Justices Act 1902 Justices (General) Amendment (Briefs of Evidence) Regulation 1998 (1998-171) [GG No 62 of 27.3.1998, p 1856] (NSW)

1998 No 171

New South Wales

Justices (General) Amendment

(Briefs of Evidence) Regulation 1998

under the

Justices Act 1902

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Justices Act 1902.

J. W. Shaw

Attorney General

Explanatory note

The object of this Regulation is to prescribe certain requirements in relation to copies of briefs of evidence served on defendants in proceedings for prescribed summary offences under Subdivision 6A of Division 2 of Part 4 of the Justices Act 1902.

This Regulation is made under the Justices Act 1902, including sections 66D and 154 (2) (the general regulation-making power).

Published in Gazette No 62 of 27 March 1998, page 1856 Page 1

1998 No 171

Clause 1 Justices (General) Amendment (Briefs of Evidence) Regulation 1998

Justices (General) Amendment (Briefs of

Evidence) Regulation 1998

1 Name of Regulation

This Regulation is the Justices (General) Amendment (Briefs of

Evidence) Regulation 1998.

2 Commencement

This Regulation commences on 30 March 1998.

3 Amendment of justices (General) Regulation 1993

The Justices (General) Regulation I993 is amended as set out in
Schedule	1 .

4 Notes

The explanatory note does not form part of this Regulation.

1998 No 171

Justices (General) Amendment (Briefs of Evidence) Regulation 1998

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3 )

Part 4A

Insert after Part 4:

Part 4A Briefs of evidence

13A Definitions

In this Part:

address includes a private, business or official address.

telephone number includes a private, business or official

telephone number.

13B Addresses and phone numbers not to be disclosed:

section 66D

( 1 )

A copy of a brief of evidence served on a defendant under section 66B of the Act must not include any written statement that discloses the address or telephone number of the person who made the statement or of any other living person, unless:

(a)	the address or telephone number is a materially relevant part of the evidence, or
(b)	a Justice or Justices make an order permitting the disclosure in the statement.

( 2 )

An application for such an order may be made by the

defendant or the prosecuting authority.

(3)

The Justice or Justices must not make such an order unless satisfied that the disclosure is not likely to present

a reasonably ascertainable risk to the welfare or

protection of any person or that the interests of justice including the defendant's right to prepare properly for

the hearing of the evidence for the prosecution) outweigh

any such risk.

1998 No 171

Justices (General) Amendment (Briefs of Evidence) Regulation 1998

Schedule 1 Amendment

(4)	This clause does not prevent the disclosure of an address in a written statement if the statement does not identify it as a particular person's address, or it could not reasonably be inferred from the statement that it is a particular person's address.
(5)	An address or telephone number that must not be disclosed may, without reference to the person who made the written statement, be deleted from the statement, or rendered illegible, before the statement is served on the defendant.

13C Written statements: section 66D

(1)	A written statement that is included in a copy of a brief of evidence may be in the form of questions and answers.
(2)	If a copy of the brief of evidence includes any written statement that is, wholly or in part, in a language other than English, there must be annexed to it a document purporting to contain a translation of the statement, or so much of it as is not in the English language, into the English language.