Statutes Amendment (Courts and Justice Measures) Act 2016 (SA)

South Australia

Statutes Amendment (Courts and Justice Measures) Act 2016

An Act to amend the Bail Act 1985; the Criminal Law Consolidation Act 1935; the Cross-border Justice Act 2009; the Evidence Act 1929; the Judicial Conduct Commissioner Act 2015; the Legislation Revision and Publication Act 2002; the Summary Procedure Act 1921; the Victims of Crime Act 2001; the Young Offenders Act 1993 and the Youth Court Act 1993.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Courts and Justice Measures) Act 2016.

2Commencement

1. (1)

   Subject to subsection (2), this Act will come into operation on the day on which it is assented to by the Governor.

2. (2)

   Section 17 of this Act will come into operation immediately after section 4 of the Statutes Amendment (Youth Court) Act 2016 comes into operation, or on the day on which this Act is assented to by the Governor, whichever is the later.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Bail Act 19854Amendment of section 6 – Nature of bail agreement

Section 6(3)—after paragraph (c) insert:

1. (ca)

   a registrar or deputy registrar of a court; or

5Amendment of section 7 – Guarantee of bail

Section 7(3)—after paragraph (c) insert:

1. (ca)

   a registrar or deputy registrar of a court; or

Part 3Amendment of Criminal Law Consolidation Act 19356Substitution of section 361

Section 361—delete the section and substitute:

361—Presence of appellant or respondent on hearing of appeal

1. (1)

   The Supreme Court may make rules with respect to the presence in court of an appellant or respondent who is in custody during—

   1. (a)

      the hearing of the appeal; or

   2. (b)

      the hearing of an application for permission to appeal; or

   3. (c)

      any proceedings preliminary or incidental to an appeal.

2. (2)

   Without limiting subsection (1), the rules of court may (for example)—

   1. (a)

      provide that the appellant or respondent may be present during the hearing of an appeal or an application for permission to appeal, or a proceeding preliminary or incidental to an appeal—

      1. (i)

         in person; or

      2. (ii)

         by means of an audio visual link; or

      3. (iii)

         by means of an audio link; and

   2. (b)

      provide that the appellant or respondent may not be present during any such hearing or proceeding.

3. (3)

   Despite any rule to the contrary, the Full Court may, if the Court considers there is good reason to do so, proceed with the hearing of an appeal or an application for permission to appeal, or a proceeding preliminary or incidental to an appeal, in the absence of the appellant or respondent.

4. (4)

   In this section—

audio link means a system of 2‑way communication linking different places so that a person speaking at any 1 of the places can be heard at the other;

audio visual link means a system of 2-way communication linking different places so that a person speaking at any 1 of the places can be seen and heard at the other.

Part 4Amendment of Cross-border Justice Act 20097Amendment of section 7 – Interpretation

Section 7(1), definition of detention centre, paragraph (a)—after "Family and Community Services Act 1972" insert:

or section 21 of the Youth Justice Administration Act 2016

Part 5Amendment of Evidence Act 1929

8Amendment of section 13B – Cross‑examination of certain witnesses

1. (1)

   Section 13B(1)(a)—after "criminal trial" insert:

   (whether or not related to the offence)

2. (2)

   Section 13B(5), definition of offence to which this section applies—before paragraph (a) insert:

   1. (aa)

      an offence under section 24 of the Criminal Law Consolidation Act 1935; or

9Amendment of section 59IQ – Appearance etc by audio visual link or audio link

Section 59IQ(4) and (5)—delete subsections (4) and (5) and substitute:

1. (4)

   Subject to any other Act and any relevant rules of court, if a defendant is in custody prior to trial and facilities exist for dealing with proceedings by means of an audio visual link or audio link, the court may, if of the opinion that it is appropriate in the circumstances to do so, deal with the proceedings by audio visual link or audio link without requiring the personal attendance of the defendant.

2. (5)

   Without limiting the circumstances that a court may take into consideration for the purposes of subsection (4), if the proceeding is the defendant's first appearance before a court in connection with the charge or charges for which the defendant is in custody, the court must take into consideration whether or not the defendant is represented by a legal practitioner or has had the opportunity to obtain legal advice.

Part 6Amendment of Judicial Conduct Commissioner Act 201510Amendment of section 4 – Interpretation

Section 4(1), definition of relevant jurisdictional head—after "Courts Administration Act 1993" insert:

and includes, in a case where the judicial officer who is, or is to be, the subject of a complaint is a jurisdictional head, the Chief Justice of the Supreme Court

11Amendment of section 18 – Referral of complaint to relevant jurisdictional head

1. (1)

   Section 18—after subsection (2) insert:

   1. (2a)

      If a complaint is referred, under this section, to the Chief Justice of the Supreme Court because the complaint relates to a jurisdictional head, the Chief Justice may take action in relation to the complaint by—

      1. (a)

         making recommendations to the jurisdictional head the subject of the complaint (including, for example, recommendations as to caseloads, record keeping, medical examinations or counselling); or

      2. (b)

         counselling the jurisdictional head the subject of the complaint in relation to any conduct that has the potential to undermine public confidence in the court.

2. (2)

   Section 18—after subsection (3) insert:

   1. (3a)

      If any recommendations have been made to a jurisdictional head the subject of a complaint in accordance with subsection (2a)(a), the jurisdictional head must, within 28 days after the making of the recommendations (or such other period as may be agreed between the Commissioner and the jurisdictional head), give the Commissioner written notification of the action taken by the jurisdictional head in response to the recommendations.

Part 7Amendment of Legislation Revision and Publication Act 2002

12Amendment of section 5 – Program for revision and publication of legislation

Section 5(2)—delete "and electronic" and substitute:

or electronic

13Amendment of section 8 – Publication of legislation

Section 8(1) and (2)—delete subsections (1) and (2) and substitute:

1. (1)

   Legislation may be published under this Act by—

   1. (a)

      publishing a printed copy of the legislation; or

   2. (b)

      publishing an electronic copy of the legislation, from a website or otherwise, in accordance with the regulations.

Part 8Amendment of Summary Procedure Act 1921

14Amendment of section 184 – Application may be made to Court for transfer to training centre

Section 184(1)(c)—delete ", under a Minister, responsible for the administration of the Family and Community Services Act 1972" and substitute:

responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016

Part 9Amendment of Victims of Crime Act 2001

15Amendment of Schedule 1 – Repeal and transitional provisions

Schedule 1, clause 2—after subclause (3) insert:

1. (4)

   Without derogating from section 37, the Governor may make regulations under this Act for the purposes of applications referred to in subclause (1) (including any regulation that could have been made under the repealed Act as in force immediately before its repeal).

2. (5)

   The Criminal Injuries Compensation Regulations 2002 continue to have effect for the purposes of subclause (1) until revoked by regulations made under this Act (and Part 3A of the Subordinate Legislation Act 1978 does not apply, and is taken never to have applied, to the Criminal Injuries Compensation Regulations 2002 as so continued).

Part 10Amendment of Young Offenders Act 199316Repeal of section 40

Section 40—delete the section

Part 11Amendment of Youth Court Act 1993

17Amendment of section 10 – Court's principal judicial officer

Section 10(9)—delete subsection (9)