Laws and Acts
Our city is governed by a number of laws and regulations. The onus is on residents of our city to know and abide by these laws.
Justice Procedures and Regulations 2021 (NSW)
The Justice Procedures and Regulations (“JPRs”) contain all of the regulations, rules and processes regarding the management of court proceedings from initiating proceedings to sentencing.
Government and Commercial Services Act 2022 (NSW)
The Government and Commercial Services Act (“GSCA”) contains laws about dealing with civil matters such as taxation, debt recovery, bankruptcy and fair employment arrangements.
Hunting and Fisheries Act 2023 (NSW)
The Hunting and Fisheries Act (“HAFA”) contains laws about dealing with carrying out hunting and fishing in a lawful manner and also outlines the powers of investigating officials.
Law Enforcement Act 2021 (NSW)
All information about the exercising of regular law enforcement powers (including police, corrective services and other agencies) is contained within the Law Enforcement Act (“LEA”). Some agencies may have their own “protocol” but ultimately this Act is the be-all and end-all when it comes to what is lawful. The Law Enforcement Act also sets out the circumstances in which Asset Seizure Orders may be issued. Additionally, it also outlines when a person can be issued with a Serious Crime Prevention Order (in some jurisdictions, known as a ‘Firearms Prohibition Order’ or FPO).
Criminal Offences Act 2021 (NSW)
The Criminal Offences Act (“COA”) is the main list of crimes including such offences like assault, theft of vehicles and drug possession. There are a lot of offences and they each have their own ‘proofs’ which have to be met in order for a person to be found guilty. Lawyers and police should be very well-versed in the ins and outs of this Act. Offences with [IMP] next to their title can result in an offending vehicle being impounded. Offences with [S] next to their title can result in a vehicle strike which can prevent owners from accessing their vehicle. Offences with [COURT] next to their title means that when an offender is charged with that offence, the police will notify the Department of Justice who will then determine if a further penalty should apply to the offender.
The Road Rules contain most traffic related infringements and offences and their corresponding penalties. Offences with [IMP] next to their title can result in an offending vehicle being impounded. Offences with [S] next to their title can result in a vehicle strike which can prevent owners from accessing their vehicle.
Serious Organised Crime Control Act 2022 (NSW)
The Serious Organised Crime Control Act (“SOCCA”) sets out the powers that are available to law enforcement agencies when dealing with extreme cases of violent hostile actions by an organised criminal organisation. Police can apply to the Department of Justice to have a Serious Organised Crime Control Order (“SOCCO”) placed on an organisation in an attempt to penalise and suppress any further criminal activity.
General legal advice
You:
- MAY make attempts to negotiate with the other involved party before requesting a court hearing; however if you don’t make efforts to negotiate with the other side, your ability to be compensated may be limited by the court.
- MAY ask for a legal representative while in police custody and this does not have to be an accredited lawyer but they must not have any convictions. An accredited lawyer is the ONLY person who can represent you during a court hearing unless you choose to self-represent.
Magistrates:
- MUST provide general assistance to self-represented individuals during court hearings;
- MAY order a trial by jury if the matter involves a civil damages claim or serious criminal charges;
- MAY refuse to consider a matter for a court hearing for various reasons including it being of a trivial or vexatious nature or if it does not have sufficient legal grounds;
- MAY order a special inquest into certain noteworthy matters or incidents of public interest.
Police:
- MUST only use a reasonable level of force when you are subject to one of their police powers (such as arrest/detainment/searching/during vehicle stops, etc)
- MUST supply their rank and callsign if you are subject to one of their police powers (such as arrest/detainment/searching/during vehicle stops, etc) - they only have to supply this information to you once;
- MUST immediately inform you of the general reason for your arrest and detainment if it is safe to do so;
- MUST take all reasonable steps to ensure your safety while in their custody;
- MUST make efforts to try and contact a lawyer on your behalf via the City-wide Twitter feed if you request one. Lawyers have 5 minutes to arrive at the police station where you are in custody.
Lawyers:
- MUST produce their lawyer licence when requested to do so by police;
- MUST not have any convictions (excluding minor traffic infringements).
Evidence in general:
- MUST be relevant to the matter at hand;
- MUST be obtained fairly, lawfully and must be reliable in its nature.
- Evidence obtained by out-of-character means is inadmissible unless there is a suitable in-character explanation for its existence and how it would come in to possession by another party. For instance:
- Footage that claims to be CCTV footage must have a CCTV camera in the line of sight of where the footage was recorded;
- Footage/photographs that claims to be phone/body worn video footage must have a phone/body worn video camera item on the person who recorded the footage;
- Footage that claims to be a body worn video recording MUST display a body worn video watermark in the top left of the screen of the person recording the footage.
- All recording devices will be assumed to be capable of recording video from a reasonable distance away and audio for a close proximity only.
- Evidence obtained by out-of-character means is inadmissible unless there is a suitable in-character explanation for its existence and how it would come in to possession by another party. For instance:
- MUST be served electronically on the defence and the court by e-mail at least 5 days prior to a hearing date.
- New evidence may not be introduced during a hearing by the prosecution.