What the National Day of Mourning means for NSW courts

Following the death of Queen Elizabeth II, Prime Minister Anthony Albanese announced 22 September will be recognised as a public holiday across the country to mark a National Day of Mourning.

The date has been declared a public holiday in NSW by the Minister for Employee Relations Damien Tudehope under section 5 of the Public Holidays Act 2010.

Shops and retailers can trade as they normally would on other public holidays such as Australia Day or New Year’s Day. But it will not be classed as a “restricted trading day” like Good Friday or Anzac Day. For banks and other financial institutions, it will be a “bank close day”.

Health Minister Brad Hazzard has instructed NSW Health to encourage all local health districts to retain as much of their planned elective surgery on 22 September as possible, subject to staff availability.

LSJ has pulled together a list of all the arrangements made by the Federal, Supreme, District and Local courts for the day. Here is everything you need to know about how the public holiday will impact the court system.

LOCAL COURT

Public Holiday Bail Court

• A Bail Court will operate physically at the Children’s Court at Parramatta, as it does on weekends, and will be staffed by Acting Magistrates.

Downing Centre

• Special fixtures already commenced will continue but will not sit on 22 September
• Special fixtures with their first day on 22 September will commence on 23 September
• Part heard matters will be adjourned for mention in either the week of 26 September or 4 October
• Matters listed in Court 5.1 will be adjourned for mention in either the week of 26 September or 4 October
• Custody matters already listed in Courts 4.2 and 4.3 will be listed on 23 September
• DPP matters listed on 22 September will be relisted on 20 September
• All matters for mention will be relisted in either the week of 26 September or 4 October.

All other Local Courts

• Part heard matters listed for finalisation on 22 September 2022 should be listed for mention only in the week commencing 26 September 2022 in order to fix a further part heard hearing date
• Parties in matters listed on 22 September for hearing should also be listed for mention only in the week of 26 September in order to fix a hearing date
• All matters listed for mention or sentence should be relisted for the week beginning 26.09.22 and 4 October 2022.  Priority should be given to matters where the defendant is in custody.

DISTRICT COURT CRIMINAL JURISDICTION

Part Heard Matters

• For matters that are part heard, Judges are to have their associate contact the parties to arrange a new date. In matters where a person is in custody, the associate is to inform the local registry for fresh warrants to be issued.  The new date is not to be confirmed until the Judge has contacted the criminal registry to ensure that the date is suitable to the Court.

Sydney District Court (Downing Centre)

• The pre-trial call-over will be brought forward in Court 3.1 to Wednesday 21 September 2022 at 9:30am. All Local Court appeals and sentence matters listed on 22 September 2022 will be brought forward for mention on Monday 19 September 2022 at 9:30am in Court 3.1.
• The criminal registry will notify the relevant parties and issue fresh warrants where necessary.

District Court venues other than Sydney

• In matters that are in Lists on 22 September 2022, NSW Chief Judge Derek Price suggests that these matters be brought forward for mention on Wednesday 21 September 2022 or on another earlier date suitable for the List Judge or Resident Judge.
• The local registry is to contact the relevant parties with the suitable date and issue fresh warrants where necessary.

DISTRICT COURT CIVIL JURISIDICTION

Notices of Motion

• The Judicial Registrar will be notifying the parties in Notices of Motion and other matters in the Online Court listed in Sydney on the public holiday of new dates.

Part Heard Matters

• For matters which are part heard and have been adjourned to recommence on 22 September 2022, Judges are to have their associate contact the parties to arrange a new date.
• The new date is not to be confirmed unless the Judge has contacted the civil registry to ensure the date is suitable to the Court.

DUST DISEASES TRIBUNAL NSW

Part Heard Matters

• For matters which are part heard and have been adjourned to re-commence on 22 September 2022, Judges are to have their associate contact the parties to arrange a new date. The new date is not to be confirmed unless the Judge has contacted the Registrar to ensure the date is suitable to the Tribunal

SUPREME COURT

Court of Appeal, Court of Criminal Appeal and Supreme Court

• Absent exceptional circumstances, civil and criminal matters on Thursday 22 September 2022 will be relisted on a new date.
• Registrars’ Lists and mediations will be relisted on a new date.
• Parties will be contacted by either the Judge’s Associate or registry regarding new dates.

Bail hearings

• Subject to the availability of the parties, the hearing of bail applications will continue as currently listed on Thursday 22 September 2022.
• Parties will be contacted by the Court of Criminal Appeal Registrar.

Duty Matters

• Urgent duty applications will be dealt with as they would be if an application were made on a weekend or public holiday.

FEDERAL COURT

The court will not be sitting next Thursday unless a matter cannot be rescheduled and is of such urgency or necessity that would require a sitting on a public holiday. Any decision to sit will be made by the docket judge or the judges of a Full Bench after consultation with the National Operations Registrar and the Chief Justice. If a party has any doubt as to their matter, enquiries should be made of the docket judge or the National Operations Registrar. Duty judges and duty registrars will remain available for urgent applications.

NSW PERSONAL INJURY COMMISSION

The following urgent arrangements are being put in place with respect to the Commission’s scheduled operations for that day:

Workers Compensation Division – Conciliation/Arbitration Hearings, Preliminary Conferences, Mediations: All of these events will now not proceed on 22 September 2022. The Commission Registry will be in touch with parties in order to arrange a new date.

Motor Accidents Division – Assessment Conferences and Preliminary Conferences: These matters will now not proceed on 22 September 2022. The Commission Registry will be in touch with parties in order to allocate a new date.

Medical Assessments: The Commission has a preference to utilise as many medical assessments that have been scheduled as can sensibly be used. There are a discrete number of psychiatric assessments scheduled for 22 September 2022.  Medical Assessors concerned are being contacted to ascertain whether they are willing to proceed to conduct the assessment online on that date.  Many omedical assessments take place at the Medical Assessors’ rooms, which will now be closed for the public holiday on 22 September 2022. The Commission’s Medical Services Directorate will undertake the task of rescheduling these assessments. The Commission’s medical suites will not be operating on 22 September 2022. The Commission will endeavor to reschedule the 22 September medical assessments at the earliest date possible. In some circumstances this may involve the assessment taking place outside of usual hours.