NSW Police v JG [2013] NSWLC 31

NSW Police v JG [2013] NSWLC 31

The written application was the document engaging the Local Court's special jurisdiction and jurisdiction under the Crimes (Forensic Procedures) Act 2000. Because it did not specify the type of forensic procedure sought, it failed to comply with s 26(2)(c). Given the Act's object of impinging on fundamental common law rights, the use of "must" in s 26(2)(c), and the importance of the application as the fundamental step engaging jurisdiction, the legislative purpose was that non-compliance rendered the application invalid and a nullity.

Jurisdiction
Australia
Judgment Date
22 November 2013
Procedural Posture
Application for Interim/final Order for Carrying Out Forensic Procedure Under the Crimes (forensic Procedures) Act 2000 / Preliminary Jurisdictional Objection in Interlocutory Application
Outcome
Application marked "No jurisdiction"
Legal Topics
['application for Forensic Procedure Order' 'non Compliance With Notice Requirements' 'failure to Specify Type of Forensic Procedure Sought' 'validity and Nullity of Application' 'engagement of Local Court Jurisdiction']
['forensic Procedures' 'statutory Interpretation' 'local Court Special Jurisdiction'] ['application for Forensic Procedure Order' 'non Compliance With Notice Requirements' 'failure to Specify Type of Forensic Procedure Sought' 'validity and Nullity of Application' 'engagement of Local Court Jurisdiction']

Case Brief

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Procedural Posture

Application for Interim/final Order for Carrying Out Forensic Procedure Under the Crimes (forensic Procedures) Act 2000 / Preliminary Jurisdictional Objection in Interlocutory Application

Legal Issues

  1. 1 ['Whether an application under s 26 of the Crimes (Forensic Procedures) Act 2000 includes the supporting affidavit or evidence on oath.' 'Whether the application complied with s 26(2)(c) of the Crimes (Forensic Procedures) Act 2000 by specifying the type of forensic procedure sought to be carried out.' "Whether failure to comply with s 26(2)(c) rendered the application invalid and a nullity so that the Local Court's jurisdiction was not enlivened." "Whether the issue of a warrant by another magistrate estopped consideration of the respondent's jurisdictional objection."]

Ratio Decidendi

The written application was the document engaging the Local Court's special jurisdiction and jurisdiction under the Crimes (Forensic Procedures) Act 2000. Because it did not specify the type of forensic procedure sought, it failed to comply with s 26(2)(c). Given the Act's object of impinging on fundamental common law rights, the use of "must" in s 26(2)(c), and the importance of the application as the fundamental step engaging jurisdiction, the legislative purpose was that non-compliance rendered the application invalid and a nullity.

Court Disposition

Application marked "No jurisdiction"

Orders

  • ['The application is marked "No jurisdiction".']