{"id":"nsw:act-1981-084","name":"Felons (Civil Proceedings) Act 1981","slug":"felons-civil-proceedings-act-1981","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"84 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108072,"registerId":"nsw-act-1981-084-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Felons (Civil Proceedings) Act 1981](/view/html/inforce/current/act-1981-084).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Except as provided in subsection (2), this Act shall commence on the date of assent to this Act.\n> \n> > (2) Sections 3–8 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Leave to sue required for persons convicted of serious indictable offences","content":"#### 4 Leave to sue required for persons convicted of serious indictable offences\n\n4 Leave to sue required for persons convicted of serious indictable offences\n\n> A person who is in custody as a result of having been convicted of, or found to have committed, a serious indictable offence may not institute any civil proceedings in any court except by the leave of that court granted on application.\n> \n> **s 4:** Am 1999 No 94, Sch 4.111 \\[2\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Grant of leave","content":"#### 5 Grant of leave\n\n5 Grant of leave\n\n> A court shall not, under section 4, grant leave to a person to institute proceedings unless the court is satisfied that the proceedings are not an abuse of process and that there is prima facie ground for the proceedings.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Refusal of leave—appeal","content":"#### 6 Refusal of leave—appeal\n\n6 Refusal of leave—appeal\n\n> > (1) Subject to subsection (2), a person to whom leave referred to in section 4 has been refused may appeal against the refusal as if the decision to refuse the leave were a decision on a point of law.\n> \n> > (2) An appeal shall not lie to the Court of Appeal (within the meaning of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052)) from an order refusing leave referred to in section 4 except by the leave of the Court of Appeal.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Right of appearance","content":"#### 7 Right of appearance\n\n7 Right of appearance\n\n> At the hearing or determination of an application or appeal under this Act, except by the leave of the court to which the application or appeal is made:\n> \n> > (a) the applicant or appellant, as the case may be, is not entitled to appear in person, and\n> \n> > (b) the person who would, if the proceedings to the institution of which the application or appeal relates were instituted, be the defendant in those proceedings, is not entitled to appear or be represented.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Rules of court","content":"#### 8 Rules of court\n\n8 Rules of court\n\n> Rules of court may be made for or with respect to the practice and procedure to be followed in relation to applications or appeals under this Act.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Provisions consequent on enactment of Crimes Legislation Amendment (Sentencing) Act 1999","content":"#### 9 Provisions consequent on enactment of Crimes Legislation Amendment (Sentencing) Act 1999\n\n9 Provisions consequent on enactment of [Crimes Legislation Amendment (Sentencing) Act 1999](/view/pdf/asmade/act-1999-94)\n\n> > (1) Section 3, as in force immediately before its repeal by the 1999 amending Act, continues to have effect in relation to any person who was convicted of a felony before the repeal of that section.\n> \n> > (2) Sections 4–7, as in force immediately before their amendment by the 1999 amending Act, apply to a person who was convicted of a felony before their amendment as if the person had been convicted of a serious indictable offence.\n> \n> > (3) In this section, 1999 amending Act means the [Crimes Legislation Amendment (Sentencing) Act 1999](/view/pdf/asmade/act-1999-94).\n> \n> **s 9:** Ins 1999 No 94, Sch 4.111 \\[3\\].","sortOrder":9}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent since commencement in 1981, with no significant amendments evident. The current version has been in force unchanged since 1 January 2000, suggesting the scope has not materially shifted from the original purpose of clarifying civil litigation rights for convicted persons."},"complexity_factors":["The Act itself is short and narrowly focused on a specific legal issue (civil litigation rights of convicted persons)","It addresses a niche intersection of criminal law history and civil procedure","The underlying common law background (attainder and civil death doctrine) requires some historical legal knowledge to fully appreciate","The actual operative provisions were not included in the provided text, limiting full analysis","Short, purpose-driven legislation with limited scope reduces overall complexity"],"plain_english_summary":"## Felons (Civil Proceedings) Act 1981 (NSW)\n\n**What this law is about:**\nThis is a NSW law that deals with the rights of **felons** (people convicted of serious crimes) to bring or participate in **civil legal proceedings** (non-criminal court cases, like suing someone for money or property).\n\nHistorically, under old English common law, people convicted of serious crimes (felonies) lost many of their civil rights — including the right to sue in court. This Act was designed to modernise that position and clarify what rights convicted persons retain when it comes to civil court cases.\n\n**Who it affects:**\n- People who have been convicted of serious criminal offences in NSW\n- Anyone involved in a civil dispute with such a person\n- Courts dealing with civil matters involving convicted persons\n\n**Why it matters:**\nWithout this Act, convicted persons could face significant barriers to accessing civil justice — for example, being unable to sue someone who wronged them, or being unable to enforce contracts. The Act brings NSW law in line with modern principles of fairness and access to justice.\n\n**Important note:** The document provided contains only the metadata and administrative information about this Act — the actual operative provisions (the sections that set out the rules) are not included in the text provided. The summary above reflects the purpose of the Act based on its title and historical context."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was amended in 1999 to replace earlier references to \"felony\" with \"serious indictable offence\" and to repeal section 3; transitional provisions preserve the prior rules for persons convicted of a felony before the 1999 amendments and treat such convictions as if they were for a serious indictable offence for the purposes of ss 4–7 (s 9). Those amendments therefore changed the statutory terminology and adjusted which convictions are captured while keeping legacy cases governed by the prior form of the law (s 9)."},"complexity_factors":["Narrow subject matter but with procedural detail (leave requirement, test for leave) (s 4–5)","Judicial discretion in granting leave and limits on personal appearance/representation (s 5–7)","Appeal limited to point of law and requirement of leave for Court of Appeal (s 6)","Rule-making power allows procedural variation between courts (s 8)","Transitional provisions preserving pre-1999 law for earlier convictions, requiring different application depending on conviction date (s 9)"],"plain_english_summary":"This Act bars people in custody for a serious indictable offence (and certain pre‑1999 “felony” convicts) from commencing civil proceedings unless a court first grants leave. The court must be satisfied the claim is not an abuse of process and has a prima facie case. It thus creates a judicial gatekeeping step that limits access to civil remedies, shifts costs and procedural burdens onto applicants, and affects courts and potential defendants."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation has not grown significantly beyond its original purpose. Enacted in 1981 to curb civil litigation by convicted felons, its core mechanism (court leave under s 4) was updated in 1999 only to replace outdated 'felony' terminology with 'serious indictable offence' and to add savings provisions. The restriction remains narrowly targeted at persons in custody for serious criminal matters."},"complexity_factors":["Interplay between repealed s 3 and transitional savings in s 9 following 1999 criminal law reforms","Cross-references to the Supreme Court Act 1970 (for Court of Appeal leave) and the Crimes Legislation Amendment (Sentencing) Act 1999","Procedural restrictions in s 7 that bar personal appearance or defendant representation without court leave","Conditional logic in ss 5–6 requiring satisfaction on 'abuse of process' and 'prima facie ground' before any appeal rights crystallise"],"plain_english_summary":"**This law restricts prisoners** who are locked up after being convicted of a serious indictable offence (a major crime that can be tried by a jury). They cannot start any civil court cases (such as suing for damages, defamation, or contract disputes) unless a judge first gives them special permission. \n\nThe court will only grant permission if it decides the case is **not an abuse of process** (not frivolous, vexatious, or a waste of court time) and there is at least a basic realistic chance of success (called a 'prima facie ground'). \n\nThe Act also sets out appeal rights if permission is refused, prevents the prisoner from usually appearing in person at the permission hearing, and allows courts to make procedural rules. Transitional rules protect the law's effect for older convictions. \n\nIt matters because it balances access to justice with stopping prisoners from flooding the courts with hopeless claims while they are serving sentences."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/felons-civil-proceedings-act-1981","history":"/api/acts/felons-civil-proceedings-act-1981/history","analysis":"/api/acts/felons-civil-proceedings-act-1981/analysis","conflicts":"/api/acts/felons-civil-proceedings-act-1981/conflicts","importantCases":"/api/acts/felons-civil-proceedings-act-1981/important-cases","documents":"/api/acts/felons-civil-proceedings-act-1981/documents"}}