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Legislation to note: Courts and Other Legislation Further Amendment Act 2011

Thu Sep 15 2011

The Courts and Other Legislation Further Amendment Act 2011 was assented to on Tuesday, 13 September 2011.

All amendments commenced on assent except for amendment (d) outlined below which will commence on a day to be appointed by proclamation. The Act amends the:

a) Civil Procedure Act 2005 to postpone by up to 18 months the commencement of Part 2A of the Act, which contains measures to encourage the early resolution of civil disputes. This will allow time for equivalent Commonwealth provisions to be evaluated and for further stakeholder consultation. Evaluation of the equivalent Commonwealth provisions will provide an evidence base for decisions about the future of Part 2A.

b) Guardianship Act 1987 to enable the Attorney General to delegate the power to approve premises under section 13 of the Act. This amendment will ensure that the Attorney General, as Minister responsible for the Guardianship Act 1987, will be able to delegate the power of approval, as was previously the case for the Minister for Disability Services.

c) Land and Environment Court Act 1979 to make clear that appeals by an Aboriginal Land Council under section 36(7) of the Aboriginal Land Rights Act 1983 fall within Class 3 of the Land and Environment Court's jurisdiction.

d) Victims Support and Rehabilitation Act 1996 so that the victims compensation court levy does not apply to matters where charges are dismissed under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999, except where an offence is punishable by imprisonment.

15 September 2011

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