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This page contains descriptions and reports of completed statutory reviews.
Report on Part 4AF (Major facilities) Crimes Act 1900 (PDF, 598.1 KB)
Part 4AF of the Crimes Act was enacted in 2022 in response to civil disruptions that closed or caused significant obstructions to major roads, bridges and facilities.
The report concludes that the policy objectives of Part 4AF of the Crimes Act remain valid and that its terms remain appropriate for securing those objectives, subject to repealing provisions which were declared invalid by the Supreme Court of New South Wales in Kvelde v State of New South Wales [2023] NSWSC 1560.
The report was tabled in Parliament by the Attorney General on 27 November 2024.
Submissions were received from a range of organisations, including unions and legal stakeholders. These submissions can be accessed in pdf format below. Any private individual who has made a submission who would like their submission to be published may contact the Department at policy@dcj.nsw.gov.au to request publication.
Report on the GIPA Act and GIIC Act Statutory review [PDF, 958 KB]
The Government Information (Public Access) Act 2009 (the GIPA Act), and the associated Government Information (Information Commissioner) Act 2009 (the GIIC Act), were enacted to foster change in the way New South Wales agencies make government information available to members of the public, and to contribute to a cultural shift in the way agencies and members of the public think about 'open government'.
The report concludes that the GIPA Act and GIIC Act are generally well-supported, the new pathways the GIPA Act created to access government information are useful and effective, and the Acts are operating efficiently. The objectives of both Acts remain valid, and their terms remain appropriate for securing those objectives.
The report makes a number of recommendations to provide greater clarity about the operation and objectives of the GIPA Act and GIIC Act for both agencies and applicants, and to
help ensure the Acts continue to promote open government in New South Wales.
Report on the Statutory Review of the Civil Procedure Act 2005
The Civil Procedure Act 2005 (the Act) was enacted to provide a uniform set of procedures to govern civil litigation in New South Wales.
The report concludes that the policy objectives of the Act remain valid and that the terms of the Act generally remain valid for securing those objectives.
The report makes a number of recommendations to clarify provisions that stakeholders consider ambiguous, or to make adjustments to promote the efficient operation of the Act.
More substantive amendments are recommended to be the subject of further consultation with the debt collection industry and other interested stakeholders before the Government determines whether the proposed reforms should be implemented.
The Government has accepted all recommendations of the Review of the Trees (Disputes Between Neighbours) Act 2006 [PDF, 369kb] (PDF, 361.1 KB) and the Act was amended by the Trees (Disputes Between Neighbours) Amendment Act 2010.
Further information is available on the Parliament of New South Wales page for the Trees (Disputes Between Neighbours) Amendment Bill 2010.
Statutory Review of the Crimes (Appeal and Review) Act 2001 [PDF, 262kb] (PDF, 256.9 KB)
The Act provides a legislative framework for appeal and review rights from the decisions of courts exercising summary jurisdiction. Public consultation was undertaken during the course of the review.
The attached Report concludes that the Act is largely effective in achieving its objectives and contains 17 recommendations to improve its operation.
Report on the Review of the Sea-Carriage Documents Act [Word doc, 71kb] (DOC, 80.5 KB)
Report on the Review of the Public Notaries Act [PDF, 244kb] (PDF, 243.7 KB)
Report on the Review of the Contractors Debts Act [Word doc, 151kb] (DOC, 159.0 KB)
Available in MS Word doc or PDF via these two links:
Report on the Review of the Young Offenders Act [PDF, 300kb] (PDF, 291.8 KB)
Available in MS Word doc or PDF via these two links:
Report on the Review of the Victims Support and Rehabilitation Act 1996 and the Victims Rights Act 1996 [PDF, 702kb] (PDF, 641.8 KB)
Report on the Review of the Administrative Decisions Tribunal Act 1997 [PDF, 323kb] (PDF, 3.2 MB)
Statutory Review Terrorism (Police Powers) Act 2002 (2018) (PDF, 957.2 KB)
Report on the Review of the Crimes (High Risk Offenders) Act 2006
Report on the statutory review of the Crimes (Domestic and Personal Violence) Act 2007 [PDF, 711kb] (PDF, 710.8 KB)
The Crimes (Domestic and Personal Violence) Act 2007 (the Act) creates the legislative framework for apprehended violence orders in NSW, both apprehended domestic violence orders and apprehended personal violence orders. It allows an immediate, civil response to domestic and personal violence in a way that prioritises the future safety of the person in need of protection.
Section 104 of the Act requires a review of the Act be undertaken within three years of its assent to ensure that the terms of the Act remain appropriate to ensuring its objectives.
The focus of this statutory review was on apprehended domestic violence orders, as a separate report addressing issues concerning apprehended personal violence orders was tabled in the NSW Parliament on 10 September 2013. View the separate report addressing issues concerning apprehended domestic violence orders [PDF] (PDF, 1.1 MB).
Overall, the review concluded that the policy objectives of the Act remain valid and its terms mostly remain appropriate for securing those objectives. The report contains 17 recommendations proposing legislative amendments to improve the operation of the Act and to better protect people from domestic violence. All of the recommendations have been accepted by the NSW Government.
The Discussion Paper that was issued during this review is also available: Discussion Paper on the statutory review of the Crimes (Domestic and Personal Violence) Act 2007 (PDF, 175.3 KB)
Report on the review of Chapter 9A of the Coroners Act 2009 (Domestic Violence Death Review) [PDF, 622kb] (PDF, 626.2 KB)
Chapter 9A was inserted into the Coroners Act 2009 (the Act) in 2010 and established the NSW Domestic Violence Death Review Team (DVDRT). The policy objective of establishing the DVDRT is to examine domestic violence related deaths with a view to reducing the incidence of such deaths in NSW and facilitate improvements in systems and services.
This Review has been conducted in accordance with s101P of the Act which requires the Attorney General to conduct a statutory review of Chapter 9A three years after its commencement.
The Review concluded that the policy objectives behind Chapter 9A of the Act remain valid and the terms of Chapter 9A remain appropriate for securing those objectives. Specific recommendations have however been identified, to further enhance the DVDRT’s vital role in reducing domestic violence in NSW. All seven of the review’s recommendations have been accepted by the NSW Government.
Statutory Review of the Terrorism (Police Powers) Act 2002 (2015)
Review of the Consent Provisions for Sexual Assault Offences in the Crimes Act 1900 [PDF, 199 kb] (PDF, 179.0 KB)
Review of the DNA Review Panel (Division 6, Part 7) [PDF, 495kb] (PDF, 497.5 KB)
Erratum
A minor error has been identified on page 29 of the review. The final sentence of paragraph 5 on that page should read:
"Under that section, 69 applications were considered during the period of the Panel’s operation. The Review was unable to obtain details on the outcome of these applications, however, it is known that the same number of applications were received in the period 1994-2003, resulting in at least 5 convictions being quashed and 1 re-trial being ordered."
Review of the Graffiti Control Act 2008 [PDF, 161kb] (PDF, 164.5 KB)
Review of the Sporting Venues (Offender Banning Orders) Act 2005 [MS Word doc, 81kb] (DOC, 93.0 KB)
Review of the Crimes (Serious Sex Offenders) Act 2006 [MS Word doc, 2411kb] (DOC, 2.3 MB)
Review of the Terrorism (Police Powers) Act 2002 [PDF, 231kb] (PDF, 226.9 KB)
Review of the Police Powers (Internally Concealed Drugs) Act 2001 [MS Word doc, 71kb] (DOC, 80.0 KB)
Review of the Police Powers (Drug Premises) Act 2001 [MS Word doc, 106kb] (DOC, 114.5 KB)
Review of the Terrorism (Police Powers) Act 2002 [PDF, 238kb] (PDF, 233.5 KB)
09 Dec 2024