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Revenge Porn

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October 24, 2016

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The NSW Government has announced it will introduce new laws to address community concerns about the rising levels of “Revenge Porn”. Revenge porn is somewhat of a misleading name. It usually describes when a person, usually a recently spurned romantic partner, posts revealing or explicit photographs of the other person online. Unlike pornography, the pictures are seldom posted with an intended to titillate or arouse. Rather the purpose is as set out in the first half of the name: revenge. New technologies have made it easier than ever to share photos […]


Bail Powers ACT

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October 19, 2016

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Bail is one of the most contentious issues in the criminal-justice system. On one hand, the community demands protection from those who might commit offences. On the other, it supports the presumption of innocence. It is always a balancing act. The ACT Government has plans to go out on a limb and introduce a bail regime that would give the office of the Director of Public Prosecutions extraordinary powers, particularly the ability to keep a person in gaol even though a court had said they should be free. Both the ACT […]


Major offences in another jurisdiction cannot be considered first offences in NSW

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October 6, 2016

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In the Road Transport Act 2013, if there are two major offences committed within a 5 year period, then the new offence is classed as a second or subsequent offence. The impact of a second or subsequent is that the available penalties are far greater. For example, if someone is caught for a second mid-range drink driving charge (PCA) within 5 years, then the term of imprisonment increases from 9 months to 12 months and the mandatory interlock provision will be applied. Prior to the Road Transport Act 2013 commencing, a […]


NSW Government Legalises Medical Marijuana

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October 3, 2016

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Doctors in New South Wales can legally prescribe medicinal marijuana to their patients, after Parliament enacted amendments to the regulations last month. Though this is welcome news to medical marijuana advocates, the process to obtain cannabis products is lengthy, complicated and highly regulated. On 1 August 2016, the NSW Parliament brought into force the Poisons and Therapeutic Goods Amendment (Designated Non-ARTG Products) Regulation 2016, a series of amendments to the Poisons and Therapeutic Goods Act 1966. Previously, medical marijuana was only legally available to participants in clinical trials or through NSW […]


ACT Police chases

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September 30, 2016

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Police chases have been controversial for a long time. On one hand, there is a view that police should do all in their capacity to stop offenders at all costs. On the other, it is said that no crime, and certainly not mere speeding, or driving unlicensed, or performing a burnout, should lead to the death of an invariably young offender. The ACT, where Labor governs with the support of one Green MP, is re-examing police chase guidelines and procedures. New protocols announced by the ACT Government and ACT Policing on […]


NSW to criminalise Revenge Porn

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September 22, 2016

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The NSW Attorney-General Gabrielle Upton announced on 5 September 2016 that the NSW Government will seek to criminalise what is colloquially known as “revenge porn”. Revenge porn can be categorised as “the distribution of intimate or sexually explicit images without the consent of the person, with the intention to cause harm”. The reason why it has been labeled as “revenge” is due to jaded ex-partners, seeking retribution on their ex-partner. The purpose of the new laws is to protect vulnerable people from intimate images being shared. At the present time, only […]


New Restrictions for P Platers in NSW

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September 12, 2016

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There has been a raft of new restrictions placed on all provisional drivers. These significant restrictions have come into play due to the spike in the rise of fatal accidents among young people. The primary target of these restrictions has been on the use of mobile phones, with any use of a mobile phone completely restricted. Initially, all drivers, including provisional drivers, were allowed to use their mobile phone to; make or receive a call, use the audio playing function for music as well as using the GPS. However, the use […]


Non-conviction disposals – a comparison between New South Wales and Queensland

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August 16, 2016

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In recent days, for reasons which are presently unclear, there has been some media attention given to the ability for courts in New South Wales to dispose of an offender without imposing a conviction against them. As the cynic might expect, this attention is not favourable and is accompanied by the shrill suggestion that there should be no way to avoid a conviction for contraventions of the law. A conviction is, in essence, a record against a person’s name that they have committed an offence against our law. In the ordinary […]


Racist and insulting comments made on social media sites

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August 3, 2016

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Not too long ago it seemed like “keyboard warriors” could get away with any comments they posted online, no matter how offensive, because they could hide behind the safety of their computer screen. However, with the continual rise of social media, the police are starting to crack down on racist and insulting comments made on such social media sites such as Facebook and Instagram. Laws governing offensive comments have recently been brought to light by the racist remarks made by a member of the public towards the outgoing Senator Nova Peris. […]


Crime Prevention Orders

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July 28, 2016

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New alleged crime prevention measures could seriously impact individual freedoms, according to the NSW Law Society and NSW Bar Association. The Crimes (Serious Crime Prevention Orders) Act and the Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 came into force in early May 2016. A Serious Crime Prevention Order can be issued against a broad range of individuals. These could seriously impact individual freedoms. The other Act allows the police to issue Public Safety Orders against individuals, or classes of people, which prohibit them from being at specified premises […]

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