COVID-19 Update

17 December

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COVID data
NSW recorded three new cases of locally acquired COVID-19 in the 24 hours to 8pm last night. Six cases were reported in overseas travellers in hotel quarantine. Two of the local positive cases live on the Northern Beaches and attended multiple venues while infectious. NSW Health has published the list of venues and those who attended are being urged to immediately get tested and self-isolate. No links as of yet have been established between these two cases and previously reported cases. The other local case recorded in today’s numbers is a man who has been providing transport for aircrew from Sydney Airport to their hotel. He attended a sporting event in Peakhurst on December 11 while infectious and anyone who was also there is advised to get tested. Two additional new locally acquired cases were notified this morning in the Northern Beaches area and will be included in tomorrow’s numbers. Urgent investigation and contact tracing is ongoing into all locally acquired cases. The total number of cases in NSW since the start of the pandemic remains at 4477. More information available here.
COVID testing sites
A new pop-up clinic rapidly established in Avalon is now open. More than 300 COVID-19 testing clinics will be open during the Christmas break. NSW Health has asked those feeling unwell not to delay a test and to check the official government website on the day they require one for up-to-date clinic information. More details on testing and how to have a COVID safe festive season here.
Solicitor Outreach Service
The Solicitor Outreach Service (SOS) will continue to operate during the upcoming holiday period. SOS is a confidential psychological counselling service for NSW solicitors, delivered by third-party provider PeopleSense by Altius. NSW solicitors can call SOS on 1800 592 296 for access to:
  • Up to three counselling sessions with an SOS psychologist per financial year, paid for by the Law Society of NSW
  • 24/7 telephone crisis counselling with a psychologist.
Since July 2020, SOS has been providing help to NSW solicitors experiencing a range of mental health and wellbeing related concerns. You don’t have to be at breaking point to access this service.
Increase in public transport capacity
As of Monday 14 December, passenger capacity numbers on all form of public transport in NSW have increased. As community transmissions remain low in NSW, the increased capacity will help improve services across the state’s public transport network. Passenger capacity on public transport is expected to increase over the summer months. Additional transport services and enhanced cleaning will continue to help transport passengers safely. All those travelling on public transport are encouraged to wear a face mask. Read the NSW Government’s release here.
Supreme Court update
NSW Supreme Court Chief Justice Tom Bathurst has published a reflection on 2020, thanking judges and staff for their work keeping the courts open during the harshest COVID-19 restrictions. Chief Justice Bathurst says going forward the court will adopt a “hybrid model” with “a mixture of in-person and virtual courtroom methods”. Read the full statement here.
Appearances in the District Court 2021
With easing of the COVID-19 pandemic restrictions in NSW, the District Court’s general policy for 2021 in its criminal and civil jurisdictions will be for appearances in Court to be in person. However, the following lists will be conducted remotely:

Criminal Jurisdiction: Country call-overs and readiness hearings in the District Court at Sydney. Consent applications to vary bail.

Civil Jurisdiction: All lists conducted by Judges, the judicial registrar and assistant registrars.

Lawyers will have the option to appear at pre-trial call-overs and arraignment lists at the Downing Centre by AVL.  All lists in courts other than the Downing Centre will continue to be conducted in accordance with the directions of the List Judge or Resident Judge. Judges have the discretion to limit the number of persons in a courtroom to ensure strict adherence to government endorsed social distancing restrictions. Social distancing restrictions in operation from 1 January 2021, will be in accordance with 1.5m spacing and 2m2 principles. The Court may vary or add to any of its procedures at short notice to respond to advice from NSW Health or changing conditions. The health of Judges and court users remains the Court’s priority. The latest updates are available here.

Changes to Local Court Practice Note Crim 1 – Domestic Violence Complainants Giving Evidence and DV Time Standard
Changes are set out in the attached practice note. The amendments made in this update include the following:
  • Part C, Chapter 10, ‘Summary Hearings for Domestic Violence Offences’ is amended to increase the Time Standard for listing domestic violence offences for hearing (where a plea of not guilty is entered) from 3 months to 6 months.
  • Part C, Chapter 10 is further amended to insert a new paragraph 10.3(b) outlining the procedure for the prosecution to notify the court at first mention if the complainant wishes to exercise an entitlement while giving evidence (or chooses not to exercise any entitlement) pursuant to section 289V of the Criminal Procedure Act 1986.
  • Attachment E ‘Notice: Evidence of Domestic Violence Complainant in Criminal Proceedings’ is inserted to facilitate the above procedure.

The amended Practice Note will apply as follows:

  • The increased Time Standard of 6 months will apply to all domestic violence offences which are listed for hearing from 18 December 2020.
  • The new procedure at paragraph 10.3(b) will apply to all domestic violence offences charged after 18 December 2020.
Could you benefit from a digital detox?
For many of us, our mobile phones and other digital devices are an integral part of our lives. Our attachment to these devices has continued to increase this year because of COVID-19 and the changes in how we go about our professional and personal lives. If your use of digital devices has at times felt problematic or excessive, why not try some of the strategies outlined in this article to help cut back?
Merry Christmas to all

Today is the final COVID-19 update for the profession for 2020. We hope the updates have been helpful to members as they navigated the challenges of this year. From all of us at the Law Society of NSW, Merry Christmas and a safe and happy festive season. Details on the Law Society’s Christmas closure are available here.