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Procedure for fitness to be tried (including special hearings)

WEBThe Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (the Act), prescribes criminal procedures for the Supreme Court and District Court for …

Actived: 7 days ago

URL: https://www.judcom.nsw.gov.au/publications/benchbks/criminal/procedure_for_fitness.html

Subjective matters at common law

WEBSubjective factors are personal to the offender and include the offender’s age, health, background, and some post-offence conduct. They are relevant to sentencing purposes …

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Introducing solutions for maintaining positive psychological health

WEBThe judicial wellbeing portal has drawn together solutions and supports for positive psychological health. Included among these is the now almost ubiquitous concept of …

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The querulant litigant

WEBIn the following article, Dr Lester describes the pathology of the querulant/vexatious litigant and suggests guidelines for judicial officers to manage difficult complainants. …

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The psychological impact of judicial work

WEBC Schrever,BSci/LLB, MPsych (Clinical), PhD candidate (University of Melbourne). The author acknowledges the generous guidance and assistance received in the preparation …

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Substantial impairment because of mental health impairment or …

WEBIt is noted that in contrast to the defence in s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act, the partial defence in s 23A of the Crimes Act is …

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Decisions of interest

WEB5 4. Workers’ compensation: hearing loss; inconsistency of laws under Constitution s 109 Return to Work Corporation of South Australia v Renfrey [2019] SASCFC 26 Decision …

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Mental Health and Cognitive Impairment Forensic Provisions Act …

WEBThe Mental Health and Cognitive Impairment Forensic Provisions Act 2020, which replaced the Mental Health (Forensic Provisions) Act 1990 (the 1990 Act), provides a mechanism …

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Decolonising the mind: working with transgenerational trauma …

WEBB O’NeillFirst Nations Trauma Recovery and Practice Practitioner. The author is a Dunghutti woman born on the Gadigal Country of the Eora. The author, a First Nations Trauma …

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NEW SOUTH WALES COURT OF APPEAL NEW SOUTH WALES …

WEBHCA File Number NSWCA / NSWCCA Citation High Court Citation: Outcome Edwards v The Queen : 6 October 2021 S118/2020 [2020] NSWCCA 57 [2021] HCA 28 Appeal dismissed

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Mental Health and Cognitive Impairment Forensic Provisions Act …

WEBThe interaction between persons suffering mental health conditions and the criminal justice system is well documented as being difficult and often requiring what former Chief …

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The long-term effects of child sexual abuse

WEBAbstract. This paper is a useful summary of recent Australian and international research on long-term effects of child sexual abuse, including the link between the abuse and …

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Australia’s first research measuring judicial stress

WEBC SchreverBSci/LLB; MPsych (Clinical)/PhD Candidate (University of Melbourne). The author is a lawyer, psychologist and researcher of judicial stress and wellbeing. She is a …

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Lifting the judicial veil

WEBMr D HeilpernAdjunct Professor at Southern Cross University and former Magistrate of the NSW Local Court 1999–2020. David Heilpern shares his challenges and insights …

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Public Health Act 2010

WEBThis table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

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Responding to unreasonably persistent litigants

WEBThe litigant who deflects responsibility onto the presiding officer or registrar It is often very difficult for litigants to understand why court processes and procedures must be …

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Sentencing Trends No 23 — Sentencing Mentally Disordered …

WEBSentencing Mentally Disordered Offenders: The Causal Link. Sally Traynor Research Officer. 1. Introduction. This paper examines the development of case law and sentencing jurisprudence in different jurisdictions with regard to sentencing offenders with a mental illness, mental condition or intellectual disability, and with specific emphasis on …

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