Justices (Community Justice Centres) Act 1983 (NSW)

JUSTICES (COMMUNITY JUSTICE CENTRES) AMENDMENT

ACT, 1983, No. 128

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ANNO TRICESIMO SECUNDO

ELIZABETHS R REGINS

Act No. 128, 1983.

An Act to amend sections 60 and 68 of the Justices Act, 1902, to facilitate

the reference of disputes for mediation under the Community Justice

Centres Act, 1983. [Assented to, 20th December, 1983.)

Act No. 128, 1983. 2

Justices {Community Justice Centres) Amendment.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.     This Act may be cited as the "Justices (Community Justice Centres)

Amendment Act, 1983".

Commencement.

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence

on 1st December, 1983.

Amendment of Act No. 27, 1902.

3. The Justices Act, 1902, is amended in the manner set forth in

Schedule 1.

SCHEDULE 1.

(Sec. 3.)
AMENDMENTS TO THE JUSTICES ACT,	1902.

(1) Section 60 (2), (3)—

At the end of section 60, insert:—

(2) Where the Justice before whom an information or complaint is laid or made considers that the matter of the information or complaint would be better resolved by mediation than by proceedings under this Act, the Justice may, with the consent of the informant or complainant, instead of issuing a summons under subsection (1),

1. Act No. 128, 1983.

   Justices {Community Justice Centres) Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE JUSTICES ACT, 1902—continued.

order the informant or complainant to submit the matter of the information or complaint to mediation under the Community Justice Centres Act, 1983.

(3) Where an order is made under subsection (2) in relation to

the matter of an information or complaint but—

(a)	the matter of the information or complaint may not, by the operation of section 22 (1) of the Community Justice Centres Act, 1983, be the subject of a mediation session under that Act;
(b)	the defendant refuses to attend at, or participate in, a mediation session under that Act or either party withdraws from such a session;
(c)	the Director of a Community Justice Centre declines under section 24 (1) of that Act to consent to the acceptance of the matter of the information or complaint for mediation; or
(d)	a mediation session attended by the informant or complainant and the defendant is terminated under section 24 (2) of that Act,

a Justice may issue a summons for the appearance of the defendant.

(2) Section 68 (d) —

At the end of section 68, insert: —

(d) to enable the matter of the information or complaint to be the subject of a mediation session under the Community Justice Centres Act. 1983.