Update 153 amends the Bench Book to update and revise various chapters and incorporate recent legislative developments. The following chapters have been revised:
Specific penalties and orders has been updated to incorporate:
- Bail Act 2013 amendments by Bail and Other Legislation Amendment (Domestic Violence) Act 2024
- Crimes Act 1900 amendments by Crimes Legislation Amendment (Coercive Control) Act 2022
- Crimes (Domestic and Personal Violence) Act 2007 amendments by Crimes Legislation Amendment (Coercive Control) Act 2022
- Protection of the Environment Operations Act 1997 amendment to s 215(2) by Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 from 3 April 2024 which increases the maximum penalty for offences under the Act that may be dealt with summarily by the Local Court to 2,000 penalty units
- Surveillance Devices Act 2007 amendment to s 56 by Bail and Other Legislation Amendment (Domestic Violence) Act 2024.
Domestic violence offences
- [5-500] Introduction and [5-600] Abusive behaviour towards intimate partners revised to incorporate the 1 July 2024 commencement of the offence of abusive behaviour towards intimate partners (s 54D of the Crimes Act 1900), inserted by Crimes Legislation Amendment (Coercive Control) Act 2022.
Bail
- [20-300] Test to be applied updated to incorporate amendments made by Bail and Other Legislation Amendment (Domestic Violence) Act 2024 which commenced on 1 July 2024.
Children’s Court — criminal jurisdiction
- [38-040] Bail updated to include reference to R v RB [2024] NSWSC 471 where the Court held s 22C applies when the offence for which bail is being sought is alleged to have been committed after the provision commenced, and R v KO [2024] NSWSC 679 where the Court held s 22C does not apply to an attempted offence. Also updated to include a reference to the Children’s Court bail guidelines.
Non-publication and suppression orders
- [62-040] Table A — Automatic non-publication/suppression provisions reviewed and updated
- [62-040] Table B — Non-publication/suppression provisions requiring a court order reviewed and updated
- [62-080] Table C — Commonwealth suppression and non-publication provisions reviewed and updated.
Local Court Practice Notes
- [74-200] Specialist Family Violence List Pilot Practice Note revised with effect from 6 May 2024
- [74-600] Practice Note Civ 1 Case management of civil proceedings in the Local Court revised with effect from 3 June 2024.
The Index, Table of Cases and Table of Statutes have been updated to Update 153.