NSW recorded 406 locally acquired cases of COVID-19 in the 24 hours to 8pm last night from 85,133 tests. Sadly, six deaths were recorded in that same time period. Our thoughts are with their loved ones. NSW Health has reported that 19,313 vaccines were administered in the same time period. Across NSW, 91.1 per cent of people aged 16 and over have received a first dose of COVID-19 vaccine, and 76.5 per cent are fully vaccinated (as of 11.59pm on 12 October) In the 12-15 year old age group, 71 per cent have had their first dose, and 23.3 per cent are fully vaccinated. More details on today’s case and vaccination numbers here.

The Court has published a practice note regarding the resumption of jury trials at The Downing Centre, John Maddison Tower, Campbelltown, Dubbo, Gosford, Katoomba, Newcastle, Parramatta, Penrith and Wollongong Courts. The temporary suspension of jury trials at these venues will be lifted on 25 October 2021. The steps the Court will take to enable the return of jury trials, in a way that is in the interests of the health and wellbeing of all court participants, will build on the measures implemented last year. This includes the enlargement of jury rooms, the hiring of external facilities for jury deliberation and empanelment, 4 square metre physical distancing, and mandatory face mask wearing for all court participants. Additional steps the Court will take to facilitate the safe resumption of jury trials include: all jurors being vaccinated against COVID-19; and all court participants undergoing rapid antigen screening at least twice-weekly or as otherwise required by the Sheriff of NSW. Read the full note here.

With the easing of restrictions and increased vaccination rates, applications may be made for leave to be granted for in person appearances in civil trials which are listed for hearing on or after 25 October 2021. All other matters will continue to be heard by use of the virtual courtroom. Read the note here.

From Monday 18 October the Court will recommence a limited number of live hearings. These will resume under the following conditions: one live hearing per floor, civil matters only (including appeals), no motions and multiple parties allowed. Each party will be allowed: three legal representatives, a client representative and witnesses. There will no in-person media or members of the public allowed; they can access through AVL or telephone only. Read about the proposed changes from 25 October and early December here.

Over the past five years Corrective Services NSW (CSNSW) has provided re-purposed laptops to more than 220 inmates to facilitate their access to electronic briefs. During this current pandemic, devices have been hard to obtain and CSNSW is not presently able to meet all requests. The E-brief Committee, which is made up from agency stakeholders, will review applications but not all requests for laptops will be able to be met in the immediate future. To ensure that inmates have access to their brief it is suggested that practitioners:

1. Obtain a paper copy of the brief from the prosecuting agency if possible.
2. Provide a paper copy of the brief to their client. This will be held in the inmate’s property and the inmate will need to request access to it.
3. Encourage the use of blue computers if a paper copy is not available.
4. Provide clear details of why an application is urgent should an application for a laptop still be necessary.

The E-brief Committee will monitor the situation.

Many small businesses have reopened this week in line with the rules and requirements of the NSW Government’s roadmap. To assist small businesses to open safely, the Small Business Commissioner has published guidance and answers to key questions about vaccination, mask wearing and social distancing requirements. The Commissioner, has noted the concerns of small businesses in handling the vaccination status of customers. Read the advice here.

The Australian Bureau of Statistics has published its latest employment data. The Bureau says extended lockdowns in NSW, Victoria and the ACT saw employment and hours worked both drop back below their pre-pandemic levels. In September 2021, there were 111,000 fewer employed people (0.9 per cent) and 2.0 per cent fewer hours worked than in March 2020. The unemployment rate rose 0.1 percentage points from 4.5 per cent to 4.6 per cent in September 2021. Read the report here.