Building a stronger and more efficient justice system

19 October 2023

The NSW Parliament has today passed a Bill that will help support and ensure an efficient, fit-for-purpose justice system in NSW.

The amendments in the Justice Legislation Amendment (Miscellaneous) Bill 2023 form an essential part of the NSW Government’s commitment to a healthy program of legislative maintenance and review. This Bill introduces several amendments to improve, clarify and update legislation across various areas of the justice system, and plays a key role in good governance.

This Bill introduces amendments that address developments in case law, close gaps, provide clarity and updates where needed, and support operational improvements. Key features of the Bill include:

• Amending the Fines Act 1996 to allow for the completion of prescribed activities to be treated as payment of a penalty notice. This change allows for the making of a regulation to facilitate the Pre-Court Diversion Scheme, announced last week. The Scheme will enable $400 criminal infringement notices (on-the-spot fines) to be issued for the possession of small quantities of drugs and for personal use, with the fine to be considered paid if the person completes a tailored alcohol and drug health intervention.
• Amending the Bail Act 2013 to permit a court to impose a pre-release bail condition requiring the accused to be accompanied by a specific person upon release from custody.
• Amending the Law Enforcement (Powers and Responsibilities) Act 2002 to allow the continued use of email applications for search warrants, following a trial period, improving efficiency and justice system processes.
• Amending the Terrorism (Police Powers) Act 2002 to implement recommendations of the statutory review of that Act. This includes an amendment to extend the preventative detention scheme for a further three years, and amendments to ensure that a person on a preventative detention order has the right to contact the Ombudsman and is informed of that right.

Read the full Bill here: Justice Legislation Amendment (Miscellaneous) Bill 2023 (nsw.gov.au)

The most recent substantial Justice Miscellaneous Bill was passed in 2020.

NSW Attorney General Michael Daley said:

“This Bill is an investment in our justice system. It ensures that legislation is fit for purpose and introduces reforms to make our justice system more efficient and easier for everyone, from judicial officers who apply the law to the people who come before the courts and the wider community.”

“The justice system is dynamic and evolves over time. It is important that the legislation that underpins it is kept up to date and clear in its intention and application.”

“The Bill amends a number of Acts and seeks to address multiple elements of the justice system quickly and efficiently.”