If you can see through the illusion, you are part of the solution
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Retired Northern Territory lawyer Geoff James has produced two legal opinion essays. The first is a 1,500-word piece, examining the Gunner Government’s decision to use the Public and Environmental Health Act and emergency health declarations to deal with COVID-19 rather than enacting new legislation. Below that is a longer, more detailed piece, that looks at Read More …
Native title representative bodies, governments around the country, and countless participants in the resources, can all breathe a sigh of relief after the High Court unanimously decided that a representative body’s function of certifying applications for the registration of Indigenous land use agreements (ILUAs) can be carried out by the body’s Chief Executive Officer (CEO). Read More …
It is necessary to give some consideration at the outset to the common law concept of trespass to land. At common law, trespass to land “is committed by directly and intentionally … entering or remaining upon or causing some object to come into contact with land in the possession of another, without the consent of Read More …
Below is a collection of provisions of each of the States and Territories Sentencing Acts to allow one to have a charge dismissed without recording a conviction. Victoria SENTENCING ACT 1991 – SECT 76 Unconditional dismissal A court, on being satisfied that a person is guilty of an offence, may (without recording a Read More …
Are Police acting under their Code of Conduct? NORTHERN TERRITORY OF AUSTRALIA POLICE ADMINISTRATION ACT 1978 14A General orders (1) The Commissioner may, from time to time, in writing, issue such general orders and instructions as are necessary : (a) to secure the good government and efficient working of the Police Force; (2) Without limiting subsection (1), general orders Read More …
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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 …
