Civil Procedure Amendment (Local Court Special Jurisdiction) Regulation 2013 (NSW)

2013 No 296

New South Wales

Civil Procedure Amendment (Local

Court Special Jurisdiction) Regulation

2013

under the

Civil Procedure Act 2005

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Civil Procedure Act 2005.

GREG SMITH, MP

Attorney General

Explanatory note
The object of this Regulation is to ensure that a person who is required to give evidence in personal and domestic violence proceedings before the Local Court, and objects to giving evidence on the ground of-self incrimination, may be granted a certificate preventing that evidence from being used in proceedings against the person (other than proceedings relating to the falsity of the evidence).

This Regulation is made under the Civil Procedure Act 2005, including section 4 (Application of Parts 3–10).

Published LW 21 June 2013	Page 1
2013 No 296	Civil Procedure Amendment (Local Court Special Jurisdiction) Regulation
Clause 1	2013

Civil Procedure Amendment (Local Court Special

Jurisdiction) Regulation 2013

under the

Civil Procedure Act 2005

1      Name of Regulation

This Regulation is the Civil Procedure Amendment (Local Court
Special Jurisdiction) Regulation 2013.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

3 Amendment of Civil Procedure Act 2005 No 28

Schedule 1 Application of Act

Insert at the end of the matter in Column 2 in relation to the Local Court:

All civil proceedings for which the Local Court has jurisdiction under section 91 of the Crimes (Domestic and Personal Violence) Act 2007

Note. However the Civil Procedure Regulation 2012 excludes civil proceedings for which the Local Court has jurisdiction under section 91 of the Crimes (Domestic and Personal Violence) Act 2007 from the provisions of Parts 3–9 of the Act other than section 87.

4 Amendment of Civil Procedure Regulation 2012

Insert after clause 15:

15A Proceedings excluded from provisions of Parts 3–9 of Act
consequent on substitution or amendment of Schedule 1 to
Act

Any civil proceedings for which the Local Court has jurisdiction under section 91 of the Crimes (Domestic and Personal Violence) Act 2007 are excluded from the operation of sections 19–86 and 88–154 of the Act.