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Civil Liability Act 2002 - Sect 5B General principles

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Category: Legislation and Acts

Created: Friday, 19 March 2010 17:40

Written by Alecomm

(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 - Sect 5C Other principles

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Category: Legislation and Acts

Created: Friday, 19 March 2010 17:42

Written by Alecomm

In proceedings relating to liability for negligence:

(a) the burden of taking precautions to avoid a risk of harm includes the burden of taking precautions to avoid similar risks of harm for which the person may be responsible, and

(b) the fact that a risk of harm could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done, and

(c) the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of harm does not of itself give rise to or affect liability in respect of the risk and does not of itself constitute an admission of liability in connection with the risk.

Community Services (Complaints, Reviews & Monitoring) Act 1993 - Sect 27 Additional grounds for investigating complaint

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Category: Legislation and Acts

Created: Saturday, 20 March 2010 10:56

Written by Alecomm

In addition to any ground on which the Ombudsman may investigate a community services complaint under the Ombudsman Act 1974 , the Ombudsman may investigate any such complaint if it appears to the Ombudsman that:

(a) the complaint raises a significant issue of public safety or public interest, or
(b) the complaint raises a significant question as to the appropriate care or treatment of a person by a service provider.

Source : http://portsea.austlii.edu.au/cgi-pit/renderFrag.py?frag=/home/www/pit/xml/nsw/act/438ebfe8b73d284c.xml&date=20091130

Child and Young Persons (Care and Protection) Act 1998 - Sect 248 Provision and Exchange of Information

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Category: Legislation and Acts

Created: Tuesday, 06 April 2010 16:11

Written by Alecomm

(1AA) The functions referred to in subsection (1) may be exercised by the Director-General for any one or more of the following purposes:

(a) for the purposes of providing information to, or exchanging information with, a prescribed body,

(b) for the purpose of exercising the functions of the Director-General.

(1) The Director-General may do either or both of the following:

(a) the Director-General may, in accordance with the requirements (if any) prescribed by the regulations, furnish a prescribed body with information relating to the safety, welfare and well-being of a particular child or young person or class of children or young persons,

(b) the Director-General may, in accordance with the requirements (if any) prescribed by the regulations, direct a prescribed body to furnish the Director-General with information relating to the safety, welfare and well-being of a particular child or young person or class of children or young persons.

(1A) Information about the following may be furnished under this section in the same way as information about a child or young person or class of children or young persons may be furnished:

(a) an unborn child who is the subject of a pre-natal report under section 25,

(b) the family of an unborn child the subject of such a report,

(c) the expected date of birth of an unborn child the subject of such a report.

(2) It is the duty of a prescribed body to whom a direction is given under subsection (1) (b) to comply promptly with the requirements of the direction.

(3) If information is furnished under subsection (1) or (1A):

(a) the furnishing of the information is not, in any proceedings before a court, tribunal or committee, to be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and

(b) no liability for defamation is incurred because of the furnishing of the information, and

(c) the furnishing of the information does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy.

(4) A reference in subsection (3) to information furnished under subsection (1) or (1A) extends to any information so furnished in good faith and with reasonable care.

(5) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the furnishing of information (or affect a duty to furnish information) under this section. Nothing in this subsection affects any obligation or power to provide information apart from this subsection.

(6) In this section:
"prescribed body" means:

(a) the NSW Police Force, a Division of the Government Service or a public authority, or

(b) a government school or a registered non-government school within the meaning of the Education Act 1990 , or

(c) a TAFE establishment within the meaning of the Technical and Further Education Commission Act 1990 , or

(d) a public health organisation within the meaning of the Health Services Act 1997 , or

(e) a private health facility within the meaning of the Private Health Facilities Act 2007 , or

(f) any other body or class of bodies (including an unincorporated body or bodies) prescribed by the regulations for the purposes of this section,

and a reference in this section to any such prescribed body includes a reference to any part (however described) of the prescribed body.

Crimes Act 1914 - Sect 15GE Meaning of serious Commonwealth offence and serious State offence that has a federal aspect

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Category: Legislation and Acts

Created: Monday, 26 April 2010 11:31

Written by Alecomm

Meaning of serious Commonwealth offence

             (1)  For the purposes of this Part, serious Commonwealth offence means a Commonwealth offence that:

                     (a)  involves a matter mentioned in subsection (2); and
                     (b)  is punishable on conviction by imprisonment for a period of 3 years or more.

             (2)  The matters are as follows:

                     (a)  theft;
                     (b)  fraud;
                     (c)  tax evasion;
                     (d)  currency violations;
                     (e)  controlled substances;
                      (f)  illegal gambling;
                     (g)  obtaining financial benefit by vice engaged in by others;
                     (h)  extortion;
                      (i)  money laundering;
                      (j)  perverting the course of justice;
                     (k)  bribery or corruption of, or by, an officer of the Commonwealth, of a State or of a Territory;

Australian Human Rights Commission Act 1986 - Sect 46PO - Application to court if complaint is terminated

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Category: Legislation and Acts

Created: Wednesday, 19 May 2010 21:54

Written by Alecomm

             (1)  If:(a)  a complaint has been terminated by the President under section 46PE or 46PH; and

                     (b)  the President has given a notice to any person under subsection 46PH(2) in relation to the termination;

any person who was an affected person in relation to the complaint may make an application to the Federal Court or the Federal Magistrates Court, alleging unlawful discrimination by one or more of the respondents to the terminated complaint.

Note:          Part IVA of the Federal Court of Australia Act 1976 allows representative proceedings to be commenced in the Federal Court in certain circumstances.

             (2)  The application must be made within 60 days after the date of issue of the notice under subsection 46PH(2), or within such further time as the court concerned allows.

             (3)  The unlawful discrimination alleged in the application:

                     (a)  must be the same as (or the same in substance as) the unlawful discrimination that was the subject of the terminated complaint; or

                     (b)  must arise out of the same (or substantially the same) acts, omissions or practices that were the subject of the terminated complaint.

             (4)  If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect:

                     (a)  an order declaring that the respondent has committed unlawful discrimination and directing the respondent not to repeat or continue such unlawful discrimination;

                     (b)  an order requiring a respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by an applicant;

                     (c)  an order requiring a respondent to employ or re?employ an applicant;

                     (d)  an order requiring a respondent to pay to an applicant damages by way of compensation for any loss or damage suffered because of the conduct of the respondent;

                     (e)  an order requiring a respondent to vary the termination of a contract or agreement to redress any loss or damage suffered by an applicant;

                      (f)  an order declaring that it would be inappropriate for any further action to be taken in the matter.

             (5)  In the case of a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 , subsection (4) of this section applies as if a reference to an applicant included a reference to each person who is a group member (within the meaning of Part IVA of the Federal Court of Australia Act 1976 ).

             (6)  The court concerned may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.

             (7)  The court concerned may discharge or vary any order made under this section (including an injunction granted under subsection (6)).

             (8)  The court concerned cannot, as a condition of granting an interim injunction, require a person to give an undertaking as to damages.

Source : http://www.austlii.edu.au/au/legis/cth/consol_act/ahrca1986373/s46po.html

Federal Court of Australia Act 1991 No. 181 of 1991 - Sect 3

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Category: Legislation and Acts

Created: Thursday, 20 May 2010 01:50

Written by Alecomm

3. After Part IV of the Principal Act the following Part is inserted:
               "PART IVA - REPRESENTATIVE PROCEEDINGS


"Division 1 - Preliminary Interpretation

"33A. In this Part, unless the contrary intention appears: `group member'
means a member of a group of persons on whose behalf a representative
proceeding has been commenced; `representative party' means a person who
commences a representative proceeding; `representative proceeding' means a
proceeding commenced under section 33C; `respondent' means a person against
whom relief is sought in a representative proceeding; `sub-group member' means
a person included in a sub-group established under section 33Q; `sub-group
representative party' means a person appointed to be a sub-group
representative party under section 33Q. Application

NSW Crimes Act 1900

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Category: Legislation and Acts

Created: Thursday, 20 May 2010 02:14

Written by Alecomm

 PART 7 - PUBLIC JUSTICE OFFENCES

           Division 1 - Definitions

   311.    Definitions
   312.    Meaning of “pervert the course of justice”
   313.    Knowledge that offence is a serious indictable offence is unnecessary

           Division 2 - Interference with the administration of justice

   314.    False accusations etc
   315.    Hindering investigation etc
   315A.   Threatening or intimidating victims or witnesses
   316.    Concealing serious indictable offence
   317.    Tampering etc with evidence
   318.    Making or using false official instrument to pervert the course of justice
   319.    General offence of perverting the course of justice

           Division 3 - Interference with judicial officers, witnesses, jurors etc

   320.    Extended meaning of “giving evidence”
   321.    Corruption of witnesses and jurors
   322.    Threatening or intimidating judges, witnesses, jurors etc
   323.    Influencing witnesses and jurors
   324.    Increased penalty if serious indictable offence involved
   325.    Preventing, obstructing or dissuading witness or juror from attending etc
   326.    Reprisals against judges, witnesses, jurors etc

           Division 4 - Perjury, false statements etc

   327.    Offence of perjury
   328.    Perjury with intent to procure conviction or acquittal
   329.    Conviction for false swearing on indictment for perjury
   330.    False statement on oath not amounting to perjury
   331.    Contradictory statements on oath
   332.    Certain technical defects provided for
   333.    Subornation of perjury
   334.    General provisions applicable to perjury and false statement offences
   335.    False statements in evidence on commission
   336.    False entry on public register
   337.    False instruments issued by public officers
   338.    Restrictions on prosecutions for perjury
   339.    Application of Division to perjury under other Acts

           Division 5 - Miscellaneous

   340.    Extent of abolition of offences
   341.    Certain common law offences abolished
   342.    Certain conspiracy offences not affected
   343.    Certain common law offences not abolished
   343A.   Saving of other punishments

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/index.html#s4

ICAC Act 1988 No 35 - Offences

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Category: Legislation and Acts

Created: Tuesday, 06 July 2010 05:34

Written by Alecomm

56 False or misleading evidence
57 Offences relating to documents or other things
58 Fraud on witness
59 Preventing witness from attending
60 Injury to witness or person assisting Commission
61 Dismissal of witness, or person assisting Commission, by employer
62 Procuring false testimony by witness
63 Bribery of witness
64 Impersonation of officer of Commission
65 Obstruction of Commission
66 Publication of information identifying subject of investigation
67 Disclosures prejudicing investigations
68 Publication of evidence, etc

Source : http://www.legislation.sa.gov.au/LZ/B/CURRENT/INDEPENDENT%20COMMISSION%20AGAINST%20CORRUPTION%20BILL%202010_ISOBEL%20REDMOND%20MP/B_AS%20INTRODUCED%20IN%20HA/INDEPENDENT%20AGAINST%20CORRUPTION%20BILL%202010.UN.PDF

Children and Young Persons (Care and Protection) Act 1998 - Section 162 Rights of Children and Young Persons in Out-Of-Home Care

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Category: Legislation and Acts

Created: Wednesday, 07 July 2010 07:11

Written by Alecomm

(1) Within 12 months after the commencement of this Chapter, the Minister must prepare a Charter of Rights for all children and young persons in out-of-home care.

(2) The Minister must promote compliance with the Charter of Rights by all designated agencies and authorised carers.

(3) Each designated agency and authorised carer has an obligation to uphold the rights conferred by the Charter of Rights.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/caypapa1998442/s162.html

ICAC Act 1988 No 35 - 93 Injury to witness or person assisting Commission

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Category: Legislation and Acts

Created: Wednesday, 28 July 2010 05:13

Written by Alecomm

(1)  A person who uses, causes, inflicts or procures, or threatens to use, cause, inflict or procure, any violence, punishment, damage, loss or disadvantage to any person for or on account of:

(a)  his or her assisting the Commission, or

(b)  any evidence given by him or her before the Commission

is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both

Mental Health Act 2007 - Sect 97 - Electro Convulsive Therapy Register

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Category: Legislation and Acts

Created: Friday, 20 August 2010 16:11

Written by Alecomm

(1) A register containing information relating to the administration of electro convulsive therapy is to be kept in relation to each mental health facility or other place at which the treatment is administered.

(2) The medical superintendent of the facility or the person approved by the Director-General for any other place is to keep the register or cause it to be kept.

(3) The register is to be in the form prescribed by the regulations.

(4) Particulars of a proposed administration of electro convulsive therapy are to be entered in the register before the therapy is administered, and any differences in the particulars of treatment actually administered are to be subsequently noted and explained in the register.

(5) The register may be inspected at any time by the Tribunal, the Principal official visitor, an official visitor or the Director-General.