Justice Legislation Amendment Bill (No 2) 2019

Justice Omnibus Bill #2 (Bail, Juvenile Justice, Body Cameras, Trailer Theft, Domestic Violence ... )

Long Title (NSW): An Act to amend various Acts and regulations relating to courts, crimes and other Communities and Justice portfolio matters
Status: Passed and signed off by the state Governor (Assented); It will now be law.
PIPE Bill ID # 5643
State / Territory: New South Wales (NSW)
Last Modified 20 November 2019

Effects of Bill:

A police officer can now make a decision whether to release a witness on bail if a witness is arrested under a warrant for failing to testify, if the witness cannot be immediately brought to court or before a judge
If a person was granted bail on the condition they turn up to court, and they do not turn up, the court can issue a bench warrant for the person to be arrested and brought before the court
Someone who has to report suspected or known child abuse under mandatory reporting obligations but does not report what they know, if they claim the defence of Reasonable Excuse In The Balance Of Probabilities the onus is now on them to prove this is true
Juvenile offenders on parole who turn 18 or are over 18 are no longer covered by juvenile justice parole rules but are now covered by adult parole rules
A Deputy Chief Magistrate recommended by the Chief Magistrate is to be appointed to the Domestic Violence Death Review Team
Security search at a court conducted by a security officer may now include requiring the person to remove their belt
If a person goes through a security scanner at a court the security officer can, based on the result of the scanner search, require the person to go through a personal search; They can already require any person to go through a personal search if they believe the person possesses a weapon or other restricted item
A person may be convicted of participating in a criminal group regardless of whether they are a member of the criminal group (i.e. a gang)
Trailer Theft is now legally treated like car and boat theft
Access or modification of computer data (hacking), or impairment of electronic communications (jamming), caused by a cop isn\'t a crime if it is done to preserve evidence or to stop evidence of a crime being lost or faked
Prison officers have more powers to stop, detain, search and arrest people suspected of committing a crime covered by the Administration Of Sentences Act 1999
The Commissioner of Corrective Services can now enter information sharing agreements with intelligence agencies, law enforcement agencies, and interstate equivalents of Corrective Services NSW without needing regulations to do so (but rules on disclosure, sharing and exchange of information can be made which govern these agreements)
(1.8) DVO/AVO applicants no longer request the period for which the order will remain in force. By default it will be 1 year against someone under 18 and 2 years against someone over 18
A judge will now determine the length of time an order remains in force, taking into consideration: evidence presented so far, the circumstances and views of the victim, and the effect of a possible extended order on the person the order is against
Apprehended Domestic Violence Orders cannot be permanent (infinite time) against someone who is under 18 at the time the Order was first made
(1.9) Attorney General or the Director of Public Prosecutions has more freedom to appeal against certain sentences for summary offences in cases where there are more serious (indictable) offences also
(1.10) Female Genital Mutilation is now a Prescribed Sexual Offence.
Concealing a serious offence is considered a Prescribed Sexual Offence if the crime being hidden is classed as a Prescribed Sexual Offence
If a person accused of an indictable offence has a lawyer representing them, the magistrate can just give them a written explanation of the committal process instead of having to explain it to them in court.
It is now clarified that the first return date can be before a Registrar of the Court instead of a Magistrate in some circumstances
Evidence given in protected confidence by a witness under 14 years old may be disclosed to a court provided a suitable court-appointed representative consents on the child\\\'s behalf
Drug dealing will now be treated as a summary offence (just before a judge) unless the prosecutor or person charged chooses to go before a jury (be dealt with on indictment)
(1.11) Updates to the words used for parole (conditional release order), community service and good behaviour bonds (community corrections orders) has meant that the firearms act needs to be updated to use the new words. It still says in effect that people on parole or good behaviour bonds cannot have anything to do with guns - no selling, buying, shooting, etc