Annual Review
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1 An overview of the Local CourtJurisdiction and divisionsThe Local Court has a broad criminal and civil jurisdiction. The Court deals with the vast majority of criminal and summary prosecutions and civil matters with a monetary value of up to $60,000. The Small Claims Division deals with claims up to the amount of $10,000, whilst the General Division deals with claims between $10,000 and $60,000. The Court also conducts committal proceedings to determine whether or not indictable offences are to be committed to the District and Supreme Courts. There are currently 136 Magistrates who preside at 156 locations throughout New South Wales.
The Children’s Court deals with criminal cases concerning children and young people, and also matters related to the care and protection of children and young people. The Children’s Court has the power to remove a child from the care of a parent and make emergency Care and Protection Orders, assessment orders and orders for the supervision of parents or carers. The children and young persons who may be the subject of such orders range from newborns to 18 years. The majority of cases concerning allegations of crime committed by children and young people aged between 10 and 18 years are finalised in the Children’s Court. The Court also has responsibility for supervising the grants and revocations of parole. It is a specialist Court with 12 Children’s Magistrates and five Children’s Registrars. All Magistrates have Children’s Court experience before taking responsibility for a country circuit. In November 2006, a new Children’s Court was opened at Parramatta, co-locating a wide range of support services in a modern purpose built complex, which is now the headquarters of the Children’s Court. Coroner’s Court All Magistrates, by virtue of their office, are Coroners. Coroners generally have jurisdiction to conduct an inquest if a person died a violent unnatural death, a sudden death cause unknown or died under suspicious or unusual circumstances. Other categories of reportable deaths include deaths within 24 hours of the administration of an anaesthetic, a death within a year and a day of any accident that may have attributed to the death and a death whilst in or temporarily absent from a mental health facility. Coroners also have jurisdiction to hold an inquiry into the cause and origin of fi res and explosions, where property has been damaged or destroyed. A death must be reported to the State Coroner or Deputy State Coroner where that person dies during the course of a police operation or whilst in custody and an inquest must be conducted into the circumstances of that death. The State Coroner or a Deputy State Coroner has sole jurisdiction in relation to deaths of children in care or at risk of harm and certain deaths of people with disabilities. Industrial jurisdiction The Chief Industrial Magistrate’s Court has both civil and criminal jurisdiction under a broad range of State and Commonwealth legislation. The Court deals with such matters as:
The Licensing Court The Licensing Court of New South Wales has state-wide jurisdiction under the Liquor Act 1982, the Registered Clubs Act 1976 and the Gaming Machines Act 2001 to deal specifically with applications for the grant of new licences, transfer of licences, breaches, complaints and disciplinary proceedings against licensees. Members of the Court are also Magistrates under the Local Courts Act 1982. The Licensing Court has 67 Registries outside the Sydney metropolitan area, each serviced by Local Court Magistrates who deal with a limited number of matters under delegation from the Chairperson. The Court also deals with applications for certificates of registration for registered clubs and is responsible for dealing with breaches and disciplinary proceedings arising under registered club laws. Mental health Magistrates have responsibilities under the Mental Health Act 1990 to review the need for continued detention of any person who has been involuntarily admitted to a hospital for psychiatric treatment and when appropriate, to approve the discharge of persons subject to a community treatment order. To carry out the role, Magistrates attend hospitals throughout the State. Mining jurisdiction All Local Court Magistrates are commissioned as Mining Wardens, under the Mining Act 1992. The authority of the Chief Mining Warden is found in section 293(2) of the Mining Act 1992. Due to the specialised nature of the work, the practice is for the Chief Mining Warden to deal with all matters before the Warden’s Court throughout New South Wales, including administrative functions. As mining disputes generally arise in rural and remote areas, most cases are heard in country courthouses for the convenience of all parties involved. The work in this jurisdiction derives from the Mining Act 1992, the Petroleum (Onshore) Act 1991 and their respective Regulations. As a result, the work is wide ranging, but falls into several distinct categories including:
Note: the above is a simplified diagram. Actual appeal rights are determined by the relevant legislation. * The Court of Criminal Appeal may hear appeals in matters relating to section 32A of the Occupational Health and Safety Act 2000. ** Some appeals are made to the District Court of New South Wales. There is no automatic right for a person to enter a Drug Court programme. A Local Court (or District Court) may refer offenders to the Drug Court who meet relevant eligibility criteria. # Some appeals from committal proceedings may be made to the Court of Criminal Appeal.
Note: the above is a simplified diagram. Actual appeal rights are determined by the relevant legislation. The MagistratesThe Judicial Officers of the Court are the Magistrates. The Governor of New South Wales appoints Magistrates pursuant to section 12 of the Local Courts Act 1982 on the advice of the Executive Council. The Local Courts Act also provides that the Governor may appoint a Chief Magistrate and Deputy Chief Magistrates. As at 31 December 2006 the Judicial Officers of the Court were as follows:
His Honour Chief Magistrate Graeme Leslie Henson (from 28 August 2006) His Honour Judge Derek Price (until 27 August 2006)
Her Honour Deputy Chief Magistrate Helen Syme His Honour Deputy Chief Magistrate Paul Stanislaus Cloran (from 3 October 2006) His Honour Deputy Chief Magistrate Graeme Leslie Henson (until 28 August 2006) Senior Children’s Magistrate His Honour Magistrate Scott Mitchell Chairperson Licensing Court of New South Wales His Honour Magistrate David Bruce Armati State Coroner of New South Wales His Honour Magistrate John Birley Abernethy Chief Industrial Magistrate His Honour Magistrate Gregory James Tulk Hart Chief Mining Warden His Honour Magistrate John Anthony Bailey Magistrates His Honour Magistrate Richard Peter Miszalski His Honour Magistrate Darryl John Pearce His Honour Magistrate John Ormonde Crawford His Honour Magistrate Christopher James Bone His Honour Magistrate Paul Alexander Lyon His Honour Magistrate David Patrick O’Connor His Honour Magistrate Peter Frederick Ashton His Honour Magistrate William Grenville Pierce His Honour Magistrate Laurence Lawson Her Honour Magistrate Dr Patricia O’Shane AM His Honour Magistrate Graham Johnson His Honour Magistrate Michael Francis Morahan His Honour Magistrate Ian Duncan McRae His Honour Magistrate Paul Anthony Sloane His Honour Magistrate Wayne Henry Evans His Honour Magistrate Colin Alan Elliot His Honour Magistrate Jeffrey Alan Linden His Honour Magistrate Bernard Joseph Kennedy His Honour Magistrate Paul Patrick Falzon His Honour Magistrate Allan Darroll Moore His Honour Magistrate Thomas Hugh Hodgson His Honour Magistrate Dragan Carl Milovanovich, Deputy State Coroner His Honour Magistrate Gary John Cocks His Honour Magistrate Ian Phillip Barnett His Honour Magistrate Ross Clugston Her Honour Magistrate Janet Christina Ruth Stevenson His Honour Magistrate Leslie John Brennan His Honour Magistrate Nicholas Gustav Ernest Reimer His Honour Magistrate Anthony Alfred Spence His Honour Magistrate Mark Robert Shepherd His Honour Magistrate Malcolm Ian MacPherson His Honour Magistrate Christopher Wayne McRobert Her Honour Magistrate Daphne Anne Kok His Honour Magistrate Paul Victor Johnson His Honour Magistrate Geoffrey Edward Bradd His Honour Magistrate Dennis Harvey Burdett His Honour Magistrate Andrew John Benson George His Honour Magistrate James Edward Garbett His Honour Magistrate Brian Anthony Lulham His Honour Magistrate Richard Wallace Wakely His Honour Magistrate Michael Anthony Dowd Her Honour Magistrate Carolyn Jane Barkell His Honour Magistrate Allan Wilson Railton Her Honour Magistrate Jillian Mary Orchiston His Honour Magistrate Dr Roger Alasdair Brown His Honour Magistrate Ross Kim Pogson Her Honour Magistrate Jennifer Ethel Betts His Honour Magistrate Stephen Vaughan Jackson His Honour Magistrate Douglas Raymond Dick Her Honour Magistrate Judith Mary Fleming His Honour Magistrate Shaughan McCosker Her Honour Magistrate Sharron Maree Crews His Honour Magistrate Hugh Christopher Bryant Dillon Her Honour Magistrate Julie Anne Huber His Honour Magistrate Michael Stoddart His Honour Magistrate Brian Vincent Maloney Her Honour Magistrate Jacqueline Mary Milledge, Senior Deputy State Coroner Her Honour Magistrate Lee Anne Gilmour His Honour Magistrate Phillip Alan Moon Her Honour Magistrate Janet Wahlquist Her Honour Magistrate Jennifer Anne Giles His Honour Magistrate Christopher Longley Her Honour Magistrate Gail Frances Madgwick His Honour Magistrate Anthony Kevin Murray His Honour Magistrate Garry James Still His Honour Magistrate William John Brydon Her Honour Magistrate Christine Mary Haskett Her Honour Magistrate Jayeann Carney His Honour Magistrate Robert Scott Rabbidge His Honour Magistrate John McIntosh Her Honour Magistrate Beverley Anne Schurr His Honour Magistrate David Michael Heilpern His Honour Magistrate Roger David Prowse His Honour Magistrate Sean Anthony Flood Her Honour Magistrate Suzanne Gaye Seagrave Her Honour Magistrate Eve Wynhausen His Honour Magistrate Ian James Guy Her Honour Magistrate Hilary Rae Hannam His Honour Magistrate Daniel Reiss Her Honour Magistrate Joanne Keogh Her Honour Magistrate Jane Ellen Mottley His Honour Magistrate Paul Raymond Mulroney His Honour Magistrate George Zdenkowski His Honour Magistrate Terence Timothy Lucas Her Honour Magistrate Elizabeth Corbett His Honour Magistrate Terence Murphy Her Honour Magistrate Elaine Truscott Her Honour Magistrate Paula Mary Russell Her Honour Magistrate Helen Gay Barry Her Honour Magistrate Georgia Knight Her Honour Magistrate Carmel Ann Forbes Her Honour Magistrate Lisa Veronica Stapleton His Honour Magistrate Robert Allen Walker Her Honour Magistrate Margaret Quinn His Honour Magistrate John Andrews His Honour Magistrate Howard Charles Hamilton His Honour Magistrate Anthony Joseph Marsden His Honour Magistrate James Coombs Her Honour Magistrate Fiona Toose His Honour Magistrate Graeme Curran Her Honour Magistrate Joan Margaret Baptie Her Honour Magistrate Elizabeth Anne Ellis Her Honour Magistrate Clare Farnan Her Honour Magistrate Nancy Louise Hennessy, Deputy President of the Administrative Decisions Tribunal Her Honour Magistrate Dorelle Pinch, Deputy State Coroner His Honour Magistrate Paul Anthony MacMahon His Honour Magistrate Jeffrey Raymond Hogg His Honour Magistrate Ronald John Maiden Her Honour Magistrate Jane Ariane Culver His Honour Magistrate Michael North Holmes His Honour Magistrate Gordon Bruce Lerve Her Honour Magistrate Vivian Margaret Swain His Honour Magistrate Graham Thomas Blewitt AM His Honour Magistrate Timothy Bernard Keady His Honour Magistrate Peter Sampson Dare SC Her Honour Magistrate Annette Christine Sinclair Her Honour Magistrate Robyn Eva Denes Her Honour Magistrate Sharon Claire Freund Her Honour Magistrate Geraldine Beattie Her Honour Magistrate Jacqueline Maree Trad His Honour Magistrate Glenn James Bartley His Honour Magistrate Antony Edward Townsden His Honour Magistrate Leslie William Mabbutt His Honour Magistrate John Daniel Favretto Her Honour Magistrate Mary Stella Jerram Her Honour Magistrate Gabriel Catherine Fleming Her Honour Magistrate Alison Mary Viney Judicial appointments during 2006 Ms Robyn Eva Denes Ms Robyn Eva Denes was sworn in as a Magistrate of the Local Court on 25 January 2006. Ms Denes began her career at the Office of the Director of Public Prosecutions in June 1990 having graduated with a BA/LLB from the University of New South Wales. Ms Denes also teaches advocacy as part of the University of Technology, Sydney’s Practical Legal Training programme. Ms Sharon Claire Freund Ms Sharon Claire Freund was sworn in as a Magistrate of the Local Court on 25 January 2006. Ms Freund was admitted as a solicitor in 1991 having graduated with a Bachelor of Laws & Bachelor of Science degree from the University of New South Wales. In 1997 she obtained a Masters of Law degree. Ms Freund was a Partner/Consultant with Diamond Peisah & Co solicitors from 1997. She has been an Arbitrator of the District Court and Local Court and Alternate Chairperson of the Appeals Board Soccer New South Wales. Ms Geraldine Beattie Ms Geraldine Beattie was sworn in as a Magistrate of the Local Court on 25 January 2006. Ms Beattie was admitted as a solicitor in December 1994. She holds a Bachelor of Arts, Diploma of Education and Bachelor of Laws (First Class Honours) from the University of Sydney. Prior to completing her law degree Ms Beattie was a secondary school teacher. Following completion of her law degree, Ms Beattie worked as a solicitor in private practice mainly in the area of construction law. She joined the Office of the Director of Public Prosecutions in 1996. Ms Jacqueline Maree Trad Ms Jacqueline Maree Trad was sworn in as a Magistrate of the Local Court on 25 January 2006. Ms Trad joined the Public Service in March 1985 and held a number of positions with the Department of Community Services, the Department of Housing and the Office of the New South Wales Ombudsman. In 1992 Ms Trad commenced with the Office of the Chief Magistrate as a Policy Officer Legislative Services and commenced part time studies through the Legal Practitioners Admissions Board and was awarded a Diploma in Law in June 1997. In 1999 and up until being appointed as a Magistrate, Ms Trad took up a position with the Hon Bob Debus MP as policy adviser, first in the portfolio of Corrective Services and then, in 2000, in the Attorney General’s portfolio. Mr Glenn James Bartley Mr Glenn James Bartley was sworn in as a Magistrate of the Local Court on 22 March 2006. Mr Bartley was admitted to the New South Wales Bar on 16 July 1976 and has practised at the New South Wales Bar continuously from 1976 until his appointment as a Magistrate in March 2006. Mr Bartley was also a member of the New South Wales Bar Association’s Criminal Law Committee, the National Child Sexual Assault Reform Committee and a consultant to the Women’s Legal Resources Centre. Mr Antony Edward Townsden Mr Antony Edward Townsden was sworn in as a Magistrate of the Local Court on 20 April 2006. Mr Townsden was admitted as a solicitor of the Supreme Court of New South Wales in June 1990. Since that time he has worked as a solicitor with the Legal Aid Commission and in recent years has occupied the position of Director Criminal Law. Mr Leslie William Mabbutt Mr Leslie William Mabbutt was sworn in as a Magistrate of the Local Court on 31 July 2006. Mr Mabbutt holds a degree of Bachelor of Laws and was admitted as a solicitor of the Supreme Court of New South Wales in 2003. From 1999, after an initial period of service in the New South Wales Police, Mr Mabbutt occupied the position of Executive Officer, Chief Magistrate’s Office. Mr John Daniel Favretto Mr John Daniel Favretto was sworn in as a Magistrate of the Local Court on 16 October 2006. Mr Favretto was admitted as a solicitor of the Supreme Court of New South Wales in 1979. Mr Favretto held various positions with the Crown Solicitor’s, the Office of the Director of Public Prosecutions (New South Wales) before being called to the Bar in 2001. He was appointed Acting Crown Prosecutor from 2001 to 2005 and Crown Prosecutor in 2005 and 2006. Mr Favretto is co-author of LexisNexis Butterworths loose-leaf service, “Sentencing Law New South Wales”. Ms Mary Stella Jerram Ms Mary Stella Jerram was re-appointed on 23 October 2006 after a short retirement from the Local Court Bench. Ms Jerram began her career as a secondary school teacher. Following completion of her Law degree, she was admitted as a solicitor Supreme Court of New South Wales in May 1983. Ms Jerram was appointed as a Magistrate of the Local Court on 14 June 1994 and appointed Deputy Chief Magistrate on 20 March 2000. On 22 November 2001 Deputy Chief Magistrate Jerram entered a short retirement. From December 2001 up until immediately prior to her re-appointment, Ms Jerram continued to work on an ad-hoc basis as an Acting Magistrate. Dr Gabriel Catherine Fleming Dr Gabriel Catherine Fleming was sworn in as a Magistrate of the Local Court on 23 October 2006. Dr Fleming holds a Bachelor of Social Studies and Bachelor of Laws as well as a Master of Public Policy and Phd in Law from the University of Sydney. Prior to her appointment as Magistrate, Dr Fleming was the Deputy President of the Workers Compensation Commission, a statutory position she held for approximately five years. Ms Alison Mary Viney Ms Alison Mary Viney was sworn in as a Magistrate of the Local Court on 20 November 2006. Ms Viney holds a Bachelor of Arts and Bachelor of Laws and was admitted as a solicitor of the Supreme Court of New South Wales in 1986. Ms Viney began her career as an advocate in the Office of the Director of Public Prosecutions. In August 2001 Ms Viney was appointed Director of the Legal Representation Office, which provides representation to individuals called before the Independent Commission Against Corruption and the Police Integrity Commission. In November 2003 Ms Viney took up the role of Chief Executive Officer at HealthQuest, a self funded New South Wales statutory health corporation established under the New South Wales Health Services Act. Judicial retirements and resignations during 2006 Mr Maxwell Francis Taylor (retired 8 January 2006) Mr Robert Joseph Abood (retired 16 February 2006) Mr Michael Kevin Price (retired 17 March 2006) Mr Denis Arthur Collins (retired 31 March 2006) Ms Deborah Anne Sweeney (resigned 20 April 2006) Ms Elaine Gweneth Schnelle (resigned 3 July 2006) His Honour Judge Price (resigned 27 August 2006) Mr Alan Thomas Cullen (retired 6 October 2006) Mr Bryan Robert Wilson (retired 31 October 2006) Magistrates appointed as Judges of the Drug Court and Acting Judges of the District Court Mr Ian Phillip Barnett Ms Jillian Mary Orchiston
Mr Cecil Roy Brahe and as Chairperson of the Victims Compensation Tribunal Mr Thomas Geoffrey Cleary Mr Charles Augustine Gilmore Other appointments His Honour Judge Price, Chief Magistrate, was appointed as a Judge of the Supreme Court of New South Wales on 28 August 2006 Ms Deborah Anne Sweeney, Magistrate, was appointed as a Judge of the District Court of New South Wales on 21 April 2006
Mr Robert Joseph Abood (from 17 February 2006) Mr Cecil Roy Brahe Mr Barry John Bright Mr Alan John Clarke Mr Thomas Geoffrey Cleary Mr Errol John Considine, OAM Mr Kevin Charles Flack Mr Terrance Gordon Forbes Mr Charles Augustine Gilmore Mr Langdon William Gould Mr Peter Damien Gould (until 30 June 2006) Ms Lilian Horler (until 30 June 2006) Mr Stanley David Kitchener Hyde Ms Mary Stella Jerram (until 22 October 2006) Mr Vincent Dereck Kearney Mr Gregory John McCarry (until 30 August 2006) Mr Leonard Ross McDermid Mr Michael Joseph Mahony Mr George Ashley Miller Mr Peter Montague Norton Mr Michael Kevin Price (from 18 March 2006) Mr Harley Richard Rustin Ms Susanne Elizabeth Schreiner Mr Ross Arthur Sterland Mr James Lawrence Swanson Mr Craig Lowery Thompson
Mr Graham Roberts Ms Danae Harvey Ms Janice Connelly Chief Magistrate’s executive officeAs at 31 December 2006, the Executive Office consisted of seven staff: Executive Officer Jacinta Haywood Policy Officer Bridget Thomson Listing and Rostering Co-ordinator Helena Potter Courts Co-ordinator Phillip Suitor Executive Assistant to the Chief Magistrate Theresa Lamp Judicial Support Officer Linda Lalin Administrative Assistant Sara Kamel The New South Wales Local Court has the largest number of Judicial Officers in a summary jurisdiction in Australia. Under the direction of the Chief Magistrate, the staff in the Chief Magistrate’s Executive Office provide state-wide administrative support to 136 Magistrates and 28 Acting Magistrates. One of the primary functions of the Chief Magistrate’s Executive Office is to assist the Chief Magistrate in organising and managing the sittings of the 156 Local Courts throughout New South Wales. The Executive Office is responsible for the publication of sittings schedules, rosters, Chief Magistrate’s circulars, Local Court Practice Directions/Notes, listing of cases and collation of statistical information. The Executive Office co-ordinates Magistrate’s travel across the State to ensure requirements for sittings are met and co-ordinate Magistrates attendance at various conferences throughout the year. Under the supervision of the Chief Magistrate and Deputy Chief Magistrates, the Executive Office is responsible for the day to day listing management and co-ordination of the Downing Centre and Central Local Courts, the largest Local Court complex in the State. The Executive Office also facilitates strategic and effective working relationships with clients and stakeholders and provides research and project support as required by the Chief Magistrate. Further information about the New South Wales Local Court can be found on the Local Court website on Lawlink, at www.lawlink.nsw.gov. au/lawlink/local_courts/ll_localcourts.nsf/pages/ lc_index. The work of the Local Court RegistriesThe Local Courts would be unable to operate effectively without the valued assistance and expertise of the many Registry staff throughout the State. Each Registry provides administrative and clerical support to the Local Court. The Local Court is responsible for dealing with a complex range of matters from different jurisdictions and Registry staff are required to have a sound operational knowledge. Staff at each Registry are responsible for checking and accepting various documents filed at the Court, securing and maintaining Court records, issuing Court process and providing assistance to a variety of Court users. A large number of Local Courts users are not legally represented and therefore, it falls upon Registry staff to explain the various Court processes in a manner that is both easily understood and accessible. Registrars Registrars are appointed to each Local Court by the Governor pursuant to section 10 of the Local Courts Act 1983. The Registrars have a number of quasi-judicial functions conferred upon them by legislation. The Work of the Registrar includes:
Children’s Registrars Children’s Registrars assist the Children’s Court by conducting preliminary conferences in Care cases across the State and case manage Care cases prior to a hearing being scheduled before a Children’s Magistrate. Children’s Registrar have skills in assisting parties to reach agreement in Care cases and in defining the issues, which ultimately require determination by a Children’s Magistrate. Chamber Registrars The primary role of the Chamber Registrar is to provide information to members of the public on basic legal problems and the options available to assist them. The Chamber Service is available to provide guidance on Court process and procedures and to assist the public in the drafting of simple documents used in cases before the Local Court. |
