Justice and Community Safety Legislation Amendment Act 2024 (ACT)

Case

Justice and Community Safety Legislation Amendment Act 2024

A2024-49

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Civil Law (Wrongs) Act 2002

4            Claimant may add later respondentsSection 55 (2) (a)  4

5            Section 55 (3) (b)  4

6            Respondent may add someone else as contributorSection 57 (1)  4

7           Section 57 (2)  4

8            Section 57 (3)  5

9            Section 57 (5)  5

Part 3Civil Law (Wrongs) Regulation 2003

10          Sections 7 and 8  6

Part 4Corrections Management Act 2007

11          Treatment of convicted and non‑convicted detaineesSection 44 (4) and example  7

Part 5Court Procedures Act 2004

12          Director‑general, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner etc may appear at proceedingsSection 74C (2) (e)  8

Part 6Crimes Act 1900

13          Persistent sexual abuse of child or young person under special careSection 56 (3)  9

14          Section 56 (3), new note  9

Part 7Domestic Violence Agencies Act 1986

15          Review of partSection 16Y (1)  10

16          Section 16Y (3)  10

Part 8Human Rights Act 2004

17          Public authorities must act consistently with human rightsSection 40B (1), note  11

Part 9Human Rights Commission Act 2005

18          Dictionary, definition of person complained about, paragraph (d) (ii)       12

19          Dictionary, definition of public authority, paragraph (b)  12

Part 10Parentage Act 2004

20          CounsellingSection 28A (2)  13

Part 11Security Industry Act 2003

21          New section 29AA  14

Part 12Urban Forest Act 2023

22          Application for approval of tree damaging etc activitySection 21 (1)  15

23          Definitions—sdiv 3.3.2Section 34, definition of decision-maker  15

24          Decision on approval application—canopy contribution agreementsSection 35 (3), note  15

25          Section 35 (4) (b)  16

26          Dictionary, definition of decision-maker, paragraph (b)  16

Schedule 1Discrimination Act 1991—Minor amendment 17

Justice and Community Safety Legislation Amendment Act 2024

A2024-49

An Act to amend legislation about justice and community safety, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Justice and Community Safety Legislation Amendment Act 2024.

  2. Commencement

    (1)Section 3 and parts 8 and 9 are taken to have commenced on the commencement of the Human Rights (Complaints) Legislation Amendment Act 2023, section 23.

    NoteThe naming and commencement provisions are taken to have commenced on 11 June 2024 (see Legislation Act, s 75 (2)).

    (2)Part 6 commences on the commencement of the Crimes Legislation Amendment Act 2024, section 14.

    (3)Part 10 is taken to have commenced on the commencement of the Parentage (Surrogacy) Amendment Act 2024, section 3.

    (4)The remaining provisions commence on the day after this Act’s notification day.

  3. Legislation amended

    This Act amends the following legislation:

    ·     Civil Law (Wrongs) Act 2002

    ·     Civil Law (Wrongs) Regulation 2003

    ·     Corrections Management Act 2007

    ·     Court Procedures Act 2004

    ·     Crimes Act 1900

    ·     Domestic Violence Agencies Act 1986

    ·     Human Rights Act 2004

    ·     Human Rights Commission Act 2005

    ·     Parentage Act 2004

    ·     Security Industry Act 2003

    ·     Urban Forest Act 2023.

    NoteThis Act also amends the Discrimination Act 1991 (see sch 1).

Part 2Civil Law (Wrongs) Act 2002

  1. Claimant may add later respondents
    Section 55 (2) (a)

    substitute

    (a)within the period (if any) prescribed by regulation; or

  2. Section 55 (3) (b)

    omit

    time

    substitute

    period

  3. Respondent may add someone else as contributor
    Section 57 (1)

    omit

    may, within the time prescribed by regulation, add

    substitute

    may add

  4. Section 57 (2)

    substitute

    (2)However, the respondent may add someone else as a contributor only—

    (a)within the period (if any) prescribed by regulation; or

    (b)if the contributor and all parties to the claim agree; or

    (c)if the court gives leave.

  5. Section 57 (3)

    omit 1st mention of

    If

    substitute

    Also, if

  6. Section 57 (5)

    omit

    time

    substitute

    period

Part 3Civil Law (Wrongs) Regulation 2003

  1. Sections 7 and 8

    substitute

  2. Claimant adds later respondent—period to tell other respondents—Act, s 55 (3) (b)

    The period prescribed is 1 month after the day the claimant adds the later respondent.

  3. Respondent adds contributor—period to give copy of contribution notice to other parties—Act, s 57 (5)

    The period prescribed is 1 month after the day the respondent adds someone else as a contributor.

Part 4Corrections Management Act 2007

  1. Treatment of convicted and non‑convicted detainees
    Section 44 (4) and example

    substitute

    (4)Despite subsection (2), the director‑general may give directions for different accommodation of a non‑convicted detainee if the director‑general is satisfied that it is reasonably necessary to do so—

    (a)to protect the safety of the detainee or anyone else; or

    (b)in the best interests of the detainee.

Part 5Court Procedures Act 2004

  1. Director‑general, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner etc may appear at proceedings
    Section 74C (2) (e)

    omit

    proceeding is against

    substitute

    hearing relates to

Part 6Crimes Act 1900

  1. Persistent sexual abuse of child or young person under special care
    Section 56 (3)

    omit

    unanimously

  2. Section 56 (3), new note

    insert

    NoteFor circumstances in which a majority verdict is a sufficient verdict in a proceeding for an offence against s (1), see the Juries Act 1967, s 38.

Part 7Domestic Violence Agencies Act 1986

  1. Review of part
    Section 16Y (1)

    substitute

    (1)The Minister must review the operation of this part as soon as practicable after 31 March 2026.

  2. Section 16Y (3)

    substitute

    (3)This section expires on 31 March 2027.

Part 8Human Rights Act 2004

  1. Public authorities must act consistently with human rights
    Section 40B (1), note

    after

    a public authority

    insert

    , other than a public authority mentioned in section 40 (1) (e),

Part 9Human Rights Commission Act 2005

  1. Dictionary, definition of person complained about, paragraph (d) (ii)

    omit

    , (e)

  2. Dictionary, definition of public authority, paragraph (b)

    substitute

    (b)includes an entity for whom a declaration is in force under the Human Rights Act 2004, section 40D (Other entities may choose to be subject to obligations of public authorities); but

    (c)does not include a public authority mentioned in the Human Rights Act 2004, section 40 (1) (e).

Part 10Parentage Act 2004

  1. Counselling
    Section 28A (2)

    omit

Part 11Security Industry Act 2003

  1. New section 29AA

    in division 3.7A, before section 29A, insert

29AADisclosure of disqualifying offences

(1)A licensee must notify the commissioner for fair trading, in writing, if the licensee is convicted or found guilty of an offence mentioned in section 21 (3) (General suitability criteria) during the term of the licence.

(2)A licensee commits an offence if the licensee fails to give notice in accordance with subsection (1) within 14 days after the day the licensee becomes aware of the conviction or finding of guilt.

Maximum penalty:  20 penalty units.

(3)An offence against this section is a strict liability offence.

Part 12Urban Forest Act 2023

  1. Application for approval of tree damaging etc activity
    Section 21 (1)

    omit

    leased

  2. Definitions—sdiv 3.3.2
    Section 34, definition of decision-maker

    substitute

    decision-maker, in relation to a protected tree that is proposed to be removed in accordance with a development approval, means the territory planning authority.

  3. Decision on approval application—canopy contribution agreements
    Section 35 (3), note

    substitute

    NoteThe decision-maker in relation to a protected tree that is proposed to be removed in accordance with a development approval is the territory planning authority.

  4. Section 35 (4) (b)

    substitute

    (b)the approval relates to a public tree and an administrative unit has—

    (i)approved the removal of the tree at the applicant’s cost; and

    (ii)stated, in writing, that the tree would be removed by the administrative unit as part of an activity authorised under section 19; or

  5. Dictionary, definition of decision-maker, paragraph (b)

    substitute

    (b)for subdivision 3.3.2 (Approved activities—canopy contributions), in relation to a protected tree that is proposed to be removed in accordance with a development approval—see section 34.


Schedule 1Discrimination Act 1991—Minor amendment

(see s 3)

[1.1]Section 32 (4)

omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 15 May 2024.

  2. Notification

    Notified under the Legislation Act on 17 September 2024.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Justice and Community Safety Legislation Amendment Bill 2024, which was passed by the Legislative Assembly on 5 September 2024.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2024

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