Employment Law - How your Criminal History may affect your future Employment
Date: March 14, 2011
Authors: Mark Bostock LL.B., B.Bus.
A concern faced by many who are facing prosecution is the influence a conviction may have on them should they be found guilty of a criminal offence.
Avoiding the recording of a conviction
The courts in New South Wales have the power to decline to record a conviction for someone who has been found guilty of a criminal offence. Under the Crimes (Sentencing Procedure) Act 1999 the court may make one of the following orders:-
- An order directing that the relevant charge be dismissed (effectively declining to impose a punishment or a conviction notwithstanding that the offender is guilty of an offence);
- An order discharging the offender on the basis of a good behaviour bond of up to two years;
- An order discharging the offender on the condition that they participate in an “intervention program” (for example, a traffic offenders program or drug/alcohol rehabilitation).
Although the offence will still be considered in sentencing for any future offences, it is removed from your records for the purpose of a Criminal Record Check.
In deciding whether to exercise their power to decline to record a conviction, the court is required to take into consideration the following:-
- A person’s character, family/social background, age, health and mental condition;
- The trivial nature of the offence;
- The extenuating circumstances in which the offence was committed;
- Any other matter the court thinks proper to consider.
In practice the court will need to find compelling reasons to grant such an order, and it will be exceptionally difficult for repeat offenders to get the benefit of an order. An offender seeking one of these orders can cite the potential for a conviction to unreasonably interfere with their ability to earn a living as a reason to grant such an order.
Be aware that for the good behaviour bond option described above, the guilty verdict will appear on your Criminal Record until the good behaviour period has elapsed. Your record will also identify charges for which court proceedings are pending.
Impact of a conviction on employment
With respect to existing employment, a termination which occurs as a result of the conviction may be declared an unfair dismissal on the grounds that the dismissal was “harsh, unjust or unreasonable”. Your ability to successfully argue this will depend heavily on the particular circumstances of the offences and the nature of the employment. In many cases a minor conviction which is not relevant to job performance or the reputation of the employer may be harsh, unjust or unreasonable.
Certain industries will have specific restrictions on people with convictions. In fields such as Medical, Legal, Gaming, Public Service, Security, Real Estate and company directorship there are industry-specific standards where certain offences may impact on your eligibility to work in certain fields. You should seek legal advice specific to your circumstances as you may be able to successfully challenge any unreasonable exclusion.
In respect of future employment, unfair dismissal protection is not available for someone who has not yet been employed. Anti-discrimination protection may be available, however adverse consideration of past unlawful conduct is not grounds for discrimination.
On a practical level, an applicant should be mindful that background checks are generally only conducted if there is a genuine intention to hire, as it is not practical to conduct checks on all applicants as a means of “screening” candidates. Decision makers will generally not have a legal background and therefore may not fully understand the seriousness of offences simply from the charge description that it may appear on the page. Therefore if there are any unusual or extenuating circumstances, you should retain contemporaneous records if you wish to explain such matters to a potential employer. Solicitor letters are can be a good record if there is no other tangible evidence of relevant issues. You should also retain records of any rehabilitation that may have taken place subsequent to the offence (for example, evidence of treatment following alcohol-related offences).
Working with children and AVOs?
Where the position involves contact with children, a Working With Children search is mandatory. Only the most serious of offences involving children will result in an automatic ban on someone working with children. In all other instances, the relevant department issues a risk assessment, and it will be for the employer to determine whether to hire in view of this risk assessment.
A Working With Children search can consider Apprehended Violence Orders even if such an order was imposed without deciding whether any alleged violence actually took place. Generally it will be AVOs which make orders with respect to children which will result in an adverse search. Therefore anyone potentially working in child-related employment needs to be mindful of the implications of agreeing to an Apprehended Violence Order with terms regarding children as this may have consequences in the future.
Other implications of the recording of a conviction
You may be restricted from future overseas travel as a result of a recorded conviction. The extent to which this may be a problem will depend on the policies of the destination country. While it is not possible to run through every conceivable scenario, you should note that in the vast majority of cases the specific nature of the offence will be taken into account. For example, drug offences (however minor) will attract a high level of scrutiny.
Restrictions are likely to be more relaxed if you are applying for a tourist visa. If you intend to work overseas or live overseas for any extended period however, a recorded conviction will be particularly problematic.
Employment Law - How $16,000 in underpayments can turn into $200,000 in fines.
Date: April 30, 2012
Author(s): Patrick Mulligan B.A., LL.B.
This article pinpoints the importance of obtaining advice on employee entitlements and early intervention by a lawyer when the Fair Work Ombudsman(FWO) initiates a workplace investigations. This case concerned a retail shoe business that underpaid employees.
Criminal Law - Social Security Fraud - Amendments to social security legislation and reporting requirements after court finds legal loophole in favour of defendant
Date: April 18, 2012
Author(s): Patrick Mulligan B.A., LL.B.
A recent Supreme Court appeal established a major flaw in social security fraud cases. In order to establish social security fraud, the prosecution will usually charge the defendant pursuant to s135.2 (1) of the Criminal Code (Cth). The charge is obtaining financial advantage from the Commonwealth.
Employment Law - Contract Law - Contract of Emplyment - Reisgning in fixed term contracts
Date: March 27, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to review the Purcell case. This case is significant in so far as it highlights the application of contract theory to employment contracts. Theoretically when one party elects to terminate/breach the contract by resigning the law provides that the innocent party may elect to accept the repudiation or keep the contract on foot.
Employment Law - Restrain of Trade Clause - Restraint clause held to be reasonable but court would not grant injunction
Date: March 02, 2012
Author(s): Patrick Mulligan B.A., LL.B.
EMPLOYMENT LAW-RESTRAINT OF TRADE CLAUSE IN EMPLOYMENT CONTRACT-EMPLOYMENT RESTRAINT CLAUSE HELD TO BE REASONABLE BUT COURT NOT GRANT INJUNCTION AS IN ALL THE CIRCUMSTANCES IT WOULD BE UNJUST.
CASENOTE: ECOLAB PTY LTD V STEPHEN GARLAND [2011] NSWSC 1095 (SEPTEMBER 2011)
The purpose of this article is to analyse the above case. It is a very significant precedent and goes to show the flexibility the courts have when considering whether or not to grant an injunction.
Employment Law - Contractors - How do you draft a contract for an independent contractor?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
It is important to try and avoid creating an employment contract or a contract of services. Legally, this means that you must describe the arrangement as a contract for services.
Employment Law - Contractors - How does the Fair Work Act 2009 (Cth) seek to minimise ‘sham’ arrangements?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
The Independent Contractors Act 2006 (Cth) (the Act) took effect on 1 March 2007. The Act seeks to ensure that genuine independent contractors are not treated as employees. It also protects genuine employees from being treated as independent contractors.
Employment Law - Contractors - What makes a worker is an independent contractor?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
Many people that operate as independent contractors run their own businesses. The work of an independent contractor may permit a worker to delegate or subcontract performance of the work to other persons.
Employment Law - Unfair Dismissal - Are you a casual or permanent part-time employee?
Date: March 01, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to address employees and employers obligations under the Fair Work Act with respect to entitlements, payment, classification and remedies for employees.
Employment Law - Contractors - GST, superannuation payments and ABN
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
Usually independent contractors do not have the benefit of receiving compulsory superannuation contributions. It is prudent, however, to obtain specialist superannuation advice from a legal practitioner or a certified accountant, as to the circumstances in which an independent contractor is entitled to the benefit of compulsory superannuation contributions.
Employment Law - Contractors - What is the difference between a contractor and an employee?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
Contractors are not employees and legally they stand in a class of their own. The parties to a contract need to be clear about their respective rights and responsibilities at the outset because the distinctions between employees and contractors have long vexed the courts.
Employment Law - Adverse Action Claim - An example of a case where the employer rebutted presumption that employee was dimissed due to complaining about work conditions and entitlements
Date: February 27, 2012
Author(s): Patrick Mulligan B.A., LL.B.
Mr. Manchin(employee) commenced employment with Miners Tipper Services as a truck driver.(Herein the employer). The employer dismissed him on the grounds that his conduct jeopardised the reputation and business relationships of the business. In response he filed an application claiming that the real reason for his dismissal was because he exercised workplace rights with the employer by complaining about wage conditions and entitlements.
Employment Law - Unfair Dismissal - Can an employee be dismissed for comments made on Facebook regarding work colleagues?
Date: February 27, 2012
Author(s): Patrick Mulligan B.A., LL.B.
Mr. Stutsel had worked for Linfox for over 22 years. Fellow managers had learnt of comments made about them on face book. One manger of Muslim origin was called a “bacon hater” and sexual innuendos and jokes were made about a female manager. An investigation was conducted. Mr. Stutsel was subsequently dismissed.
Employment Law & Commercial Law - Restraint of Trade Clause - Introduction Fees? Are they restraint of trade clause?
Date: February 27, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to analyse a recent decision in the Supreme Court of Victoria regarding the interpretation of restraint of trade clauses. In Earth Force Personnel Pty Ltd v E A Negri Pty Ltd & Anor [2010] VSC 426 (22 September 2010) a labour hire company appealed a decision by the Magistrates Court regarding the interpretation of an introduction fee. In that case the respondents argued that the introduction fee was unenforceable as a restraint of trade clause and that the introduction fee was therefore not payable.
Criminal Law - All you need to know about stalking
Date: February 21, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
If you have been charged with stalking, it is a serious criminal offence and carries a maximum penalty of 10 years imprisonment. A defence available to you in criminal proceedings for stalking or a personal safety intervention order is that the court is required to be satisfied on the balance of probabilities that the person has engaged in a course of conduct without malice.
Civil Procedure - Overarching Obligations
Date: February 20, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
The Civil Procedure Act 2010 (Vic) was introduced to reform civil procedure in the Federal and Victorian courts. The Civil Procedure Act came into effect on 1 January 2011. The Civil Dispute Resolution Act 2011 (Cth) was introduced to reform civil procedure in all Federal Courts and is expected to come into effect before October 2011.
Criminal Law – Sexual Offences (Vic)
Date: February 20, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
Sexual crime is a serious offence within our community. Depending on the circumstances, if you are found guilty and convicted of a sexual offence the penalties may involve imprisonment.
Criminal Law - Compensation for Victim of Crime
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
In Australia, all states and territories have approved counselling schemes and statutory compensation schemes that aim to provide support and rehabilitation for victims of crimes of violence.
Family Law - Children and the Criminal Justice System
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The criminal justice system in Australia provides a set of processes and practices when dealing with children and young people who are alleged offenders or who have been found guilty of committing a crime. It encompasses the general process of arresting, charging and sentencing a child offender and the legal orders provided by the courts.
Family Law- Children and Criminal Responsibility
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Although difficult to fathom, we cannot deny the fact that children as young as 10 years old are capable of committing a crime. The Australian legal system acknowledges that children require special attention, consideration and protections. As a result, a number of legislations and common law particularly deal with children and young people and how they ought to be treated in the criminal justice system.
Employment Law - The Enforceability of Post Employment Restraints of Trade (Vic.)
Date: December 18, 2011
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Employing highly intelligent and highly qualified employees in a range of sophisticated commercial businesses is a risky business for employers.
Employment Law - Redundancy - Unfair Dismissal - Should Employers Offer a Lower Paid Position to Employees?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to review Margolina v Jenny Craig Weight Loss Centres Pty Ltd [2011]FWA 5215. This case addressed issues of whether it would have been reasonable to redeploy the employee into a lower paying position when she was made redundant. She argued that it was not a genuine redundancy as the employer never offered her alternative employment in a lower paid position.
Employment Law - Unfair Dismissal or a Genuine Redundancy? When is Redeployment Reasonable?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
A common issue in termination of employment is determining whether the employee has been unfairly dismissed or made redundant. The employer may have told the employee that it is a genuine redundancy.
Criminal Law - Child Abduction
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians.
Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.
Criminal Law - Child Abuse
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
There is no exact figure as to how many children in Australia are suffering from child abuse. But one thing is for sure, it is heart-breaking. It is a complex issue that is all too often ignored. Child abuse is a situation where a child suffers significant harm from an injury caused by the child’s parent or guardian. This can take the form of emotional, mental or physical abuse.
Criminal Law - Fatal Child Neglect
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Child neglect should never be taken lightly, because often enough, it can lead to the death of a child. Fatal neglect is defined as the death of a child as a result of inadequate care. As a result, the child suffers from extreme conditions of deprivation, such as malnutrition and inadequate health care.
Criminal Law - Apprehended Violence Orders - Court and Penalties
Date: March 10, 2011
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The vast majority of the AVOs and PVOs are settled after negotiations and the application can either be withdrawn and dismissed, or an undertaking made not to embark on any form of specified behaviour without admissions, or with an order being made with the consent of both parties with no admissions as to the nature of the facts alleged in the application for an order.
The Difference between Prescribed Concerntration of Alcohol (PCA) Offences and Drive Under Influence (DUI) of Alcohol or Drug
Date: March 10, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
Police are able to conduct breath tests on drivers in NSW under certain circumstances. When a driver has been involved in a motor vehicle accident, when stopped for their manner of driving, or as it often the case at random breath test stations.
Employment Law - Employee Theft
Date: March 07, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
Employees stealing from employers in an increasing problem. This is increasingly evident when approximately 80% of workplace crime is carried out by employees. Employee dishonesty is a crime, it can take many forms such as embezzlement of funds, false invoicing, theft of cash, false inventory, payroll fraud and computer fraud.
Employment Law - Restraint of Trade - Cascading Clauses
Date: December 20, 2010
Author(s): LAC Lawyers
Restraint of trade has garnered an ever increasing amount of attention over the past few years as employers attempt to restrain former employees in their conduct after they leave their employ.
Employment Law - Unfair Dismissal and Discrimination Provisions
Date: December 07, 2010
Author(s): LAC Lawyers
If you can answer yes to any of the following questions then this article on Unfair Dismissal and Discrimination is for you
Unlawful Discrimination Claims and Limitation Periods
Date: December 01, 2010
Author(s): LAC Lawyers
Having established your right to make an unlawful discrimination claim, the next step that one needs to consider is the limitation period for the lodgement of such a claim.
Drink Driving - What Happens When You Go To Court
Date: November 10, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Check out our step by step guide on the court porcess for drink driving.
Criminal Law - Centrelink Fraud, How Do You Get Caught?
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
If you are in receipt of Centrelink benefits then you have a duty to provide Centrelink with all information regarding your earnings and financial circumstances. Should you fail to make any relevant disclosure with respect to your earnings and financial circumstances and it is later detected by Centrelink then you could find yourself being brought before the Court to answer criminal charges.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Family Law - International Parental Child Abduction
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Given the multicultural society in which we live, it has become more frequent that children are being removed by a parent from the country in which they reside and taken to another country in which their parent was born and may still have relatives and/or friends.
Business and Commercial Law - Restraint of Trade
Date: October 08, 2010
Author(s): LAC Lawyers
Key employees have always been the cornerstone of every successful business or enterprise and great difficulties are caused by the sudden loss or departure of key employees which in turn could harm the relationship between the business and its clients. Key employees have over the years enjoyed a close relationship with clients and losing them would have a detrimental effect on the management and reputation of the business.
Employment Law - The Rights of an Employer and their Employee
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
With the Law in this area constantly changing, many employers and employees are uncertain as to their rights with respect to such things as employment contracts, termination of employment and redundancy.
Employment Law - You Have Been Terminated, Does it Amount to Unfair Dismissal?
Date: October 08, 2010
Author(s): LAC Lawyers
Organisations with It is becoming more rampant in the current times that an employee is found to have been terminated. Termination of employment can take several forms and unfair dismissal seems to be a common occurrence.
Small Business Fair Dismissal Code - Termination Of Employment Rules For Small Business Under The Fair Work Act 2009 (Cth.)
Date: July 30, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
One of the significant changes made to unfair dismissal laws by the Rudd Government under the Fair Work Act 2009 was the introduction of the Small Business Fair Dismissal Code (“the Code”). The Code included a check list for employers to complete when terminating employment. Small employers hoped that by complying with the check list, it would be easier to dismiss staff.
Criminal Law - Centrelink Offences - An Overview
Date: May 10, 2010
Author(s): LAC Lawyers
There are various types of Centerlink offences the most common Centrelink Fraud, i.e. engaging in conduct to obtain a financial advantage from a Commonwealth entity knowing and believing that one is not eligible to receive that financial advantage. Most often people deliberately provide Centrelink with false, incomplete or misleading information and break the law.
Employment Law - Unfair dismissals under the Fair Work Act
Date: April 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Fair Work Act 2009 (Cth) became fully operational from 1st January 2010. The Fair Work Act changed the rights of employees and responsibilities of employers relating to dismissals.
Employment Law - Unfair dismissals under the Fair Work Act - Common Law Contracts
Date: April 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Finally, common law contracts of employment will continue to regulate a large number of employment relationships under the Fair Work Act. This will continue to be the case notwithstanding the creation of ‘Modern Awards’ by the Australian Industrial Relations Tribunal since January 2010. These Modern Awards cover ten modern award conditions which are similar to the National Employment Standards that provide the basic safety net for employees.
Employment Law - Unfair dismissals under the Fair Work Act - General Protection Provisions
Date: April 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Fair Work Act incorporates general protection provisions in Part 3 – 1. This Part incorporates the type of protection provided under unfair dismissal and freedom of association provisions which was incorporated into the Work Choices legislation. The unlawful termination provisions of Work Choices have been re-enacted in Part 6 – 4 of the Fair Work Act. However, the Fair Work Act provides that a person may not apply for help against an unlawful termination if they are also entitled to challenge the dismissal under the general protection provisions.
Employment Law - Unfair dismissals under the Fair Work Act - Remedies and Entitlements
Date: April 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Remedies under the Fair Work Act are largely the same as under Work Choices. Reinstatement is the primary remedy. However, Fair Work Australia’s power to reinstate has been increased to order reinstatement to ‘associated interties’ – in other words to other companies in a group.
Employment Law - Can Employers Be Stopped From Discriminating Against Employees Upon The Basis Of Lifestyle Or Philosophical Beliefs As Opposed To Religious Or Political Beliefs?
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
An English Decision and its Implications for Australian Emloyment and Discrimination Law
Employment Law - Employee and Employer Duties in Common Law Employment Contracts
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
In addition to the express terms of a common law contract of employment, the contract may also include implied terms.
Employment Law - Restraints Of Trade: Restraining Former Employees When The Work Agreement Has Ended
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Employment restraints are contractual terms which seek to limit the activities of the employee once their period of service ends.
Employment Law - The New Fair Work Act - Collective Agreements (4)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Employment Law - The New Fair Work Act - Consequences & The Agreement Making Process (5)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
If a workplace agreement replaces guaranteed agreement terms or conditions in a reference instrument with benefits that may or may not be realised during the life of the agreement, the Workplace Authority Director would consider these arrangements to be a reduction in the employees’ terms and conditions.
Employment Law - The New Fair Work Act - Contracting With Employees (3)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Essentially, with the introduction of the Fair Work Act, there are two ways in which an employer can contract with the employees in its workforce. The first is by way of common law contracts of employment. This is the subject of a separate LAC Lawyers’ article available through the website.
Employment Law - The New Fair Work Act - New National Employment Standards (2)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Under the Fair Work Act, the new National Employment Standards provide a new national safety net, irrespective of whether or not businesses enter into a Workplace Agreement.
Employment Law - The New Fair Work Act - What Is It and What Does It Do (1)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
On Friday, 20 March 2009, the Fair Work Bill was finally passed by the Australian Senate after Family First’s Senator Fielding voted with the Government after doing a deal in relation to the unfair dismissal provisions. It received Royal Assent on 7 April 2009.
Criminal Law - More about Centrelink Fraud
Date: August 12, 2009
Author(s): LAC Lawyers
Receiving money from Centrelink to which you are not entitled to is an offence. This offence could carry a monetary penalty, a jail term, community service and periodic detention. So, if Centrelink says that you have been overpaid and they advise you that they wish to interview you, you should seek our legal advice immediately. If an incorrect payment or fraud of some kind has been detected, the customer will be contacted about this and will be asked to explain why it happened. If this results in an overpayment, a debt will be raised for this amount and it must be repaid.
Success in an Appeal to a University Body for an Accusation of Plagiarism
Date: August 04, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Criminal Law - Sports Law
Date: July 04, 2009
Author(s): LAC Lawyers
Tom, an A grade soccer player, had been charged with having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. A plea of "not guilty" had been entered and the player had a strong defence case. At law there is a “presumption of innocence” in such matters.
Criminal Law - Traffic Matters - Drink Driving - Shall I Fight the Charges?
Date: July 04, 2009
Author(s): LAC Lawyers
There goes the saying, “If you drink and drive you’re a bloody idiot”. However, it is easier said than done. Sometimes when we monitor our intake of alcoholic drinks and are sure that we are under the limit, we would then be surprised to find out that we are over the limit. Victoria, if your BAC reading is 0.07 or more, you will lose your drivers’ licence. So, do you take it on the chin or do you fight the charge?
Employment Law - Part 1 - How will the new workplace relations laws introduced on 1 July 2009 affect you?
Date: July 04, 2009
Author(s): LAC Lawyers
The introduction of new workplace relations laws through the Fair Work Act 2009 has changed employment law in Australia as we know it. The aim of the Australian Government in implementing this change is to effectively balance the various needs of employees, employers and unions with a view to ensuring Australia becoming a better country financially and guaranteeing minimum workplace standards and maintaining workplace rights.
Employment Law - Redundancy - Transmission of Business
Date: July 04, 2009
Author(s): LAC Lawyers
Your employer writes to you informing you that the company has sold its business together with its assets to another entity and that you are to re-apply for the same position in the new company. What are your rights? Have you been terminated? Are you entitled to claim redundancy payments?
Employment Law - The Three 'R's' & Unfair Dismissal
Date: July 04, 2009
Author(s): LAC Lawyers
What we’re referring to here is not the traditional ‘three R’s’ associated with education, but rather, the ‘R’ words in the context of employment and industrial law: resignation, retrenchment, and redundancy. Perhaps the word ‘retirement’ could also be added. This has great relevance in the current economic climate.
Employment Law - General Employee Entitlement & Redundancy Scheme (GEERS)
Date: June 05, 2009
Author(s): LAC Lawyers
If you have been made redundant or have lost your job because your employer has gone bust and you have not been paid your outstanding wages or entitlements, then you may be eligible for payment under GEERS.
Criminal Law, Sports Law - Appeal against Football Federation of Australia determination on sanctions against players
Date: May 26, 2009
Author(s): LAC Lawyers
Tom, an A grade representative soccer player, had been charged under Section 66C(1) of the Crimes Act 1900(NSW) being the offence of having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. This happened in January 2008 and the matter was only listed for committal hearing in October 2009. A plea of “not guilty” had been entered and the player had a strong defence case. As is commonly known there is a “presumption of innocence” in such matters.
Criminal Law - Apprehended Violence Orders - Offences
Date: May 21, 2009
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Given the rise in awareness of the cost and impact of violence in the community, with a focus on domestic violence, the NSW Parliament has responded with legislation designed specifically to address this area. The aim of the current legislation (Crimes(Domestic and Personal Violence) Act 2007 No. 80 (the Act)) is...
Criminal Law - Have you been charged with assaulting police?
Date: April 03, 2009
Author(s): LAC Lawyers
It has been a long week at work, you decide to unwind and have a couple of beers at your local pub. Unfortunately you don’t know when to stop as you’re having a great time but are annoying some of the patrons at the same time. The management ask you to leave and you refuse.
Sports and the Law - Restraining the Paparazzi
Date: February 12, 2009
Author(s): LAC Lawyers
Wayne is an internationally known Australian fast spin bowler. As a celebrity he is a typical target for freelance photographers out to make profit from capturing his image in whatever attitude at any time and any place. Sadly his family is often caught in the thick of it. Although it must be nice to be famous, it must be equally exhausting to have photographers lurking around every street corner, up every tree and...yes...hiding inside garbage bins as well.
Criminal Law - Bail - The importance of a well prepared bail application
Date: February 02, 2009
Author(s): LAC Lawyers
Given that the Act provides for authorisation to be at liberty, the question obviously arises as to what types of matters could put an accused’s liberty at risk and what forms of review, if any are possible, if bail is refused.
Criminal Law - A strong prosecution case is not always what it seems
Date: January 30, 2009
Author(s): LAC Lawyers
Doctor Bob was presented with such an apparently insurmountable case. This sixty five year old general practitioner of some forty years experience was languishing in the Court cells as his solicitor poured over photographs of the doctor’s estranged wife. He was charged with assaulting her causing her actual bodily harm. The solicitor in reviewing the photos pondered why the charge had not been the more serious one of occasioning grievous bodily harm. The poor woman was covered from head to foot in multiple bruises of a dark blue/purplish nature.
Sports and the Law - Famous sports people are often the target of blackmailers
Date: January 28, 2009
Author(s): LAC Lawyers
Sports people can be easy prey for blackmailers and extortionists. Whilst at the height of their careers, sports men and women can be big fee earners and commanding enormous popularity. Sadly they are only human with human failings and weaknesses. They can easily be exploited by unscrupulous individuals intent on “cashing in” on their fame and fortune.
Criminal Law - Centrelink Offences
Date: January 23, 2009
Author(s): LAC Lawyers, Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Social security fraud is a general malaise affecting the ability of the Commonwealth Government to provide benefits to the needy. Centrelink fraud is committed when a person knowingly gives false and misleading information to obtain access to a benefit and to obtain a payment that they should not be getting; or misrepresents their circumstances; or fails to inform Centrelink that they have no further entitlement to benefits.
Criminal Law - Crown Appeal Against Sentence
Date: January 22, 2009
Author(s): LAC Lawyers
When an accused person (“A”) has been convicted or has pleaded guilty to an offence A will be sentenced by the Court. If the Crown is of the view that the sentence A received was manifestly inadequate, then the Crown can appeal against the original sentence.
Criminal law - Centrelink Fraud
Date: January 16, 2009
Author(s): LAC Lawyers
Centrelink fraud has become rife in the last few years and Centrelink investigators have become more and more ardent at uncovering this. There is a deliberate attempt to rip-off the system and today’s sentencing shows how harshly welfare cheats can expect to be treated by the courts.
Criminal Law - Larceny, Theft, Stealing
Date: January 16, 2009
Author(s): LAC Lawyers
At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof
Criminal Law - What constitutes an assualt and possible defences
Date: January 16, 2009
Author(s): LAC Lawyers
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years
Criminal Law, Sports Law - Sexual acts with a minor can lead to serious consequences for a young professional
Date: January 16, 2009
Author(s): LAC Lawyers
The legislation of all states have embodied in their Crimes Acts various penalties for sexual related offences. The parliaments of the States regard these matters very seriously and the penalties prescribed are often severe.
Criminal Law - Does a threat equal an assault?
Date: December 01, 2008
Author(s): LAC Lawyers
Criminal Law - Self Defence
Date: December 01, 2008
Author(s): LAC Lawyers
Self defence is an issue that needs to be disproved by the Crown beyond reasonable doubt. Normally a defence will apply once the Crown has proved its case to excuse the actions of the accused. However, if the Crown cannot disprove self defence then the accused is entitled to an acquittal.
Criminal Law - Drink Driving Summary
Date: October 21, 2008
Author(s): LAC Lawyers
Everything you need to know about drink driving...
Criminal Law - Traffic Offenders Program
Date: October 21, 2008
Author(s): LAC Lawyers
Some common questions about the Traffic Offenders Program
Criminal Law - Need info on Bail, read this!
Date: September 25, 2008
Author(s): LAC Lawyers
Some handy information on Bail.
Criminal Law - The Pro's And Con's Of taking Part In A Police Interview
Date: September 25, 2008
Author(s): LAC Lawyers
The decision as to whether to participate in a record of interview with police is often a difficult one to make. There are various advantages and disadvantages in doing so, therefore, it is important that competent legal advice is obtained. LAC Lawyers are able to assist and advise you whether you should participate in such an interview.
Drink driving - Although rare, it is possible to have your DUI dismissed.
Date: September 25, 2008
Author(s): LAC Lawyers
LAC Lawyers was recently involved in a matter where we succeeded in having charges against our client dropped. Our client was charged with low-range PCA because the police thought he was "failing to submit" to breath analysis where in reality the machine was faulty.
Criminal Law - Assault Occassioning Actual Bodily Harm
Date: September 24, 2008
Author(s): LAC Lawyers
Criminal Law - Posses Prohibited Drug
Date: September 24, 2008
Author(s): LAC Lawyers
Drink Driving - Your Rights, Police Powers, Court Penalties
Date: September 01, 2008
Author(s): LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).
Criminal Law - Dealing with the Police - Some Tips (Vic.)
Date: February 01, 2008
Author(s): LAC Lawyers
Police officers are like every other section of our community. Likewise is not always possible to distinguish the good from the bad. Therefore it is an advantage to know what to do when you have to encounter one or more police officers.
Criminal Law - Child Pornography
Date: January 15, 2008
Author(s): LAC Lawyers
It is a serious offence to possess or disseminate child pornography. Possession of child pornography is punished by up to 5 years imprisonment and dissemination by up to 10 years.
Criminal Law - Unauthorised possession of Prescription Drugs
Date: January 15, 2008
Author(s): LAC Lawyers
Most so called 'party drugs' are prohibited drugs. Cocaine, speed, methleamphetamine, MDMA and cannabis are all prohibited drugs. They are available because people will pay good money to use them recreationally.
Drink Driving - Legal Representation Is Your Best Bet
Date: December 13, 2007
Author(s): LAC Lawyers
Drink Driving is a crime that people, including professionals, are increasingly being charged with nowadays. On many occasions it is a first offence where one misjudges how much they had consumed, assumes they are within their legal limit to drive, and are then, to their misfortune, stopped by Police and charged.
Employment Law - Unlawful Termination of Employment, Where Do You Stand?
Date: September 11, 2007
Author(s): LAC Lawyers
The Workplace Relations Act 1996[1] (‘WRA’), states that an employee’s employment is not to be terminated on certain grounds and section 659(2) of the WRA provides the appropriate coverage.
Unfair Dismissal - Your In the Wrong Class?
Date: September 11, 2007
Author(s): LAC Lawyers
The unfair dismissal provisions of the Workplace Relations Act 1996[1] (‘WRA’) are buried in the detail of the Act and for an employee to determine whether they have a valid unfair dismissal claim they need to establish if any exclusionary provisions apply to their particular employment circumstances.
Employment Contracts and Restraint of Trade Clauses
Date: April 22, 2007
Author(s): LAC Lawyers
This paper explores restraint of trade and confidentiality agreements between employers and employees. It is common for employers to have a global restraint clause to restrain departing employees from working for a competitor and that may not be sufficient.
Criminal Law - Drink Driving Offences (Vic.)
Date: December 18, 2006
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - How Serious Are AVOs (New South Wales)
Date: October 12, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
Criminal Law - Slavery and/or Sexual Servitude
Date: August 01, 2006
Author(s): LAC Lawyers
Slavery in Australia has been a criminal offence since 1824 due to the application of the Slave Trade Act 1824. In 1999, the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 was enacted.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.
Employment Law – Unfair Dismissal and the Workplace Relations System
Date: March 26, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The Federal Government has announced widespread changes to the Australian workplace relations system, by relying upon one of the heads of power under the Australian Constitution, namely the Corporations Power.
Criminal Law - Drugs: Police Sniffer Dogs: Part 1
Date: March 21, 2006
Author(s): LAC Lawyers
The dogs have been let loose recently. Numerous people have been charged generally involving small amounts of cannabis and MDMA (ecstasy) as a result of over active Labradors at pubs, parties and big days out. A client who recently contacted me was apprehended walking to a dance party in the Botanical Gardens. She had in her possession, 1 joint and 1 pill.
Criminal Law - Drugs: Police Sniffer Dogs: Part 2
Date: March 21, 2006
Author(s): LAC Lawyers
On 22 February 2002, the NSW Parliament enacted the Police Power (Drug Detection Dogs) Act (The Drug Dog Act). The Drug Dog Act continues to allow police to use drug dogs to search an individual once they have formed a reasonable suspicion that an offence has been committed.
Criminal Law - Drugs: The Pitfall of Pills: Part 1
Date: March 21, 2006
Author(s): LAC Lawyers
Called; ecstasy, e, ecce, disco biscuits or 3, 4 methyledioxymethylamphetamine (MDMA), MDMA is an increasingly popular party drug. Putting aside any health issues with drug use, one frequently overlooked consideration is that it is illegal in New South Wales.
Criminal Law - Drugs: Pills and Drug Weight: Part 2
Date: March 20, 2006
Author(s): LAC Lawyers
What the law calls admixtures count as the drug weight. for the purpose of State drug offences, the law looks at the total mass of the drug and not pure drug bulk. This means that even if the pill is very low in purity as long as it contains some MDMA, the total bulk of the pill is the amount that counts.
Criminal Law - What Do I Do When I Am Arrested?
Date: March 15, 2006
Author(s): LAC Lawyers
No-one who is arrested should be left to the mercy of the system as it can be a very unkind friend when you are in need. While it is important to co-operate with the police it is extremely important that you understand your rights and do nothing to prejudice yourself whilst in custody.
Employment Law - Workplace Bullying
Date: February 17, 2006
Author(s): LAC Lawyers
Workplace bullying has been with us ever since the advent of the Industrial Revolution. Interestingly in New South Wales the Office of Industrial Relations of the NSW Department of Commerce provides scant information about this anti-social workplace behaviour.
Criminal Law - Serious Traffic and Drink Driving Offences
Date: February 16, 2006
Author(s): LAC Lawyers
Employment Law - What Type Of Employee Am I?
Date: February 13, 2006
Author(s): LAC Lawyers
Sometimes people become confused as to exactly which category of employment they fall in to. Of course there is the permanent employee or the casual or part-time or permanent part-time or even the independent subcontractor. The real difference between the various categories of employment is whether there is a contract of service or a contract for services.
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.
Employment Law - Bullying - Adults in the schoolyard
Date: September 26, 2005
Author(s): LAC Lawyers
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.
Employment Law, Contract Law - Is a person who has a services company entitled to relief under s 106 of the Industrial Relations Act (NSW)?
Date: September 26, 2005
Author(s): LAC Lawyers
The Criminal Aftermath of Drink Driving: Penalties and Sentences
Date: September 22, 2005
Author(s): LAC Lawyers
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.