1.
New South Wales
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New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south and it has a coast line with the Tasman Sea on its east side. The Australian Capital Territory is an enclave within the state, New South Wales state capital is Sydney, which is also Australias most populous city. In March 2014, the population of New South Wales was 7.5 million. Just under two-thirds of the population,4.67 million. Inhabitants of New South Wales are referred to as New South Welshmen, the Colony of New South Wales was founded as a penal colony in 1788. It originally comprised a more than half of the Australian mainland with its western boundary set at 129th meridian east in 1825, in addition, the colony also included the island territories of New Zealand, Van Diemens Land, Lord Howe Island, and Norfolk Island. During the 19th century, most of the area was detached to form separate British colonies that eventually became New Zealand. However, the Swan River Colony has never administered as part of New South Wales. Lord Howe Island remains part of New South Wales, while Norfolk Island has become a federal Territory, as have the now known as the Australian Capital Territory. The prior inhabitants of New South Wales were the Aboriginal tribes who arrived in Australia about 40,000 to 60,000 years ago, before European settlement there were an estimated 250,000 Aboriginal people in the region. The Wodi Wodi people are the custodians of the Illawarra region of South Sydney. The Bundjalung people are the custodians of parts of the northern coastal areas. The European discovery of New South Wales was made by Captain James Cook during his 1770 survey along the eastern coast of the Dutch-named continent of New Holland. In his original journal covering the survey, in triplicate to satisfy Admiralty Orders, Cook first named the land New Wales, however, in the copy held by the Admiralty, he revised the wording to New South Wales. After years of chaos and anarchy after the overthrow of Governor William Bligh, macquaries legacy is still evident today. During the 19th century, large areas were separated to form the British colonies of Tasmania, South Australia, Victoria. Responsible government was granted to the New South Wales colony in 1855, following the Treaty of Waitangi, William Hobson declared British sovereignty over New Zealand in 1840
2.
City of Sydney
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The City of Sydney is the local government area covering the Sydney central business district and surrounding inner city suburbs of the greater metropolitan area of Sydney, New South Wales, Australia. On 6 February 2004, the local government area of the City of South Sydney was formally merged into the City of Sydney. The leader of the City of Sydney holds the title of the Lord Mayor of Sydney, the current Lord Mayor is Councillor Clover Moore who has been in office since 27 March 2004. Aboriginal and Torres Strait Islander people made up 1. 3% of the population, the median age of people in the City of Sydney was 32 years. Children aged 0 –14 years made up 7. 1% of the population and people aged 65 years, of people in the area aged 15 years and over,25. 5% were married and 10. 1% were either divorced or separated. Population growth in the City of Sydney between the 2001 Census and the 2006 Census was 3. 31%, and in the subsequent five years to the 2011 Census, population growth was 4. 57%. The median weekly income for residents within the City of Sydney was more than 1.5 times the national average. The proportion of dwellings in the City of Sydney that are apartments or units is 73. 6%, the proportion of residents in the Sydney local government area that claimed Australian ancestry was approximately half the national average. ^a 1996 Census figures refer to the City of Sydney prior to its merger with the City of South Sydney, in 1972 the Council had prepared the City of Sydney Strategic Plan, only the second city to prepare a comprehensive assessment and plan of major issues for the future. With triennial reviews, this development of the City for twenty years. A1987 Liberal re-organisation saw Sydney Council split, with southern suburbs forming a new South Sydney Council and this was thought to advantage the Liberal government of the day, as the southern suburbs had traditionally voted Labor. In 2004, the Labor State Government undid this change, again merging the councils of the City of Sydney, critics claimed that this was performed with the intention of creating a super-council which would be under the control of Labor, which also controlled the State Government. Critics of the claimed that this was a result of a voter backlash against the party for attempting to create the super-council. The daily administration of the City of Sydney is performed by its General Manager, currently Monica Barone, Sydney City Council is composed of ten Councillors, including the Lord Mayor, for a fixed four-year term of office. The Lord Mayor is directly elected while the nine other Councillors are elected proportionally. On 26 January 1788, he named it after Thomas Townshend, 1st Viscount Sydney, who was the secretary at the time. The City of Sydney was established on 20 July 1842 by the Corporation Act which encompasses present-day Woolloomooloo, Surry Hills, Chippendale and Pyrmont, there were six wards established by boundary posts. A boundary post still exists in front of Sydney Square, the boundaries of the City of Sydney have changed fairly regularly since 1900
3.
Parramatta
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Parramatta is a suburb of Sydney, Australia,23 kilometres west of its central business district on the banks of the Parramatta River. Parramatta is the seat of the City of Parramatta, one of four cities within the Sydney metropolitan area. Parramatta, founded by the British in 1788, the year as Sydney, is the oldest inland European settlement in Australia. Since 2000, government agencies such as the New South Wales Police Force, Parramatta is a major business and commercial centre, and home to Westfield Parramatta, the ninth largest shopping centre in Australia. It is colloquially known as Parra, radiocarbon dating suggests human activity occurred in Parramatta from around 30,000 years ago. The Darug people who lived in the area before European settlement regarded the area as rich in food from the river, the Parramatta Eels Rugby League club chose their symbol as a result of this phenomenon. Parramatta was founded in 1788, the year as Sydney. As such, Parramatta is the second oldest city in Australia, during 1788, Governor Arthur Phillip had reconnoitred several places before choosing Parramatta as the most likely place for a successful large farm. Parramatta was the furthest navigable point inland on the Parramatta River and also the point at which the river became freshwater, as a settlement developed, Governor Phillip gave it the name Rose Hill after George Rose, Secretary for the British Treasury. In 1791 he changed the name to Parramatta, approximating the term used by the local Aboriginal people, a neighbouring suburb acquired the name Rose Hill. In an attempt to deal with the crisis, Phillip in 1789 granted a convict named James Ruse the land of Experiment Farm at Parramatta on the condition that he develop a viable agriculture. There, Ruse became the first person to grow grain in Australia. The Parramatta area was also the site of the pioneering of the Australian wool industry by John Macarthurs Elizabeth Farm in the 1790s, Philip Gidley Kings account of his visit to Parramatta on 9 April 1790 is one of the earliest descriptions of the area. Walking four miles with Governor Phillip to Prospect he saw undulating grassland interspersed with magnificent trees, Governor Arthur Phillip built a small house for himself on the hill of The Crescent. It was used as a retreat by Governors until the 1850s, the house, Old Government House, is currently a historic site and museum within Parramatta Park and is Australias oldest surviving public building. In 1803, another incident occurred in Parramatta, involving a convicted criminal named Joseph Samuel. Samuel was convicted of murder and sentenced to death by hanging, in the second attempt, the noose slipped off his neck. In the third attempt, the new rope broke, Governor King was summoned and pardoned Samuel, as the incident appeared to him to be divine intervention
4.
Penrith, New South Wales
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Penrith is a suburb and major centre in the metropolitan area of Sydney, New South Wales, Australia. It is located in Greater Western Sydney 50 kilometres west of the Sydney central business district on the banks of the Nepean River, Penrith is the administrative seat of the local government area of the City of Penrith. It is also acknowledged on the register of the Geographical Names Board of New South Wales as one of four cities within the Sydney metropolitan area. Penrith was named after the town of Penrith in Cumbria, England, the name is of Cumbric origin, a Celtic language of northern Britain related to Welsh. Pen is Cumbric and Welsh for Head or Chief and the Cumbric Rid means Ford giving the name Chief Ford or Hill Ford, how it got the name is unclear. One theory is that in the days, development in Penrith was entirely on one road, like the English Penrith. The earliest known reference to the name Penrith dates back to 1819. Prior to the arrival of the Europeans, the Penrith area was home to the Mulgoa tribe of the Darug people. They lived in huts called gunyahs, hunted native animals such as kangaroos, fished in the Nepean River. They lived under a system of Law which had its origins in the Dreamtime. Most of the Mulgoa were killed by smallpox or galgala shortly after the arrival of the First Fleet in 1788, early British explorers such as Watkin Tench described them as friendly, saying, they bade us adieu, in unabated friendship and good humour. Watkin Tench was the first British explorer to visit the area in 1789 and named the Nepean River after Lord Evan Nepean, under-secretary to the home department. Governor King began granting land in the area to settlers in 1804 with Captain Daniel Woodriffs 1,000 acres on the banks of the river the first land grant in the area. In 1814, William Cox constructed a road across the Blue Mountains which passed through Woodriffs land at Penrith, initial settlement in the area was unplanned but substantial enough for a courthouse to be established in 1817. The post office was established in 1828, the Anglican church, St Stephens, was opened and consecrated 16 July 1839 followed by the Catholic Church, St Nicholas of Myra, in 1850. In 1824, Sir John erected the colonys finest Georgian mansion, Regentville House, near Penrith, Sir John established an impressive agricultural estate at Regentville and became a Member of the New South Wales Legislative Council. His grave can be seen in St Stephens graveyard, Regentville House burned down in 1868 but most of its stonework was salvaged and used for building projects in and around Penrith. Another well-known early settler was Thomas Frost who arrived from Buckinghamshire in 1810 and his wife Sarah had been baptised by Samuel Marsden and her brother, Robert Rope, was reputed to be the first European born in Australia
5.
Campbelltown, New South Wales
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Campbelltown is a suburb and major centre in the metropolitan area of Sydney, New South Wales, Australia. It is located in Greater Western Sydney 50 kilometres south-west of the Sydney central business district, Campbelltown is the administrative seat of the local government area of the City of Campbelltown. It is also acknowledged on the register of the Geographical Names Board of New South Wales as one of four cities within the Sydney metropolitan area. Campbelltown gets its name from Elizabeth Campbell, the wife of former Governor of New South Wales Lachlan Macquarie, originally called Campbell-Town, the name was later simplified to the current Campbelltown. The area that later became Campbelltown was inhabited prior to settlement by the Tharawal people. Not long after the arrival of the First Fleet in Sydney in 1788 and they were spotted, however, by the Tharawal people. In a rock art site called Bull Cave near Campbelltown, they drew a number of cattle with pronounced horns, the Tharawal described the cattle to British explorers and in 1795 the British found a herd of around 60 cattle grazing in the area now known as Camden. The colonial administration was keen for the herd to establish itself so forbade killing of the cattle or settlement in the area, but John Macarthur, who wanted to establish sheep in the colony, took a liking to the prime grazing land. He convinced the British government to overrule the local administration and grant him 5,000 acres just south of the Nepean River in 1805, four years later a number of other grants were made to farmers between Camden and Liverpool. The Tharawal initially worked with the farmers but a drought in 1814 led to large numbers of neighbouring Gandangara people moving into the area in search of food. Tensions developed between the British and the Gandangara leading to skirmishes and a number of deaths on each side, Governor Macquarie felt a permanent settlement would lead to order in the area and so Campbell-Town was born in 1820. Development of the town was particularly after the departure of Macquarie. However, it was during this period that Campbelltowns most famous incident occurred, in 1826, local farmer Frederick Fisher disappeared. According to folklore, his ghost appeared sitting on a rail over a creek just south of the town. In memory of the incident, the Fishers Ghost festival is held each November in Campbelltown, Campbelltowns population increased steadily in the decades following. The southern rail line was extended to Campbelltown in 1858, leading to further development, and in 1882, Campbelltown Council was established allowing municipal works to occur in earnest. Campbelltown became the first country town in New South Wales to have piped water in 1888, Campbelltown was designated in the early 1960s as a satellite city by the New South Wales Planning Authority, and a regional capital for the south west of Sydney. There was extensive building and population growth in the intervening time, Campbelltown has a humid subtropical climate with mild to cool winters and warm to hot summers
6.
Newcastle, New South Wales
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Located 162 kilometres north-northeast of Sydney, at the mouth of the Hunter River, it is the predominant city within the Hunter Region. Famous for its coal, Newcastle is the largest coal exporting harbour in the world, beyond the city, the Hunter Region possesses large coal deposits. Geologically, the area is located in the part of the Sydney basin. Newcastle and the lower Hunter Region were traditionally occupied by the Awabakal and Worimi Aboriginal People, in September 1797 Lieutenant John Shortland became the first European settler to explore the area. His discovery of the area was largely accidental, as he had sent in search of a number of convicts who had seized HMS Cumberland as she was sailing from Sydney Cove. While returning, Lt. Shortland entered what he described as a very fine river. He returned with reports of the port and the areas abundant coal. Over the next two years, coal mined from the area was the New South Wales colonys first export, Newcastle gained a reputation as a hellhole as it was a place where the most dangerous convicts were sent to dig in the coal mines as harsh punishment for their crimes. By the start of the 19th century the mouth of the Hunter River was being visited by groups of men, including coal diggers, timber-cutters. Philip Gidley King, the Governor of New South Wales from 1800, in 1801, a convict camp called Kings Town was established to mine coal and cut timber. In the same year, the first shipment of coal was dispatched to Sydney and this settlement closed less than a year later. A settlement was attempted in 1804, as a place of secondary punishment for unruly convicts. The settlement was named Coal River, also Kingstown and then renamed Newcastle, the new settlement, comprising convicts and a military guard, arrived at the Hunter River on 27 March 1804 in three ships, HMS Lady Nelson, the Resource and the James. The convicts were rebels from the 1804 Castle Hill convict rebellion, Morpeth, New South Wales is a similar distance north of Newcastle as Morpeth, Northumberland is north of Newcastle upon Tyne. Under Captain James Wallis, commandant from 1815 to 1818, the conditions improved. The quality of these first buildings was poor, and only breakwater survives, during this period, in 1816, the oldest public school in Australia was built in East Newcastle. Newcastle remained a settlement until 1822, when the settlement was opened up to farming. As a penal colony, the rule was harsh, especially at Limeburners Bay
7.
Gosford
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Gosford is a city located on the Central Coast of New South Wales, Australia, about 76 km north of the Sydney central business district. The city is situated at the extremity of Brisbane Water. The city is the centre of the Central Coast region. Gosford has been designated as an important growth centre under the NSW Metropolitan Strategy, the suburbs population was 3,392 in the 2011 census. Until white settlement, the area around Gosford was inhabited by the Guringai peoples, who were principally coastal-dwellers, along with the other land around the Hawkesbury River estuary, the Brisbane Water district was explored during the early stages of the settlement of New South Wales. In the early 19th century some pioneering European settlers began occupying the land, for timber-cutting, lime production, Gosford itself was explored by Governor Phillip between 1788 and 1789. The area was difficult to access and settlement did not start before 1823, by the late 19th century the agriculture in the region was diversifying, with market gardens and citrus orchards occupying the rich soil left after the timber harvest. The road between Hawkesbury and Brisbane Water was a wheel track even in 1850. Convicts once lived and worked in the Gosford area, in 1825, Gosfords population reached 100, of whom 50% were convicts. East Gosford was the first centre of settlement, Gosford was named in 1839 after Archibald Acheson, 2nd Earl of Gosford – a friend of the then Governor of New South Wales George Gipps. Achesons title derives its name from Gosford, a townland of Markethill in County Armagh in Northern Ireland, in 1887, the rail link to Sydney was completed, requiring a bridge over the Hawkesbury River and a tunnel through the sandstone ridge west of Woy Woy. The introduction of this link and then the Pacific Highway in 1930 accelerated the development of the region. Gosford became a town in 1885 and was declared a municipality in 1886. In the 2011 census, the most common countries of birth of people in Gosford were Australia 63. 6%, England 4. 4%, Mainland China 2. 4%, India 1. 9%, New Zealand 1. 9% and South Korea 1. 1%. The most common responses for religion were No Religion 24. 3%, Catholic 21. 6%, Anglican 18. 0%, Buddhism 3. 4%, Gosford Community News has been published fortnightly by Ducks Crossing Publications since 2010. Express Advocate, News Limited publish a weekly suburban style newspaper in the News Local group. 2GO - part of Southern Cross Austereo Sea FM ABC92.5 CoastFM96.3 StarFM104.5 EVT FM - Chinese radio network Gosford has a subtropical climate with warm summers. In summer, temperatures average about 27-28 °C in the day with high humidity, winters are mild with cool overnight temperatures and mild to occasionally warm daytime temperatures with lower humidity
8.
Wollongong
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Wollongong, informally referred to as The Gong, is a seaside city located in the Illawarra region of New South Wales, Australia. Wollongong lies on the coastal strip between the Illawarra Escarpment and the Pacific Ocean,82 kilometres south of Sydney. Wollongong had an urban population of 295,842 at June 2016, making it the third largest city in New South Wales after Sydney and Newcastle. The Wollongong metropolitan area extends from Helensburgh in the north to Shell Cove in the south and it has two cathedrals, churches of many denominations and the Nan Tien Temple, the largest Buddhist temple in the southern hemisphere. Wollongong has a history of coalmining and industry. The city attracts tourists each year, and is a regional centre for the South Coast fishing industry. The University of Wollongong has around 37,000 students and is internationally recognised, the name Wollongong is believed to mean seas of the South in the local Aboriginal language, referring to NSWs Southern Coast. Other meanings have been suggested, such as great feast of fish, hard ground near water, song of the sea, sound of the waves, many snakes, the area was originally inhabited by the Dharawal Indigenous Australians. The first Europeans to visit the area were the navigators George Bass and Matthew Flinders, the first settlers in the region were cedar cutters in the early nineteenth century, followed by graziers in 1812. Charles Throsby established a stockmans hut in the area in 1815, the first land grants were made in 1816. In 1830, a barracks was constructed near the harbour. Further settlers arrived and in 1834 a town was planned, on 26 November 1834, the town was first gazetted and George Brown erected the first court house. The main road down the Escarpment through Bulli Pass was built by labour in 1835-6, although other passes were built during the 1800s as well, such as OBriens Road. By 1856 Wollongong had a population of 864, in 1858, a court house was built. In 1861, a tramway from Mount Keira to the harbour was completed. In 1862 a telegraph line was opened between Wollongong and Bellambi, in 1865, the first gas supply in Wollongong was provided from a gas plant in Corrimal Street. In 1868 the extensions to the harbour were opened by Lady Belmore, patrick Lahiff established a coke works at Wollongong Harbour in the 1870s. He erected two beehive ovens between the north eastern end of the basin and Pulpit Rock
9.
Lismore, New South Wales
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Lismore had an estimated urban population of 29,413 at June 2015. The city of Lismore lies in the Bundjalung peoples nation area, however, the actual area of the Bundjalung people from Evans Head is currently under examination, as well as the actual origin of the name Bundjalung. It has been suggested that the Aboriginal people called the area Tuckurimbah meaning glutton. The European history of the city begins in c. 1843, ward Stephens took up the run in the same year, but the subtropical climate was unsuited for sheep grazing, so it was eventually abandoned. In January 1845, William and Jane Wilson took it over, the Wilsons were Scottish immigrants, who arrived in New South Wales in May 1833. In 1855, the surveyor Frederick Peppercorne was instructed by Sir Thomas Mitchell to determine a site for a township in the area, Peppercorne submitted his map of the proposed village reserve on 16 February 1856. The chosen site was William Wilsons homestead paddock and the area was proclaimed the Town of Lismore in the NSW Government Gazette on 1 May 1856, the township was soon settled and its Post Office was opened on 1 October 1859. Lismore was incorporated as a municipality on 5 March 1879, and was proclaimed a city on 30 August 1946. From the mid-1950s until the early 1960s Lismore hosted an annual Floral Carnival in early September, the week-long programme of events culminated in a street parade of decorated floats, crowning of the Floral Queen and a fireworks display. Lismore and surrounding towns were part of the rainforest referred to as The Big Scrub. A section of this rainforest is viewable in the grounds of the Southern Cross University and at Wilsons Nature Reserve on Wyrallah Road. Lismore is located on the Bruxner Highway and it lies at the confluence of the Wilsons River and Leycester Creek, brisbane, the state capital of Queensland, is 200 kilometres to the north. Lismores central business district is located 35 kilometres from the eastern coast, the coastal town of Ballina is 36 kilometres away. There are a number of rainforest patches in the area, remnants of the Big Scrub and these are preserved today, with a small pocket known as Boatharbour Reserve just east of town on the Bangalow road. The nearest large and publicly accessible national park is Nightcap National Park, Lismore experiences a humid subtropical climate with mild to warm temperatures all year round and ample rainfall. Temperatures in summer range between 20 °C and 35 °C, the subtropical climate combined with geographical features means the urban area is unusually humid when compared with surrounding areas, with humidity levels often reaching 100% in summer. Lismore has 109.6 clear days annually, although no major environmental hazards affect the area, Lismore is renowned for frequent floods. One of the worst of these occurred in 1974, when waters rose to a height of 12.1 metres, in 1954, Queen Elizabeth II and the Duke of Edinburgh almost became flood-bound by one such inundation when they were staying at the Gollan Hotel
10.
Governor of New South Wales
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The Governor of New South Wales is the viceregal representative of the Australian monarch, Queen Elizabeth II, in the state of New South Wales. In an analogous way to the Governor-General of Australia at the national level, the Governor is appointed by the queen on the advice of the Premier of New South Wales, for an unfixed period of time—known as serving At Her Majestys pleasure—though five years is the norm. The current Governor is retired General David Hurley, who succeeded Dame Marie Bashir on 2 October 2014, the office has its origin in the 18th-century colonial governors of New South Wales upon its settlement in 1788, and is the oldest continuous institution in Australia. The office of Governor is required by the New South Wales Constitution Act,1902, besides the administration of the oaths of office, there is no set formula for the swearing-in of a governor-designate. The sovereign will also hold an audience with the appointee and will at that time induct the governor-designate as a Companion of the Order of Australia. The incumbent will generally serve for at least five years, though this is only a convention. The premier may therefore recommend to the Queen that the remain in her service for a longer period of time. A governor may also resign and three have died in office, furthermore, if the Lieutenant Governor becomes incapacitated while serving in the office of Governor, the next most senior judge of the Supreme Court is sworn in as the Administrator. Between 1788 and 1957, all governors were born outside of New South Wales and were members of the Peerage. Taylor once noted that out and governing New South Wales became the British aristocracys abiding consolation. Coincidentally the first Australian-born Governor, Sir John Northcott on 1 August 1946, was also the first Australian-born Governor of any state, the first Governors were all military officers and the majority of governors since have come from a military background, numbering 19. Samuels was the first governor in New South Wales history without either a political, public service or military background, the first woman to hold this position is also the first Lebanese-Australian governor, Dame Marie Bashir. In this capacity, the governor will issue royal proclamations and sign orders in council, the Governor alone is constitutionally mandated to summon parliament. The governor grants Royal Assent in the Queens name, legally, if the governor withholds the Queens assent, the sovereign may within two years disallow the bill, thereby annulling the law in question. No modern viceroy has denied Royal Assent to a bill, with most constitutional functions delegated to Cabinet, the governor acts in a primarily ceremonial fashion. He or she will host members of Australias royal family, as well as foreign royalty, also as part of international relations, the governor receives letters of credence and of recall from foreign consul-generals appointed to Sydney. The governor is also tasked with fostering unity and pride, the governor also traditionally serves as Honorary and Regimental Colonel in the Royal New South Wales Regiment and as Honorary Air Commodore of No.22 Squadron, Royal Australian Air Force. Since 1946, the governor has also always made the Chief Scout of New South Wales
11.
Premier of New South Wales
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The Premier of New South Wales is the head of government in the state of New South Wales, Australia. The Government of New South Wales follows the Westminster system, with a Parliament of New South Wales acting as the legislature, prior to Federation in 1901 the term Prime Minister of New South Wales was used, Premier was used from 1901. The current Premier is Gladys Berejiklian, the Leader of the New South Wales Liberal Party, Berejiklian replaced Mike Baird on 23 January 2017, after Baird resigned as Premier. As of January 2017, nine former Premiers are alive, the oldest being Barrie Unsworth, the most recent premier to die was Tom Lewis on 25 April 2016. List of Premiers of New South Wales by time in office Deputy Premier of New South Wales
12.
Attorney General of New South Wales
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In addition, the Attorney General one of the Law Officers of the Crown. The current Attorney General, since 30 January 2017, is Mark Speakman, the Attorney General administers their portfolio through the Department of Justice and a range of other government agencies. From the beginning, the Attorney General has been the Crowns advisor and it was modelled after the office of the Attorney General for England and Wales. As such the Attorney General advises and represents the Crown and government departments in court, the person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments. The Attorney General also has powers over the prosecution of criminal offences. The Attorney General may appeal cases to the courts where, although the particular case is settled
13.
Executive Council of New South Wales
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The Executive Council of New South Wales is the cabinet of that Australian state, consisting of the Ministers, presided over by the Governor. The colonial Legislative Council, established in 1824, was subordinate to the Governor, made up of members of the New South Wales Legislative Assembly and the New South Wales Legislative Council, the cabinet is similar in structure and role to the Cabinet of Australia. As required by Section 35CA of the Constitution Act 1902, all prospective Executive Councillors must take the pledge of loyalty or oath of allegiance, once sworn in, the members of the council are entitled to bear the title The Honourable. All retentions of the title must, however, be approved by Royal proclamation, meetings of the Council almost always consist of the Governor, the Official Secretary to the Governor and a quorum of councillors, which is set at two. The Governor of New South Wales, as representative of the Queen in Right of New South Wales, heads the council, and is referred to as the Governor in Council. Other members of the Cabinet, who advise, or minister, most cabinet ministers are the head of a ministry, but this is not always the case. The sovereign or her viceroy govern by issuing Orders in Council, certified by the royal or viceroyal sign-manual and the Great Seal of New South Wales
14.
Parliament of New South Wales
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The Parliament of New South Wales, located in Parliament House on Macquarie Street, Sydney, is the main legislative body in the Australian state of New South Wales. It is a parliament elected by the people of the state in general elections. The parliament shares law making powers with the Australian Federal Parliament, the New South Wales Parliament follows the Westminster parliamentary traditions of dress, Green–Red chamber colours and protocol. The Parliament derives its authority from the Queen of Australia, Her Majesty Queen Elizabeth II, represented by the Governor of New South Wales and it consists of a lower house, the New South Wales Legislative Assembly, and an upper house, the New South Wales Legislative Council. Each house is elected by the people of New South Wales at elections held approximately every four years. The Parliament of New South Wales is Australias oldest legislature and it had its beginnings when New South Wales was a British colony under the control of the Governor. A small, appointed Legislative Council began meeting in 1824 to advise the Governor on legislative matters, by 1843, this had been enlarged with two-thirds of its members elected by adult males who met certain property requirements. The right to vote was extended to all males in 1858. In 1850 the Australian Colonies Government Act was passed by the Imperial Parliament and this expanded the New South Wales Legislative Council so that by 1851 there were 54 members – again, with two-thirds elected. In 1853, a committee chaired by William Wentworth began drawing up a Constitution for responsible self-government. The Committee’s proposed Constitution was placed before the Legislative Council in August that year and, for the most part, the Constitution, with an upper house whose members were appointed for life, was sent to the Imperial Parliament and was passed into law on 16 July 1855. The new Parliament of New South Wales was to be a bicameral legislature, on 22 May 1856, the newly constituted New South Wales Parliament opened and sat for the first time. With the new 54-member Legislative Assembly taking over the council chamber, in 1859 Queensland was made a colony separate from New South Wales. The Legislative Assembly was reduced from 80 to 72 members by the loss of the Queensland seats, in 1901, New South Wales became a state of the Commonwealth of Australia and many government functions were transferred to the new Commonwealth government. The current Constitution of New South Wales was adopted in 1902, women gained the right to vote in Commonwealth elections in April 1902 and in New South Wales state elections in August 1902. In 1918, reforms permitted women to be Members of Parliament and that same year, a proportional representation system was introduced for the Legislative Assembly with multiple representatives from each electorate, this system lasted until it was abolished in 1926. In 1925,1926 and 1929, Premier Jack Lang made attempts at abolishing the Legislative Council, following the example of the Queensland Legislative Council in 1922, in 1962 Indigenous Australians gained the right to vote in all state elections. In 1978, the Council became an elected body in a program of electoral reform introduced by the Wran Labor government
15.
Supreme Court of New South Wales
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The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, the Supreme Court building is physically located in Queens Square, Sydney, New South Wales. The first superior court of the Colony of New South Wales was established by letters patent dated 2 April 1814 and that charter provided that there should be a Supreme Court constituted by a Judge appointed by the Kings commission and two Magistrates. The charter also created the Governors Court and the Lieutenant-Governors Court, the jurisdiction of the Governors Court and the Supreme Court extended to Van Diemens Land. All three courts were concerned with civil matters only, the act was called an Act to provide for the better administration of justice in New South Wales and Van Diemens Land and for the more effectual government thereof and is commonly numbered as 4 Geo. The statute was passed on 19 July 1823, in consequence of this legislation, letters patent establishing the New South Wales Supreme Court were sealed on 13 October 1823, and proclaimed in Sydney on 17 May 1824. They are known as the Third Charter of Justice of New South Wales, previously, a person had to be admitted as such in the United Kingdom. However, ex-convicts were not permitted to be admitted, in 1840, a Port Phillip division of the Court was created, consisting of a single Resident Judge, to exercise the courts jurisdiction in the Port Phillip District of the Colony of New South Wales. The division existed until 1852, when it was replaced by the Supreme Court of Victoria following the creation of the Colony of Victoria, also in 1840, the Parliament of New South Wales established a separate equity division in the court. Limited jurisdiction in cases was granted in 1873 and full Admiralty jurisdiction was added in 1911. This process began in the United Kingdom with the passage of the Judicature Acts in 1873, since 1930, three generations of the Street family have served New South Wales as Chief Justice. Supreme Court Judges Carolyn Simpson, Margaret Beazley and Virginia Bell made headlines in April 1999 when the three sat in the Court of Criminal Appeal in Sydney. The Judges threw out an appeal from a computer hacker who had, out of sheer maliciousness. According to the Women Lawyers Association of NSW, there had never been a bench in England or New Zealand at the time. The court consists of 52 permanent judges,3 Acting Judges of Appeal,2 Acting Judges, Associate Judges deal with pre-trial motions and non-jury trials. The Chief Judge in each trial division also sits in the Court of Appeal from time to time, occasionally, puisne judges also sit in the Court of Appeal, though this is uncommon. The court hears very serious cases such as murder and treason, civil cases involving more than $750000, and civil matters such as wills, injunctions, and admiralty
16.
Appeal
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In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law, although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Appellate courts and other systems of error correction have existed for many millennia, during the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law employed a complex hierarchy of courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate, during this time, the Shogunate established hikitsuke, a high appellate court to aid the state in adjudicating lawsuits. Although some scholars argue that the right to appeal is itself a substantive liberty interest, in fact, commentators have observed that common law jurisdictions were particularly slow to incorporate a right to appeal into either its civil or criminal jurisprudence. Two years later, the right to appeals was extended to criminal cases. Some states, such as Minnesota, still do not formally recognize a right to criminal appeals, although some courts permit appeals at preliminary stages of litigation, most litigants appeal final orders and judgments from lower courts. A fundamental premise of many legal systems is that appellate courts review questions of law de novo, instead, appellate courts will generally defer to the record established by the trial court, unless some error occurred during the fact-finding process. Many jurisdictions provide a statutory or constitutional right for litigants to appeal adverse decisions, however, most jurisdictions also recognize that this right may be waived. In the United States, for example, litigants may waive the right to appeal, as long as the waiver is “considered, unlike trials, appeals are generally presented to a judge, or a panel of judges, rather than a jury. Before making any formal argument, parties will generally submit legal briefs in which the present their arguments. Appellate courts may grant permission for an amicus curiae to submit a brief in support of a particular party or position. After submitting briefs, parties often have the opportunity to present an argument to a judge or panel of judges. During oral arguments, judges often ask question to attorneys to challenge their arguments or to advance their own legal theories, after deliberating in chambers, appellate courts will issue formal opinions that resolve the legal issues presented for review. When considering cases on appeal, appellate courts generally affirm, reverse, some courts maintain a dual function, where they consider both appeals as well as matters of first instance. For example, the Supreme Court of the United States primarily hears cases on appeal, some jurisdictions maintain a system of intermediate appellate courts, which are subject to the review of higher appellate courts. The highest appellate court in a jurisdiction is referred to as a court of last resort
17.
Local Court of New South Wales
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The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Matters are heard before a magistrate sitting without a jury. The Local Court has no jurisdiction for claims in equity, on appeal, matters may be heard by the District Court of New South Wales including appeals against the sentence or conviction decided in the Local Court. The Chief Magistrate of the Local Court is Judge Graeme Henson, the first Local Court courthouse was constructed in 1821 at Windsor,56 kilometres northwest of Sydney. In addition to this, the Local Court, via its Small Claims Division, hears claims for less than $10,000, the local court has limited jurisdiction under the Family Law Act 1975 to hear and determine family law matters. The local court can deal with such as property settlements. A magistrate can imprison offenders for no more than two years per sentence and no more than the maximum of five years for multiple sentences. The Childrens Court is a division within the Local Court that hears matters involving minors, or those that have not yet reached the age of 18, the press can attend but may not publish the identity of the offender. The Coroners Court is another division within the Local Court that investigates violent or unnatural deaths, suspicious fires and/or explosions, but it cannot make orders to punish offenders
18.
Children's Court of New South Wales
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The court commenced on 18 January 1988. The treatment of offenders in the colony of New South Wales reflected the system of criminal law inherited from the United Kingdom. The law of Australia at that time was influenced by the social norms of English society. As a result, children criminals were treated no differently from adult criminals and they were liable to the same harsh penalties. The Judicial Commission of New South Wales cited an example of one English judge who, after condemning a 10-year-old boy to death, the Commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England. The first childrens court was established under the Neglected Children and Juvenile Offenders Act 1905, the court was set up in light of the widespread poverty and child neglect at that time. The courts had to assume the role of parent, protector, the present childrens court is constituted under the Childrens Court Act 1987. The Court is a court and is effectively a court of record. The court was established on 18 January 1988, the court is composed of magistrates of the Local Court of New South Wales who are appointed by the Chief Magistrate of the Local Court of New South Wales. A magistrate so appointed is called a Childrens Magistrate, the chief magistrate may, with concurrence of the Attorney General of New South Wales, appoint a childrens magistrate to be the President of the Childrens Court. The President of the Childrens Court is effectively a deputy magistrate of the Local Court. The President of the Childrens Court administers the court, arranges sittings of the Court, the President of the Childrens Court also confers regularly with community groups and social agencies on matters involving children and the Court. The court exercises criminal jurisdiction under the Children Act 1987, the court exercises care jurisdiction under the Children and Young Persons Act 1998. Until its repeal in 1998, the Children Act 1987 also covered the operations of the Court, Childrens Court Clinic List of New South Wales courts and tribunals Childrens Court Act 1987
19.
Order of Australia
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Before the establishment of the order, Australian citizens received British honours. The Queen of Australia is Sovereign Head of the Order, while the Governor-General is Principal Companion/Dame/Knight, the Governor-Generals Official Secretary is Secretary of the Order. The order is divided into a general and a military division, honorary awards at all levels may be made to deserving non-citizens – these awards are made additional to the quotas. The badge of the Order of Australia is a convex disc representing the Golden Wattle flower, at the centre is a ring, representing the sea, with the word Australia below two branches of golden wattle. The whole disc is topped by the Crown of St Edward, the AC badge is decorated with citrines, blue enamelled ring and enamelled crown. The AO badge is similar, without the citrines, for the AM badge only the crown is enamelled, and the OAM badge is plain. The AK/AD badge is similar to that of the AC badge, the star for knights and dames is a convex golden disc decorated with citrines, with a blue royally crowned inner disc bearing an image of the coat of arms of Australia. The ribbon of the order is blue with a stripe of golden wattle flower designs. AKs, male ACs and AOs wear their badges on a necklet, women usually wear their badges on a bow on the left shoulder, although they may wear the same insignia as males, if so desired. The orders insignia were designed by Stuart Devlin, the Order currently consists of four levels and the medal, in both general and military divisions. Since 2015, the level has been discontinued. Awards of Knight and Dame of the Order have been made in the division only. Military Division – Not awarded in the military division. There was a quota of four per year, excluding honorary appointments, the Knight- and Damehoods were conferred between 1976 and 1983, and again from 2014 till 2015. Although this level is not awarded anymore, several knight and dames of the Order are still alive, Companion General Division – Eminent achievement and merit of the highest degree in service to Australia or to humanity at large. Military Division – Eminent service in duties of great responsibility. Excluding honorary appointments, until 2003, no more than 25 Companions were appointed in any calendar year, in 2003 this was increased to 30. This was increased in 2016 to 35, Officer General Division – Distinguished service of a high degree to Australia or to humanity at large. Military Division – Distinguished service in responsible positions. Prior to 2003, the quota was 100 Officers appointed in any calendar year, in 2003 this was increased to 125. This was increased in 2016 to 140, Member General Division – Service in a particular locality or field of activity or to a particular group. Military Division – Exceptional service or performance of duty
20.
Court
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Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is known as the judiciary. The place where a court sits is known as a venue, the practical authority given to the court is known as its jurisdiction – the courts power to decide certain kinds of questions or petitions put to it. It is also usual in the courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters. The term the court is used to refer to the presiding officer or officials. The judge or panel of judges may also be referred to as the bench. In the United States, and other common law jurisdictions, the court by law is used to describe the judge himself or herself. In the United States, the authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction. The English word court is a cognate of the Latin word hortus, the verb to court, meaning to win favor, derives from the same source since people traveled to the sovereigns court to win his favor. The word jurisdiction comes from juris and dictio, jurisdiction is defined as the official authority to make legal decisions and judgements over an individual or materialistic item within a territory. Whether a given court has jurisdiction to preside over a case is a key question in any legal action. Three basic components of jurisdiction are jurisdiction over the person (personal jurisdiction, jurisdiction over the subject matter or thing. Other concepts of jurisdiction include general jurisdiction, exclusive jurisdiction, territorial jurisdiction, appellate jurisdiction, trial courts are courts that hold trials. Sometimes termed courts of first instance, trial courts have varying original jurisdiction, trial courts may conduct trials with juries as the finders of fact or trials in which judges act as both finders of fact and finders of law. Juries are less common in court systems outside the Anglo-American common law tradition, appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales may have both trial and appellate jurisdictions, the two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture although there are significant differences between the two traditions, civil law courts are profoundly based upon Roman Law, specifically a civil body of law entitled Corpus iuris civilis. Civil law is firmly ensconced in the French and German legal systems, Common law courts were established by English royal judges of the Kings Council after the Norman Invasion of Britain in 1066
21.
Australia
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Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the worlds sixth-largest country by total area, the neighbouring countries are Papua New Guinea, Indonesia and East Timor to the north, the Solomon Islands and Vanuatu to the north-east, and New Zealand to the south-east. Australias capital is Canberra, and its largest urban area is Sydney, for about 50,000 years before the first British settlement in the late 18th century, Australia was inhabited by indigenous Australians, who spoke languages classifiable into roughly 250 groups. The population grew steadily in subsequent decades, and by the 1850s most of the continent had been explored, on 1 January 1901, the six colonies federated, forming the Commonwealth of Australia. Australia has since maintained a liberal democratic political system that functions as a federal parliamentary constitutional monarchy comprising six states. The population of 24 million is highly urbanised and heavily concentrated on the eastern seaboard, Australia has the worlds 13th-largest economy and ninth-highest per capita income. With the second-highest human development index globally, the country highly in quality of life, health, education, economic freedom. The name Australia is derived from the Latin Terra Australis a name used for putative lands in the southern hemisphere since ancient times, the Dutch adjectival form Australische was used in a Dutch book in Batavia in 1638, to refer to the newly discovered lands to the south. On 12 December 1817, Macquarie recommended to the Colonial Office that it be formally adopted, in 1824, the Admiralty agreed that the continent should be known officially as Australia. The first official published use of the term Australia came with the 1830 publication of The Australia Directory and these first inhabitants may have been ancestors of modern Indigenous Australians. The Torres Strait Islanders, ethnically Melanesian, were originally horticulturists, the northern coasts and waters of Australia were visited sporadically by fishermen from Maritime Southeast Asia. The first recorded European sighting of the Australian mainland, and the first recorded European landfall on the Australian continent, are attributed to the Dutch. The first ship and crew to chart the Australian coast and meet with Aboriginal people was the Duyfken captained by Dutch navigator, Willem Janszoon. He sighted the coast of Cape York Peninsula in early 1606, the Dutch charted the whole of the western and northern coastlines and named the island continent New Holland during the 17th century, but made no attempt at settlement. William Dampier, an English explorer and privateer, landed on the north-west coast of New Holland in 1688, in 1770, James Cook sailed along and mapped the east coast, which he named New South Wales and claimed for Great Britain. The first settlement led to the foundation of Sydney, and the exploration, a British settlement was established in Van Diemens Land, now known as Tasmania, in 1803, and it became a separate colony in 1825. The United Kingdom formally claimed the part of Western Australia in 1828. Separate colonies were carved from parts of New South Wales, South Australia in 1836, Victoria in 1851, the Northern Territory was founded in 1911 when it was excised from South Australia
22.
States and territories of Australia
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Australia is a federation of six states, together with ten federal territories. The Australian mainland consists of five of the six federated states, the state of Tasmania is an island about 200 kilometers from the mainland. The remaining seven territories are classified for some purposes as external territories, aside from the Australian Antarctic Territory, which is Australias claim to part of Antarctica, Australia is the worlds sixth-largest country by total area. Since 2015, federal control has also extended to the formerly self-governing territory of Norfolk Island. Three of the territories are inhabited, the others are uninhabited. The term geographic Australia is used by the Australian government to describe the area covered by demographic statistics such as national population figures and this area comprises Christmas Island and the Cocos Islands in addition to the six states and three mainland territories. Norfolk Island is the territory with a native population that is not part of geographic Australia. Both territories were reincorporated as the Northern Territory at the end of this period, from 1923 to 1968, the United Nations Trust Territory of Nauru was under Australian administration, until independence as the Republic of Nauru. From 1949 to 1975, the Territory of Papua and New Guinea was a territory of Australia, the states originated as separate British colonies prior to Federation in 1901. Upon Federation, the six colonies of New South Wales, Victoria, Queensland, South Australia, Western Australia, the territories, by contrast, are from a constitutional perspective directly subject to the Commonwealth Government, laws for territories are determined by the Australian Parliament. Most of the territories are directly administered by the Commonwealth Government, in the self-governing territories, the Australian Parliament retains the full power to legislate, and can override laws made by the territorial institutions, which it has done on rare occasions. For the purposes of Australian intergovernmental bodies, the Northern Territory, each state has a Governor, appointed by the Queen, which by convention she does on the advice of the state Premier. The Administrator of the Northern Territory, by contrast, is appointed by the Governor-General, Jervis Bay Territory is the only non-self-governing internal territory. Until 1989, it was administered as if it were a part of the ACT, although residents of the Jervis Bay Territory are generally subject to laws made by the ACT Legislative Assembly, they are not represented in the Assembly. They are represented in the Parliament of Australia as part of the Electoral Division of Fraser in the ACT, in other respects, the territory is administered directly by the Federal Government through the Territories portfolio. The external territory of Norfolk Island possessed a degree of self-government from 1979 until 2015, each state has a bicameral parliament except Queensland, which abolished its upper house in 1922. The lower house is called the Legislative Assembly, except in South Australia and Tasmania, Tasmania is the only state to use proportional representation for elections to its lower house, all others elect members from single member constituencies, using preferential voting. The upper house is called the Legislative Council and is elected from multi-member constituencies using proportional representation
23.
Murder
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A murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, in most countries, a person convicted of murder generally faces a long-term prison sentence, possibly a life sentence where permitted. In many common law jurisdictions, a convicted of murder will receive a mandatory life sentence. In jurisdictions where capital punishment exists, the penalty may be imposed for such an act, however. The modern English word murder descends from the Proto-Indo-European mrtró which meant to die, the Middle English mordre is a noun from Anglo-Saxon morðor and Old French murdre. Middle English mordre is a verb from Anglo-Saxon myrdrian and the Middle English noun, the elements of common law murder are, Unlawful killing through criminal act or omission of a human by another human with malice aforethought. Killing – At common law life ended with cardiopulmonary arrest – the total, with advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life. Сriminal act or omission – Killing can be committed by an act or an omission. of a human – This element presents the issue of life begins. At common law, a fetus was not a human being, life began when the fetus passed through the vagina and took its first breath. By another human – In early common law, suicide was considered murder, the requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder. With malice aforethought – Originally malice aforethought carried its everyday meaning – a deliberate, Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice, all that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes malice. The four states of mind recognized as constituting malice are, Under state of mind, intent to kill, thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, intent follows the bullet, examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. In Australian jurisdictions, the risk must amount to a foreseen probability of death. Under state of mind, the doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape. Importantly, the underlying felony cannot be a lesser included offense such as assault, as with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation
24.
Treason
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In law, treason is the crime that covers some of the more extreme acts against ones nation or sovereign. Historically, treason also covered the murder of specific social superiors, Treason against the king was known as high treason and treason against a lesser superior was petty treason. A person who commits treason is known in law as a traitor, orans Dictionary of the Law defines treason as a citizens actions to help a foreign government overthrow, make war against, or seriously injure the. In many nations, it is often considered treason to attempt or conspire to overthrow the government. At times, the term traitor has been used as a political epithet, in a civil war or insurrection, the winners may deem the losers to be traitors. In certain cases, as with the Dolchstoßlegende, the accusation of treason towards a group of people can be a unifying political message. Treason is considered to be different and on occasions a separate charge from treasonable felony in many parts of the world. In English law, high treason was punishable by being hanged, drawn and quartered or burnt at the stake and those penalties were abolished in 1814,1790 and 1973 respectively. The penalty was used by later monarchs against people who could reasonably be called traitors, many of them would now just be considered dissidents. His treachery is considered so notorious that his name has long been synonymous with traitor, christian theology and political thinking until after the Enlightenment considered treason and blasphemy as synonymous, as it challenged both the state and the will of God. Kings were considered chosen by God, and to ones country was to do the work of Satan. Many nations laws mention various types of treason, Crimes Related to Insurrection is the internal treason, and may include a coup detat. Crimes Related to Foreign Aggression is the treason of cooperating with foreign aggression positively regardless of the national inside and outside, Crimes Related to inducement of Foreign Aggression is the crime of communicating with aliens secretly to cause foreign aggression or menace. Depending on a country, conspiracy is added to these, in Japan, the application of Crimes Related to Insurrection was considered about Aum Shinrikyo cult which caused religious terrorism. A person is not guilty of treason under paragraphs, or if their assistance or intended assistance is purely humanitarian in nature, the only permissible penalty for treason is life imprisonment. Section 24AA of the Crimes Act 1914 creates the offence of treachery. The Treason Act 1351, the Treason Act 1795 and the Treason Act 1817 form part of the law of New South Wales, Section 16 provides that nothing in Part 2 repeals or affects anything enacted by the Treason Act 1351. This section reproduces section 6 of the Treason Felony Act 1848, the offence of treason was created by section 9A of the Crimes Act 1958
25.
Piracy
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Piracy is an act of robbery or criminal violence by ship- or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable items or properties. Those who engage in acts of piracy are called pirates, the earliest documented instances of piracy were in the 14th century BC, when the Sea Peoples, a group of ocean raiders, attacked the ships of the Aegean and Mediterranean civilizations. Narrow channels which funnel shipping into predictable routes have long created opportunities for piracy, as well as for privateering and commerce raiding. Historic examples include the waters of Gibraltar, the Strait of Malacca, Madagascar, the Gulf of Aden, a land-based parallel is the ambushing of travelers by bandits and brigands in highways and mountain passes. While the term can include acts committed in the air, on land, or in major bodies of water or on a shore. It does not normally include crimes committed against people traveling on the vessel as the perpetrator. Piracy or pirating is the name of a crime under customary international law. They also use larger vessels, known as ships, to supply the smaller motorboats. The international community is facing challenges in bringing modern pirates to justice. In the 2000s, a number of nations have used their naval forces to protect ships from pirate attacks. The English pirate is derived from the Latin term pirata and that from Greek πειρατής, brigand, in turn from πειράομαι, I attempt, from πεῖρα, attempt, the meaning of the Greek word peiratēs literally is one who attacks. The word is cognate to peril. The term is first attested to c, spelling was not standardised until the eighteenth century, and spellings such as pirrot, pyrate and pyrat were used until this period. It may be reasonable to assume that piracy has existed for as long as the oceans were plied for commerce, the earliest documented instances of piracy are the exploits of the Sea Peoples who threatened the ships sailing in the Aegean and Mediterranean waters in the 14th century BC. In classical antiquity, the Phoenicians, Illyrians and Tyrrhenians were known as pirates, the ancient Greeks condoned piracy as a viable profession, it apparently was widespread and regarded as an entirely honourable way of making a living. References are made to its perfectly normal occurrence many texts including in Homers Iliad and Odyssey, by the era of Classical Greece, piracy was looked upon as a disgrace to have as a profession. In the 3rd century BC, pirate attacks on Olympos brought impoverishment, among some of the most famous ancient pirateering peoples were the Illyrians, a people populating the western Balkan peninsula. Constantly raiding the Adriatic Sea, the Illyrians caused many conflicts with the Roman Republic and it was not until 229 BC when the Romans finally decisively beat the Illyrian fleets that their threat was ended
26.
Colony of New South Wales
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The colony of New South Wales was a colony of the British Empire from 1788 to 1901, when it became a State in the federal Commonwealth of Australia on 1 January 1901. At its greatest extent, the colony of New South Wales included the present-day Australian states of New South Wales, Queensland, Victoria, Tasmania, South Australia, and New Zealand. On 18 January 1788, the First Fleet led by Captain Arthur Phillip founded the first British settlement in Australian history as a penal colony, having set sail on 13 May 1787, Captain Arthur Phillip assumed the role of governor of the settlement upon arrival, until 1792. In 1834, the British Parliament passed the South Australia Act 1834, on 16 November 1840, the British government issued the Charter for Erecting the Colony of New Zealand. The Charter stated that the Colony of New Zealand would be established as a Crown colony separate from New South Wales on 1 July 1841, a public meeting was held in 1851 to consider Queenslands proposed separation from New South Wales. On 6 June 1859, Queen Victoria signed Letters Patent to form the separate Colony of Queensland, brisbane was named as the capital city. On 10 December 1859, a proclamation was read by British author George Bowen, as a result, Bowen became the first Governor of Queensland. On 22 May 1860 the first Queensland election was held and Robert Herbert, Queensland also became the first Australian colony to establish its own parliament rather than spending time as a Crown Colony. History of New South Wales History of Australia History of Australia
27.
Equity (law)
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For much of its history, the English common law was principally developed and administered in the central royal courts, the Court of Kings Bench, the Court of Common Pleas, and the Exchequer. Equity was the given to the law which was administered in the Court of Chancery. The Judicature Reforms in the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation, the reforms did not effect any substantive fusion, however. Judicial or academic reasoning which assumes the contrary has been described as a fusion fallacy, jurisdictions which have inherited the common law system differ in their current treatment of equity. Over the course of the 20th century some common law began to place less emphasis on the historical or institutional origin of substantive legal rules. In England, Australia, New Zealand and Canada, Equity remains a distinct body of law, the latter part of the 20th century saw increased debate over the utility of treating Equity as a separate body of law. These debates were labelled the fusion wars, after the Norman Conquest of England in the 11th century, royal justice came to be administered in three central courts, the Court of Kings Bench, the Court of Common Pleas, and the Exchequer. The common law developed in royal courts. To commence litigation in these courts, it was necessary to fit ones claim within a form of action. The plaintiff would purchase a writ in the Chancery, the head of which was the Lord Chancellor, where the law provided no remedy, litigants could sometimes appeal directly to the King. Eventually, the King would delegate resolution of these petitions to the Kings Council and these petitions were eventually delegated to the Lord Chancellor himself. Christianity did play a role in creating Common Law, however it does not have any control or power in the court of law, in the early history of the United States, common law was viewed as a birthright. Both the individual states and the government supported common law after the American Revolution. U. S. courts draw on decisions of English courts, individual state courts, Chancellors often had theological and clerical training and were well versed in Roman law and canon law. By the 15th century the power of Chancery was clearly recognised. Equity, as a body of rules, varied from Chancellor to Chancellor, after the end of the 17th century, only lawyers were appointed to the office of Chancellor. Over time, Equity developed a system of precedent much like its common-law cousin, one area in which the Court of Chancery assumed a vital role was the enforcement of uses, a role that the rigid framework of land law could not accommodate. This role gave rise to the distinction between legal and equitable interests
28.
County of Cumberland, New South Wales
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Cumberland County is a county in the State of New South Wales, Australia. Most of the Sydney metropolitan area is located within the County of Cumberland and it includes the area of the Cumberland Plain. The county has been marked on maps since the start of the colony, in the nineteenth century, parts of the county were in the South and North Riding electoral districts from 1856 to 1859, which were replaced by Central Cumberland. There was also the Cumberland Boroughs electoral district, the State of New South Wales is divided up into 141 counties, for the purposes of surveying and the registration of land titles. Few Australian counties have ever had any government or administrative function, however, the County of Cumberland did have a county government, the Cumberland County Council, from 1945 to 1964. Its responsibilities were primarily limited to town planning on the metropolitan scale, the Cumberland County Council was not elected by the people, but rather was elected by councillors of the various local governments within the County. The council consisted of 10 councillors each elected to a single constituency, in 1948 the Council published the County of Cumberland planning scheme, a framework for accommodating expected postwar growth in the Sydney Basin. The objectives of the County Council were often in conflict with the aims of many State Government departments, as a result, the Cumberland County Council was dissolved in 1964. Its metropolitan planning functions were taken over by a new body, the State Planning Authority, as of 2011 this government department is the New South Wales Department of Planning and Infrastructure. There were thirteen hundreds in Cumberland County, which were published in a government gazette on 27 May 1835, unlike South Australia, the hundreds were never adopted anywhere else in New South Wales. Previously, the subdivisions of the area since the beginning of the colony were called districts, many of the parishes founded in 1835 kept the name of the district. Others were named after Anglican churches in the same area and this included three of the four small parishes in the Sydney city area, St Philip, St James, St Andrew. However St Lawrence parish gave its name to the church, rather than the way around. Lukes in Liverpool, St. Peters in Campbelltown
29.
Drug Court of New South Wales
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The Drug Court of New South Wales is an inferior court constituted as a court of record within the Australian court hierarchy with its jurisdiction limited to New South Wales, Australia. It is a specialist court that deals with offences in which the defendant has an addiction to illicit drugs. The Court exercises both local and district court jurisdiction and has a status to the District Court of New South Wales. Established pursuant to the Drug Court Act 1998, the Court was the first drug court of its type in Australia, the Court commenced on 5 February 1999. The court arose of the use of drug courts in the United States of America, the first participant commenced on 8 February. The Court is constituted by five Drug Court Judges, led by a Senior Judge, the Court operates from three locations in New South Wales, in Parramatta, Toronto, and Sydney CBD accepting referrals from the Local Court of New South Wales and the District Court. Matters referred to the Drug Court are then dealt with by that court, matters for persons not accepted onto the program may be dealt with by the Drug Court but are usually referred back to the originating court for dispensation. The Governor may appoint District Court Judges to be a Drug Court Judge, the Governor may also appoint one of those Drug Court Judges to be a Senior Drug Court Judge. The Court diverts drug dependent offenders into supervised treatment plans which aim to reduce or eliminate their drug dependence, treatment options offered include abstinence and pharmacotherapy programs, and may be provided in either a community or residential rehabilitation environment. There are four aspects that are common to each Drug Court program plan. Social support and the development of living skills, Regular reports to the Court regarding participant progress, and Regular testing for drug use. This process marks the commencement of the offenders Drug Court program, each participants program comprises three phases. Each phase has distinct goals that must be achieved before the participant graduates to the phase of their program. Phase One is the phase where participants are expected to reduce drug use, stabilise their physical health. In this phase, participants are required to undergo testing at least three times a week and to report back to the Drug Court once a week. Phase Two is the phase where participants are expected to remain drug-free and crime-free. In this phase, testing for use is conducted twice weekly. Phase Three is the phase where participants are expected to gain or be ready to gain employment
30.
Assault
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In criminal and civil law, assault is an attempt to initiate harmful or offensive contact with a person, or a threat to do so. It is distinct from battery, which refers to the achievement of such contact. An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm and it is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal, there is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery. The term is confused with battery, which involves physical contact. Assault usually accompanies battery if the assailant both threatens to make unwanted contact and then carries through with this threat. Thus throwing a rock at someone for the purpose of hitting him is a if the rock in fact strikes the person. Aggravated assault is, in some jurisdictions, a form of assault. Aggravated assault can also be charged in cases of attempted harm against police officers or other public servants, Assault can also be considered in cases involving the spitting on, or unwanted exposure of bodily fluids to others. Consent may be a complete or partial defense to assault, in some jurisdictions, most notably England, it is not a defense where the degree of injury is severe, as long as there is no legally recognized good reason for the assault. This can have important consequences when dealing with such as consensual sadomasochistic sexual activity. Legally recognized good reasons for consent include surgery, activities within the rules of a game, bodily adornment, however, any activity outside the rules of the game is not legally recognized as a defense of consent. In Scottish Law, consent is not a defense for assault, Police officers and court officials have a general power to use force for the purpose of performing an arrest or generally carrying out their official duties. Thus, an officer taking possession of goods under a court order may use force if reasonably necessary. In some jurisdictions such as Singapore, judicial corporal punishment is part of the legal system, the officers who administer the punishment have immunity from prosecution for assault. What constitutes reasonable varies in both law and case law. Unreasonable physical punishment may be charged as assault or under a statute for child abuse. Many countries, including some US states, also permit the use of punishment for children in school
31.
Assault occasioning actual bodily harm
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It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence. Anything interfering with the health or comfort of victim which is more than transient or trifling has been held by Australian courts to be actual bodily harm. The offence is created by section 24 of the Crimes Act 1900, the offence is created by section 59 of the Crimes Act 1900. Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, the offence is created by section 39 of the Offences against the Person Ordinance. It is triable on indictment and a person guilty of it is liable to imprisonment for three years. The common law offence of assault occasioning bodily harm was abolished. The offence is created by section 245 of the Penal Code, the words from and to the end, omitted in the third place, were repealed for England and Wales by section 170 of, and Schedule 16 to, the Criminal Justice Act 1988. The words with or without hard labour at the end were repealed for England, the text of this section is slightly different in Northern Ireland. James J. said, An assault is any act which intentionally—or possibly recklessly—causes another person to apprehend immediate, on the facts of the present case the assault alleged involved a battery. In R v Williams, the defendant was prosecuted for this offence, in R v Burstow, R v Ireland, one of the defendants was prosecuted for this offence. Lord Steyn said, The starting point must be that an assault is an ingredient of the offence under section 47 and it is necessary to consider the two forms which an assault may take. The first is battery, which involves the application of force by the defendant upon the victim. Usually, section 47 is used to prosecute in cases of this kind, the second form of assault is an act causing the victim to apprehend an imminent application of force upon her, see Fagan v. Metropolitan Police Commissioner 1 Q. B. The second form of assault referred to is the described as common assault in section 39 of the Criminal Justice Act 1988. Blackstones Criminal Practice,2001, says that occasioning is equivalent to causing and has a form of indictment that uses the word caused. In R v Roberts, the defendant gave a lift in his car, late at night, the girl said that while travelling in the defendants car he sought to make advances towards her and then tried to take her coat off. She said that this was the last straw, and although the car was travelling at speed, she jumped out. The defendant said that he had not touched the girl and he said that he had had an argument with her and that in the course of that argument she suddenly opened the door and jumped out
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Indecent assault
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Indecent assault is an offence of aggravated assault in some common law-based jurisdictions. It is characterised as a sex crime and has significant overlap with offences referred to as sexual assault, indecent assault is an offence in England and Wales under sections 14 and 15 the Sexual Offences Act 1956. It has now joined by the virtually identical offence of sexual assault under section 3 of the Sexual Offences Act 2003. It is defined as sexual contact with another person, exclusive of rape. The meaning of indecency depends upon prevailing views of what is unacceptable behaviour, in 1987 it was stated in the United Kingdom this includes indecent behaviour rather than contact and might include forcing someone to watch pornography or masturbation. This is also applicable to physical attack cases, including but not explicit to unwanted oral sex, the mens rea and actus reus of indecent assault are essentially as for common law assault and/or battery. However, there is the element of indecent circumstances. Indecent circumstances are currently identified by the following, An offence is indecent if a person would believe it indecent. An offence is not indecent if a person would believe it not indecent. If the offence cannot be assigned to either preceding category, then it will be indecent if it can be shown that the thought it indecent. In India it is punishable under section 354 of the Indian Penal Code, in New South Wales the offence of indecent assault is punishable under section 61L of the Crimes Act 1900. The Mens Rea and Actus Reus are the same for the common law offence of Assault with the distinction being that the act committed must have a sexual connotation
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Carnal knowledge
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Carnal knowledge is an archaic or legal euphemism for sexual intercourse. The term derives from the Biblical usage of the verb know/knew, as in the King James Bible and other versions, in criminal law, the phrase has had different meanings at different times and in different jurisdictions. The definition sometimes includes a set of sex acts that include sodomy, some laws do not define the term, and leave it to the courts to give it meaning, which also allows them to take into account changing community standards. Carnal knowledge has also sometimes meant sexual intercourse outside of marriage, the phrase is often found in this sense in modern legal usage, being equivalent to statutory rape in some jurisdictions, as the term rape implies lack of consent. A related term is carnal abuse, which is defined by Dictionary. com as any contact with the sexual organs of a child by an adult. Usually, but not always, this does not involve penetration, section 18 of the Offences against the Person Act 1828 reads as follows, The crimes of carnally abusing girls referred to were those created by section 17 of the Act. In cases decided under this section it was held that the slightest penetration was sufficient and this section was replaced by section 63 of the Offences against the Person Act 1861. The term was not used in the Sexual Offences Act 1956, which replaced it, the F Word, by Jesse Sheidlower, Random House,1999, ISBN 0-375-70634-8
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Robbery
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Robbery is the crime of taking or attempting to take anything of value by force, threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to deprive the person of that property. Precise definitions of the offence may vary between jurisdictions, under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word rob came via French from Late Latin words of Germanic origin, among the types of robbery are armed robbery involving use of a weapon and aggravated robbery involving use of a deadly weapon or something that appears to be a deadly weapon. Highway robbery or mugging takes place outside or in a place such as a sidewalk, street. Carjacking is the act of stealing a car from a victim by force, extortion is the threat to do something illegal, or the offer to not do something illegal, in the event that goods are not given, primarily using words instead of actions. Criminal slang for robbery includes blagging or stick-up, and steaming, in Canada, the Criminal Code makes robbery an indictable offence, subject to a maximum penalty of life imprisonment. If the accused uses a restricted or prohibited firearm to commit robbery, there is a minimum sentence of five years for the first offence. Robbery is an offence in the Republic of Ireland. Robbery is an offence in England and Wales. Aggravated theft Robbery is the offence of aggravated theft. Aggravated robbery There are no offences of aggravated robbery and this requires evidence to show a theft as set out in section 1 of the Theft Act 1968. In R v Robinson the defendant threatened the victim with a knife in order to recover money which he was actually owed and his conviction for robbery was quashed on the basis that Robinson had an honest, although unreasonable, belief in his legal right to the money. See also R v Skivington 1 QB166,2 WLR655,131 JP265,111 SJ72,1 All ER483,51 Cr App R167, CA. It was argued that the theft should be regarded as complete by this time, and R v Gomez, should apply, the threat or use of force must take place immediately before or at the time of the theft. Force used after the theft is complete will not turn the theft into a robbery, the words or immediately after that appeared in section 23 of the Larceny Act 1916 were deliberately omitted from section 8. The book Archbold said that the facts in R v Harman and it was held in R v Dawson and James that force is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden and Corcoran v Anderton, stealing may involve a young child who is not aware that taking other persons property is not in order
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Property crime
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Property crime is a category of crime that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime involves the taking of property, and does not involve force or threat of force against a victim, crimes against property are divided into two groups, destroyed property and stolen property. When property is destroyed, it could be called arson or vandalism, examples of the act of stealing property is robbery or embezzlement. Property crimes are crimes, with cash, electronics, power tools, cameras. Hot products tend to be items that are concealable, removable, available, valuable, burglary of residences, retail establishments, and other commercial facilities involves breaking and entering, and stealing property. Attempted forcible entry into a property is classified as burglary. As of 1999, there were 1.4 million residential burglaries reported in the United States, though, up to 50% of burglaries are not reported to the police. The clearance rate for burglary is low, with only 12. 7% of cases being solved in the United States in 2005, and 23% in the United Kingdom. In the United States, burglary rates are highest in August and lowest in February, with weather, length-of-day, fall and Winter are peak seasons for burglary in Denmark. Most residential burglaries occur on weekdays, between 10-11 a. m. and 1-3 p. m, when homes are the least likely to be occupied. The temporal pattern is reversed for non-residential burglaries, which are likely to occur at night. In the United States, equipment worth $300 million to $1 billion is stolen each year, large-scale tract developers are hardest hit by this form of crime. Distraction burglary is a form of burglary where the trick or dupe the occupant or distract them, allowing co-offender to gain access. The elderly are vulnerable to distraction burglary. Theft of cash is most common, over everything else, followed by parts, clothing. In 2005, only 18% of reported cases of larceny/theft were cleared in the United States, shoplifting is a specific type of theft, with products taken from retail shops without paying. Items popular with shoplifters include cigarettes, alcoholic beverages, and fashionable clothing, motor vehicle theft is a common form of property crime, often perpetrated by youths for joyriding. The FBI includes attempted motor vehicle thefts in its Uniform Crime Report definition, about 15-20% of motor vehicle thefts are committed for their auto parts or with an intent of re-selling them on the black market
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Larceny
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Larceny is a crime involving the unlawful taking of the personal property of another person or business. It was an offence under the law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. However, larceny remains an offence in parts of the United States and in New South Wales, Australia, the word larceny is a late Middle English word, from the Anglo-Norman word larcin, or theft. Its probable Latin root is latrocinium, a derivative of latro, the common law offence of larceny was abolished on 1 August 2002. However, proceedings for larceny committed before its abolition are not affected by this, the common law offence of larceny was codified by the Larceny Act 1916. It was abolished on 1 January 1969, for all purposes not relating to offences committed before that date and it has been replaced by the broader offence of theft under section 1 of the Theft Act 1968. This offence did incorporate some of the terminology and substance of larceny, the common law offence of larceny was abolished on 1 August 1969, for all purposes not relating to offences committed before that date. It has been replaced by the offence of theft under section 1 of the Theft Act 1969. In the United States, larceny is a common law crime involving theft, under the common law, larceny is the trespassory taking and carrying away of the tangible personal property of another with the intent to deprive him or her of its possession permanently. In almost all states, it has become a crime through codification. In the state of New South Wales, the common law offence of larceny is punishable with up to 5 years imprisonment. Whilst section 117 of the New South Wales Crimes Act specifies the punishment for larceny, it is silent on the elements of the offence, the leading authority on larceny in NSW is the High Court case of Ilich. This case stipulates the mens rea and actus reas elements required to be proven by the prosecution for a successful conviction, Larceny is a crime against possession. Furthermore, it has two elements which must be met, the taking of the property, even if momentarily. Larceny involves the taking of property from possession of another. To understand larceny, one must understand the distinction between custody and possession, a person has possession of property when he has actual physical control over the property or he has the right to exercise considerable control over the disposition or use of the property. A person has custody if he has actual physical control of the property, examples of custody would be a store customer examining the goods of a merchant, or an employee who has been given the property of his employer to be used in his employment. This is to be contested to, for example, a person who has obtained possession of the property by fraud
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Illicit drug use in Australia
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Illicit drug use in Australia is the recreational use of prohibited drugs in Australia. Illicit drugs include illegal drugs, pharmaceutical drugs used for non-medical purposes. According to government and community organisations, the use and abuse of drugs is a social, legal. Prior to Australian Federation, there was little response to the use of illicit substances. Opium was mostly regulated via colonial trade laws, with most government interventions taking the form of warning labels, according to the Victorian Premiers Drug Advisory Council in 1899, there were three main classes of opium users. The first class of users were middle-class, middle-aged women who took the drug for menstrual pain or to alleviate the symptoms of depression. The second class of opium users included doctors, nurses and other health professionals, the third class were Chinese immigrants, amongst whom the drug was primarily used as a recreational substance. Many of the attempts to control opium were motivated by racism, with Anglo-Celtic Australians Australians citing opium use by Chinese Australians as a danger to health. As Australia approached Federation, a number of bills were passed in state parliaments to restrict the use of opium. With the introduction of laws and policies which prohibited the import and use of opium, a customs report in 1908 noted that it is very doubtful if such a prohibition has lessened to any great extent the amount bought into Australia. Following World War I, the Hague Conference and The Treaty of Versailles began to set international agreements on drug laws. Britain signed the treaties on behalf of Australia, and from this point on, Australias State and Territory governments have created their own laws, illicit drug use in Australia was popularized in Australia in the 1960s. American troops stationed in major Australian cities such as Sydney provided access to drugs like heroin. I. A, subsequently, drug use increased in the 1960s and 1970s, as did laws prohibiting illicit drug use and police powers. Since this period, Kings Cross has retained its reputation for vice and has remained a destination for tourists. Prior to this time, drugs had been synonymous with Kings Cross, in 1932, Phil Jeffs established one of the areas most notorious nightclubs, the Fifty-Fifty club, in which gambling, sex work, sly-grog and cocaine were freely available. Jeffs avoided police attention by bribing high profile police officers to refrain from raiding the club, Drug use increased exponentially by the mid-1980s. In 1985, Australias Prime Minister, Bob Hawke, revealed in a televised interview that his daughter. Following Hawkes admission, a new initiative, the National Campaign Against Drug Abuse, was launched
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