New South Wales
Courts Legislation Amendment Act
1996 No 111
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendments 2 4 Explanatory notes 2
Schedule 1 Amendments 3 New South Wales
Courts Legislation Amendment Act
1996 No 111
Act No 111, 1996
An Act to amend various Acts with respect to courts and court procedures; and for other purposes. [Assented to 2 December 1996]
Section 1 Courts Legislation Amendment Act 1996 No 111 The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Courts Legislation Amendment Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendments
Each Act mentioned in Schedule 1 is amended as set out in that
Schedule.
4 Explanatory notes
The matter appearing under the heading “Explanatory note” in
Schedule 1 does not form part of this Act.Courts Legislation Amendment Act 1996 No 111
Amendments Schedule 1 Schedule 1 Amendments
(Section 3)
1.1 Children (Detention Centres) Act 1987 No 57 Section 42 Omit the section. Insert instead: 42 Attendance of persons subject to control before courts and court officers
If an appropriate person or body is satisfied that it is necessary that a detainee should attend before it, him or her for the purposes of any legal proceeding, inquest or inquiry then pending and that the absence of the detainee may prejudice the rights of a party, the person or body may make an order directing the superintendent of the detention centre in which the detainee is detained to cause the detainee to be produced at the court or other place at which the proceeding, inquest or inquiry is being held.
Such an order is sufficient authority for the superintendent to cause the detainee to be produced in accordance with the terms of the order.
A detainee produced in accordance with such an order is taken to be in lawful custody while in the actual custody of the superintendent of a detention centre, an officer or a police officer.
It is the duty of the superintendent, officer or police officer having actual custody of the detainee to return the detainee to the detention centre from which the detainee was produced as soon as the appropriate person or body permits. In this section, appropriate person or body means:
(a) a court of record, a judge of such a court or a person constituting such a court, or
Courts Legislation Amendment Act 1996 No 111
Schedule 1 Amendments
(b) the Victims Compensation Tribunal, or (c) a coroner, or (d)
a Clerk of a Local Court, a Registrar of the Children’s Court, a Registrar or assistant Registrar of the District Court, a Registrar or Deputy Registrar of the Supreme Court or the Registrar of the Court of Criminal Appeal, or
(e)
a person prescribed by the regulations for the purposes of this definition.
Explanatory note
The proposed amendment has the effect of extending the list of persons by whom an order requiring…