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Statutory Reviews

Select a title from the list below for more information about that review.

You may also browse completed statutory reviews.



 

Review of the Victims Rights and Support Act 2013 

The NSW Department of Communities and Justice is reviewing the Victims Rights and Support Act 2013 to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. Submissions close on 11 July 2022.

See details of the Review of the Victims Rights and Support Act 2013. 

Statutory Review of majority verdicts amendments

The NSW Department of Communities and Justice is reviewing the operation of the amendments made to the Jury Act 1977 by the Jury Amendment (Verdicts) Act 2006 to determine whether the policy objectives of those amendments remain valid and whether the terms of the amendments remain appropriate for securing those objectives. Submissions close on 14 May 2021.

See details of the Statutory Review of majority verdicts amendments.

Review of the Crimes (Serious Crime Prevention Orders) Act 2016

The NSW Department of Communities and Justice is conducting a review of the Crimes (Serious Crime Prevention Orders) Act 2016 to determine whether the policy objectives remain valid and the terms remain appropriate for securing those objectives.

Interested individuals and organisations are invited to make written submissions to the review. Submissions close on 26 May 2020.

See details of the review of the Crimes (Serious Crime Prevention Orders) Act 2016.

Review of the amendments made by the Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016

The Department of Communities and Justice is reviewing the amendments made by the Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 (the Act) to determine whether the policy objectives of the amendments remain valid and whether the provisions, as amended, remain appropriate for securing these objectives.

Interested individuals and organisations are invited to make written submissions to the review. Submissions close on Sunday 1 March 2020.

Review of the Inspector of Custodial Services Act 2012

The NSW Department of Communities and Justice is conducting a review of the Inspector of Custodial Services Act 2012 to determine whether its policy objectives remain valid and its terms remain appropriate for securing those objectives.

Interested individuals and organisations are invited to make written submissions to the review. Submissions close on 20 December 2019.

Review of the Graffiti Control Act 2008

The Department of Communities and Justice is seeking feedback on the Graffiti Control Act 2008 to determine whether the policy objectives of the Act remain valid and if its terms remain appropriate for securing those objectives. 

Interested individuals are invited to make written submissions to the review. Submissions close on 10 February 2020.

See details of the review of the Graffiti Control Act 2008.

Review of the Civil and Administrative Tribunal Act 2013

The Department of Justice is conducting a review of the Civil and Administrative Tribunal Act 2013 (NSW) to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

The Department of Justice invites interested individuals and organisations to make written submissions to the review by 10 July 2019.

See details of the review of the Civil and Administrative Tribunal Act 2013

Review of the Crime Commission Act 2012

The Crime Commission Act 2012 is being reviewed to determine if the whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. 

Submissions close on Monday, 20 August 2018.

See details of the review of the Crime Commission Act 2012.

Review of the Tattoo Parlours Act 2012

The Department of Justice is conducting a review of the Tattoo Parlours Act 2012 (NSW) to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

The Department of Justice invites interested individuals and organisations to make written submissions to the review.

See details of the review of the Tattoo Parlours Act 2012, including how to make a submission.

Review of extension of the Crimes (High Risk Offenders) Act 2006 (NSW)

The Department of Justice is seeking submissions to inform a review of amendments to the Crimes (High Risk Offenders) Act 2006 made in 2013, as required by section 32 of that Act. 

The purpose of the review is to determine whether the policy objectives of the amendments to the Act remain valid and whether the terms of the Act as amended remain appropriate for securing those objectives.

Submissions are due by 12 February 2016.

See details of the Review of the extension of the Crimes (High Risk Offenders) Act 2006, including how to make a submission.

Review of the Relationships Register Act 2010

The Department of Justice is reviewing the Relationships Register Act 2010 to determine >whether the objective of the Act remains valid and whether the terms of the legislation remain appropriate for securing the Act's objective.

See details of the review, including how to make a submission.

Review of the Court Costs Levy

The Department of Justice is reviewing the amendments introduced by the Criminal Procedure Amendment (Court Costs Levy) Act 2013 (the amending Act), as required by clause 77 of Schedule 2 of the Criminal Procedure Act 1986. The review is to determine whether the policy objectives of the amendments introduced by the amending Act remain valid and whether the terms remain appropriate for securing those objectives.

The purposes of the amending Act were to:

  • Amend the Criminal Procedure Act 1986 by introducing section 211A to require accused persons who have been found guilty of offences in summary proceedings before the Local Court to pay a Court Costs Levy (replacing a system where the Local Court had the discretion to make an order that a convicted person pay court costs).
  • Amend the Fines Act 1996 to provide that a Court Costs Levy is to be treated as a fine for the purposes of enforcement action under the Fines Act.
  • Amend the Children (Criminal Proceedings) Act 1987 by introducing section 42A to expressly provide that the court has a discretion to make an order that an accused person who has been found guilty of an offence pay court costs in criminal proceedings involving children.

The amendments were introduced to achieve greater consistency in the application of court costs.

Part 2A of the Criminal Procedure Regulation 2010 prescribes the Court Costs Levy at $85.

The review is limited in its scope to the above issues and it does not extend to a review of court costs, costs orders or court fees generally.

The Department of Justice invites interested individuals and organisations to make submissions to the review.

Submissions should be sent to the Director, Courts Strategy, NSW Department of Justice, GPO Box 6, Sydney NSW 2001 or by email to policy@justice.nsw.gov.au. The closing date for submissions is 18 December 2015.

Submissions may be referred to in the final report or be made publicly available unless you advise that you wish all or part of your submission to be treated as confidential.

Review of the Terrorism (Police Powers) Act 2002

The NSW Department of Justice is reviewing the Terrorism (Police Powers) Act 2002, as required by section 36 of the Act. The review is to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. The Act provides for special powers to be exercised by police either because of the threat of a terrorist act in the near future, or in the immediate aftermath of a terrorist attack. The Act is available at http://www.legislation.nsw.gov.au.

The NSW Ombudsman released the most recent review of Part 2A (Preventative Detention) and Part 3 (Covert Search Warrants) of the Act in September 2014. At the time of this review, no preventative detention powers had been used since the commencement of the Act. However, preventative detention orders were used to detain persons following a joint counter terrorism operation on 18 September 2014. This is the first time that preventative detention orders were used in NSW. A copy of the Ombudsman's 2014 report is available at http://www.ombo.nsw.gov.au.

On 22 February 2015 The Commonwealth Government and the NSW Government released the Martin Place Siege Joint Commonwealth – New South Wales Review (the Review). Both governments accepted all of the Review's recommendations in full. While the Review found that there were no major failings of intelligence or process in the lead up to the siege, it nevertheless recommended some measured changes to laws and government processes to mitigate public security risks. The Review and Government response is available at: http://www.nsw.gov.au/siegereview.

Relevant to counter terrorism, the Review recommended that the Australia and New Zealand Counter Terrorism Committee (ANZCTC) should monitor the operation of control orders, as well as preventative detention orders, to ensure they meet evolving operational needs. NSW will work alongside the Commonwealth and the other States and Territories to ensure that these recommendations are implemented effectively, and as a matter of priority. The outcome of the ANZCTC's work will inform the NSW Government's statutory review of the Terrorism (Police Powers) Act 2002.

The Department of Justice invites interested individuals and organisations to make submissions on the recent review.

Submissions should be sent to the Director, Crime Policy, NSW Department of Justice, GPO Box 6, Sydney NSW 2001, or by email to policy@justice.nsw.gov.au . The closing date for submissions is 24 July 2015.

Submissions may be referred to in the final report or be made publicly available unless you advise that you wish all or part of your submission to be treated as confidential. 

Review of the Coroners Act 2009

The NSW Attorney General is reviewing the Coroners Act 2009 pursuant to section 109 of that Act. The purpose of the review is to determine whether the policy objectives of the Act remain valid and whether the terms of the legislation remain appropriate for securring those objectives.

The policy objectives of the Act include to:

  • enable coroners to investigate certain deaths and make coronial recommendations
  • enable coroners to invesitgate certain fires and explosions that destroy or damage property
  • enable coroners to make recommendations in relation to matters in connection with an inquest of inquiry
  • provide for certain kinds of deaths or suspected deaths to be reported and to prevent death certificates being issued in relation to certain reportable deaths, and
  • prohibit the disposal of human remains without appropriate authority.

The Act can be viewed at the NSW legislation website.

The Department of Justice invited interested individuals organisations to make written submissions to the review.Submissions are now closed.

Review of the Government Information (Public Access) Act 2009

The NSW Attorney General is reviewing the Government Information (Public Access) Act 2009 pursuant to section 130 of that Act and the Government Information (Information Commissioner) Act 2009 pursuant to section 48 of that Act. The purpose of the review is to determine whether the policy objectives of the Acts remain valid and whether the terms of the Acts remain appropriate for securing these objectives.

The policy objective of the Government Information (Public Access) Act 2009 is to open government information to the public by:

  • authorising and encouraging the proactive public release of government information by agencies, and
  • giving members of the public an enforceable right to access government information, and
  • providing that access to government information is restricted only when there is an overriding public interest against disclosure, in order to advance an open, accountable, fair and effective system of Government.

The objective of the Government Information (Information Commissioner) Act 2009 is to establish an independent champion of open Government.

The review will also consider the relationship between the Government Information (Public Access) Act 2009 and the Privacy and Personal Information Protection Act 1998.

The Acts can be viewed at the NSW legislation website. The Department of Justice invited interested individuals and  organisations  to make written submissions to the review.  

Submissions are now closed.

The review is now complete. The completed report can be found here.

Browse and read the submissions to the Review of the Government Information (Public Access) Act 2009.

Review of the Vexatious Proceedings Act 2008

The NSW Attorney General is reviewing the Vexatious Proceedings Act 2008 pursuant to section 22 of the Act. The purpose of the review is to determine whether the policy objectives of the Vexatious Proceedings Act 2008 remain valid and whether the terms of the Act remain appropriate for securing those objectives.

The policy objectives of the Vexatious Proceedings Act 2008 are:

  • to protect the fundamental right of citizens to approach the courts to seek justice in accordance with the law, and
  • to preserve the efficiency of the justice system and shielding other participants in the justice system from unmeritorious actions.

The Act can be viewed at the NSW legislation website. The Department of Justice invited interested individuals and organisations to make written submissions to the review. Submissions are now closed.

Review of Surrogacy Act 2010

The NSW Attorney General is reviewing the Surrogacy Act 2010 pursuant to section 60 of the Act. The purpose of the review is to determine whether the policy objectives of the Surrogacy Act 2010 remain valid and whether the terms of the Act remain appropriate for securing those objectives.

The policy objectives of the Surrogacy Act 2010 are to:

  • protect the interests of children born as a result of surrogacy arrangements;
  • provide legal certainty for parties to surrogacy arrangements, and
  • prevent the commercialisation of human reproduction.

The Act can be viewed at the NSW legislation website. The Department of Justice invited interested individuals and organisations to make written submissions to the review. Submissions are now closed.

Review of the Local Court Act 2007

The NSW Attorney General is reviewing the Local Court Act 2007. The Act is available at the NSW legislation website. The review will determine whether the policy objectives of the Act remain valid and whether the terms of the legislation remain appropriate for securing those objectives.

The Department of Attorney General and Justice invited interested individuals and organisations to make written submissions to the review. Submissions are now closed. 

Review of the Criminal Procedure Act 1986

The Attorney General is reviewing Division 3, Part 3 of Chapter 3 of the Criminal Procedure Act 1986.

The aim of the review is to determine whether the Division has been effective in reducing delays in criminal proceedings prosecuted on indictment, and the cost impacts of the procedures. The Division was inserted in 2010 and made provision in relation to the pre-trial management of cases.

A copy of the Act can be accessed at the NSW legislation website.

The NSW Department of Attorney General and Justice invited interested individuals and organisations to make written submissions to the review. Submissions are now closed.

Review of the Consent Provisions in the Crimes Act 1900  

The NSW Attorney General is reviewing the consent provisions of the Crimes Act 1900 (the Act) to determine whether the policy objectives of the provisions remain valid and whether the terms of the Act remain appropriate for securing those objectives. The review is specifically concerned with the amendment to the Act made by the Crimes Amendment (Consent-Sexual Assault Offences) Act 2007 with the introduction of a statutory definition of consent in section 61HA.

The Act is available at the NSW legislation website. The Department of Attorney General and Justice invited interested individuals and organisations to make written submissions to the review. Submissions are now closed.  

Review of Part 2A of the Trees (Disputes between Neighbours Act) 2006

The NSW Attorney General is reviewing Part 2A of the Trees (Disputes Between Neighbours) Act 2006. Part 2A deals with high hedges that severely obstruct sunlight to a window or view. The Act is available at the NSW legislation website.

The period for submissions has now closed. The Department is currently consulting on key issues arising from the submissions.

Review of Succession Act 2006

The NSW Department of Attorney General and Justice is reviewing the Succession Act 2006.   A copy of this Act can be found at the NSW legislation website.

The Succession Act 2006 provides a legislative framework in relation to wills, family provision and the distribution of intestate estates in New South Wales.   The review will determine whether the policy objectives of the Act remain valid and whether the terms of the legislation remain appropriate for securing those objectives.

The period for submissions is now closed.

Review of Crimes (Domestic and Personal Violence) Act 2007

The NSW Attorney General is reviewing the Crimes (Domestic and Personal Violence) Act 2007 (Crimes (Domestic and Personal Violence) Act 2007 - NSW legislation website) . The aim of the review is to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

A Discussion Paper detailing issues for consideration in the review is available: Discussion Paper - Statutory Review of the Crimes (Domestic and Personal Violence) Act 2007 [PDF, 178KB].

The period for submissions is now closed. 

The report of this review is available on the Completed Statutory Reviews page of this website.

Review of Civil Procedure Act 2005

The NSW Department of Attorney General and Justice is reviewing the Civil Procedure Act 2005. The Civil Procedure Act 2005 provides a legislative framework in relation to practice and procedure in civil proceedings. The review will determine whether the policy objectives of the Act remain valid and whether the terms of the legislation remain appropriate for securing those objectives.

The closing date for submissions was 31 March 2011. 

Review of Workplace Surveillance Act 2005

The NSW Department of Attorney General and Justice is reviewing the Workplace Surveillance Act 2005. The Workplace Surveillance Act 2005 provides a legislative framework in relation to the surveillance of employees at work. The review will determine whether the policy objectives of the Act remain valid and whether the terms of the legislation remain appropriate for securing those objectives.


The period for submissions has now closed.

The following submissions have been received and are available for download:

Review of Defamation Act 2005

The NSW Department of Attorney General and Justice is reviewing the Defamation Act 2005. The Defamation Act 2005 is based on model uniform provisions agreed to by the Standing Committee of Attorneys General (available from the Australasian Parliamentary Counsel's Committee website - Model Defamation Provisions [PDF, 888KB]). The review will determine whether the policy objectives of the Act remain valid and whether the terms of the legislation remain appropriate for securing those objectives.

The period for submissions has now closed.

The following submissions have been received and are available for download: