That said, there are still health precautions in place – these include:

Masks are mandatory

Where directed by a presiding magistrate, Local Court attendees must wear a mask. Any exceptions to this will be considered by the presiding magistrate.

If you’re unwell, make alternative arrangements

If you need to attend court, but cannot for health reasons, you can make an application to adjourn proceedings (find another future date for the matter to be heard) or ask for the matter to be heard by Audio-Visual technology (AVL).  Anytime you ask the local court to deviate from standard protocols of appearing in person, it’s advisable to get a medical certificate evidencing the health issue preventing your in-person appearance.  You don’t always need one, but it helps with some Magistrates and some types of matters.

Criminal matters

If you have to attend Local Court for a criminal matter you are expected to attend in-person unless an application has been made to adjourn the matter or for you to appear remotely.

This does not apply to weekend bail court arrangements in regional and rural areas.  For weekend bails, solicitors generally (not always, but generally) appear via AVL link, with the defendant generally also appearing via AVL from the police station in which they are being held.

Of course, no matter what your circumstances, you can always apply for alternative arrangements to be made. These may or may not be granted by the Court. Having matters dealt with via AVL appearance will also depend on the availability of equipment in the area (for example, Murwillumbah and Mullumbimby courts do not have AVL facilities).

About the Local Court

The Local Court has about 155 locations across New South Wales. It deals with the majority of cases (about 95%) that come before the courts including civil matters (involving amounts of money up to $100,000) and also the majority of criminal cases, which start in the Local Court and may eventually progress to the District or Supreme Court.

The Local Court also conducts what are called ‘committal proceedings’ which are hearings to determine whether indictable offences will be committed to the District and Supreme Courts, and if they are committed to the District or Supreme Courts, whether that is for trial or sentence.

There is no jury in any civil or criminal proceedings in the Local Court.

The Local Court also deals with applications for apprehended violence orders.

The Local Court is a very busy place, and as such, anyone who is expected to appear at the Local court is requested to be prompt in order to avoid delays which can significantly impact the timeline for delivering justice.  In some local courts, on busy ‘list days’, the court might have over 100+ matters on the court list – that’s 100+ matters the court must deal with in one way or another – whether that’s adjournments, sentencing, or other types of applications.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

You can also follow us on facebook

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Vaccinations and RAT testing

As part of the plan for moving forward, double-vaccinations are required in many circumstances, and so is Rapid Antigen Testing.

In recent days the Supreme Court of New South Wales has introduced new measures to protect the health and safety of courthouse workers, as well as legal teams, witnesses, the accused, and juries. It is creating ‘trial bubbles’ and aiming to keep these bubbles Covid-free.

As part of the new measures, everyone, whether a member of the prosecution or the criminal defence team, or a jury, will need to be at least double-vaccinated. The only possible exemptions are the defendant (the accused), or any person specifically permitted by the trial judge. Everyone involved in a trial bubble will be asked to undergo RAT screening regularly for the duration of the trial.

In the local court, many cases are still being resolved, where possible, via video link or other technologies such as telephone conferencing and email. However, if you think you need to attend court in person, check with your legal representative or the court you are due to attend about what Covid-19 health and safety protocols are in place before you go.

Many private businesses have their own workplace vaccination policies too. And of course, the industry mandates set by the Government (for aged care workers, teachers, and construction workers for example) remain in place.

Keep a supply of RATs at home

With regard to RAT testing, the rules are still changing. For example, school children are currently required to be tested twice per week. Anyone not feeling well, suspecting they may have Covid-19 is also required to test. You can get a PCR test from a laboratory or testing centre, or you can test at home. It would be wise to purchase a few tests, so you can have them on hand at home.

RATs have been in short supply, but they are slowly becoming more available. Be aware of price gouging – you should expect to pay around $10 per test – and if you’re a pensioner or receiving Centrelink payments, ask about concessions – you may be able to purchase RAT tests more cheaply.

Failing to report a positive RAT will result in a fine

It is a criminal offence in New South Wales not to report a positive Covid-19 result. Earlier this year the New South Wales Government introduced a new public health regulation which stipulates that failing to report a positive test will result in a $1,000 fine.

As we have mentioned before, once you get a fine, it is not always easy to challenge. Statistics released just prior to Christmas showed that more than 7,000 people sought reviews of Covid fines they had been issued last year – and most had failed to have the fines annulled.

There are more than 3,000 people still waiting for the outcome of a review.

You can request a review via Revenue NSW (this is the state body responsible for issuing fines, managing fines and collecting payments) and if you are unhappy with the result, you can take the matter to court.

But with local courts significantly backlogged as a result of the pandemic, it could take some months to resolve your particular case, which can mean prolonged stress.

Aside from avoiding a fine, the other very good reason for ensuring that you report a positive RAT result – which you can do through the NSW Services App – is that you will be directed to local health services.

Health experts say that many people will be able to successfully manage Covid-19 at home, with appropriate advice from medical professionals about what to do, and what to look out for in terms of symptom severity so that you can get to hospital for specialist treatment if and when you need to.

With Covid still very present, it’s important to keep up to date with requirements for wearing masks, QR check ins, along with other advice about Rapid Antigen Testing, vaccination requirements, social distancing etc etc etc.

New treatments are coming, a new vaccination has also been approved by the Therapeutic Goods Association, but we are now officially ‘living with Covid’ so while many of our freedoms have returned and life feels like it might be getting back to some kind of ‘normal’, the Public Health Regulations are still in force.

You can stay informed via Services NSW which has extensive information – about current rules, financial support for business, and how to report a positive RAT test if you need to, and much more. It is an excellent resource to bookmark so you can stay informed.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

You can also follow us on facebook

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Part of the NSW Government’s pandemic management response right now, is this current critical period between October 11 and December 1 2021.

In this period, there are different rules for vaccinated people and unvaccinated people.

Putting the issue of discrimination aside, which has been well-debated elsewhere, it is important to note this particular section of the Public Health (Covid-19) General Order 2021, which states:

2.18 Premises closed to unvaccinated adults

(1) The occupier of the following premises in the general area must take reasonable steps to ensure that an unvaccinated adult is not on the premises:

(a) higher risk premises,

(b) business premises that are hairdressers, spas, nail salons, beauty salons, waxing salons, tanning salons, tattoo parlours or massage parlours,

(c) recreation facilities (indoors),

(d) public swimming pools,

(e) information and education facilities,

(f) retail premises, but not critical retail premises,

(g) business premises that are auction houses,

(h) business premises that are betting agencies,

(i) gaming lounges,

(j) markets that do not predominantly sell food,

(k) properties operated by:

(i) the National Trust, or

(ii) the Historic Houses Trust.

(2) An unvaccinated adult must not be on premises referred to in subclause (1) in the general area.

(3) The occupier of higher risk premises in the general area must ensure that a person who is under 16 years of age and who is not a fully vaccinated person is not on the premises unless the person is:

(a) on the premises to carry out work, or

(b) accompanied by a person who is:

(i) a member of the person’s household, and

(ii) a fully vaccinated person.

(4) This clause does not apply to a person who is on the premises for the following purposes:

(a) because of a service to assist vulnerable members of the public, for example a food bank or a service providing for the needs of homeless persons,

(b) to purchase food or beverages to be consumed off the premises,

(c) to attend a small funeral or memorial service or small wedding service,

(d) to use a click and collect service.

(4A) This clause also does not apply to a person who is on the premises if:

(a) the premises are outside Greater Sydney, and

(b) the person resides outside Greater Sydney, and

(c) the person has had only 1 dose of a COVID-19 vaccine, and

(d) the person is on the premises for the purposes of work.

(4B) Subclause (4A) and this subclause are repealed at the beginning of 1 November 2021.

(5) In this clause— higher risk premises means the following:

(a) entertainment facilities,

(b) recreation facilities (major),

(c) hospitality venues,

(d) places of public worship,

(e) premises at which a significant event is being held, other than a small funeral or memorial service or small wedding service

Public Health Regulations keep changing

There is also additional health advice which was issued by the NSW Health Minister Brad Hazzard recently:

“People aged 16 years and over will only be allowed entry into some venues or settings if fully vaccinated, along with people with exemptions.

In some venues, children under 16 will have to be accompanied by a fully vaccinated member of their household to enter. This includes hospitality venues, non-critical retail stores, personal services, sporting, recreation and entertainment facilities and events.”

Stay informed and stay calm

So, it is important that you stay informed, and you can do so at the NSW Health website.

The Government QR-Check In / Vaccination Certificate system which was going to be part of the NSW Services app is not yet operational, so many retailers are asking for other forms of vaccination verification, and if they are mentioned in the above list, they have a right to do so.

Unvaccinated people are still able to access essential services, such as grocery shops and essential medical care, but if you are a customer turned away from the pub, or a clothing shop, or even a hairdresser at this time, as difficult as it is, it is only until December 1 2021.

Many businesses are not happy about having to ‘pick and choose’ customers, but they risk fines of $5,000 for not complying with the Public Health Regulations — which is a considerable sum of money for small businesses. What’s more, individuals risk a $1,000 fine if they don’t comply, or use false vaccination certification.

Kmart and Best & Less, both which have stores in Ballina, have elected to serve vaccinated customers only, and other big retailers could decide to follow suit.

What about vaccinations for employees?

There are some industry workers in NSW who are already required to have the vaccination, such as aged care workers and emergency services personnel.

Many private companies and businesses have already put their own vaccination policies in place for staff, and others are just now considering what stance they will take. The advice given by the Fair Work Ombudsman to employers is that they can ask employees to be vaccinated, providing that the direction is ‘lawful and reasonable’.

While Covid-19 remains active in our communities, in particular the highly contagious Delta variant, police have expanded powers to enforce Public Health Rules and they are committed to doing so. If you believe you have been fired unfairly, you can take the matter to court.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us. 

We service the area from Coffs Harbour to Byron Bay, Ballina and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

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The woman, who is fully vaccinated, had been granted permission to leave her home in Greater Sydney for work purposes.

She has since been charged by NSW Police because she allegedly attended several businesses and venues in Byron Bay and Kingscliff, which was a breach of the conditions of her exemption.

Penalties for not using the QR check-in

Police say she also failed to check in to the locations she visited. The woman has been issued with a court attendance notice to appear in the Tweed Heads Local Court in November and faces five counts of failing to comply with an electronic registration directive.

NSW Health Minister Brad Hazzard has said that the woman had returned a negative rapid antigen test before leaving Sydney, but a later PCR test came back positive, which just proves how sneaky the coronavirus is, and why there are so many public health regulations in place right now as New South Wales battles the Delta outbreak.

Know the rules

Public health mandates are still changing regularly, and the onus is on us — the general public — to understand what the rules are — for a particular area or LGA, or for a particular type of exemption/permit, and comply. Unfortunately, not knowing the rules is not an adequate defence.

Since the middle of this year, it has been mandatory to use the QR check-in at all New South Wales businesses, organisations, educational institutions, and venues, right across the state.

So, while you might, for example, visit Ballina Fair and check in at the front door, you’re also expected to check in separately at each of the stores you visit within the shopping centre. If you don’t, you can be fined $1,000 for breaching a public health order.

Businesses also have a responsibility to make sure you’ve checked in. If they don’t, they too can face fines of up to $5,000.

If your smartphone isn’t working, then you should be able to manually check-in — that is, leave your details on a register at the store.

Why is this important? It’s critical for contact tracing. If someone tests positive for Covid, then the NSW Government relies on this information to alert anyone who may have been in the same vicinity as the infected person. It also has implications for you, if you are contacted by NSW Health as a ‘close’ or ‘casual’ contact of someone who has tested positive for Covid.

A close contact versus a casual contact

As far as the State Government is concerned, you can be labelled a ‘close contact’ without personally knowing, or having interacted with someone who has tested positive for Covid-19. It can simply mean that you and a person with a positive test have visited the same venue at the same time. For example, you watched the same screening of a movie at a cinema, or you ate at the same restaurant at the same time, even though you might not have sat anywhere near each other

If you are identified as a ‘casual contact’ this means you may have been near a person with infectious Covid-19 but you are deemed to be at lower risk of getting Covid-19 than a close contact. Using the same example, you might have seen a movie at the cinema they visited on the same day, but not at the same screening, or the restaurant at a similar time but only to pop in and collect take-away, without actually going in and sitting down.

The New South Wales Government will assess your status and tell you what it is. In both cases, you are required to self-isolate, and get tested. You must stay isolated until your test results are conclusive.

If you fail to self-isolate you can be fined $5,000 in New South Wales. If you choose to challenge the fine in court, then the court can impose greater penalties.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us. 

If you have a specific legal matter you’d like to discuss, please contact us. We service the area from Coffs Harbour to Byron Bay, Ballina and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

The post What are the penalties for failing to check-in at venues?  appeared first on Local Court Lawyers.

There were 79 separate protests against extended lockdowns in Ballina, Grafton, Lismore, Port Macquarie, and also further south in regional areas around Sydney.

In Australia we have long upheld the democratic right to protest, to freedom of speech and political opinion as well as the right to public assembly.

Protesting is prohibited during the pandemic

But right now, under current public health regulations, protesting is prohibited, and if you protest, you can expect to face the full force of the law.

In the wake of protests in the Sydney CBD several weeks ago, police set up strikeforce ‘Seasoned” which aims to identify anyone who has attended protests during lockdowns, because there are fears that these events could spread Covid. The Delta variant is particularly contagious, and right now police are heavily enforcing rules against gatherings and movement.

But aside from the current public health rules, other laws you may inadvertently break when you protest include resisting or hindering police, obstructing traffic, offensive conduct, and unlawful assembly.

When can you be arrested?

In New South Wales, under the Law Enforcement (Powers and Responsibilities) Act 2002, Section 99 outlines the circumstances in which police officers can arrest people without a warrant. These include preventing an offence, stopping a person from fleeing, suspecting that identification information provided is false and to protect the safety and welfare of others.

An officer can use as much force as is necessary to arrest a person, and an officer may handcuff an arrested person if they’re concerned they may try to escape.

Resisting arrest

Resisting arrest is an offence. Section 546C of the Crimes Act 1900 (NSW) outlines the offence,  which carries penalties of up to 12 months in prison and/or a $1,100 fine. Struggling, spitting at police and making threats, resisting handcuffs, and running away can all constitute this offence.

If you are arrested

If you are arrested, you are required to truthfully provide a name and address.

You do not have to answer any initial questions or undergo an interview, and it’s best not to. The first thing you need to do if you are arrested, is contact a lawyer.

If you are charged by police, the police at the station you have been taken to will decide whether or not to grant you police bail on the promise that you will attend court in due course to face the charges. There have been changes to the way courts are operating during Covid, so you may be able to appear by telephone or video link, or have your matter dealt with via email.

If the offence is fairly minor, police bail is usually granted, and you will be released with or without conditions. If police bail is refused, you will be kept in custody until your bail application is decided in court, and should have legal representation.

Police cannot refuse your request to seek legal advice.

Search Powers

Section 27 of the LEPRA allows police officers to search an individual following their arrest if they reasonably suspect they’re carrying something that is illegal (such as drugs)  presents a danger, could assist in their escape, has been used or is intended to be used in committing an offence, or is evidence of a crime.

Police officers also have the power to seize your phone or other electronic device, but only after they’ve either carried out a search or an arrest. However, if police want the password for a device, they must apply for a court order to be legally able to demand it.

This post is informative only. It is not legal advice.  If you have a specific legal matter you’d like to discuss, please contact us.

If you have a specific legal matter you’d like to discuss, please contact us. We service the area from Coffs Harbour to Byron Bay, Ballina and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

The post Are you allowed to protest in New South Wales? appeared first on Local Court Lawyers.

(the following is relevant only to the NSW lockdown in place for all of NSW, during August 2021, and which may be extended beyond August)

Courts in Far North New South Wales, and across the entire state have changed the way they are operating during the Covid-19 pandemic to ensure that the wheels of justice can keep turning, without risking the spread of the virus in public places.

One of the biggest changes to the local courts in the area from Coffs Harbour to Tweed Heads is that many matters are being dealt with electronically – via telephone and email or video link when the technology is available.

If you have a matter for mention listed before the local court, then you need to contact your lawyer, or the court itself to understand what’s happening. Individual cases will have different circumstances, although, in most instances you will not need to appear at local court  in person. However, you will still be required to participate in the process by providing written documentation, or via telephone or video-link.

Most local court matters and mentions are being dealt with electronically

A mention is a procedural court date to determine the status of the case which may involve adjourning the matter for another mention and making orders pending that future date, or setting it down for a fresh hearing date.

The participants in the proceedings – including the defendant, defence lawyer, prosecution and witnesses – are not required to attend court on the currently listed court date.

Parties are required to prepare and send an email to the court by 3pm on the day before the listed court date advising of the status of the case and the orders that are sought.

How do I contact the court?

Contacting your local court can be done in writing or by phone. The email address and telephone number for local courts are listed here. And you should also provide your most up to date contact information including a phone number and email address to facilitate communication with the court.

Entering a plea

There are a number of standard forms to help defendants with this process, but it is recommended that you seek legal advice before filling in these forms and submitting them.

Guilty plea

If you have pleaded guilty to a charge, these matters may be dealt with, without you having to appear in court in person – it depends on the charge(s) and a few other circumstances, as to whether the court will deal with the matter in your absence or will adjourn it to another date, or you will be expected to attend in person.  We suggest that you either get legal advice or call the court registry.

Not guilty plea

If you have pleaded not guilty, then these matters (because they usually require witnesses and sometimes also ‘support’ people for the defendant when needed) are generally not proceeding at this time, therefore participants are generally not required to attend court. If you find yourself in these circumstances then you or your  legal representative need to contact the court prior to the scheduled date of your hearing. Current hearing schedules remain in place, although these matters will likely be postponed and you need to work with the court to set a new date.

However, if parties wish for such a matter to proceed (and do not require the attendance of any witnesses) an application to proceed with consent of all parties may be made to the court.

Sentencing

Sentencing proceedings will continue to occur (only where possible) – if you are due to be sentenced in a matter, we suggest you contact the court registry or get some legal advice before the court date.

The traffic Offenders’ Programme in New South Wales

If you have been directed to complete the Traffic Offender Intervention Program (TOIP) for driving offences  you need to be aware that it is not being delivered face-to-face during this time, although it can be completed online.

Masks

While courts aim to minimise the number of people attending at this time, if you do need to go to court, then you must wear a mask at all times inside the building and scan in with QR codes.

Delays are inevitable.

The uncertainty around the pandemic and the end of lockdowns and restrictions on movement has created some delays within the local courts. This cannot be helped at this time and it is being experienced by courts all over Australia. The good news is that in its most recent budget, the NSW State Government approved more funding and additional magistrates to assist the local courts deal with backlogs.

If you have any questions, you can contact us.

This post is informative only. It is not legal advice.  If you have a specific legal matter you’d like to discuss, or you’re not sure what this means for your case, please contact us.

The post Court in Covid appeared first on Local Court Lawyers.

Just as we were hoping the imposed lockdown would end and we could return to ‘some sense of normalcy’, over the weekend the NSW Government ordered a snap seven-day lockdown of the entire state. There are also new rules and harsher penalties. Here is an overview of the new Public Health Orders.

What are the new rules in Far Northern  NSW?

Until 12.01am Saturday 22 August, in all regions across the state, including the area north of Coffs Harbour, stay-at-home orders are in place. There are only a number of valid reasons to leave home, these include:

Shopping for food or other services – only one person per household is permitted to do this. If you have children who cannot be left unattended, you can take them with you.

To work – if you cannot work from home and the business you work for is allowed to be open. All business owner/operators are expected to allow staff to work from home where possible. Fines for breaching this rule are $10,000 for corporations and $2,000 for individuals.

If you cannot work from home and you go to your workplace that is allowed to be open, you must wear a face mask (unless an exemption applies).

Exercise and outdoor recreation

You must stay within your local government area (LGA). If you need to cross into another LGA, you must stay within 5km of your home.

All members of a family can undertake outdoor exercise together, but if you are exercising with someone who does not live in the same household as you, you can only go with one person. The fine for breaching this rule is $3,000.

You can leave home, and the 5km radius, if you are: caring for someone, attending a medical appointment, accessing services such as: social services, employment services, etc. If you have a legal matter or obligation that needs to be dealt with, or you are fleeing a dangerous situation.

Car travel

Don’t share your car with other people, limit it to your own family members, unless it is an emergency, or you are travelling with someone you are caring for who does not live with you, or are travelling to help someone in an emergency.

Travelling into regional areas in New South Wales

If you wish to travel into other areas of the state, as of Saturday 21 August 12.01am, you will need a permit, available from the Service NSW website, and there will be a limited number of ‘acceptable’ reasons for travel into other regional or remote areas. The fine for breaching this rule or not having a permit  is $3,000.

Visitors at home

You must not allow a person to visit your home, unless it is for things such as:

• Childcare
• Child care arrangements between separated parents.
• To help someone move
• To care for someone
• Provide a safe place for someone at serious risk of harm

Single bubbles – buddies must now be registered

People who live alone can have one nominated ‘buddy’ to visit them. However, under new rules now in place, that person must be registered with the New South Wales Government.

Face Masks and personal ID

You must wear a face mask

• in all indoor areas of non-residential premises
• at certain outdoor gatherings
• if you are on public transport
• Face masks must be worn at indoor or outdoor areas of a fresh food market.
• Common indoor areas in residential buildings, such as a shared foyer or lobby of an apartment block, lifts, stairways and corridors and shared laundry facilities.

You must carry a  mask at all times, and your identification, such as a student ID, passport or Driver’s Licence. You must show proof of address if asked by New South Wales Police. Failure to wear a mask can attract a $500 fine. You must also use the QR check-in code at every place you shop or visit. Businesses which fail to have a way for visitors to check into their premises risk fines of up to $10,000.

Other fines and penalties

• $5,000 on the spot fine for breaching self-isolation rules.
• $5,000 on the spot fine for lying on a permit.
• $5,000 on the spot fine for lying to a contact tracer.

Travel to Queensland

If you must travel to Queensland, please be aware that Queensland border restrictions have been tightened, even for those local Government areas (LGAs) in the ‘border bubble, from the Coffs area in the south to Byron Bay and the Tweed Shire in the north, as well as the Far West, and a permit is now required. There are only a number of acceptable reasons for travel to Queensland during lockdown.

What to do if you receive a fine

NSW Police have been given additional resources and powers to issue on-the-spot fines during this particular lockdown as we battle the spread of the highly-infectious Delta strain of Covid.

Fines are issued as Penalty Infringement Notices and can be paid online at Revenue NSW. If you cannot pay the fine, you can make arrangements with Revenue NSW for a payment plan. If you wish to dispute the fine, you can request an independent review. If you are unhappy with the review decision, then you can take the matter to court. However, if you do decide to go to court, you need to be aware that courts can impose tougher penalties, including jail time.

If you are considering disputing a fine, it is wise to get professional legal advice regarding your options. Contact us.

This post is informative only, and it is not legal advice. For legal advice contact us.

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