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Statutory Reviews 

Note that reports on completed reviews are available in the Publications - Completed Statutory Reviews page of our website.

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 andorganisationsto 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 andorganisationsto make written submissions to the review. Submissions are now closed.

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 andorganisationsto 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 andorganisationsto 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 a t 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. 

Review of Civil Procedure Act 2005

The NSW Department of Attorney General and Justice is reviewing the Civil Procedure Act 2005 (Civil Procedure Act 2005 - NSW legislation website). 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 (Workplace Surveillance Act 2005 - NSW legislation website). 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 (Defamation Act 2005 - NSW legislation website). 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:

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