Felons (Civil Proceedings) Act 1981 (NSW)

An Act to provide that a person convicted of, or found to have committed, a felony shall not be incapable of instituting and maintaining civil proceedings in any court.

1Name of Act

This Act may be cited as the Felons (Civil Proceedings) Act 1981.

2Commencement(1)

Except as provided in subsection (2), this Act shall commence on the date of assent to this Act.

(2)

Sections 3–8 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3

(Repealed)

4Leave to sue required for persons convicted of serious indictable offences

A person who is in custody as a result of having been convicted of, or found to have committed, a serious indictable offence may not institute any civil proceedings in any court except by the leave of that court granted on application.

5Grant of leave

A court shall not, under section 4, grant leave to a person to institute proceedings unless the court is satisfied that the proceedings are not an abuse of process and that there is prima facie ground for the proceedings.

6Refusal of leave—appeal(1)

Subject to subsection (2), a person to whom leave referred to in section 4 has been refused may appeal against the refusal as if the decision to refuse the leave were a decision on a point of law.

(2)

An appeal shall not lie to the Court of Appeal (within the meaning of the Supreme Court Act 1970) from an order refusing leave referred to in section 4 except by the leave of the Court of Appeal.

7Right of appearance

At the hearing or determination of an application or appeal under this Act, except by the leave of the court to which the application or appeal is made:

• (a)

  the applicant or appellant, as the case may be, is not entitled to appear in person, and

• (b)

  the person who would, if the proceedings to the institution of which the application or appeal relates were instituted, be the defendant in those proceedings, is not entitled to appear or be represented.

8Rules of court

Rules of court may be made for or with respect to the practice and procedure to be followed in relation to applications or appeals under this Act.

9Provisions consequent on enactment of Crimes Legislation Amendment (Sentencing) Act 1999(1)

Section 3, as in force immediately before its repeal by the 1999 amending Act, continues to have effect in relation to any person who was convicted of a felony before the repeal of that section.

(2)

Sections 4–7, as in force immediately before their amendment by the 1999 amending Act, apply to a person who was convicted of a felony before their amendment as if the person had been convicted of a serious indictable offence.

(3)

In this section, 1999 amending Act means the Crimes Legislation Amendment (Sentencing) Act 1999.