguards in Relation to Proposed Double Jeopardy Legislation [MS Word doc, 136kb] 

    Acting Justice Jane Mathews, 27 November 2003.

     

    Independent review of the Crimes (Forensic Procedures) Act 2000

    Independent Review of the Crimes (Forensic Procedures) Act 2000 [MS Word doc, 1627kb]

    Professor Mark Findlay, April 2003.

     

    Consolidation of law enforcement powers

    The Consolidation of Law Enforcement Powers [MS Word doc, 136kb]

    Updated February 2004.

     

    Review of the law of manslaughter in NSW

    Review of the Law of Manslaughter in New South Wales [MS Word doc, 451kb]

    April 2003.

     

    Standard non-parole sentencing and guideline judgments 

    Standard Non-Parole Sentencing and Guideline Judgments: Where to from here? [MS Word doc, 122kb]

    Updated November 2003.

     

    Sentencing information package

    Sentencing Information Package [MS Word doc, 78kb]

    To assist victims of crime in understanding the sentencing process.

    Published May 2003.

     

    2002

    Crimes Legislation Amendment Act 2002

    Crimes Legislation Amendment Act 2002 [MS Word doc, 76kb]

    December 2002.

     

    Recent development in criminal law legislation in NSW

    Recent Developments in Criminal Law Legislation in New South Wales [MS Word doc, 204kb]

    Paper delivered to the College of Law, November 2002

     

    Recently introduced amendments to the Crimes Act

    Recently Introduced Amendments to the Crimes Act and other reforms [Word doc, 59kb]

    Paper delivered to the College of Law, March 2002

     

    The Bail Amendment (Repeat Offenders) Bill

    The Bail Amendment (Repeat Offenders) Bill [MS Word doc, 60kb]

    Paper delivered to the Institute of Criminology in 2002

     

    2000

    People with an intellectual disability - giving evidence in court

    People With An Intellectual Disability - Giving Evidence In Court [MS Word doc, 243kb]          

    Committee on Intellectual Disability and the Criminal Justice System, June 2000

     

    1999

    Apprehended violence order - a review of the law

    Discussion Paper: Apprehended Violence Order - A Review of the Law (August 1999) [MS Word doc, 306kb]

     

    1998

    Homosexual advance defence - final report of the working party

    Homosexual Advance Defence: Final Report of the Working Party (September 1998) [MS Word doc, 234kb]

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