Alternative Law Journal

DUAO - 2011 - Vol 36(4)

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Developments around the country

DownUnderAllOver is a round-up of legal news from both State and federal jurisdictions, and contains topical articles and short pieces from Alternative Law Journal committees around the country.

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Review of NSW youth justice legislation

Greg Martin

New South Wales

The NSW government has released information about its review of the Young Offenders Act 1997 (NSW) and the Children (Criminal Proceedings) Act 1987 (NSW), which aims to ensure these pieces of youth justice legislation continue to reflect best practice and meet the needs of young people and the community, including victims. A consultation paper for the review can be downloaded from: http://www.lawlink.nsw.gov.au/clrd.

Cite as

(2011) 36(4) AltLJ 283

Category: DUAO - 2011 - Vol 36(4)

NSW Graffiti Legislation Amendment Bill 2011 stalled

Rebecca Scott Bray

New South Wales

The Graffiti Legislation Amendment Bill 2011 was introduced in the NSW parliament in June 2011. It seeks to amend the Children (Community Service Orders) Act 1987 (NSW) and the Crimes (Sentencing Procedure) Act 1999 (NSW) which would have the effect of requiring a court to impose a graffiti removal condition as part of a community service order on offenders found guilty of graffiti offences (unless not reasonably practicable). It also seeks to amend the Graffiti Control Act 2008 (NSW) to enable a court to make certain orders with respect to the driver licence of a person who has committed graffiti offences, including possession of a graffiti implement. Such orders include extending the minimum period that person must hold a learner or provisional licence for up to six months, suspending a person’s driver licence for up to six months, or imposing a graffiti licence order which would limit the number of demerit points that can be accrued by a person subject to an order.

Cite as

(2011) 36(4) AltLJ 283

Category: DUAO - 2011 - Vol 36(4)

Home Building legislation reforms

Rebecca Scott Bray

New South Wales

On 19 October 2011 the NSW Parliament passed the Home Building Amendment Bill 2011 which included a suite of reforms to the Home Building Act 1989 (NSW), namely changes to home warranty insurance, statutory warranty and contract requirements. Changes from 25 October 2011 include a requirement to notify home warranty insurers about making a claim in writing (for a certificate of home warranty insurance dated after 30 June 2002); changes to time limits on home warranty insurance claims; and from 1 February 2012, changes to statutory warranty periods to 6 years for structural defects and 2 years for non-structural defects (with the possibility of a 6-month extension), and a new ‘small jobs’ contracts category for jobs worth between $1001 and $5000, among other amendments. For further information on the reforms see  http://www.fairtrading.nsw.gov.au.

Cite as

(2011) 36(4) AltLJ 283

Category: DUAO - 2011 - Vol 36(4)

Prising open the gates? Land access in 2011  and beyond

Jonathan Fulcher and Emily McCartney

Queensland

Until 1910, Queensland landholders held the rights to minerals, except gold and silver, which the common law recognised as part of the Crown’s prerogative. From 1910, all private land and most leasehold were granted with reservations of all minerals in favour of the Crown. Landholders were then reduced to being paid compensation for impact on the land by mining, and were not entitled to royalties.

Cite as

(2011) 36(4) AltLJ 284

Category: DUAO - 2011 - Vol 36(4)

Discreditable Conduct

David Caruso and Kellie Toole

South Australia

The Evidence (Discreditable Conduct) Amendment Act 2011 (SA) was assented to on 22 September 2011 and is awaiting proclamation. When in force, it will amend the Evidence Act 1929 (SA) and the Criminal Law Consolidation Act 1935 (SA) in relation to admission of evidence of previous discreditable conduct (generally prior convictions and uncharged acts) against criminal defendants.

Cite as

(2011) 36(4) AltLJ 284

Category: DUAO - 2011 - Vol 36(4)