Spent Convictions.

Each State has a spent convictions scheme to render an offence older than 10 years of no effect. This can allow you to again travel overseas or start a job in a new industry as there is no requirement to disclose a spent conviction. Additionally it is an offence to discriminate against someone with a Read More …

Section 116 Law Review.

The Commonwealth shall not make any law for establishing any religion, orfor imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office of public trust under the Commonwealth: Constitution of the Commonwealth of Australia s 116.       Read More …

SENTENCING ACT ~ “Dismiss the Charge”

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 …

Constitutional Law ~ Power of Governor to enact amendments to statutes without the necessity of reserving the same for Royal assent

Constitutional Law–Colonial Legislature-Power of Governor to enact amendments to statutes without the necessity of reserving the same for Royal assent–Competence of colonial legislature to eliminate Crown as part of Parliament-“The Australian Constitutions “Act, 1842”-“The Australian Constitutions Act, 1850, The “Colonial Laws Validity Act, 1865″ Repugnancy to Imperial Acts -Statute–Construction–Statute Law Revision–The Statute ” Law Revision 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 …