2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2017

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	3
	4	Legislation repealed	3
Part 2	Civil Law (Wrongs) Act 2002
	5	Notice of claim
Section 51 (1), note 2	4
	6	Section 51 (3) and (4)	4
	7	Section 51 (10), new definition of child abuse claim	4
	8	Section 51 (10), definitions of institutional child abuse claim and institutional context	4
Part 3	Common Boundaries Act 1981
	9	Application to ACAT—repair cost determination
Section 6 (1) (b)	5
	10	New section 6 (5)	5
Part 4	Criminal Code 2002
	11	Codification
Section 5 (2) and (3)	6
	12	Delayed application of ch 2 to certain offences
Section 8 (5)	6
	13	Section 10	6
	14	Dictionary, new definition of application date	7
	15	Dictionary, definition of default application date	7
Part 5	Dangerous Goods (Road Transport) Act 2009
	16	Dictionary, definition of Australian Road Rules	8
	17	Dictionary, definitions of road and road related area	8
Part 6	Evidence Act 2011
	18	Privilege in relation to self-incrimination in other proceedings
Section 128 (7)	9
Part 7	Freedom of Information Act 2016
	19	Commencement
Section 2	10
	20	What is open access information?
Section 23 (1), definition of open access information, of an agency	10
	21	Section 23 (1), definition of open access information, of a Minister, paragraph (a)	10
	22	Open access information declarations
New section 65 (2A)	11
	23	Mediation for applications
Section 81 (4)	11
Part 8	Gaming Machine Act 2004
	24	Required payment to problem gambling assistance fund
Section 163A (2) (a)	12
Part 9	Heavy Vehicle National Law (ACT) Act 2013
	25	Section 19	13
Part 10	Judicial Commissions Act 1994
	26	Dictionary, definition of complaint	14
Part 11	Legal Aid Act 1977
	27	Establishment and constitution of review committees
Section 37 (3) (a), (4) (a) and (5)	15
	28	Personnel management
Section 68A	15
	29	Dictionary, note 2	15
Part 12	Legal Profession Act 2006
	30	Purposes and application—pt 2.4
Section 33 (2) (b)	16
	31	Section 33 (3), definition of in-house lawyer, paragraph (b)	16
	32	Conditions on practising certificate—government lawyer and in-house lawyer
Section 38 (1) (b)	16
	33	Section 38 (2) (b)	16
	34	New section 38 (5)	17
	35	Professional indemnity insurance—interstate legal practitioners
Section 72 (2)	17
	36	Definitions—pt 2.6
Section 99 (2), definition of related body corporate	17
	37	Dictionary, definition of related body corporate	17
Part 13	Limitation Act 1985
	38	Section 21C heading	18
	39	Section 21C (1) (a)	18
	40	Section 21C (4), definitions of institution, institutional context and official	18
	41	Special provision in relation to children—claims relating to health services
Section 30B (1) (b) (ii)	18
Part 14	Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005
	42	Dictionary
Section 4, note 1	19
	43	Section 4, note 2	19
	44	Administering authority
Section 6	19
	45	Dictionary, note 2	19
	46	Dictionary, definition of registrar	19
Part 15	Public Unleased Land Act 2013
	47	Direction to remove objects from public unleased land
Section 98 (7), definition of park	20
Part 16	Rail Safety National Law (ACT) Act 2014
	48	Meaning of generic terms for Rail Safety National Law (ACT)
Section 9 (1), definition of Australian Road Rules	21
	49	Section 9 (1), definition of shared path	21
Part 17	Road Transport (General) Act 1999
	50	Dictionary, definition of Australian Road Rules	22
	51	Dictionary, definition of bicycle, notes 2 and 3	22
	52	Dictionary, new definitions	22
Part 18	Road Transport (Public Passenger Services) Act 2001
	53	Dictionary, note 3	23
	54	Dictionary, definition of taxi zone	23
Part 19	Road Transport (Safety and Traffic Management) Act 1999
	55	Dictionary, definition of road user	24

2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2017

A Bill for
An Act to amend legislation about justice and community safety, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Justice and Community Safety Legislation Amendment Act 2017.
2	Commencement
	(1)	This Act (other than the following provisions) commences on the 7th day after its notification day:
·	part 5 (Dangerous Goods (Road Transport) Act 2009)
·	sections 20 to 23
·	part 8 (Gaming Machine Act 2004)
·	part 9 (Heavy Vehicle National Law (ACT) Act 2013)
·	part 16 (Rail Safety National Law (ACT) Act 2014)
·	part 17 (Road Transport (General) Act 1999)
·	part 18 (Road Transport (Public Passenger Services) Act 2001)
·	part 19 (Road Transport (Safety and Traffic Management) Act 1999).
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	Parts 5, 9, 16, 17, 18 and 19 commence on the later of—
	(a)	the commencement of the Road Transport (Road Rules) Regulation 2017, section 3; and
	(b)	the commencement of this Act, section 3.
	(3)	Sections 20 to 23 commence on the commencement of the Freedom of Information Act 2016, section 3.
	(4)	Part 8 commences on 1 July 2017.
3	Legislation amended
This Act amends the following legislation:
·	Civil Law (Wrongs) Act 2002
·	Common Boundaries Act 1981
·	Criminal Code 2002
·	Dangerous Goods (Road Transport) Act 2009
·	Evidence Act 2011
·	Freedom of Information Act 2016
·	Gaming Machine Act 2004
·	Heavy Vehicle National Law (ACT) Act 2013
·	Judicial Commissions Act 1994
·	Legal Aid Act 1977
·	Legal Profession Act 2006
·	Limitation Act 1985
·	Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005
·	Public Unleased Land Act 2013
·	Rail Safety National Law (ACT) Act 2014
·	Road Transport (General) Act 1999
·	Road Transport (Public Passenger Services) Act 2001
·	Road Transport (Safety and Traffic Management) Act 1999.
4	Legislation repealed
The following legislation is repealed:
·	Director of Public Prosecutions Direction 2006 (No 1) (NI2006-390)
·	Director of Public Prosecutions Direction 2016 (No 1) (NI2016-164).

Part 2	Civil Law (Wrongs) Act 2002
5	Notice of claim
Section 51 (1), note 2
omit
institutional
6	Section 51 (3) and (4)
omit
an institutional child abuse claim
substitute
a child abuse claim
7	Section 51 (10), new definition of child abuse claim
insert
child abuse claim, by or on behalf of a person, means a claim in relation to a personal injury that arises from sexual abuse to which the person was subjected when the person was a child.
8	Section 51 (10), definitions of institutional child abuse claim and institutional context
omit

Part 3	Common Boundaries Act 1981
9	Application to ACAT—repair cost determination
Section 6 (1) (b)
omit
people living in premises
substitute
people lawfully at premises
10	New section 6 (5)
insert
	(5)	In this section:
people lawfully at premises includes a person—
	(a)	living in the premises; or
	(b)	invited to visit the premises by a person living in the premises; or
	(c)	otherwise lawfully entitled to be at the premises.

Part 4	Criminal Code 2002
11	Codification
Section 5 (2) and (3)
omit
default
12	Delayed application of ch 2 to certain offences
Section 8 (5)
omit
default
13	Section 10
substitute
10	Definitions—applied provisions and application date
	(1)	In this Act:
application date means a date declared by the Minister.
applied provisions means the following provisions of this chapter:
·	section 15 (5) (which deals with evidence of self-induced intoxication)
·	division 2.3.1 (Lack of capacity—children)
·	division 2.3.2 (Lack of capacity—mental impairment)
·	division 2.3.3 (Intoxication)
·	part 2.4 (Extensions of criminal responsibility)
·	part 2.5 (Corporate criminal responsibility)
·	part 2.6 (Proof of criminal responsibility)
·	part 2.7 (Geographical application).
Note	Div 2.3.2 and s 66 (2) (d) became applied provisions on the commencement of the Criminal Code (Mental Impairment) Amendment Act 2006. Pt 2.5 became an applied provision on 9 April 2004. The other applied provisions have been applied provisions since the commencement of the Code on 1 January 2003.
	(2)	A declaration under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	This section expires on the application date.
14	Dictionary, new definition of application date
insert
application date—see section 10.
15	Dictionary, definition of default application date
omit

Part 5	Dangerous Goods (Road Transport) Act 2009
16	Dictionary, definition of Australian Road Rules
omit
17	Dictionary, definitions of road and road related area
substitute
road—see the Road Transport (General) Act 1999, dictionary.
road related area—see the Road Transport (General) Act 1999, dictionary.

Part 6	Evidence Act 2011
18	Privilege in relation to self-incrimination in other proceedings
Section 128 (7)
omit
examine—
substitute
examine evidence—

Part 7	Freedom of Information Act 2016
19	Commencement
Section 2
omit
1 July 2017
substitute
1 January 2018
20	What is open access information?
Section 23 (1), definition of open access information, of an agency
omit
held by the agency that
substitute
held by the agency that came into existence on or after 1 January 2018 and
21	Section 23 (1), definition of open access information, of a Minister, paragraph (a)
omit
held by the Minister that
substitute
held by the Minister that came into existence on or after 1 January 2018 and 
22	Open access information declarations
New section 65 (2A)
insert
	(2A)	The ombudsman must not declare government information that came into existence before 1 January 2018 to be open access information.
23	Mediation for applications
Section 81 (4)
substitute 
	(4)	Unless the ombudsman directs otherwise, the decision-maker—
	(a)	must pay the costs of conducting the mediation; but
	(b)	is not required to pay the costs incurred by the applicant or any other person who participates in the review.
Examples—par (a)
1	cost of hiring the venue for the mediation
2	fees for the accredited mediator
Examples—par (b)
1	legal costs
2	travel costs
3	income lost due to participation in mediation
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 8	Gaming Machine Act 2004
24	Required payment to problem gambling assistance fund
Section 163A (2) (a)
substitute
	(a)	0.75%; or

Part 9	Heavy Vehicle National Law (ACT) Act 2013
25	Section 19
substitute
19	Road Rules—the Law, s 5
The Road Transport (Road Rules) Regulation 2017 is declared to be the Road Rules for the Heavy Vehicle National Law (ACT).

Part 10	Judicial Commissions Act 1994
26	Dictionary, definition of complaint
substitute
complaint means—
	(a)	a complaint made under section 14; or
	(b)	an allegation in relation to which notice has been given to the council under section 14.

Part 11	Legal Aid Act 1977
27	Establishment and constitution of review committees
Section 37 (3) (a), (4) (a) and (5)
omit
not more than 9
substitute
not more than 14
28	Personnel management
Section 68A
omit
program
substitute
policy
29	Dictionary, note 2
insert
·	legal practitioner

Part 12	Legal Profession Act 2006
30	Purposes and application—pt 2.4
Section 33 (2) (b)
substitute
	(b)	an in-house lawyer for a corporation in relation to the provision of in-house legal services for the corporation (or a related body corporate).
31	Section 33 (3), definition of in-house lawyer, paragraph (b)
omit
corporation
substitute
corporation (or a related body corporate)
32	Conditions on practising certificate—government lawyer and in-house lawyer
Section 38 (1) (b)
substitute
	(b)	an in-house lawyer.	
33	Section 38 (2) (b)
substitute
	(b)	for an application by an in-house lawyer—imposes a condition on the certificate that the in-house lawyer for a corporation must not engage in legal practice otherwise than by providing in-house legal services to the corporation (or a related body corporate).
34	New section 38 (5)
insert
	(5)	In this section:
in-house lawyer—see section 33.
35	Professional indemnity insurance—interstate legal practitioners
Section 72 (2)
omit
the corporation
substitute
the corporation (or a related body corporate)
36	Definitions—pt 2.6
Section 99 (2), definition of related body corporate
omit
37	Dictionary, definition of related body corporate
substitute
related body corporate means—
	(a)	for a company within the meaning of the Corporations Act—a related body corporate within the meaning of that Act, section 50; or
	(b)	for any other corporation prescribed by regulation—a person prescribed by regulation.

Part 13	Limitation Act 1985
38	Section 21C heading
substitute
21C	Personal injury resulting from sexual abuse of child
39	Section 21C (1) (a)
omit
in an institutional context
40	Section 21C (4), definitions of institution, institutional context and official
omit
41	Special provision in relation to children—claims relating to health services
Section 30B (1) (b) (ii)
omit
institutional

Part 14	Magistrates Court (Sale of Motor Vehicles Infringement Notices)
Regulation 2005
42	Dictionary
Section 4, note 1
omit
43	Section 4, note 2
omit
(including a signpost definition)
44	Administering authority
Section 6
omit
registrar
substitute
commissioner for fair trading
45	Dictionary, note 2
insert
·	commissioner for fair trading
46	Dictionary, definition of registrar
omit

Part 15	Public Unleased Land Act 2013
47	Direction to remove objects from public unleased land
Section 98 (7), definition of park
substitute
park—see the Road Transport (Road Rules) Regulation 2017, dictionary.

Part 16	Rail Safety National Law (ACT) Act 2014
48	Meaning of generic terms for Rail Safety National Law (ACT)
Section 9 (1), definition of Australian Road Rules
omit
49	Section 9 (1), definition of shared path
substitute
shared path—see the Road Transport (Road Rules) Regulation 2017, dictionary.

Part 17	Road Transport (General) Act 1999
50	Dictionary, definition of Australian Road Rules
omit
51	Dictionary, definition of bicycle, notes 2 and 3
omit
52	Dictionary, new definitions
insert
wheelchair—see the Road Transport (Road Rules) Regulation 2017, dictionary.
wheeled recreational device—see the Road Transport (Road Rules) Regulation 2017, dictionary.
wheeled toy—see the Road Transport (Road Rules) Regulation 2017, dictionary.

Part 18	Road Transport (Public Passenger Services) Act 2001
53	Dictionary, note 3
omit
·	Australian Road Rules
54	Dictionary, definition of taxi zone
substitute
taxi zone—see the Road Transport (Road Rules) Regulation 2017, section 182.

Part 19	Road Transport (Safety and Traffic Management) Act 1999
55	Dictionary, definition of road user
substitute
road user—see the Road Transport (Road Rules) Regulation 2017, section 14.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 30 March 2017.
2	Notification
	Notified under the Legislation Act on	2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017