“If you have been convicted of a violent crime against women or children, you are not welcome in Australia”   Australia’s drastic new measures to crack down on Domestic Violence.   The Australian Government has this year introduced new laws to stop domestically violent offenders from entering the country, and as well as removing visa holders with prior convictions from the country altogether.   This new law was issued in December 2018, and has come into effect on 28 February 2019.   The Minister for Immigration, Citizenship and Multicultural Affairs David Coleman has directed visa decision makers to consider the …

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NSW have introduced new laws affecting punishment for all levels of drink driving offences.   The following changes impact NSW drivers: Swift and Certain loss of licence for lower-range offenders Mandatory Alcohol Interlock for mid-range offenders Vehicle Sanctions for high-risk drink drivers   Swift And Certain Loss As of 20 May 2019, first-time offenders charged with low-range drink driving may have their licence immediately suspended for a period of 3 months. There is additionally a $561 fine. For repeat offenders and / or higher range offences, the penalties increase from there. This applies to all drivers charged on NSW roads …

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During the 2018 Gold Coast Commonwealth Games, Queensland Police tried out a new technology with the aim to detect high-profile and target faces. From an internal police report released as a matter of public interest, we now know that the deployment was rushed and there were technical difficulties with the system. Both the Queensland and Federal Government denied important legislation that resulted in the system’s database being reduced by almost 40 million images. With a ~500% reduction in reference images, the facial recognition system was somewhat doomed from the start. Starting with focus on 16 high-priority targets, the system was unable …

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The police have asked me to interview. Do I have to go? You do not have to attend an interview if it has been requested by a police officer. Both Gatenby Criminal Lawyers and the Court itself recognise police interviews as being unfair. If the police still want you to come in for an interview, you should seek immediate legal advice. Gatenby Criminal Lawyers can be reached on 55800120. What’s unfair about it? I know how to deal with police. You are in unfamiliar surroundings; The officers interviewing you are trained experts and know how to get admissions out of you. These admissions may seem like innocent statements to yourself; Police interviews are very 1-sided: police give questions, you give …

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In December of 2018, the Australian Government passed new laws that put our cyber security and privacy at risk. The Government self-admittedly rushed approval of the law, without concern to the negative impacts it may have on Australians and the world of cyber security. Importantly, the law itself is vague in parts and there is no current oversight or supervision against potential abuse of the new powers. What is encryption and why is it important? Encryption is the scrambling of messages and information so that it can not be read other than by someone with the correct decryption key. In …

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We are back at work for 2019 and are looking forward to getting the best results for our clients in 2019. Our Principal, Michael Gatenby, has been featured in the Gold Coast Bulletin today commenting on the Consorting Laws. If you have any questions or have been served with a notice please contact our office to make an appointment on 55800120.

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It is expected that New Zealand’s, Mongrel Mob, will be declared an ‘identified organisation’, under the Serious and Organised Crime Legislation Amendment Act 2016 The declaration comes following purported intelligence gathered by the Police Commissioner advising that there is evidence of Mongrel Mob activity in Queensland. The power to declare the gang an identified organisation is an unfettered discretion of the executive branch and is not the subject of any judicial scrutiny.

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On 26 October 2017, the Sentencing Advisory Council received Terms of Reference from the Attorney General regarding “community-based sentencing orders, imprisonment and parole options”.  At the core of the sentencing process is the effective rehabilitation, reintegration and supervision of prisoners released into the community.  Other than those serving a life sentence, there must be an acknowledgment that at some point an offender will be released back into the community.  Parole is crucial in reducing the risk of re-offending by those under supervision, prior to the end of their sentence. Sofronoff Report The terms of reference are in response to the recommendations …

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In acknowledging the link between addiction and the commission of criminal offences, the Queensland government has reinstated the Drug Court in Queensland.  This court recognises that rehabilitation is often the best way of achieving the objective of keeping the community safe from recidivist offenders, who might otherwise be unable to give up their drug and/or alcohol addiction. On 24 October, the Queensland parliament passed the Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017.  This bill is not only re-established the previous regime but expands it to include alcohol as a relevant drug. In her …

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