AAP Section 13A 1 b of the Constitution Act states that a member’s seat will become vacant if the MP “takes any oath or makes any declaration or acknowledgment of allegiance, obedience or adherence to any foreign prince or power”. According to the University of Sydney’s Anne Twomey in her book, The Constitution of NSW, this extends to “the application for a foreign passport, or perhaps even the renewal of a foreign passport”. She writes that as a consequence of applying for, or renewing, a foreign passport an MP “may become disqualified”. As to why the NSW takes this approach, Twomey says the logic appears to be that it is a matter for voters to decide if they are happy to elect someone with dual citizenship. But it has thrown up some farcical situations. Greenwich was born in New Zealand to an American mother. He applied for and was granted those passports before entering parliament in
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Basheeruddin Mohammed is wanted over the murder of Shoukat Mohammed. Yet Basheeruddin Mohammed, an Indian national, will likely never face a murder charge in an Australian court, having fled the country on July 17, , just 18 days after the gruesome murder in the Cleveland St apartment. Knowing his visa had expired, Basheeruddin presented himself to the Department of Immigration, ensuring his swift deportation out of Australia and out of reach of homicide investigators.
Advertisement He is one of at least 10 alleged killers on the run from Australia, all still wanted on serious murder charges dating as far back as the mid s. Abraham Rodriguez fled to El Salvador. And treaty or not, the process of extraditing a criminal back to Australia is no small task.
Oct 16, · What does age of consent mean? The age of consent is how old the laws says you have to be to agree (consent) to have sex. If you are under the age of consent, the law says that you cannot legally agree to have sex, and any person that tries to have sex with you has broken the NSW, the age of consent is
Jessica Rapana Whimn July 19, Whimn Changing NSW consent laws to require a “verbal yes” for sex could lead to “unintended consequences”, including the conviction of innocent people and further traumatisation of rape victims, legal experts warn. The NSW Law Commision has been told the changes could see rape victims suffer further “victim trauma” if forced to undergo extensive scrutiny into their sexual history and how they “communicated” consent during cross-examination, the Daily Telegraph reports.
In a submission to the commission from the Australian Lawyers Alliance, secretary Joshua Dale warned the possible “unintended consequences” of an ” enthusiastic yes “, citing as an example situations where a couple are “engaged in consensual kissing in a bedroom” and the man makes a move “without asking” or “without words of action of invitation from Y”. Whimn Under such “poorly designed” consent laws, this act could be considered indecent assault because she had not done “any act or said anything to communicate her consent to the touching of her breast”, Mr Dale said.
These concerns come after the NSW Government referred the state’s current consent laws to the NSW Law Commission in May, following an investigation into one of the country’s most high profile rape trials, which threw the existing laws into question. Luke Lazarus , the son of a Kings Cross nightclub boss, was acquitted of rape after a five-year criminal legal battle, despite a jury and two judges finding Saxon Mullins, then 18, had not consented to sex with him behind his father’s club in Last month, prevention of Domestic Violence and Sexual Assault Minister Pru Goward told the Daily Telegraph consent was “a responsibility, both in the ask and in the reply”.
THE LAWS OF MASONRY
Jessica Rapana Whimn May 9, Whimn NSW could soon enact tougher sexual consent laws , similar to those in Tasmania and Victoria, requiring an “enthusiastic” or “active” yes for consent before having sex. The Berejiklian government announced yesterday it has commissioned a review of the current laws, following an investigation into one of the country’s most high profile rape trials, which aired on ABC’s Four Corners on Monday.
Luke Lazarus , the son of a Kings Cross nightclub boss, has been acquitted of rape after a five-year criminal legal battle, despite a jury and two judges finding Saxon Mullins, then 18, had not consented to sex with him behind his father’s club in Luke Lazarus, son of prominent nightclub owner Andrew Lazarus, was acquitted of sexual assault last year.
Whimn While a jury and judges found Ms Mullins did not consent to sex, the legal sticking point has been whether Lazarus knew she was not consenting.
Dating; NSW to toughen domestic violence laws 3/09/ NSW is introducing tougher laws to protect victims of domestic violence, including a new offence for strangulation.
Violence, Harassment and Bullying Fact sheet Cyberbullying: Violence, Harassment and Bullying Fact sheet If you are being bullied and need support, it is important that you read this factsheet and go to the Get Help section. Cyberbullying is bullying that is done through the use of technology. For example, using the Internet, a mobile phone or a camera to hurt or embarrass someone is considered cyberbullying.
It can be shared widely with a lot of people quickly, which is why it is so dangerous and hurtful. What happens with cyberbullying? What does cyberbullying look like? Please click on your State or Territory below to get legal information related to Cyberbullying in your area: To find out about cyberbullying and how to get help you can also go to the Australian Communications and Media Authority ACMA Cybersmart Program Getting Help If you have been bullied or witnessed others been bullied and need help contact: Kids Help Line 55 is a free and confidential, telephone counseling service for 5 to 25 year olds in Australia.
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Sexual harassment is where a person makes unwelcome sexual advances or requests to another, or unwelcome conduct of a sexual nature in a situation where such behaviour is likely to intimidate, humiliate or offend. These types of discrimination and sexual harassment are prohibited under the following laws: It is against the law to discriminate against people for any of the above reasons but only in certain circumstances. It is unlawful for a landlord or real estate agent to discriminate against you: Exceptions — shared accommodation Whether it is unlawful to discriminate in shared accommodation depends on the type of discrimination and whether you are living with the owner or their close relative and how many people you are sharing with.
It is not unlawful to discriminate if the accommodation is designed to meet the needs of particular groups e.
The ages of consent for sexual activity vary by jurisdiction across Australia, New Zealand and Oceania, ranging from age 15 to age The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject.
Accused murderer Bhanu Kirkman waves to cameras 7 News 0: Facebook THE man accused of killing new mother Kristie Powell in her Wollongong home, this morning smiled, laughed and waved during his first court appearance after being charged with murder. Bhanu Kirkman, 29, today appeared in Maitland Local Court and did not enter a plea or apply for bail.
He was escorted into the room in handcuffs, a blue prison jumpsuit, and no shoes. At one stage, he appeared to be muttering to himself. During the brief court mention, Mr Kirkman kept his handcuffed hands held in front of his chest, with his palms open, facing Magistrate John Chicken. The court heard that a Wollongong Local Court magistrate had issued an arrest warrant for the accused in January this year after he failed to appear in court on several unrelated matters, including drug and fraud offences.
He was convicted in his absence, the court heard.
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Surrogacy in Australia Altruistic surrogacy Altruistic surrogacy , wherein a woman the birth mother carries and gives birth to the baby of another couple for free, is legal in Australia. Surrogacy is strictly regulated by law and an assessment carried out by a counsellor is required. Legislation concerning surrogacy varies from state to state. For example, Tasmania and South Australia have recently passed laws authorizing altruistic surrogacy.
In addition, access to surrogacy for same-sex couples and singles is also dependant on the laws of each individual state. Commercial surrogacy Commercial surrogacy is prohibited in every Australian State and Territory.
It saw the start of the American civil war and the death of Prince Albert, husband of Queen Victoria, who in that year gave her assent to the Offences Against the Person Act, which criminalised the practice of abortion and imposed harsh penalties for anyone convicted. Queensland doctor in abortion case says ‘vexatious’ complaint shows laws need reform Read more In it took 90 days for news to travel by steamship from London to Sydney and Brisbane, but word of this act did eventually arrive in these colonial capitals, and it duly became the law in both New South Wales and Queensland.
The wording of the act continued on in their criminal legislation when federation arrived and these colonies became states. The act also applied throughout the British Isles. Abortion remains a criminal offence in Northern Ireland and carries a life sentence. Penalties range up to 14 years in jail in Queensland and 10 years in NSW.
Verbal Agreements and Back-dating Documents
At the time of the offences, the appellant was a practising. Elements of offence – meaning of ‘account’- whether to order new trial where Crown could not succeed on case put at trial but might succeed at new trial on different case based on same evidence. Accessory after the fact to robbery in company. Victim a taxi driver – 2 other co-offenders – respondent aged 18 at time of offence – strong subjective features – supportive family – no priors – good character – stable employment.
Lies – public deterrence – custodial sentence – vulnerability of taxi drivers working alone at night.
In New South Wales, there are a few different ages of consent imposing limitations on when and with who you can have sex. They exist to balance your human right to choose when and with who you will have sex and your human right, as a child or young person, to be protected from sexual abuse, particularly by adults.
Workplace Violence Domestic Violence Domestic violence is abuse or threats of abuse when the person being abused and the abusive person are: Married or registered domestic partners, Divorced or separated, Dating or used to date, Living together or used to live together but more than just roommates , OR Closely related like parent, child, brother, sister, grandmother, grandfather, in-law. Keep in mind that abuse and domestic violence do not have to be only physical.
Abuse can be verbal spoken , emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. Read more about Domestic Violence. Find domestic violence counselors and resources in your county.
Elder or Dependent Adult Abuse Abuse of an elder or a dependent adult is abuse of: Someone 65 years old or older; or A dependent adult, who is someone between 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself. The law says elder or dependent adult abuse is: Physical abuse, neglect, financial abuse, abandonment, isolation, abduction taking you out of the state against your will , or other behavior that causes physical harm, pain, or mental suffering; OR Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering.
Read about the law in Welfare and Institutions Code section
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Larger text size Very large text size The first man in NSW to be dealt with under new anti-terrorism laws has been jailed for breaching them within days of his release. Islamic convert Greg Ceissman, 24, left prison on April 15 under an interim supervision order after he was found to pose a terrorism risk if left unmonitored. Strict conditions imposed under the Terrorism High Risk Offenders Act were placed on Ceissman by a Supreme Court judge after he was accused of telling a prison inmate he was planning to undergo weapons training in Syria then return to attack Marrickville Police Station.
But he was back in custody five days later after an impromptu police search revealed he had failed to tell authorities he had downloaded applications on his phone, including Skype and WhatsApp. A more thorough search showed he had downloaded the dating application F book, as well as Facebook, and Telegram, on which he had received encrypted messages.
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Provisions in force The provisions displayed in this version of the legislation have all commenced. See Historical Notes Authorisation This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’s Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act File last modified 1 October Example— A reference in column 1 of a Table in the Schedules to any period of a particular number of hours or days is a reference to that number of hours or days as determined by applying section of the Law.
Note— Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time. Note— Section of the Law must be read with section of the Law. Example— A driver starts work for a day at 11am, undertaking km work under standard hours. Under section of the Law, the driver does not have to record information in a work diary.
The driver must then start recording information required under this section in relation to each work and rest change that later happens on the day. The driver must also, as soon as practicable, record the information required under this section in relation to each work and rest change that happened from the start of work at 11am. Note— The section relates only to a base or record location relevant to work mentioned in section 1 a and b of the Law, as opposed to other work about which information may have to be recorded only because it happens on the same day as work mentioned in section 1 a or b of the Law.
The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis. However, your relationship is not a de facto relationship if you were legally married to one another or if you are related by family. Can I apply to the Family Court or Federal Circuit Court to have my de facto dispute determined if it’s about my children? The Family Court and the Federal Circuit Court deal with issues related to the children of de facto relationships in the same way as the children of married couples.
From 1 March , parties to an eligible de facto relationship which has broken down can apply to the Family Court or the Federal Circuit Court to have financial matters determined in the same way as married couples. After this time you need the Court’s permission to apply.
New South Wales child pornography laws only apply to images of young people under the age of 16, but the Commonwealth laws are broader. These laws even apply to images of young people who look like they are under the age of
Listen De facto relationships and family law This fact sheet provides information about the laws affecting de facto couples. The laws cover property division, maintenance, financial agreements and the superannuation of people in de facto relationships. All de facto couples have the same rights as married couples under the Family Law Act in relation to the distribution of property.
Same-sex relationships are included within the definition of ‘de facto couple’ in federal laws. The Child Support Assessment Act also applies to same-sex couples. Who do the laws about de facto relationships apply to? What is the definition of a de facto relationship? If there is a dispute about whether two people were in a de facto relationship, the Court will look at: The sex of the partners is not a relevant consideration.
The laws state specifically that a de facto relationship can exist between two people of the same sex, or of the opposite sex. The laws also state that a de facto relationship can exist even if one of the partners is legally married to another person at the time. When did the current laws start?
How To Prove A Parent Unfit In Child Custody Cases
In our modern society and especially among the younger generations, privacy issues arise almost everyday. Each state and territory in Australia has a number of laws which help its citizens to protect their privacy and ensure everyone is kept safe. Privacy issues have become more prevalent with the growth and use of technology in our everyday life.
In NSW, the law says you can consent to both sex and sexting at age But NSW state law is not the only law that applies. But NSW state law is not the only law that applies. When you use the internet or a mobile phone, the national law of Australia also applies, even though you are in NSW.
Sexting is a crime when it involves people under In NSW, the law says you can consent to both sex and sexting at age But NSW state law is not the only law that applies. When you use the internet or a mobile phone, the national law of Australia also applies, even though you are in NSW. This national law bans sexting for anyone under What is child pornography? Child pornography is a picture of a young person who is: