Laws from study Flashcards
(37 cards)
Road Transport Act 2013 No 18
175 Requirement for driver or rider to produce Australian driver licence and state name and address(cf Gen Act, s 171)
(1) An authorised officer may, in the execution of the officer’s functions under the road transport legislation, require the driver or rider of a vehicle or horse to do any or all of the following—
(a) produce the driver’s relevant Australian driver licence (in the case of the driver of a motor vehicle),
(b) state the driver’s or rider’s name,
(c) state the driver’s or rider’s home address.
2) A person must not—
(a) refuse to comply with a requirement of an authorised officer under subsection (1), or
(b) state a false name or home address.
Maximum penalty—20 penalty units.
(3) In subsection (1), a reference to a driver of a vehicle (in the case of a motor vehicle) includes, where the driver is the holder of a learner licence and the motor vehicle is not a motor cycle, a reference to a holder of a relevant Australian driver licence occupying the seat in or on the motor vehicle next to the driver.
Police Act 1990 (NSW)
s 6 Mission and functions of NSW Police Force
(1) The mission of the NSW Police Force is to work with the community to reduce violence, crime and fear.
(2) The NSW Police Force has the following functions—
(a) to provide police services for New South Wales,
(b) to exercise any other function conferred on it by or under this or any other Act,
(c) to do anything necessary for, or incidental to, the exercise of its functions.
(3) In this section—
police services includes—
(a) services by way of prevention and detection of crime, and
(b) the protection of persons from injury or death, and property from damage, whether arising from criminal acts or in any other way, and
(c) the provision of essential services in emergencies, and
(d) any other service prescribed by the regulations.
Police Act 1990 (NSW)
7 Statement of values of members of NSW Police Force
Each member of the NSW Police Force is to act in a manner which—
(a) places integrity above all,
(b) upholds the rule of law,
(c) preserves the rights and freedoms of individuals,
(d) seeks to improve the quality of life by community involvement in policing,
(e) strives for citizen and police personal satisfaction,
(f) capitalises on the wealth of human resources,
(g) makes efficient and economical use of public resources, and
(h) ensures that authority is exercised responsibly.
Police Act 1990 (NSW)
13 Oath to be taken by persons exercising police functions
(1) Before a person exercises any of the functions of a police officer, the person must take the oath or make the affirmation of office as a police officer in accordance with the regulations.
(2) A police officer is not required to take a further oath or make a further affirmation after a change in the officer’s position in the NSW Police Force, so long as the officer remains in the NSW Police Force.
(3) An oath or affirmation under this section is to be administered by or made before the Commissioner or any other person authorised to administer an official oath under the Oaths Act 1900.
Police Regulation 2015 (NSW)
s 7 Oath or affirmation of office for police officers
(1) The form of the oath required to be taken by a police officer under section 13 of the Act is as follows:
I, , do swear that I will well and truly serve our Sovereign Lady the Queen as a police officer without favour or affection, malice or ill-will until I am legally discharged, that I will cause Her Majesty’s peace to be kept and preserved, and that I will prevent to the best of my power all offences against that peace, and that while I continue to be a police officer I will to the best of my skill and knowledge discharge all my duties faithfully according to law.
Law Enforcement Conduct Commission Act 2016 (NSW)
11 Maladministration
(1) For the purposes of this Act, agency maladministration means any conduct (by way of action or inaction) of the NSW Police Force or the Crime Commission other than excluded conduct—
(a) that is unlawful (that is, constitutes an offence or is corrupt conduct or is otherwise unlawful), or
(b) that, although it is not unlawful—
(i) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or
(ii) arises, wholly or in part, from improper motives, or
(iii) arises, wholly or in part, from a decision that has taken irrelevant matters into consideration, or
(iv) arises, wholly or in part, from a mistake of law or fact, or
(v) is conduct of a kind for which reasons should have (but have not) been given, or
Police Act 1990 (NSW)
211F Members of NSW Police Force under duty to report misconduct of police officers
(1) A police officer who has reasonable grounds to suspect that another police officer has engaged in police misconduct or serious maladministration is under a duty to report that police misconduct or maladministration or alleged
Victims Rights and Support Act 2013 No 37
6 Charter of rights of victims of crime
The following comprises the Charter of rights of victims of crime—
6.1 Courtesy, compassion and respect
A victim will be treated with courtesy, compassion, cultural sensitivity and respect for the victim’s rights and dignity.
6.2 Information about services and remedies
A victim will be informed at the earliest practical opportunity, by relevant agencies and officials, of the services and remedies available to the victim.
6.3 Access to services
A victim will have access where necessary to available welfare, health, counselling and legal assistance responsive to the victim’s needs.
6.4 Information about investigation of the crime
A victim will, on request, be informed of the progress of the investigation of the crime, unless the disclosure might jeopardise the investigation. In that case, the victim will be informed accordingly.
6.5 Information about prosecution of accused
(1) A victim will be informed in a timely manner of the following—
(a) the charges laid against the accused or the reasons for not laying charges,
(b) any decision of the prosecution to modify or not to proceed with charges laid against the accused, including any decision to accept a plea of guilty by the accused to a less serious charge in return for a full discharge with respect to the other charges,
(c) the date and place of hearing of any charge laid against the accused,
(d) the outcome of the criminal proceedings against the accused (including proceedings on appeal) and the sentence (if any) imposed.
(2) A victim will be consulted before a decision referred to in paragraph (b) above is taken if the accused has been charged with a serious crime that involves sexual violence or that results in actual bodily harm or psychological or psychiatric harm to the victim, unless—
(a) the victim has indicated that he or she does not wish to be so consulted, or
(b) the whereabouts of the victim cannot be ascertained after reasonable inquiry.
6.6 Information about trial process and role as witness
A victim who is a witness in the trial for the crime will be informed about the trial process and the role of the victim as a witness in the prosecution of the accused.
6.7 Protection from contact with accused
A victim will be protected from unnecessary contact with the accused and defence witnesses during the course of court proceedings.
6.8 Protection of identity of victim
A victim’s residential address and telephone number will not be disclosed unless a court otherwise directs.
6.9 Attendance at preliminary hearings
A victim will be relieved from appearing at preliminary hearings or committal hearings unless the court otherwise directs.
6.10 Return of property of victim held by State
If any property of a victim is held by the State for the purpose of investigation or evidence, the inconvenience to the victim will be minimised and the property returned promptly.
6.11 Protection from accused
A victim’s need or perceived need for protection will be put before a bail authority by the prosecutor in any bail application by the accused.
6.12 Information about special bail conditions
A victim will be informed about any special bail conditions imposed on the accused that are designed to protect the victim or the victim’s family.
6.13 Information about outcome of bail application
A victim will be informed of the outcome of a bail application if the accused has been charged with sexual assault or other serious personal violence.
6.14 Victim impact statement
A relevant victim will have access to information and assistance for the preparation of any victim impact statement authorised by law to ensure that the full effect of the crime on the victim is placed before the court.
6.15 Information about impending release, escape or eligibility for absence from custody
A victim will, on request, be kept informed of the offender’s impending release or escape from custody, or of any change in security classification that results in the offender being eligible for unescorted absence from custody.
6.16 Submissions on parole and eligibility for absence from custody of serious offenders
A victim will, on request, be provided with the opportunity to make submissions concerning the granting of parole to a serious offender or any change in security classification that would result in a serious offender being eligible for unescorted absence from custody.
6.17 Financial assistance for victims of personal violence
A victim of a crime involving sexual or other serious personal violence is entitled to make a claim under the Victims Support Scheme.
6.18 Information about complaint procedure where Charter is breached
A victim may make a complaint about a breach of the Charter and will, on request, be provided with information on the procedure for making such a complaint.
Victims Rights and Support Act 2013 (NSW)
5 Meaning of “victim of crime”
(1) For this Act, a victim of crime is a person who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of—
(a) a criminal offence, including a criminal offence involving a motor vehicle, or
(b) conduct of a kind referred to in the Modern Slavery Act 2018, section 5(1), definition of modern slavery, paragraph (b).
(2) A person suffers harm if, as a result of such an act—
(a) the person suffers actual physical bodily harm or psychological or psychiatric harm, or
(b) the person’s property is deliberately taken, destroyed or damaged.
(3) If the person dies as a result of the act concerned, a member of the person’s immediate family is also a victim of crime for the purposes of this Part.
(4) If a person dies as a result of the act concerned and there is more than one member of the person’s immediate family, members of the immediate family may nominate a representative for the purposes of the Charter of Victims Rights.
Victims Rights and Support Act 2013 (NSW)
s 19 Meaning of “act of violence”
(1) In this Act, act of violence means an act or series of related acts, whether committed by one or more persons—
(a) that has apparently occurred in the course of the commission of an offence, and
(b) that has involved violent conduct against one or more persons, and
(c) that has resulted in injury or death to one or more of those persons
Victims Rights and Support Act 2013 (NSW)
20 Meaning of “primary victim”
(1) A primary victim of an act of violence or act of modern slavery is a person who is injured, or dies, as a direct result of that act.
(2) A primary victim of an act of violence or act of modern slavery extends to a person who is injured, or dies, as a direct result of—
(a) trying to prevent another person from committing that act, or
(b) trying to help or rescue another person against whom that act is being committed or has just been committed, or
(c) trying to arrest another person who is committing, or who has just committed, that act.
Victims Rights and Support Act 2013 (NSW)
21 Meaning of “secondary victim”
(1) A secondary victim of an act of violence is a person who is injured as a direct result of witnessing the act of violence that resulted in the injury to, or death of, the primary victim of that act.
(2) A secondary victim of an act of violence extends to a person who is injured as a direct result of subsequently becoming aware of the act of violence that resulted in the injury to, or death of, the primary victim of that act, but only if—
(a) the person is the parent or guardian of the primary victim of that act, and
(b) the primary victim was under the age of 18 years at the time of that act, and
(c) the person did not commit that act.
The person is taken, for the purposes of this Act, to have witnessed the act of violence.
Coroners Act 2009 (NSW)
6 Meaning of “reportable death”(cf Coroners Act 1980, ss 12B(1)(a)–(g) and 13(1)(a)–(c), (e)–(h) and (2))
(1) For the purposes of this Act, a person’s death is a reportable death if the death occurs in any of the following circumstances—
(a) the person died a violent or unnatural death,
(b) the person died a sudden death the cause of which is unknown,
(c) the person died under suspicious or unusual circumstances,
(d) (Repealed)
(e) the person died in circumstances where the person’s death was not the reasonably expected outcome of a health-related procedure carried out in relation to the person,
(f) the person died while in or temporarily absent from a declared mental health facility within the meaning of the Mental Health Act 2007 and while the person was a patient at the facility for the purpose of receiving care, treatment or assistance under the Mental Health Act 2007 or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
Police Act 1990 No 47
213 Protection from personal liability
A member of the NSW Police Force is not liable for any injury or damage caused by any act or omission of the member in the exercise by the member in good faith of a function conferred or imposed by or under this or any other Act or law (whether written or unwritten).
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Civil Liability Act 2002 No 22
5B General principles
(1) A person is not negligent in failing to take precautions against a risk of harm unless—
(a) the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known), and
(b) the risk was not insignificant, and
(c) in the circumstances, a reasonable person in the person’s position would have taken those precautions.
(2) In determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things)—
(a) the probability that the harm would occur if care were not taken,
(b) the likely seriousness of the harm,
(c) the burden of taking precautions to avoid the risk of harm,
(d) the social utility of the activity that creates the risk of harm.
Civil Liability Act 2002 No 22
5 Definitions
In this Part—
harm means harm of any kind, including the following—
(a) personal injury or death,
(b) damage to property,
(c) economic loss.
negligence means failure to exercise reasonable care and skill.
personal injury includes—
(a) pre-natal injury, and
(b) impairment of a person’s physical or mental condition, and
(c) disease.
Young Offenders Act 1997 No 54
7 Principles of scheme
The principles that are to guide the operation of this Act, and persons exercising functions under this Act, are as follows—
(a) The principle that the least restrictive form of sanction is to be applied against a child who is alleged to have committed an offence, having regard to matters required to be considered under this Act.
(b) The principle that children who are alleged to have committed an offence are entitled to be informed about their right to obtain legal advice and to have an opportunity to obtain that advice.
(c) The principle that criminal proceedings are not to be instituted against a child if there is an alternative and appropriate means of dealing with the matter.
(d) The principle that criminal proceedings are not to be instituted against a child solely in order to provide any assistance or services needed to advance the welfare of the child or his or her family or family group.
(e) The principle that, if it is appropriate in the circumstances, children who are alleged to have committed an offence should be dealt with in their communities in order to assist their reintegration and to sustain family and community ties.
(f) The principle that parents are to be recognised and included in justice processes involving children and that parents are to be recognised as being primarily responsible for the development of children.
(g) The principle that victims are entitled to receive information about their potential involvement in, and the progress of, action taken under this Act.
(h) The principle that the over representation of Aboriginal and Torres Strait Islander children in the criminal justice system should be addressed by the use of youth justice conferences, cautions and warnings.
Work Health and Safety Act 2011 No 10
3 Object
(1) The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by—
(a) protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant, and
(b) providing for fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and safety, and
(c) encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment, and
(d) promoting the provision of advice, information, education and training in relation to work health and safety, and
(e) securing compliance with this Act through effective and appropriate compliance and enforcement measures, and
(f) ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act, and
(g) providing a framework for continuous improvement and progressively higher standards of work health and safety, and
(h) maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.
(2) In furthering subsection (1) (a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work or from specified types of substances or plant as is reasonably practicable.
Work Health and Safety Act 2011 No 10
28 Duties of workers
While at work, a worker must—
(a) take reasonable care for his or her own health and safety, and
(b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, and
(c) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act, and
(d) co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.
Crimes Act 1900 No 40
195 Destroying or damaging property
(1) A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
(a) to imprisonment for 5 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.
(1A) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
(a) to imprisonment for 6 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.
(2) A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
(a) to imprisonment for 7 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.
Evidence Act 1995 No 25
56 Relevant evidence to be admissible
(1) Except as otherwise provided by this Act, evidence that is relevant in a proceeding is admissible in the proceeding.
(2) Evidence that is not relevant in the proceeding is not admissible.
Evidence Act 1995 No 25
60 Exception: evidence relevant for a non-hearsay purpose
(1) Evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed that the person intended to assert by the representation.
(2) Such a fact is in this Part referred to as an asserted fact.
(2A) For the purposes of determining under subsection (1) whether it can reasonably be supposed that the person intended to assert a particular fact by the representation, the court may have regard to the circumstances in which the representation was made.
Note—
Subsection (2A) was inserted as a response to the decision of the Supreme Court of NSW in R v Hannes(2000) 158 FLR 359.
(3) Subsection (1) does not apply to evidence of a representation contained in a certificate or other document given or made under regulations made under an Act other than this Act to the extent to which the regulations provide that the certificate or other document has evidentiary effect.
Evidence Act 1995 No 25
65 Exception: criminal proceedings if maker not available
(1) This section applies in a criminal proceeding if a person who made a previous representation is not available to give evidence about an asserted fact.
(2) The hearsay rule does not apply to evidence of a previous representation that is given by a person who saw, heard or otherwise perceived the representation being made, if the representation—
(a) was made under a duty to make that representation or to make representations of that kind, or
(b) was made when or shortly after the asserted fact occurred and in circumstances that make it unlikely that the representation is a fabrication, or
(c) was made in circumstances that make it highly probable that the representation is reliable, or
(d) was—
(i) against the interests of the person who made it at the time it was made, and
(ii) made in circumstances that make it likely that the representation is reliable.
Note—
Section 67 imposes notice requirements relating to this subsection.
(3) The hearsay rule does not apply to evidence of a previous representation made in the course of giving evidence in an Australian or overseas proceeding if, in that proceeding, the defendant in the proceeding to which this section is being applied—
(a) cross-examined the person who made the representation about it, or
(b) had a reasonable opportunity to cross-examine the person who made the representation about it.
Note—
Section 67 imposes notice requirements relating to this subsection.
(4) If there is more than one defendant in the criminal proceeding, evidence of a previous representation that—
(a) is given in an Australian or overseas proceeding, and
(b) is admitted into evidence in the criminal proceeding because of subsection (3),
cannot be used against a defendant who did not cross-examine, and did not have a reasonable opportunity to cross-examine, the person about the representation.
(5) For the purposes of subsections (3) and (4), a defendant is taken to have had a reasonable opportunity to cross-examine a person if the defendant was not present at a time when the cross-examination of a person might have been conducted but—
(a) could reasonably have been present at that time, and
(b) if present could have cross-examined the person.
(6) Evidence of the making of a representation to which subsection (3) applies may be adduced by producing a transcript, or a recording, of the representation that is authenticated by—
(a) the person to whom, or the court or other body to which, the representation was made, or
(b) if applicable, the registrar or other proper officer of the court or other body to which the representation was made, or
(c) the person or body responsible for producing the transcript or recording.
(7) Without limiting subsection (2) (d), a representation is taken for the purposes of that subsection to be against the interests of the person who made it if it tends—
(a) to damage the person’s reputation, or
(b) to show that the person has committed an offence for which the person has not been convicted, or
(c) to show that the person is liable in an action for damages.
(8) The hearsay rule does not apply to—
(a) evidence of a previous representation adduced by a defendant if the evidence is given by a person who saw, heard or otherwise perceived the representation being made, or
(b) a document tendered as evidence by a defendant so far as it contains a previous representation, or another representation to which it is reasonably necessary to refer in order to understand the representation.
Note—
Section 67 imposes notice requirements relating to this subsection.
(9) If evidence of a previous representation about a matter has been adduced by a defendant and has been admitted, the hearsay rule does not apply to evidence of another representation about the matter that—
(a) is adduced by another party, and
(b) is given by a person who saw, heard or otherwise perceived the other representation being made.
Note—
Clause 4 of Part 2 of the Dictionary is about the availability of persons.
Evidence Act 1995 No 25
66 Exception: criminal proceedings if maker available
(1) This section applies in a criminal proceeding if a person who made a previous representation is available to give evidence about an asserted fact
(2) If that person has been or is to be called to give evidence, the hearsay rule does not apply to evidence of the representation that is given by—
(a) that person, or
(b) a person who saw, heard or otherwise perceived the representation being made,
if, when the representation was made, the occurrence of the asserted fact was fresh in the memory of the person who made the representation.
(2A) In determining whether the occurrence of the asserted fact was fresh in the memory of a person, the court may take into account all matters that it considers are relevant to the question, including—
(a) the nature of the event concerned, and
(b) the age and health of the person, and
(c) the period of time between the occurrence of the asserted fact and the making of the representation.
Note—
Subsection (2A) was inserted as a response to the decision of the High Court of Australia in Graham v The Queen(1998) 195 CLR 606.
(3) If a representation was made for the purpose of indicating the evidence that the person who made it would be able to give in an Australian or overseas proceeding, subsection (2) does not apply to evidence adduced by the prosecutor of the representation unless the representation concerns the identity of a person, place or thing.
(4) A document containing a representation to which subsection (2) applies must not be tendered before the conclusion of the examination in chief of the person who made the representation, unless the court gives leave.
Note—
Clause 4 of Part 2 of the Dictionary is about the availability of persons.
