Protected: FOI ~ Have Local Government been established under the Constitution?
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Category: New South Wales
Police Powers NSW
The following information may help you to understand the powers and what rights and responsibilities you have in different situations. A police officer may use as much force as is necessary to arrest you. Unreasonable force is an assault. After arrest, a police officer may handcuff you if for example you attempt to escape or the Read More …
Birth Certificate Content Review
The New South Wales Registry of Births Deaths and Marriages (“the Registry”) is reviewing the content of birth certificates. Birth certificates have appeared in their current format (Appendix 1) for many decades, with only minor changes to content during that time. This review is being undertaken for the following reasons: Changes in how birth certificates Read More …
Costs in criminal matters
Introduction Costs may be awarded to successful parties in criminal proceedings in the local court pursuant to four statutes: Criminal Procedure Act 1986, Costs in Criminal Cases Act 1967, Crimes Act 1900 and the Suitors’ Fund Act 1951. As a matter of policy, the Police Service, and Commonwealth and State Directors of Public Prosecution do Read More …
Contempt of Court NSW.
Introduction The court’s powers in relation to contempt are found in s 24 Local Court Act 2007. Those powers are the same as the District Court with respect to contempt of court committed in the face or hearing of the court: s 24(1). Has there been a contempt in the face of the court Contempt in the Read More …
Local Government in Australia
Up to the present time, no systematic attempt has been made to investigate the various systems of Local Government in all the Australian States. As it is desired, if possible, to utilize the municipal subdivision of the States as a basis for the presentation of data in connexion with the next census, it has been Read More …
Criminal proceedings 101 ~ from beginning to end
1. Arrest: Valid arrests must be based on probable cause. A reasonable belief that a certain set of facts which rises to the level of a threat to life or property are true. Must be based entered into the court record via sworn statement. (REMEMBER – no sworn statement of probable cause, even in a Read More …
The High Court unanimously held that in New South Wales, at common law, an arrest can only be for the purpose of taking the arrested person before a magistrate to be dealt with according to law to answer a charge for an offence
HIGH COURT OF AUSTRALIA STATE OF NEW SOUTH WALES v BRADFORD JAMES ROBINSON [2019] HCA 46 Today the High Court dismissed an appeal from a judgment of the Court of Appeal of the Supreme Court of New South Wales concerning the power of a police officer to arrest a person, without a warrant, under s Read More …
MOVE ON POWERS ~!!! NSW.
Police move-on powers exist in most Australian States and Territories. They enable police to issue a direction to individuals and groups to move away from a certain public place for a certain period of time, in circumstances where they are about to commit an offence, are creating an obstruction, or are causing ‘anxiety’ to those Read More …
Imperial Acts Report ~ New South Wales.
The Law Reform Commission was inaugurated on 1 January 1966, (1) simultaneously with most provisions of the Law Reform (Miscellaneous Provisions) Act (Act No 32, 1968). (2) The Commission was formally constituted by the Law Reform Commission Act (No. 39, 1967) which received assent on 25 September 1967.