Local Courts (Criminal and Applications Procedure) Amendment Rule 2003 (NSW)

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2003 No 454

New South Wales

Local Courts (Criminal and

Applications Procedure) Amendment

Rule 2003

under the

Local Courts Act 1982

The Local Court Rule Committee made the following rule of court under the

Local Courts Act 1982 on 30 June 2003.

Stephen Olischlager

Secretary of the Rule Committee

Explanatory note
The objects of this Rule are to:

(a)

provide for an endorsement for a written witness statement that is appropriate for children and adults with impaired intellectual functioning, and

(b)

update a reference to the Scale of Allowances Paid to Witnesses published by the Attorney General, for the purpose of setting allowances payable for complying with subpoenas in Local Court criminal and application proceedings.

Published in Gazette No 109 of 4 July 2003, page 6903 Page 1
2003 No 454
Clause 1 Local Courts (Criminal and Applications Procedure) Amendment Rule 2003

Local Courts (Criminal and Applications Procedure)

Amendment Rule 2003

under the

Local Courts Act 1982

1 Name of Rule

This Rule is the Local Courts (Criminal and Applications
Procedure) Amendment Rule 2003.

2 Amendment of Local Courts (Criminal and Applications Procedure) Rule 2003

The Local Courts (Criminal and Applications Procedure) Rule

2003 is amended as set out in Schedule 1.

Page 2
2003 No 454

Local Courts (Criminal and Applications Procedure) Amendment Rule 2003

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 2)

[1]      Clause 11 Endorsement of written statements

Insert “, if the statement is made by a person other than an adult who suffers from an appreciably below average general intelligence function or a child” after “form”.

[2]      Clause 11 (2)

Insert at the end of clause 11:

(2) For the purposes of section 79 (3) of the Act, an endorsement on a statement of a person who is an adult who suffers from an appreciably below average general intelligence function or who is a child is to be in the following form:
I have not told any lies in this statement.

[3]      Clause 45 Conduct money

Omit “Government Gazette No 106 of 28 June 2002, at pages 4995 and
4996”.
Insert instead “Government Gazette No 104 of 27 June 2003, at pages
6408 and 6409”.

BY AUTHORITY

Page 3

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