The Police Force has a Code of Practice for CRIME (Custody, Rights, Investigations, Management and Evidence). This Code provides members of the community as well as members of NSW Police Force with a succinct reference to the powers of Police when investigating offences. This is complemented by the Code of Conduct and Ethics which provides…
DEPORTING NON-CITIZENS ON CHARACTER GROUNDS The Migration Minister in Australia has the legislated power to refuse or cancel the visa of a non-Australian citizen on character grounds under section 501 of the Migration Act 1958 (Cth). What are these grounds? How does one test something that is potentially subjective such as a person’s character? Section…
A RURAL TOWN IN QLD IS CALLING FOR THE FAMILY TO NOT BE DEPORTED A Tamil family from Sri Lanka face deportation after the High Court of Australia refused them leave to appeal a decision of the Federal Court last year. The Federal Court decision confirmed the Minister for Immigration’s ruling that the family had…
USE OF SOCIAL MEDIA WHILST DRIVING Over recent years, the use of mobile phones whilst driving has become an increasing issue. In particular, the last five years has seen the rise of social media phone apps and has consistently been impeding on people’s daily lives. The Millennial Generation are probably the last to go through…
ROGUE COPS – WHAT HAPPENED? In Victoria, an incident occurring on 19 September 2017 has resulted in three police officers facing charges of unlawfully assaulting a disability pensioner on his front lawn. These officers are now disputing the charges, giving evidence defending their actions in a contested hearing that could run up to 15 days….
Australian rugby player Israel Folau is “known to have made one of the most incredible transitions to rugby”. Through his talent and success he has become a well-known influential public figure, with over 310,000 followers on Instagram. He played for the New South Wales Waratahs in the Super Rugby. His career, however, may come to…
The Police have asked you to participate in an interview – what are your obligations, and what are theirs? THE POLICE MUST FOLLOW CERTAIN PROCEDURE WHAT IS THE SOURCE OF THIS? NSW Police must follow their Code of Practice for Crime to ensure they follow procedures correctly. If they do not conduct themselves correctly, they…
WHERE DO ARREST POWERS COME FROM? When the Police are exercising their powers for an arrest, they must comply with the Law. The Law Enforcement (Powers and Responsibilities) Act 2002 (“LEPRA”) Part 8 deals with the statutory powers of arrest. When the Police exercise an arrest, they must comply in particular with section 201 of…
A New South Wales District Court Jury has found Magistrate Graeme Curran guilty on seven counts and not guilty on two counts, of indecent assault, after two days of deliberations. The assaults of a teenage boy occurred in the 1980s. The victim was the son of Magistrate Curran’s friends, and they were thought to have…
EVENTS SO FAR Last week we discussed the possible culpability of Fraser Anning when he hit a teenage boy twice after having an egg slapped on the back of his head. This occurred after Senator Anning made anti-Islamic comments addressing the terror attack in Christchurch. He essentially blamed the victims themselves of the attack, stating…
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