Statistics suggest that driver fatigue is responsible for around 20 percent of road fatalities and that drivers are at four times the risk of having a fatal accident while driving in what’s considered to be their body clock’s ‘normal’ sleep hours – between 10pm and dawn.

Furthermore, according to Transport NSW’s Centre for Road Safety:

• Fatigue-related crashes are almost three times as likely to be fatal than crashes not involving fatigue – drivers who are asleep can’t brake.
• Each year, about 67 people die and about 645 are seriously injured in fatigue-related crashes in NSW.

Is driver fatigue a criminal offence in New South Wales?

Surprisingly, given the seriousness of drivers’ fatigue, currently there are no laws regulating fatigued driving, unless you’re in charge of a ‘heavy vehicle, defined under the Heavy Vehicle National Law (HVNL) as a vehicle that has a gross vehicle mass (GVM) or aggregate trailer mass (ATM) of more than 4.5 tonnes.

So, as a driver of a normal passenger vehicle, the responsibility lies firmly with the driver to avoid fatigue, by taking regular breaks – the recommendation is every two hours. It could save your life and the life of your passengers. However, fatigue doesn’t just affect drivers doing long road trips, it can occur even on relatively short trips, particularly if you’re sleep-deprived from too much celebrating.

Serious driving offences

It’s important to note that if you are responsible for an accident while driving fatigued, you can be charged with other serious driving offences, such as, for example, negligent driving, which is broadly defined as driving without the due care and attention reasonably expected of a driver. It puts you, other drivers and the public at risk, and can result in serious injury or death.

Negligent driving comes with a $425 fine and 3 demerit points in NSW.

There are more serious Negligent driving offences, including:

• Negligent driving occasioning grievous bodily harm. If this is a first offence, the penalties include a maximum court-imposed fine of $2200, a maximum prison term of 9 months and a minimum driver’s licence disqualification of 12 months.
• Negligent driving occasioning death If this is a first offence, the penalty includes a fine of $3300, a maximum prison term of 18 months, and a minimum license disqualification period of 12 months. If it is a subsequent offence, the penalties are significantly higher.

Double demerit points over Christmas

Police will be out in force over the summer break. Even though you’re on holiday, the law is not. Remember too, that in peak holiday periods, double demerits apply during peak periods.

Make sure you know the rules about drink and drug driving, speeding, mobile phone use, car seats and restraints for children, seatbelts, and also what it means to be driving a ‘road worthy vehicle’ – you can be fined for worn tyres and broken lights.

Stay safe, and enjoy the holidays. If you’re travelling to this beautiful part of the world, such as Lennox Head or Evans Head, be aware of our signiifcant police presence during the festival season.

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

The post Let’s talk about driver fatigue appeared first on Local Court Lawyers.

The woman was issued the fine after the infringement was caught by a seatbelt and phone detection camera on the Gold Coast.

It serves as a warning for all of us who live in the Northern Rivers region and tend to cross over the Queensland/ New South Wales border on a regular basis.

What are the rules for mobile phones while driving?

When the woman took to social media, noting that while the phone was in her bra she did have both hands on the steering wheel, the comments were divided with many people urging her to dispute the fine, with one saying “I’m struggling to work out how a phone down a woman’s bra is any different than a phone in a jeans pocket (which is perfectly legal),” and others reminding her that ‘no part of the body’ should be in contact with the mobile phone while driving.

In New South Wales you can be fined for driving with your phone on your lap.

Each state and territory has their own rules with regard to driving with mobile phones, but they are all the same in one respect – hands off, while driving.

In New South Wales, this chart from the Transport NSW website  outlines the general rules:

Learner, P1 and P2 licence holders

Restricted licence holders are not permitted to use their phone at all while driving or riding. This includes use of hands-free and Bluetooth functions, including music streaming such as Spotify.

The New South Wales Government has invested heavily in a network of high-tech cameras which are capable of detecting illegal mobile phone use from as far as a kilometre away, in a range of weather conditions, and at night. Of course, police patrols can also detect illegal phone use.

The penalties – fines and demerit points

The penalty for offending is five demerit points and a $362 fine ($481 in a school zone).

The penalty increases to 10 demerit points during double-demerit periods – it’s important to remember this over the Christmas Holiday period.

• An unrestricted licence (most road users) have 13 points.
• Professional drivers have 14 points.
• Provisional P2 licences have 7 points.

Demerit points stay active on your licence for a 3-year period, starting from the date of the offence.

Disputing mobile phone fines

If you’ve been caught by a camera, or if you are fined by police you will receive a penalty notice which will outline the specific offence and the appropriate penalty.

Instead of paying the fine, you can elect to go to court and appear before a Magistrate in the Local Court.

At court, you can either,

• Enter a plea of guilty and ask the Magistrate for leniency, or
• Enter a plea of not guilty and defend the allegation if you’re innocent.

It’s important to get the right professional legal advice so you understand your options. It’s also important to remember that if the court determines that you are guilty of the offence, you can be fined up to $2,200 as well as the demerit points, which is significantly greater than the original penalty.

 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

The post Woman fined $1000 for driving with her phone in her bra appeared first on Local Court Lawyers.

The NSW Bureau of Crime Statistics and Research (BOCSAR) is a government-funded agency within the Department of Communities and Justice. It was established in 1969 and so has a good bank of data on crime trends across New South Wales. Its research is interesting, not just for lawyers or police officers, journalists or those with an interest in social justice.

If you’re moving to a new suburb in New South Wales you can take a look at the types of offences that are most common in the area. Pretty cool, huh? The website is easy to get around – not just boring old numbers, there are interactive maps and tables which make the data easy to understand.

Why do we need crime stats?

The main aims of BOCSAR are to:

• identify factors that affect the distribution and frequency of crime;
• identify factors that affect the effectiveness, efficiency or equity of the NSW criminal justice system;
• ensure that information on these factors and on crime and justice trends is available and accessible to our clients.

By meeting these objectives BOCSAR can inform policy makers and administrators in the criminal justice system to develop and implement strategies which help to reduce crime, and provide a more efficient, effective and equitable justice system.

Crime trends on the Mid-North Coast of NSW

BOCSAR presents a number of reports on a regular basis, but for this article we looked at long term crime trends from the geographical area Coffs Harbour to Grafton, across a number of criminal offences.

Over a five year period (2017-2018 to 2021-2022) the statistics show that the nature of crimes is increasing for some offences; while there’s a decreasing trend for other offences.

The snapshot of our little corner of New South Wales mirrors the data for the state overall.

Many crimes are declining

Crime numbers have been fairly stable over the past five years. Criminal offences such as break and enter, robbery, and car theft are in decline. This trend has been attributed to the Covid-19 pandemic, which put a stop to a lot of crime – because of  lockdowns, travel limitations, curfews and a heavy police presence in public, enforcing pandemic health regulations.

However, the data also shows that Domestic Violence assaults have increased by 11% over the five-year period, and reports of Sexual Assault have also increased 14% over the same period.

We know that lockdowns-related travel limitations had an adverse effect on Domestic Violence offences and this is reflected in the numbers too.

Sexual assault offences are also on the rise, and while this could be the result of an increase in these offences, it could also be a result of more victims feel comfortable speaking up and reporting incidents.

This could be because the wider community conversation is encouraging them to do so, whereas even a decade or so ago Domestic Violence and Sexual Assault were not often talked about, leaving victims feeling ashamed, powerless and left to suffer in silence behind closed doors.

 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

The post BOCSAR Crime Stats appeared first on Local Court Lawyers.

‘No body, no parole’ laws have been discussed for several years, and have, over time, been implemented in other states and territories. New South Wales is one of the last to do so.

Essentially the laws mean that where a person has been murdered and the body has never been found, if the convicted murderer does not co-operate with police to disclose the whereabouts of the remains, they will not be eligible for parole.

How will the laws work?

In New South Wales, a charge of murder is punishable by a term of life inprisonment, which does indeed mean, for the term of one’s natural life. However, courts are able to determine a lesser term, however they must adhere to what’s known as a ‘standard non-parole period’ (SNP) which is the time, set by law, that a convicted person must serve, before being eligible for parole.

Currently, where the victim was a police officer, emergency services worker, correctional officer, judicial officer, council law enforcement officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation or voluntary work; or a child under the age of 18 years, the standard non-parole period for murder in New South Wales is 25 years. In other murder cases, the standard non-parole period is 20 years.

The conviction of Chris Dawson reignited the need for these laws

Introducing the ‘no body, no parole’ laws has been precipitated by the recent conviction of former school teacher Chris Dawson who was found guilty of the murder of his wife Lynette in 1982. This is a case that has interested Australians for more than 40 years. Lynette disappeared without a trace, leaving behind two daughters aged two and four.

At the time, her husband was having a sexual relationship with one of his students, whom he moved into the family home days after Lynette went missing. He reported Lyn missing six weeks after she disappeared – telling police she left because of marital problems and he believed she may have joined a religious group.

Over the years two cronial inquests determined that Lyn was murdered and that criminal charges should be laid against Chris Dawson, but the Department of Public Prosecutions did not believe they had sufficient evidence to take the matter to trial.

The DPP guidelines for prosecution outline that the duty of the DPP is to “serve the public interest first and foremost.” Further … “The prosecutor owes a duty of fairness to the community. The community’s interest is twofold: that those who are guilty be brought to justice and that those who are innocent not be wrongly convicted.”

There are a number of guidelines the DPP follows prior to deciding whether or not to take a matter to trial.

However, in 2017, New South Wales police re-opened the investigation into the murder of Lynette Dawson, who was still listed as a ‘Missing Person’. Chris Dawson was extradicted from his home in Queensland and charged with murder.

He was tried in a judge-alone trial, which is an option in cases where there is significant public interest in a trial, and a real concern that it might not be possible to find 12 impartial people to serve on the jury. In New South Wales, up to 15 people can be empanelled if a trial is expected to last longer than three months. In the case of Chris Dawson, the case was considered ‘high profile’ – much has been written and publicly speculated about Lyn’s disappearance over four decades. Mr Dawson’s legal team has already stated its intention to appeal the criminal conviction.

‘No body, no parole’ – giving grieving families closure

Now that Chris Dawson has been convicted of Lyn’s murder, Lyn’s family are calling on Chris Dawson to tell her family where her body is, so that they can finally put her to rest.

‘No body, no parole’ laws are underpinned by a desire to ensure justice for the family and friends of those people who have been murdered and the body never recovered. Finally having a body, or remains, can help to provide emotional closure and enable the family to bury remains where they want to, rather than where they have been discarded.

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

The post No Body, No Parole Laws in NSW appeared first on Local Court Lawyers.

The decision, which currently affects those employed under the 123 current industry awards, is likely to set a precedent right across Australia, means that workers should be able to access the leave on an annual basis at their base rate of pay.

In handing down its decision, the full bench of the FWC was in agreement that:  “Family and domestic violence is a ubiquitous and persistent social problem. While men can, and do, experience FDV, such violence disproportionately affects women. It is a gendered phenomenon,” the full bench of the commission wrote in its decision, adding the pandemic had seen an increase in the scourge.

In fact during 2020 reported domestic violence rates across Australia were the highest they had ever been.

Until now, employees have only been able to access five days of unpaid domestic and family violence leave.

A necessity for those needing to flee violence

It’s a ruling which has been strongly welcomed by domestic violence support groups and advocacy organisations because it means that those suffering domestic or family violence won’t be forced to quit jobs or suffer financial hardship as a result of needing time off from their jobs  to deal with the mulit-faceted issues they are experiencing at home.

1 in 6 women have experienced physical or sexual violence by a current or former partner, while for men it is 1 in 16.

Seventy-five percent of victims of domestic violence reported the perpetrator as male, while twenty-five percent reported the perpetrator as female.

Already this year – not even five months in, already 18 women have been killed by a current or previous partner.

The decision takes into consideration that family and domestic violence can be exceptionally disruptive – victims need to make the time to meet with medical specialists, psychologists, police, attending the Family Court and / or the criminal court, move home, change children’s schools etc  – the list goes on.

For those fleeing risky situations, an income can be the single factor that makes the difference between being able to walk out the door and not.

Precedent for domestic and family violence leave to be available to everyone

The proposed paid leave would apply to permanent employees only and be paid at the base rate of pay. While the leave would accrue from year to year, it would not exceed 10 days.

It is now up to the Federal Government to make a commitment to all workers by including domestic and family violence leave in the National Employment Standards, which covers an additional 8.44 million workers. The Labor Party has already made this an election promise, the Morrison Government is yet to match it.

Many of the large corporations have included family and domestic violence leave in their workplace policies and agreements for some time, but this will also encourage other small private businesses whose employees don’t fall within the award system, to consider doing so too.

What is domestic and family violence?

Under New South Wales law, domestic and family violence is the term given to violence committed by an intimate partner and includes physical injury, intimidation or serious harassment, wilful damage to property and indecent behaviour without consent.

Along with other states around Australia, New South Wales is also in the process of criminalising coercive control, creating legislation which will make it a standalone offence.

Coercive control includes threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. It has long been recognised that acts of coercive control such as monitoring someone’s communication or time spent with others, withholding food or money, can be early indicators of domestic violence that will escalate to dangerous levels.

Over the past decade, domestic violence has been recognised as a major public health problem. It affects all people  – irrespective of economic, educational, social, geographic or racial background.

The reality is that it is going to take Australia a long time – perhaps generations – to stem the tide of domestic violence. In the meantime we must do what we can as a society to support those people who need it financially, at the time they need it most.

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

The post Family & Domestic Violence Leave Entitlement appeared first on Local Court Lawyers.

In recent weeks the Federal Government has been working on introducing new legislation. These new laws have been dubbed “anti-troll” legislation, and specifically focus on cyberbullying. The laws, if enacted, would require companies such as Facebook, Instagram, Google etc, to reveal users’ identities and they also provide a clearer pathway for victims of cyberbullying to sue petetrators.

New laws to target online bullies

Even though the proposed new laws have been called the “toughest in the world”, experts don’t actually believe they will do what they intend – stop or significantly reduce the incidences of online bullying.

The experts say that more onus needs to be placed on the platforms themselves to exercise a duty of care. In many other countries, social media companies, website owners, IT companies and online platforms face significant financial penalties if they don’t act quickly to shut down ‘anti-social’ behaviour.

Nevertheless, one significant change to the legislation is that the responsibility for defamatory, racist, or threatening posts will be transferred back to social media organizations themselves, not the people who are ‘administrators’ for the pages. And this is a good thing because most people who run social media pages, like community groups, unless they’re professional social media managers or journalists, don’t usually have a thorough understanding of defamation law and could inadvertently find themselves in trouble without fully understanding why.

What is also important is that the legislation makes it easier to pursue a civil case against a poster of content that could be considered defamatory, trolling or online hate.

Protecting freedom of speech, but ensuring users remain respectful

Of course, the legislation must balance freedom of speech with ensuring safeguards for protecting the personal reputation of users, and users themselves from the psychological and emotional harm that can be caused by bullying and other online misconduct.

It’s important to note that the legislation has not passed, and it may undergo some changes before it is finally enshrined into law. But it’s equally important for us all to remember to be careful what we say online. As the saying goes: “the internet has a long memory.” Even when you think you have deleted your comments, they can still be retrieved.

Social media offers us a wonderful global melting pot – an incredible opportunity for an exchange of opinions and ideas. But it stands to reason that we’re not going to agree with everyone we converse with.

So, if you find yourself angry or frustrated, walk away from the keyboard and take a few deep breaths before responding. It’s ok to disagree, just do it respectfully. There’s no need for foul language, name calling or provoking someone else. If the new legislation passes, all of these could potentially be considered criminal offences.

What is Cyberbullying?

Cyberbullying can occur through SMS, Text, messaging apps, or online in social media, forums, or through online gaming platforms where people can view, participate in, or share content. It includes  sending, posting, or sharing negative, harmful, false, or mean content about someone else. Or sharing personal content about someone without their consent.

It is considered particularly harmful, not just because it causes stress and anxiety and depression, but because the nature of digital technologies allow for it to continue 24 hours a day, seven days a week which exacerbates its effect.

What to do if you have been a victim of cyberbullying or trolling or online hate

• Shut down the bully by ignoring them. Block them from further conversation and make sure that you are safe – that the perpetrator cannot access you via other means – your phone, for example.
• DO NOT delete the messages / interaction. Keep screenshots, or the message history.
• Contact the platform where the bullying occured, whether it’s a dating site, social media app, or website. You should always contact the site administrators and report the bullying.
• You can also report your circumstances to the Federal Government agency, the Australian Cyber Security Centre, via this link.
• If you wish to make a police report, then contact your local station for advice.

If you have been accused of cyberbullying, then you need to seek professional legal advice because some forms of cyberbullying can be determined to be serious criminal offences.

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

The post Anti-Troll Legislation appeared first on Local Court Lawyers.

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

The post RATs in the cupboard – Living with Covid appeared first on Local Court Lawyers.

Almost 16 million Commonwealth Bank customers were sent an email in recent weeks which directed recipients to “Confirm My Account”. After clicking this button, users were directed to an authentic looking fake website – where unsuspecting customers provided their bank login details along with other personal information.

Also recently a Sydney couple inadvertently transferred $1 million into what they believed was their solicitor’s trust account. The  transaction that seemed absolutely legitimate because the couple was in the process of finalising the purchase of a property. The couple say the email looked exactly like an email from their solicitor, and they really didn’t think twice – all the documentation in the email related to the sale of the property. But when the money never arrived in their lawyer’s account, alarm bells started to ring.

This particular type of cyber crime is called a Business Email Compromise Scam (BEC). It often occurs when the business email address is compromised and the fraudster impersonates the business. This type of scam is becoming increasingly common – fake invoices, and fake websites are becoming much harder to detect, even to trained professionals.

Cyber criminals are becoming increasingly clever

While that particular scam is still being investigated, it is another example of just how clever cyber criminals are, and how no avenue is completely protected.

A recent report into cybercrime suggests that it costs the economy about $3.5 Billion each year, and while these kinds of statistics give us context, they don’t portray the effect of cyber crime on actual victims – having your bank account drained, your identity stolen, having your pension fund depleted – these are things that are very difficult to recover from – not just financially but emotionally too – even if the criminal activity results in an investigation, charges being laid and a successful prosecution.

While Australian cyber security legislation is updated regularly, to keep the pace with the rapidly changing digital environment, cyber crime is often cross-jurisdictional, which doesn’t make these crimes impossible to prosecute, but it can mean that it takes time to bring criminals to justice, so in many ways the onus is on us, to keep ourselves safe online.

How to keep yourself safe online

To protect yourself online, stick to the basics – keep security settings and passwords updated regularly. Ensure that you share minimal personal information, and know who you are sharing it with – this includes being careful about what you post, including photos, on social media or on dating apps or via private messages.

And, as a general rule of thumb, if something looks suspicious, then treat it as such. If you’re not sure, do nothing. Be proactive and contact the company – if you don’t and the matter is important, then the company will contact you eventually, via another method.

Cyber crime typically relies on its victims to fall prey to scams because they’re busy, tired  or distracted.. But, if there are grammatical errors in the correspondence you have received, or if images don’t look quite right, then contact the company.

Recently NRMA sent an email to a significant number of it’s insurance customers to tell them they were entitled to a refund. Most respondents of the communication actually made calls to the company to check on the legitimacy of the refunds. They were completely above board — but, it pays to double-check.

What to do if you think you’re a victim of cyber crime

If you believe you have been a victim of a cyber crime then contact the Australian Cyber Security Centre (ACSC). Aside from reporting the scam itself, contact the company the fraudster was imitating, for two reasons – so they can alert other customers and put in place the appropriate steps to stop the fraud from continuing, but also to find out if you are entitled to any compensation for your loss.

And while it’s difficult , the most important thing is not to feel shame  – cyber crime of all kinds is on the rise, and it affects people from all walks of life.

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

The post Cyber crime is on the rise – make sure you protect yourself appeared first on Local Court Lawyers.

Why? Well, for a couple of reasons. Firstly, in the little villages in and around the hinterland, there are small country schools where you might not expect, particularly if you don’t travel those roads often – Newrybar, Lennox Head, Upper Coopers Creek, Coorabel, Eureka are a few that come to mind.

Secondly, school zones don’t operate during the holidays and are only enforced at two specific periods of time during the day. As a driver it’s pretty easy to ‘forget’ that school zones exist.

But now, the school year has officially begun and it’s time to be vigilant behind the wheel. Obviously, school zones exist to keep our kids safe, while they’re walking, riding bikes, crossing roads, getting on and off buses etc…  The speed limit within school zones is strictly 40km per hour.

The school zone time frames are generally 8 to 9.30am in the morning and from 2.30 to 4pm in the afternoon. There are some non-standard school zone times in New South Wales – these are not common, and they are identified by red/orange school zone signs showing the times when school zone flashing lights operate.

The penalties for school zone traffic offences

The penalties for exceeding the speed limit in a school zone depend on what type of vehicle you are driving, and what type of license you have. Speeding offences are accompanied by significant fines, double-demerit points, and possible suspension of your license in some circumstances. Learner and provisional license holders may have their license suspended for at least 3 months for speeding offences, generally because of their low demerit point allowance.

But parents dropping their children at school may need to brush up on the rules too – there are some you might not know about. Finding out the hard way, that is, being caught, can be an expensive lesson.

For the full list of school zone traffic offences and penalties, click here.

Tougher penalties apply in some instances, where the driver is using a mobile phone for example, or if a driver tests positive for alcohol or drugs, or if the driver has an unregistered vehicle or previous driving offences on record.

Other less known school zone driving offences:

It is an offence to approach a school crossing ‘too fast’ or not to stop at a crossing when directed by a school crossing supervisor. The fine is $464 and 2 demerit points – the penalty can be more, depending on the speed you’re driving at the time.

Not reversing your vehicle safely in a school zone and attracts a penalty of $275 .

Stopping in a bus zone attracts a fine of  $352 and 2 demerit points. Double parking in a school zone is an offence, punishable by a $352 fine and 2 demerit points. Similarly, not parallel parking in the direction of travel, or parallel parking too close to a dividing line is an offence with the same penalty.

Obstructing access to a driveway or pathway is also an offence that comes with a $352 fine and 2 demerit points.

If you receive a traffic infringement notice, you need to pay by the due date or arrange a payment plan, through Revenue NSW, otherwise you run the risk of attracting late fees and other penalties.

Challenging a fine

If you wish to contest the notice, you can apply to Revenue NSW to have it reviewed.

Following this process if you’re not satisfied with the outcome, you can challenge the fine in court, although you should be aware that courts are currently backlogged as a result of the Covid-19 pandemic, although many cases are being handled by videolink, email and other technologies. Even so, it may take some time for your case to be resolved.

It’s also important to remember that if a court finds you guilty of the offence, it can impose harsher penalties than the original fine and demerit points.

If you need advice before you decide which option you’d like to take, it’s wise to contact an experienced, local court lawyer for an initial consultation. The local court lawyers has a paralegal, Irene Healy, dedicated to advising and preparing license suspension appeals for provisional license holders, court-electing on drivers’ license suspensions, good behaviour licenses for unconditional license holders, and all things relating to traffic law.

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

The post Speeding in School Zones appeared first on Local Court Lawyers.

Police investigations are still underway, but it has been alleged by Police that the boys were engaged in a pre-arranged fight when the tragedy happened. There were also several young witnesses. The stabbed boy was taken to hospital but died a short time later.

The 13-year old who has been charged was granted conditional bail in the Children’s Court.

He must spend each night at his family home, not leave the home without a parent or carer, and must not enter the Central Coast (where the stabbing occurred) for any reason other than attending court. He must not go near, nor try to contact, any member of the victim’s family. He is also banned from accessing any form of social media. These are not unusual bail conditions for a young offender who is alleged to have committed such a serious crime.

In the space of a few hours on the evening of the 11th January, the lives of many people have been changed forever.

Age of culpability

In Australia, under the law, Children over 10 years of age can be charged and held responsible for committing a criminal offence. This is called the ‘age of culpability’.

There is a provision within the law which applies to children over the age of 10, but under the age of 14, which means that in such cases, the prosecution must prove beyond reasonable doubt that the child did commit the crime and also that the child knew it was wrong to commit the crime.

There have long been calls to raise the age of culpability, for a variety of reasons. Last year the Australian Capital Territory mooted that it would raise the age to 14 years within its jurisdiction. There are also wider discussions underway to raise the age to at least 12 years old to ensure consistency across the nation, but no decision has been made yet.

The Children’s Court

The Children’s Court deals with almost all matters relating to children and teenagers (under the age of 18 years). The Children’s Court has the responsibility to ensure that a child understands their actions and takes responsibility for their crime, balanced with the effect on victims.

The court also considers factors such as a child’s state of dependency and immaturity and the fact that they require guidance and assistance.

Children have the right to participate and children can be sentenced to the same penalties as adults who commit the same offence. However, the Children’s Court also recognises that young offenders do have high potential for rehabilitation, and to that end, it has a range of sentencing options it can apply, which take into account family and community ties and well as the importance of access to continuing education, and social reintegration strategies that are not necessarily as severe as juvenile detention.

However, typically, if the charge is serious – such as murder – then the penalty imposed by the court will also reflect the seriousness of the crime.

One of the significant differences in the treatment of a child or teenager who has been charged with an offence and is going through the justice process, is that the courts will to keep children at home, or in the home of a carer (rather than be in detention). The Court will also often suppress details and limit the information available to the public, via media for example, to protect the identity of the young person and their family, as well as the victims of crime.

The charge of Murder

Murder is one of two homicide offences in New South Wales – murder and manslaughter. Murder is the more serious charge.

The maximum penalty for murder is 25 years imprisonment.

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

The post What happens when a child is charged with murder? appeared first on Local Court Lawyers.