Clogging of Local Courts

It has come to attention that the most trivial matters (petty crimes) are severely clogging up the local court system- and creating a backlog for months and months. There have been numerous articles recently that have attributed this backlog to be contributed by petty crimes clogging up the justice system.

One in particular; a Lismore lawyer has explained that the increase in random breath testing- has actually resulted in more than 50 people facing drug-driving charges in the Lismore Local court on a Monday. I believe that is an insanely high amount of court appearances for one offence and that this would severely disrupt the administration of criminal justice and clog up the local court system significantly. There needs to be more appropriate methods and reforms to quickly and efficiently deal with these matters in a more faster way or process. Obviously the correct administration of justice needs to be met; in the sense that these offenders need to be charged for their crimes; but there needs to be a more efficient out of court process to combat this issue.

The fact that the Lismore Local Courts (pictured above) are being bombarded and tied up by these minor crimes (in comparison) it is obvious that new measures need to be in place to combat this clogging and burden on the local court system. The Lismore lawyer also explained that most of the charges are for drugs that were taken a few days beforehand- and that most of the drivers weren't impaired at all in relation to their driving ability. Something needs to change to unclog this system.

This video, although relating to Chicago court system, presents that the overburdening of the local court systems around the world is a very inherent problem that needs to be fixed.

Reference for Text:
http://www.abc.net.au/news/2015-10-06/drug--driving/6829982?section=nsw

Reference for Image:
http://www.allcourts.com.au/Media/Default/Page/Images/Lismore-Court-House.jpg

Reference for Youtube Video:
https://www.youtube.com/watch?v=55wR-o4Jt5s

Harming Australians Bill

Today I came across another Bill, this time in the Commonwealth Parliament (in this current session), that I believed was worth talking about. This Bill (Criminal Code Amendment (Harming Australians) 

Bill 2013 (Cth)) aims to amend existing Commonwealth legislation (Criminal Code Act 1995) and was introduced and lobbied by senator Nick Xenophon (on the right).

It is my understanding that the Bill aims to address the issue of causing significant harm to an Australian citizen overseas.  This means that it would allow for the prosecution of individuals who harm Australians outside of Australia (through murder, manslaughter or intentional/reckless behaviour before 1 October 2002). I think that this is a great initiative and Bill that needs to be enacted, as it would ensure that Australian's harmed overseas have access to the same level of justice.

The current law reveals that after 2002, those who harm Australians can be charged, but not those actions that occur before 2002. Therefore, it means it would work retroactively- impacting all those events of harming Australians before 2002. The reason this was first brought in was in response to the Bali Bombings in 2002, but I believe that everyone should have the same rules and levels of justice- such that it would allow for the appropriate prosecution of violent criminals. Essentially, it will expand the volume of involvement of Australian law enforcement, in relation to the victims of violent crimes, before 1 October 2002, outside Australia.

The Above video provides some context on the heartache of the Bali Bombings, and the need for this legislation to be enacted, to provide justice for the families of the victims in other attacks of harming Australians overseas, before 2002.

Reference for Text:

http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s942

Reference for Image:

http://www.macrobusiness.com.au/wp-content/uploads/2014/08/Xenophon.jpg

Reference for Youtube Video:

https://www.youtube.com/watch?v=NGhVtO1kjRU

Smoking/Drinking at the Beach

After this extremely hot Sydney weather we have been having at the moment, I thought it was fitting to talk about the rules, laws and regulations in relation to smoking and drinking at the beach. There is a lot of uncertainty and lack of knowledge on this matter and after some research, it is time to outline exactly what is allowed and what isn't allowed on NSW beaches.

At this present moment, in terms of smoking cigarettes at the beach, it varies between councils and states. A mixture of local government and state action has actually led to widespread banning and restrictions on smoking at numerous Australian beaches. The particular states that have actually enacted legislation to make smoking illegal include Queensland (in 2005) and Western Australia (2010). The fact that these are the only 2 states in the whole of Australia is dreadful. I believe that this practice should be completely outlawed on our beaches as they are public places where families attend. It is impossible to escape the smell and is very selfish and disrespectful to other beachgoers. Despite the lack of legislation in NSW for example, there are council regulations in place, e.g. Manly council have placed a ban on smoking at their public beaches. Manly council was actually the second council in the world to legislate a smoking ban on a public beach through council regulations (2004). Since then 14 NSW councils have adopted these same bans. I think that this pro-activeness needs to be mirrored throughout the country or even introducing Commonwealth legislation to provide nationwide bans on smoking at beaches in NSW and eradicate this disgusting behaviour. So therefore, to sum up, smoking at beaches is usually banned, but it ultimately depends on the council the beach resides in.

Furthermore, the drinking of alcohol is also prohibited on most public beaches across NSW councils (such as Manly) and people who do so, can be fined. This means that you cannot drink on the actual beach, but there are areas on the parkside near the beaches that are not prohibited in some councils. Again, this rule and law applies in a council to council basis (as some councils allow for drinking at the beach with the required permit). I believe that both these laws need to be enforced, as it has been reported that most councils have not issued any fines since the inception of the rules. Thus, certain measures need to be in place/introduced to combat these behaviours.

Reference for Text:
http://www.tobaccoinaustralia.org.au/chapter-15-smokefree-environment/15-5-outdoor-areas

Reference for Images:
http://resources3.news.com.au/images/2010/12/25/1225976/190511-beach-smoking.gif
http://www.lbknews.com/wp-content/uploads/2012/02/beer_on_the_beach_Wallpaper_r86or2.jpg

Gun Laws

19 years after the banning of firearms in Australia; few would deny that we as a country are safer today because of this gun control. We have not had 1 mass shooting since the strict gun laws have been in place (which was brought in, in response to a mass shooting: the "Port Arthur Massacre"). No one could argue that they have saved hundreds if not thousands of lives because of this implementation. This is a clear representation, I believe, of how successful the law can be in protecting society; essentially what it is meant to do, and why it is the foundation upon which society is grounded upon. For that, I commend Australia for this particular law; even Obama has come out and said that the US have to be more like us and introduce tough gun laws, in response to yet another shooting in Oregon.

It is very important to recognise that we were able, as a nation, to swiftly craft laws in quickly banning these weapons and eradicate them from the market (Australian Government bought 60,000 guns swiftly after the massacre in 1996). I admire this. That we can take a stand so quickly and send out a very important message to everyone around the world. Once again, Obama recognises this swift change in laws in response to 1 attack; whilst they have had over 40 mass shootings this year alone; signifying that something needs to be done over there and enough is enough. In NSW, in particular, we have 2 laws that govern the use and purchasing firearms and guns; Firearms Act 1996 and Weapons Prohibition Act 1998. Both are entire acts that govern the use of  guns and make it an offence to be in possession, supplying or using illegal firearms. The photo above clearly shows the success of the implications of the introduction of gun laws in Australia.

This video outlines the success of our gun laws. (More Gun Laws = Fewer Gun Deaths)


I think that we, as a nation, are clear proof of the success of introducing gun laws and how it actually has shown to protect society. Nations like the US need to follow us and mirror our laws; in order to finally abolish, eradicate and prevent these mass shootings from ruining thousands and thousands of families each and every year.

Reference for Text:
http://www.skynews.com.au/news/top-stories/2015/10/02/australia-did-it--obama-says-on-gun-law.html

Reference for Image:
http://images.theage.com.au/2013/01/13/3950087/353-guns-300x0.jpg

Reference for Youtube Video:
https://www.youtube.com/watch?v=BTZFvtp8-YQ

Mandatory Counselling/Viewing of Ultrasound for Women who Terminate their Pregnancy

Once again, I have stumbled across another current Bill by Fred Nile (pictured to the right), which has prompted me to discuss it. This Bill (Pregnancy Termination (Mandatory Counselling) Bill 2015) was introduced the same day as the Bill in the previous blog post which relates to increasing the legal drinking age from 18 to 21 (both introduced by Fred Nile). Much like that Bill on the drinking age; this one has been denied before, and re-introduced this year.


This Bill proposes amendments to the procedures of terminating a pregnancy. This outlines that the woman who is considering terminating her pregnancy for whatever reason MUST undertake mandatory counselling sessions, as well as viewing an ultrasound of her unborn baby. I think that this an absurd and dreadful proposal that is forcing a woman to go through these procedures; when it must already be a tough time for them. This would take an immense toll on her mental health and I completely disagree with this proposal. It is not pro-choice and takes a disgusting stance on an already serious issue in today's society.

The fact that this proposal will submit the woman through immeasurable pain and possibly making her feel guilty for her actions (even though it is her choice in the matter- no one else) is not how the law should function in our world. We shouldn't have to stoop to these levels- forcing the woman to attend counselling session or viewing images of her unborn baby is just absurd and ludicrous. I think this is a very silly proposal and is not how I pictured the law to operate; to be playing and toying with the emotions of a woman in such a way; to force her to do such things. It is just plain wrong.

Reference for Text:
https://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/131a07fa4b8a041cca256e610012de17/86865db4fbcb2da0ca257e3c0025c951?OpenDocument

Reference for Images:
http://www.smh.com.au/content/dam/images/1/2/n/l/g/f/image.related.articleLeadwide.620x349.12nlep.png/1421202992597.jpg
http://www.soc.ucsb.edu/sexinfo/sites/default/files/files/styles/large/public/field/image/tumblr_louqj5ibcC1qk48q1o1_500.png

Drinking Age: 18 or 21?

I have recently stumbled across a proposed Bill (Liquor Amendment (Drinking Age) Bill) by Fred Nile in the NSW legislative council that is proposing to amend the drinking age in Australia from 18 to 21 years old. This would involve an amendment to the Liquor Act 2007. 

This has been a key issue raised repeatedly a number of times for a variety of reasons. Such that this isn't the first time Fred Nile has introduced this Bill (he did so back in 2011, and it was promptly rejected). But I believe that the legal drinking age should stay the same, in fact, 29 states in the US have actually lowered the age from 21 (I see this as a growing trend). 

Turning 18 marks an important time in a young persons life. It is seen in Australia as the becoming of an Adult; entering adulthood. You gain a number of responsibilities and freedoms including the right to vote, gamble and drink. Now, especially in a country where individuals are actually legally obliged to vote at 18, I definitely do not think that this Bill will gain any political traction or support.

People are still going to drink no matter what the drinking age is, and I don't see anything changing if the legal age is increased from 18 to 21 as teenagers will still find a way to get their hands on it. I would actually go as far to say that they would want it and yearn for it even more if the age was increased. 

This video showcases some of the opinions of some Australians on this vital question: "Should we raise the legal drinking age from 18 to 21?"

I therefore believe that increasing the drinking age will not significantly lower or decrease alcohol-related harm in teens. To combat this issue of intoxication, the Government and NGOs need to focus on the existing measures and policies in place, and work towards consolidating them before ever taking the drastic measure of increasing the legal drinking age; as I believe this will not change much. Therefore, I firmly believe that this is not a necessity in today's society, and we should focus on other means to fix the problem of the harms of alcohol and intoxication.

Reference for Text:
https://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/131a07fa4b8a041cca256e610012de17/0039557f593ef665ca257e3c0021ec74?OpenDocument

Reference for Image:

http://www.bu.edu/today/files/2010/10/18or21-beerfoam_h.jpg

Reference for Youtube Video:

https://www.youtube.com/watch?v=DM3WzeJ0Btc

"Dine and Dash"

In this blog post, I would like to discuss the issue and concept of "Dining and Dashing," and the legal ramifications that may arise from committing this act. It is my understanding that the term refers to the indecent act of eating out at an establishment ("Dining") and leaving without paying ("Dashing"). The term does not only just refer to specifically eating out at a restaurant it actually entails a range of other offences such as filling up your car with petrol and then leaving without paying.

Therefore, to sum up the term, it involves obtaining a service and leaving without paying. Obviously this is an ethical issue but there are also legal consequences to committing this crime. Contrary to popular belief, this is actually a criminal offence in Australia. For example, looking at the Tasmanian statute; Police Offences Act 1935 section 38A ("Making off without payment") clearly states that a person is guilty of a fine (of up to $1540) or even imprisonment of up to 12 months if you are found to have known that payment on the spot for goods supplied or services completed and then dishonestly make off without paying that agreed fee. However, I think that it must also be noted that if the supply of those goods was illegal, then this section is not legally enforceable.

I believe that the general crux of this legal issue is that someone is clearly taking advantage of a system of trust; that the restaurant for example, expects you to pay for what you eat. It is also interesting to note that many restaurants actually budget for walk-outs, and that they almost expect that this is a regular occurrence. I think that this shouldn't be the case; and that restaurants shouldn't have to worry about such a petty problem. Although some may think that this isn't an issue that needs fixing, I believe that there needs to be more policies and facilities in place to eradicate this behaviour. Those who offend are at an extremely high risk of doing again, as essentially this is theft, and it needs to be treated in the same regard. Offenders will keep committing this crime if they are not caught, so something needs to change!


Reference for Text:
http://www5.austlii.edu.au/au/legis/tas/consol_act/poa1935140/s38a.html

Reference for Images:
http://www5.austlii.edu.au/au/legis/tas/consol_act/poa1935140/s38a.html
http://dinendash.ca/img/logo.png