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Firearm Prohibition Orders – Expanded Search Powers for Police

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September 24, 2015

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The NSW Ombudsman is conducting a review into the Police’s powers to enforce Firearms Prohibition Orders. Over the last few years in NSW, there has been considerable public concern about the level of firearm violence, especially in parts of South Western Sydney. Despite the fact that the statistics show that firearm crimes have generally been decreasing over the past few years media coverage of firearms offences has at times reached a fever pitch. As a consequence, several legislative changes were made. This included expanded Police powers to deal with persons who refused […]


Police Carrying Guns in Court

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September 17, 2015

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On Tuesday, 4 August 2015 the Deputy Premier of New South Wales, Mr Troy Grant, made a media release stating that Police will now be able to wear their guns in court. This new protocol took effect on 10 August 2015. Prior to this protocol being introduced by the NSW Government, police were not permitted to bring their guns into a courthouse or courtroom unless they sought and gained special permission from a judicial officer.  The media release cites Australia’s heightened terrorism alert and the risk posed to police, judicial officers […]


Home Breath Tests – ACT

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September 10, 2015

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The recent case of real-estate agent Bernard Nash received a blaze of publicity when he beat a drink-driving charge partly because police breath- tested him at his home. While Mr Nash’s matter was heard in a NSW court, and involved a number of other elements, Canberra drivers should be aware that they receive particular protection in relation to breath-testing at their homes. It is based on the long-established legal principle that a person’s home is their castle. Particularly, ACT legislation (the Road Transport (Alcohol and Drugs Act) 1977) says that police […]

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