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What is a Voir Dire? (WA)
What is a Voir Dire? (WA)
Evidence is governed by various and complex rules to ensure that our courts and juries only rely on what is admissible evidence. ‘Admissible evidence’ is evidence that is capable of being received by a court or tribunal that goes towards proving a fact in issue.  To be admissible, evidence must be relevant and lawfully obtained.…
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Sex Work and the Law (Qld)
Sex Work and the Law (Qld)
In Queensland, sex work is legal if it occurs in a licensed brothel. Sex work that occurs outside of a licensed brothel is a criminal offence unless it occurs in private and the sex worker is operating alone. Offences relating to illegal prostitution are contained in the Criminal Code 1899 and in the Prostitution Act…
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What is a Rebuttable Presumption? (Vic)
What is a Rebuttable Presumption? (Vic)
A rebuttable presumption exists where the law requires a court to presume something is the case until evidence is adduced that proves otherwise. A rebuttable presumption in criminal proceedings can work in favour of an accused or against an accused. There are numerous rebuttable presumptions within criminal law. This article seeks to briefly explain them. Presumption…
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What is the Religious Discrimination Bill?
What is the Religious Discrimination Bill?
In 2017, in the wake of the same-sex marriage poll, the federal government announced its intention to look into the need to pass laws protecting against religious discrimination. In December 2019, the second draft of the Religious Discrimination Bill was released. The Bill contains provisions that guard against discrimination on the basis of religion, but…
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Location Orders and Recovery Orders
Location Orders and Recovery Orders
If one parent prevents the other parent from having contact with the child or children, it may be necessary to make an application for a recovery order and/or a location order. Location Orders and Recovery Orders are governed by Sections 67J and 67Q of the Family Law Act 1975 and address circumstances where a person is prevented…
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Riot Offences (Vic)
Riot Offences (Vic)
Victoria amended its criminal laws relating to riot offences in 2007. The offences that now exist relating to public disorder and the threated use of violence are known as Violent Disorder and Unlawful Assembly. Courts take a serious stance on offences against the peace as one of the principal objects of the criminal law is…
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What Are My Rights When Approached by Police? (Vic)
What Are My Rights When Approached by Police? (Vic)
Being approached by police can be an unnerving experience. Being asked your details, questioned in relation to an offence or asked to attend a police station for a recorded interview can all be very daunting. What the police can ask you, whether they can arrest you, what rights you have and the process that will…
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Referrals to Diversion (Vic)
Referrals to Diversion (Vic)
Diversion programs provide first-time offenders with the opportunity to avoid a criminal record. When a matter is diverted, the offender agrees to abide by certain conditions for the benefit of themself, any victims of their offending and the broader community. The main purposes of diversion are to prevent reoffending, to assist in the offender’s rehabilitation…
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