Lawyers Guides & Resources

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What is Mid-Range Drink Driving?

A mid-range drink driving violation does not allow the police to spot fine you or give a penalty notice. Your licence will be suspended immediately and you will have to wait for court charges. If your case has reached this level, it’s advisable to engage lawyers because the consequences of a conviction are severe. If the Blood Alcohol Concentration (BAC), measured against the Prescribed Concentration of Alcohol (PCA) limits scale is between 0.08 and 0.149, that is a case of mid-range drink driving offence. In routine road traffic rules enforcement, the police conduct impromptu drink driving road tests. Before a BAC test you will take a roadside breath test, where you speak to a gadget that tests the presence of alcohol in your breath. If the results are positive, you will be asked to blow into an alcohol detector tube. Again if the results are high and positive you may be arrested to undergo a detailed PCA test and blood analysis. If the mid-range PCA reading is between 0.08 and 0.149, this will form the ground to charge you for violating the traffic act. ## What is the penalty for mid-range drink driving? Mid-range drink driving is prosecuted under criminal law. It comes with negative consequences to your driving record if convicted. The law provides various drink driving penalties you should be aware of for first and second or subsequent offence situations. For first-time traffic offences, the fine is $ 2,200, a 9 months imprisonment, 12 months disqualification without interlock or an interlock of 6 months and the possibility of reduction to 3 months. For a second or subsequent offence, a fine of $3,300 is imposed, a 12 months prison term, 3-year licence disqualification and a 24 months interlock condition. The interlock can be reduced to 9 months or 6 months minimum disqualification, with a 6 months prison term. An interlock court order requires you to fit the vehicle with an interlock device and undergo an interlock program depending on the gravity of the case. Failure to adhere to an interlock order can lead to a 5 year disqualification. For the first offence, the local court may give way to Section 10 dismissal. It is also known as conditional release order. If allowed by the court, the driver is not convicted, no criminal record is entered in their social records file, no fine is required neither is a disqualification from driving imposed. ## Will I get a criminal record for a mid-range drink driving offence? Mid-range drink driving is a criminal offence. If found guilty, you will get a criminal conviction. The conviction will be entered into your personal conducts records. Due to the nature of this offence, and the risk it poses at large, most court cases end with a conviction. This is more so in second or subsequent offence cases. A release without conviction is possible. Bear in mind that a lot of proof is needed. To avoid a guilty verdict, a driver can plead for a conditional release order. Where granted, it quashes the conviction. Consequently, it stops the recording of criminal data in personal records. The driver is spared disqualification and avoids the fine too. Conditional release is possible in several circumstances. First, it is a possible remedy for the first offence. Courts also extended it to one who has not been convicted of a similar matter in the past 5 years since the first offence or last charge. The court, however, may require the person in question to complete a traffic offender’s program. To support a no conviction court plea there are other arguments that you or your lawyer, may submit. For instance, if the alcohol test was conducted at your property, the court may overrule the prosecution. Also, if the PCA test was taken 2 hours after the breath analysis window, the lawyers can argue that the PAC result is invalid. If you are found guilty of mid-range drink driving while working professionally, you may also face [duty of care charges.](/guides/solicitors-lawyers/duty-of-care) ## What does PCA mean when detecting drink drivers? It is scientifically evident that alcohol affects driving capabilities. It significantly impairs vision, lowers alertness and reduces reaction times which increases the probability of road accidents. The impairment effects increase with the amount consumed. To enforce the law against drink driving, the police officer administers tests to estimate the quantity of alcohol in the blood. The PCA test results are an indicator of whether you are within or have exceeded the alcohol limit. This alcohol measurement practice is what’s generally referred to as the prescribed concentration of alcohol, in short, PCA. You will be charged either under novice, special, low, middle or high range, depending on your PCA reading. The severity of a penalty will follow the PCA category violation. In general, the law outlines PCA limits based on a driver licence. If the BAC is in the mid-range or high-range, the police can institute an automatic disqualification. For novice drivers, a mid-range offence leads to an immediate licence suspension. The automatic disqualification is followed in court by a drink driving charge. ## What are the ranges for drink driving? The severity of the drink driving charge will depend on the results the PAC measure returns for each individual test. The charges and penalties for each PAC category vary across Australian states, but the principle guidelines and interpretations are the same. In the state of New South Wales (NSW), the drink driving offences outlined in the Road Transport Act 2013 fall into 5 main categories. These categories are novice, special, low, mid-range and high. The novice range PCA is a reading between 0.00 and 0.019. The special range PCA is between 0.02 and 0.049. A low range reading is between 0.05 and 0.079. A middle range PCA is in the scale of 0.08 and 0.149. The high range PCA reading is 0.15 and above. In NSW, the applicable fines for each range, penalties, suspensions and disqualifications increase as the PCA limit violation increases. Additionally, the court order after your hearing will depend on whether it is your first offence or your second or subsequent offence. It will also depend on the number of times you have previously been found guilty. Finally, it will depend on the last time you had a similar charge within five years.

What is Duty of Care

Duty of care is a legal requirement on an individual or an organisation when dealing with others. The obligation of care stipulates that a person takes reasonable steps to avoid foreseeable loss or harm to another person or damage to property. The duty of care law is under Common Law and is a subset of the law of negligence. In Australia, the interpretation of the duty of care and related remedies vary from state to state. ## When does a breach of duty occur? A breach of duty of care happens when an individual sustains loss or personal injury due to the action or lack of action by a person who was obliged to have acted in a certain way to stop or lessen the loss sustained. A breach is considered to occur when, first, it is reasonably predictable that an action or its omission led to an injury or loss. Secondly, a reasonable person in similar circumstances would not have acted in the manner that occasioned the loss, injury or damage. It is important to know the duty of care expected of you or your organisation that somebody relies on. Also, if you have suffered a loss, that you reasonably believe was a result of negligence, you can approach a court through lawyers to seek compensation. You can talk to a lawyer to better understand if you have a solid case and deserve compensation. ## What is an example of duty of care? In our day to day activities, we have situations that require the application of the correct duty of care. A few practical examples are listed below. ### Workplaces Every employer owes every employee a duty of care. For example, a driver and a vehicle owner have a responsibility to other road users. ### At premises Property owners are required to maintain and repair the premises. For instance, owners of commercial premises like supermarkets have the responsibility to ensure clean and dry floors. Staircases must be well lit and installed with safety barriers. If you sustain injuries or harm in cases where property owners or their agents are negligent you can seek compensation. Common Law further establishes a relationship between landlords and tenants. Duty of care is expected on defects owners have been made aware of or any flaws apparent during a routine inspection. ### Public facilities Public facility managers have a responsibility to lawful entrants. Playgrounds, recreational places, amusement parks all have a responsibility to provide safety. They should have public policy guidelines. Where an entrant has done all due diligence when using public facilities and suffers losses or injuries, they can sue for breach of duty. ### Pet ownership Owners of dogs and other pets are responsible for the safety of other people. If a dog, especially an aggressive breed, attacks an individual causing harm or even death, the owner may be sued for damages. If the owner intentionally uses a dog to harm the other party, they may be charged under criminal law. ## What does duty of care mean in the workplace? The government of Australia has legislation in place that guides duty of care at the workplace. Workers in various industries involved in workplace safety are trained in accredited institutions and certified. Employers duty of care exists concerning the safety, welfare, health of workers and everyone else who visits the workplace. They should fulfil legislative safety requirements. Employers are required to put in place all reasonable measures and resources to control or reduce work place risks. To this end, employers are required to identify all possible workplace hazards. They should also conduct a risk profile of all the hazards identified at work. Additionally, the employer should seek to eliminate or in the least minimise an identified risk. The measures put to promote duty of care should be monitored and reviewed. Workers should be given all the information about their well-being at work. The workplace should have safety monitoring equipment, emergency and first aid facilities, plus qualified personnel. The employer ought to consult with the worker when making decisions regarding workplace issues. On the other hand, employees have a responsibility to the employer, themselves, fellow workers and persons that frequent the workplace. They should support the employer’s efforts in being compliant with workplace safety and health requirements. ## Why is duty of care important? To live harmoniously in society, we must appreciate the fact that our actions or omissions affect others, especially where the outcome is negative causing loss or injury. This is the ground on which the law of negligence is built. Duty of care outlines the legal issues, their interpretation based on precedent, expectations by the community and people’s attitudes. Generally, there are standard expectations where the other party has a responsibility of care. Neglect of duties causing losses may lead to prosecution. If found culpable by a court, damages awarded can be very expensive. Duty of care law is also important in protecting the disadvantaged. Disadvantages occur in many situations in life. As a road user, a pedestrian is at a disadvantage compared to motor vehicles. It is the same case for the disabled and the aged. The Acts, laws and regulations governing employment places ensure that safety and health standards are met for the benefit of the worker. Adherence to this law at the workplace, plus guidelines and policies, boosts employee morale and productivity. ## How can I start duty of care to avoid negligence? Duty of care relationships applies to individuals and organisations. Therefore, its good to be aware of ways to pre-empt loss due to negligence. To achieve this, be familiar with the conditions of the standard of care. Because, any reasonable action that caused harm is measured against standards expected of another reasonable person in the same circumstances. You have to familiarise yourself with the standards expected, for any action where your responsibility of care is required. For instance, property or vehicle owners are expected to apply an amount of care in their actions to ensure the safety of others. Similarly, professionals are expected to meet certain standards applicable within their professions. Doctors, lawyers, accountants, contractors and professions all have a code of conduct, and must meet professional standards when handling their clients. To avoid loss and being taken to the courts under the duty of care law, a professional is expected to apply reasonable care as another professional would reasonably do if in the same position. In daily life, a reasonable standard of care is the foreseeable care that another reasonable person would apply to mitigate the loss to another. For instance, a dog owner’s standard of care is what any reasonable dog owner would do to prevent the dog from occasioning foreseeable harm. Observing expected care ensures there’s no ground for prosecution.

How Much Does a Lawyer Cost in Australia?

The cost of hiring a lawyer in Australia varies depending on the area of law you need assistance with and the experience of the lawyer. Generally, legal fees start at around $200 per hour and can go up to $1,000 or more per hour. Some lawyers may offer a fixed price for a particular task or service. For example, you may be able to get a fixed price for preparing a will. It is important to discuss legal costs with your lawyer before starting work, so you are aware of all expenses involved. Many lawyers and law firms will provide a costs agreement document that outlines the fees charged. If you cannot pay for a private lawyer, you may be able to receive Legal Aid. Legal Aid is available to people who meet certain eligibility criteria. [Legal Aid NSW](https://www.legalaid.nsw.gov.au/) is the only independent, non-profit legal service provider in New South Wales providing equal access to justice by providing free advice and representation for clients who are financially disadvantaged, Aboriginal or Torres Strait Islander people, seniors, people with disability or illness, people at risk of offending/incarceration and other vulnerable groups. Check to see what applies in your state. Some common hourly rates are below. | Qualifications | Estimated cost per hour | | -- | -- | | Senior partner or principal | $600 to $700 | true | | Associate | $350 to 450 | true | | Lawyer | $250 to $350 | true | | Junior lawyer | $200 to $250 | true | | Graduate | $150 to $250 | true | | Paralegal | $100 to $200 | true | ## Which other factors affect a lawyer's cost? The nature of a legal matter may prohibit hourly rates and necessitate a fixed fee basis for charging legal fees. Straightforward issues, such as contract review, writing a will, or drafting legal letters, are handled on a fixed fee arrangement. Some lawyers can offer such services through phone calls and charge clients a fixed fee. Besides the lawyer cost, bear in mind that court filing fees, court costs, miscellaneous court fees, costs emanating from court proceedings, and solicitors fees are extra. Also, ordered costs arising from the case ruling are additional and separate from the legal fees charged by your lawyer. You may also have to bear costs for medical reports where applicable. Finally, certain circumstances may inhibit a lawyer's ability to costs estimate an hourly rate or a fixed amount. If a case is ongoing in unclear circumstances, it may not be clear how much money or lawyer charges may be required. ## What is the job of a lawyer? The job of a lawyer is to provide legal advice and representation to their clients in court, during negotiations, and in other legal proceedings. Lawyers must be able to analyse complex legal issues and be excellent communicators. Some specialise in certain aspects of the legal profession, such as [criminal law](/guides/criminal-law/how-much-does-a-criminal-lawyer-cost-in-australia). Lawyers are employed in a variety of settings, including private practices, corporations, government departments, and not-for-profit organisations. Paralegals are legal professionals who assist lawyers by performing research, preparing documents, and providing administrative support. They usually have a diploma or degree in paralegal studies. Paralegals may work in private practices, corporations, or government departments. ## What does a senior partner or principal do? A senior partner or principal is the most senior lawyer in a law firm. They are responsible for the management of the firm, including the recruitment and training of staff and the negotiation and administration of client contracts. Senior partners also provide legal advice. ## What does a junior lawyer do? They usually work under the supervision of a senior lawyer and are responsible for providing legal assistance to clients, preparing documents and conducting legal research. Junior lawyers may also [appear in court](/guides/solicitors-lawyers/what-is-a-court-hearing-in-australia) on behalf of their clients. ## What does a graduate do? A graduate is a lawyer who has recently completed their studies at law school. They usually work in a law firm or corporation and are responsible for providing legal assistance to clients, conducting legal research and preparing documents. ## Is a solicitor cheaper than a lawyer? The cost of legal services can vary depending on the lawyer or solicitor you choose to hire. It is important to discuss costs with your lawyer before starting work, so you are aware of all expenses involved. In certain circumstances you may need a specialist [such as a divorce lawyer](/guides/solicitors-lawyers/how-much-does-a-divorce-lawyer-cost-in-australia). ## Do lawyers charge a fixed fee? Some lawyers may charge a fixed fee for specific services, such as drafting a will. However, most lawyers charge an hourly rate for their services. The cost of legal services can vary depending on the lawyer or solicitor you choose to hire. It is important to discuss costs with your lawyer before starting work, so you are aware of all expenses involved. ## What is the process for using a lawyer? Some lawyers may offer a free initial consultation to discuss your legal needs and determine whether they can help you. If you decide to hire a lawyer, they will usually require payment in advance to cover the costs of work that will be carried out. This payment is known as a retainer. Lawyers will then bill you periodically for the work that has been done, and you will be responsible for paying this invoice. ## How do lawyers charge for their time? Lawyers usually charge an hourly rate for their time. The cost of legal services and a lawyer's time can vary depending on the lawyer or solicitor you choose to hire. You will find an itemised bill clearly outlining the work that has been done, the time spent on each task, and the associated cost. ## What is a legal secretary? A legal secretary is a person who provides administrative support to a lawyer. They may be responsible for preparing documents, conducting legal research, and providing client support. Legal secretaries usually have a diploma or degree in paralegal studies. ## How do I choose a good lawyer? You should choose a lawyer who has the necessary skills and expertise to provide you with legal advice. It is important to find out whether your lawyer is available to take on your case before starting work together. You can ask them questions about their experience, knowledge of laws in your state or territory, areas of practice, what they expect from you as their client, and what they will expect from the other party. Also, consider how much it will cost for your lawyer's services and whether this price is reasonable in relation to the value of the claim. Law firms and lawyers bill for more than their legal work. Ask for a detailed costs agreement. ## When would I need a lawyer? You may need to hire a lawyer if you are involved in a legal dispute, require litigation advice, or need someone to represent you in court. You should also seek legal help if you are buying or selling property, starting a business, drafting a will, or going through a divorce. ## What are the different specialisations of lawyers? There are many specialisations of lawyers, including family lawyers, business lawyers, and criminal lawyers. To offer better legal services, a lawyer will focus on one area in which they have expertise. For example, a solicitor who works in family law may specialise in divorce or parenting matters. ## What are the duties of a lawyer? The duties of a lawyer may vary depending on their area of practice. However, some of the common duties of a lawyer include providing legal advice, representing clients in court, conducting legal research and making documents. Lawyers must also comply with the professional code of ethics set out by their state or territory. ## Can I represent myself in court? You may be able to represent yourself in court, but it is not recommended. Unless you have specialist knowledge in law, you may not be aware of all the relevant procedures and laws that apply to your case. A lawyer or law firm will be able to provide you with advice and representation in court, which can increase your chances of success.

Contesting a will in New South Wales

Contesting a will in New South Wales requires applying to the Supreme Court and making a family provision claim. A family member can contest a will if they feel they are not adequately provided for or not included in a will. The family provision claim is made in New South Wales if the deceased person stayed and died with assets owned in NSW or if the deceased lived elsewhere but owned assets here. The Supreme Court investigates the relationship between the deceased person and the applicant, their relationships with other eligible applicants and property size. Adequate provision varies from case to case, which is difficult to determine and is a complex process. ## Eligibility criteria Eligible applicants listed in the Succession Act 2006 (NSW)‘s Section 57 are listed below. - Current spouse and former partner(s) of the deceased person at the time of death. - Any relatives of the deceased. - Children and grandchildren of the deceased. - Anyone who was partially or completely dependent on the deceased at some point. - Family members living in the house of the deceased. - A person with a personal and close relationship with the deceased during their death. - Any sibling(s), parents, former partners or stepchildren would be eligible applicants if they were dependent on the deceased during their death, which is not included in the act. ## How much does it cost to contest a will in NSW? The average cost of contesting a will, if the case stays out of the court, will be between $5,000- $10,000. A case going through court hearings will cost from between $20,000 to $100,000 or more, depending on the complexities. The average cost of the family provision claim, finalised through mediation, is approximately $30,000. If the case goes to the court, it will cost approximately $50,000 or above. In New South Wales, the will contesting charges vary from case to case depending on these factors: - If the executor is open to negotiating the settlements, the expense can reduce. - The claim amount can cause a massive change in the final costs. - Any complications, their extent and nature will always govern the final cost. A solicitor can charge between $300 and $500 per hour. Always check for any hidden charges in their fee structure. Ensure you know which services are included in their fee. The expenses incurred in contesting the case can be reimbursed by the deceased’s estate if the applicant wins it. Sometimes, law firms charge their service fee only if their client wins the case. ## Who pays legal costs when contesting a will? Some people believe the cost incurred on proceedings is covered by the estate irrespective of the result. But the judge has the right to make orders regarding the costs of the proceedings, and the beneficiary should be aware of who is liable to make the payments. The estate will pay for the standard charges of the applicant only if the judge makes such a provision. In case the judge makes no such provision, and the case is unsuccessful, the court will order the applicant to pay the executor’s fee. If the estate has less than $500,000 for distribution, the judge can make a provision for capping the charges, which might be recoverable. The judge might do so since there is a fixed amount of assets in a family provision claim for distribution among the beneficiaries. The justice might make additional orders as follows: - The estate needs to pay the expenses for defending the claim. - An unsuccessful application’s cost has to be paid by the applying person. - The applicant bears the defendant's fee for an unsuccessful case. - The estate will bear a successful case's cost. In addition to these general orders, the court might make any more orders based on the case that deems fit. ## What are the grounds for challenging a will? The most common grounds for contesting a will are outlined below. ### An unfair will If the will appears to be unfair and unjust, then any eligible person can challenge it. Other considerations include a person not being included in the will even after being dependent on the deceased or not inheriting the will, even if eligible for it. The court is fair and does not tolerate injustice. However, always remember that all cases are different, and the court keeps relevance in mind. ### Mental capacity Applicants can claim (depending on the proclamation) that the deceased was not in a normal mental state to undergo a complex will writing procedure and it was not authorised to do so. Any document, will, or testament written by those under 18 is invalid in New South Wales. Those with mental illness are not automatically considered incapable. Proving that the person lacks the requisite mental ability when challenging a will, is done by providing medical history records or the testimony of people observing the testator while making the will. ### Fraud, Duress, and Influence The belief that the testator was not taking action on their free will leads to the challenging of the will, taking into account the following: #### Fraud Hiding relevant information and facts, providing false documents or statements and misleading the testator or other concerned person. #### Duress The person to be benefited by the will physically abusing the testator. #### Influence Use of someone trusted or close to the testator to influence when writing the will. There should be no undue influence during the making of the will. ## How long do you have to contest a will? You should challenge a will within 12 months from the date of death of the deceased in NSW. However, the time limit can increase by giving satisfactory excuses. you should contact the solicitor before time and not close to the deadline for a smooth process. Claiming a will while grieving is, complicated but the applicant should opt for legal help. The applicant should take action before the executor has the time to distribute everything among the beneficiaries. It will be troublesome for the claimant to claim if the assets are already distributed. Distribution of assets before the claimant gets a chance to make a claim will make things complex for them, especially if the assets are already in use. The required time for contesting a will vary from a few months to a few years, depending on the willingness of parties to enter a settlement and the case's complexity. If the two parties enter a negotiation to end the matter quickly, the case can be sorted outside the court. Cases settlement consumes months or years due to complexity, and the judge wants to ensure justice and protect the applicants. The challenge a person has is to prove to the judge that the will maker did not realise the following: - The actual value and size of the assets. - The distribution process of their properties and estates. - People to be supported or included in the will. - Result of excluding or including people in their will. - It was influenced by alcohol or drugs (no undue influence of alcohol or drugs).

Equal Opportunity Act New South Wales

In Australia, one of the first anti-discrimination acts to be enforced was the New South Wales Anti Discrimination Act 1977. Discrimination is an unfortunate reality for numerous people around the world. People can be discriminated against for various reasons, including (but not limited to): - Gender - Race - Marital status - Sexuality - Disability - Age Additionally, discrimination can come in various forms, including access to education, employment, healthcare, and access to various goods and services. To protect citizens, governments worldwide have passed numerous anti-discrimination laws at both the federal and local levels. In Australia, one of the first anti-discrimination acts to be enforced was the [New South Wales Anti Discrimination Act 1977](https://legislation.nsw.gov.au/view/html/inforce/current/act-1977-048#statusinformation). Also referred to as the Equal Opportunity Act NSW, this piece of legislation ensures that people are treated equally, regardless of their gender, sexuality, marital status, familial responsibilities, age, ethno-religion, and race. When it comes to gender, people cannot be discriminated against for: - Pregnancy - Breastfeeding in the office - Being transgender Additionally, prohibiting gender discrimination also involves prohibiting sexual harassment in the workplace, healthcare and education. The law also notes that the motive for any discrimination is irrelevant when determining the consequences for said discrimination. This is especially important in terms of indirect discrimination, in which universal policies and rules adversely affect individuals who are protected under the Anti Discrimination Act 1977. For example, a workplace may only be accessible via a staircase. This can be considered indirect discrimination, as it prevents people who use wheelchairs from entering the building and therefore from working at that employer. ## What is the Equal Opportunity Employment Act? The [Equal Opportunity Employment Act](https://www.legislation.gov.au/Details/C2016C00775) ensures that all people are provided with equal employment opportunity. This means that a person cannot be denied employment due to their: - Race - Gender - Colour - Sexual preference - Age - Marital status - Disability status - Religion - Political opinion - Nation and social origins There is an allowance for certain exceptions, some of which are outlined below. - An employer has to make unreasonable adjustments to accommodate a person with a disability. - A job requires certain characteristics – for example, women’s clothing brands may only use female models in advertisements, or a government minister may look to fill a staff vacancy with someone whose political beliefs match their own. - An employer is providing special measure welfare services. For example, someone providing support for women who have experienced intimate partner violence may need to ensure they only hire a woman to fill a counselor's vacancy. - Someone is providing home-based services, and the client requests an employee that fits certain characteristics. - People with certain disabilities may not provide an adequate level of care for children and may therefore be discriminated against by day care centres looking for job applicants. - An employer is looking to designate certain positions for Aboriginal and/or Torres Strait Islander people. - A business is looking to recruit women to work in “non-traditional” roles, including in STEMM, as construction workers, bus drivers, and higher management. ## What is the meaning of anti-discrimination legislation? Anti-discrimination legislation prohibits the unfair treatment and harassment of people due to characteristics such as age, gender, disability, transgender and marital status, among others. Such legislation ensures that everyone has an equal opportunity to succeed, including in education and employment. Employers cannot discriminate against people based on irrelevant characteristics and must instead make hiring decisions based on merit. Additionally, these laws also ensure that people are not harassed due to their protected status by the people around them. Employers must make sure that other employees do not harass someone due to the aforementioned characteristics, and educational institutions must prevent bullying for the same reasons. Finally, fair treatment should also extend to other aspects of employment, including benefits, training, salaries, and promotion. These characteristics cannot play a part in the dismissal of an employee or their selection for redundancy. Nor can these characteristics play a part in an employee’s retirement. If an employer or education institute acts in a discriminatory manner, they can legally liable. This liability can apply to both the organisation and individual managers acting in a discriminatory manner, depending on the business structure. ## What is the NSW Anti-Discrimination Act 1977? As mentioned above, the NSW Anti-Discrimination Act 1977 prohibits discrimination against people due to protected characteristics. People cannot be discriminated against in: - The workplace - Education - Banking - Property - Healthcare - Nightclubs - Delivery of goods and services The law also provides for the establishment of the Anti-Discrimination Board (ASB) of New South Wales. Aggrieved people can direct their complaints to the board should internal grievances prove to be ineffective. The board can then determine whether or not to accept the complaint and how to resolve the issue. It should be noted that the ASB is not the only tribunal a complainant may lodge a grievance with. The NSW Civil and Administrative Tribunal is also empowered to deal with discrimination, with powers including ordering up to $100,000 in compensatory damages. Additionally, private-sector employees are covered by the Fair Work Act (2009). They will have to lodge their grievances with the Fair Work Commission if discrimination leads to a dismissal. ## What are the five laws covering anti-discrimination in Australia? The Anti Discrimination Act 1977 only applies to New South Wales. However, the federal government has also implemented five anti-discrimination laws. ### The Age Discrimination Act 2004 [This covers discrimination](https://humanrights.gov.au/our-work/employers/age-discrimination) based on age, including age-specific characteristics and characteristics assumed to apply to people of a particular age. ### The Australian Human Rights Commission Act 1986 This law covers discrimination based on [several different factors](https://www.legislation.gov.au/Details/C2017C00143), including (but not limited to) sex, race, religion, nationality, disability, marital status, and more. It also covers discrimination based on the assumption of one of the above factors. ### The Disability Discrimination Act 1992 Covers discrimination [based on disability](https://www.legislation.gov.au/Details/C2016C00763), including (but not limited to) physical, learning, sensory, neurological, and psychiatric disability. It also covers discrimination based on illnesses and disorders that affect a person’s perception of reality or result in disturbed behaviour, discrimination based on specific illnesses like HIV and AIDS, and physical disfigurement. ### The Racial Discrimination Act 1975 Covers discrimination based on [national and ethnic origin](https://humanrights.gov.au/our-work/legal/legislation), race, colour and immigrant status. Also prohibits racial hatred. ### The Sex Discrimination Act 1984 This law covers [discrimination based on sex](https://www.legislation.gov.au/Details/C2014C00002), including marital status, pregnancy (including potential pregnancy) and breastfeeding, sexual orientation and gender identity, family responsibilities, and more. Also prohibits sexual harassment. These acts not ensure equal employment opportunity, they also apply to: - Education - Disposal of land - Administration of laws and programs - Trade unions - Retirement - Clubs and sports - Access to various services and facilities They ensure that all Australians, regardless of who they are, what they look like, and who they love, are provided with the same opportunities in life. They also serve to plug holes that may be present in a state-specific law, ensuring that citizens have the same rights across the country.

How Many Demerit Points for Speeding in New South Wales?

Demerit points accumulate on a driving record, with each point valid for three years. Exceeding the speed limit within 10 km/h will add one demerit point for licences other than a learner or provisional licence and will add four points in case of a learner or provisional licence. Different types of penalties for speeding in New South Wales are below. | Offence | Demerit points | | -- | -- | | Speeding within 10 km/h | 1 demerit point | true | | Speeding between 10 km/to 20 km/h | 3 points | true | | Exceed speed between 20 km/h to 30 km/h | 4 points | true | | Surpassing the speed limit between 30 km/h to 45 km/h | 5 points | true | | Speeding over 45 km/h | 6 points | true | ## Speeding penalties in New South Wales school zones | Offence | Demerit points | | -- | -- | | Speeding not more than 10 km/h | 2 demerit points | true | | If the speeding range is within 10 km/h to 20 km/h | 4 demerit points | true | | Exceed speed limit between 20 km/h to 30 km/h | 5 demerit points | true | | Speeding between 30 km/h to 45 km/h | 6 demerit points | true | | Exceed speed by more than 45 km/h | 7 demerit points | true | There is a double demerit system in New South Wales and under the scheme, speeding entails extra demerit points to the actual points for a given offence. Double demerit points are applicable on public holidays such as Queens Birthday, Labour Day, New Year's Eve, Australia Day, Anzac Day, Christmas, Easter, and Boxing Day. ## How many demerit points do I have in NSW? Each driver starts without any points. Any demerit points received by the driver are valid for three years. The validity begins from the offence date. All the New South Wales' drivers are allowed to accumulate up to 13 points. A driver will receive the penalty notice in email notification for any [driving or speeding offence.](/guides/solicitors-lawyers/speeding-fines-in-new-south-wales) When you hit the upper points limit, a suspension notice is sent to the driver specifying licence suspension duration. Based on the type of licence, the upper limit of applicable points will differ. The list below outlines how many demerit points for speeding in NSW. | Licence | Demerit points | | -- | -- | | Learner | 4 demerit points | true | | Provisional P1 licence (red P-plate) | 4 demerit points | true | | Provisional P2 licence (green P-plate) | 7 demerit points | true | | Unrestricted licence | 13 demerit points | true | The minimum suspension period is three months for demerit points between 13- 15, 4 months for points between 16- 19, and 5 months suspension period for points 20 and above. ## How many points do you lose for speeding 10kmh and under in NSW? Exceeding the speed limit within 10 km/h invites one demerit point. This value differs based on the type of vehicle. ### Class A, B, and C motor vehicles Exceeding the speed limit within 10 km/h will add one demerit point for licences other than a learner or provisional licence and will add four points in case of a learner or provisional licence. ### Heavy Vehicles (with speed limit 100 km/h) For speeding by 10 km/h or below it (any license excluding provisional and learning licence) will take over one demerit point and 4 points for learner or provisional licence. ## Points penalty - A full driver's licence holder will invite one demerit point for speeding in NSW, while 2 points are added in case of speeding offence in school zones. - Expect to add four demerit points in NSW on a learner's driving licence, P1, and P2 driving licences. ## How many points do you lose for speeding in a school zone in NSW? Speeding in a NSW school zone receives the following demerit points. | Offence | Demerit point | | -- | -- | | Speeding under 10 km/h (excluding a provisional and learner) | 2 demerit points | true | | Speeding under 10 km/h (only for provisional and learner) | 5 demerit points | true | | Speeding within 10 km/h to 20 km/h (excluding a provisional and learner) | 4 demerit points | true | | Speeding between 10 km/h to 20 km/h (only for provisional and learner) | 5 demerit points | true | | Exceeding the speed limit between 20 km/h to 30 km/h | 5 demerit points | true | | Speeding between 30 km/h to 45 km/h | 6 demerit points | true | | If exceed speed over 45 km/h | 7 demerit points | true | | | | true | ## What are the double demerit periods in New South Wales? Double points are applied for speeding, failure to wear a helmet (if driving a motorcycle), seatbelt, and using mobile phones while driving. These are applicable during holidays like long weekends, Easter, New Year, Christmas, and official public holidays in New South Wales. Double demerit periods start from starting date’s midnight to the ending date's midnight. Any other traffic offences will introduce one extra demerit point. Double demerit points are outlined below. - Over Australia Day the double demerit period is active from 22 January to 26 January. - During Easter, the double demerit period applies from 1 April to 5 April. - Queen's Birthday double demerit system is applicable from 11 June to 14 June. - Labour Day holiday from 1 October to 4 October. - Christmas, New Year and Boxing Day are in a double demerit period between 24 December to 3 January of the following year.

Fine for leaving the scene of an accident in QLD

Any driver showing unsympathetic disregard by leaving the scene of an accident could be jailed. The act of a person to leave the scene of an accident in Queensland is an offence indictable by a fine or imprisonment. Any driver not complying with the duties and responsibilities will result in a maximum of 20 penalty points ($2,611 fine) or 1-year imprisonment. Not stopping and supplying information to any person involved or the Queensland Police may account for a maximum penalty of 20 units. Any driver failing to stop and assist may be charged with a fine of approximately $2,300. Any driver being involved in a traffic accident refusing to provide their personal information to any other person involved is an offence punishable by a fine exceeding $2,000. If a driver causes death or injury to any person, a fine of 20 penalty units may be levied. A punishment with 1-year imprisonment may also take place. If not the case, the charge will be reduced to 10-penalty points or six months in prison. Any driver charged with this offence will be imposed a penalty of five units for a first offence and ten penalty points for a second offence. ## What are the consequences of leaving the scene of an accident? Failing to stop at the scene of the accident comes with repercussions, outlined below. ### Punishable acts - Any person operating a single motor vehicle, smashing a fence (involved in the crash) and leaving the crime scene without necessitating any details to the property owner. - A person operating a single motor vehicle bumping into a parked car in a parking lot, producing a scratch on the other vehicle and failing to leave their essential particulars or wait until the vehicle’s owner returned. - If a driver denies to give the necessary information at the scene of an accident. ## Penalties if found guilty A range of punishments are applied under Queensland law for those who flee the scene of an accident. If you are a professional driver, charges under [duty of care or negligence](/guides/solicitors-lawyers/duty-of-care) may be considered. ### Losing licence Anyone charged with any offences related to leaving the scene of an accident may be hit with the maximum of 20 penalty units or demerit points. ### Jail An order of imprisonment by the magistrate can be for 14 days for a first offence and one month for succeeding offences. ## What should I do after a car accident? There are some immediate actions a driver should do after a car accident. You may be alcohol or drug tested by police to ensure you are not a low, high or [mid range drink driver.](/guides/solicitors-lawyers/what-is-mid-range-drink-driving) - Help any injured. - Inform the police. - Exchange details such as name, phone number, email and address. - The registration number, model, colour and insurance details. - Capture required photos.

Lawyers Informational Articles

Speeding fines in New South Wales

Every speeding fine has a due date and failure to pay it on time will trigger a penalty reminder notice. The police issue a penalty notice if your car is caught on a mobile, fixed speed cameras or by a police officer holding a camera. P1 licence holders will lose their licence and learner's for three months minimum if caught for any speeding offence. | Infringement | Penalty | | -- | -- | | Speeding vehicles 30km/h to 45km/h | Licence suspension for 3 months | true | | Exceeding a speed limit more than 45km/h | Licence confiscated and suspended immediately or the number plate confiscated or impounded from a vehicle for 3-6 months | true | | Exceeding the limit by 30km/h | Number plate confiscated or impounded for 3-6 months if a disqualified driver | true | ## Court penalties for speeding offences for heavy vehicles | Infringement | Penalty (maximum fine) | | -- | -- | | Within 10 km/h | $2,200 | true | | 10km/h to 20km/h | $2,200 | true | | 20km/h to 30km/h | $2,200 | true | | 30km/h to 45km/h | $2,200 and or licence disqualification for at least 3 months | true | | Above 45km/h | $3,740 and or licence disqualification for at least 6 months | true | | Above 45km/h in a school area | $3,895 | true | ## For light vehicles | Infringement | Penalty | | -- | -- | | Within 10 km/h | $2,200 | true | | 10km/h to 20km/h | $2,200 | true | | 20km/h to 30km/h | $2,200 | true | | 30km/h to 45km/h | $2,200 and or licence disqualified for 3 months (minimum). | true | | Above 45km/h | $2,530 and or licence disqualified for six months (minimum) | true | | Above 45km/h in a school area | $2,635 | true | ## How are speeding fines issued in NSW? Speeding fines in New South Wales can either be issued right at the roadside or by email if the driver voluntarily provides it to the police officer. The arrival period of an issued infringement notice for a speeding fine by mail is not dictated, but the notice should arrive between two weeks. In case the fine has not been received within a fortnight, a report should be made with Revenue NSW and make an enquiry to avoid orders of enforcement later or late fee penalties. ## Penalty increment procedure Every speeding fine has a due date, and failure to pay it on time will trigger the debt collecting agency to issue a "penalty reminder notice". The fined person has to pay the fine and penalty amount within 28 days. Failure of payment will attract an “overdue fine notice”, which will add $65 to the total payable fine. In case of non-payment of all these fines, you can expect the following. - Cancellation of driver’s licence - Vehicle registration cancellation - The court may issue an order to seize vehicles - Imprisonment - Community service order ## How many demerit points do you lose for speeding in NSW? A driving licence holder will lose most demerit points (20- 30) if declared guilty by the court for speeding offences. They would lose at least demerit points (1- 6) if they exceeded the speed limit of 45 km/h and average demerit points (2- 7) if speeding in school zones. Expect to lose double demerit points for overspeeding on public holidays. [Demerit points deduction](/guides/solicitors-lawyers/how-many-demerit-points-for-speeding-in-new-south-wales) for a full licence holder under different speeding ranges (excluding school zones) are: - One point if speed exceeded by up to 10 km/h - Three points if over speeding between 10km/h to 20km/h - Four points for speeding range 20km/h to 30km/h - Five points for speeding range from 30km/h to 45km/h - Six points for speeding 45km/h and over ### Demerit points deduction in school zones for a full licence holder: - Two points added if exceed speed within 10km/h - Four points for exceed speed range 10km/h to 20km/h - Five points for exceed speed range 20km/h to 30km/h - Six points if exceed speed range is 30km/h to 45km/h - Seven points for speeding over 45km/h ### Demerit points deduction for P1 or P2 licence holders for different speeding ranges | Offence | Penalty | | -- | -- | | Less than 10km/h | 4 points or 5 points (school zone) | true | | 10km/h to 20km/h | 4 points or 5 points (school zone) | true | | 20km/h to 30km/h | 4 points or 5 points (school zone) | true | | 30km/h to 45km/h | 5 points or 6 points (school zone) | true | | 45km/h or more | 6 points or 7 points (school zone) | true | ## How to check your demerit points Every driver initiates with zero demerit points that increase with every offence. Demerit points are valid on a driving licence for three years, in addition to four months. Different driving licences have a different upper limit of applicable demerit points, and reaching the limit will cause licence suspension and or inability to renew it. Below are the points limits for each type of licence: - Provisional P1 and P2 licences: 7 and 14, respectively - Unrestricted driver licence: 13 - Learner’s driver licence: 4 - Professional drivers: 14 Take a look in your MyServiceNSW account. Existing users can log into their accounts; new users need to register. Once logged in, upload your details, such as driving licence details and or vehicle registration number (if not already done). You should now be able to view your current demerit points. You can also check your demerit points at a service centre with your driver licence . ## Can you get out of a speeding fine in NSW? If you believe you have been fined inappropriately, you can get for a review request. The penalty notice shall be reviewed under the following situations: - In case the offender believes that fining them is a blunder. - The offender was under a special situation that forced them to commit the offence. ## Requirements A penalty review request needs the following information: - Proof of identity (driving licence number, address proof with the offender's name on it, date of birth certificate). - Penalty notice number generated when the penalty was issued. - Offence date. - Any related piece of evidence that can support the offender. ## Procedure for review request Offenders can request the penalty review online by visiting this Service NSW website and using the "Request a Review" function. Any applicant is eligible to receive a hold on the imposed fine. The hold is valid until the review is completed, and the applicant will be informed. Alternatively, a person can file a case in court or request a review online once at a time. Doing both things simultaneously will automatically cancel the online review request, and the case will be heard only in court. Alternatively, consult any good traffic lawyers regarding the traffic offences. ## Is speeding a criminal offence in NSW? Speeding, otherwise known as reckless driving, is considered a criminal offence in NSW, leading to a criminal record. Surpassing the speed limit of 45km/h will lead to a court caes. A criminal record will be valid for ten years from the offence date. Penalty fee ranges from $121 to $2,482 for speeding criminal offence with a class A motor vehicle, $360 to $2,482 for class B motor vehicle and $360 to $3,762 for class C motor vehicle. The judge may impose a fine if dealing with the case in court. The expected penal fee ranges from between $2,200 to $3,300 in addition to a licence disqualification of at least three months (for speed range 30km/h to 45km/h) and six months (for speed over 45km/h). ## Expect the following possible repercussions - Licence suspension for speeding ranges from 30km/h to 45km/h above the speed limit. - Suspension of provisional licence (red or green P) if demerit points are lost. - Immediate licence cancellation by police when the speed is over 45km/h above the posted speed limit. You can discuss special circumstances with the police on the spot to avoid cancellation under certain circumstances. ### Other factors taken into account - Distance covered while speeding. - Type of vehicle used for speeding. - Licence type. - Applicability of double demerits.

What is grievous bodily harm?

A grievous bodily harm charge can carry with it a sentence of up to 14 years in jail. Causing grievous bodily harm (also known as GBH) is a criminal offence and an unlawful act mentioned in the Criminal law Code’s Section 320 of Australia. It is a serious charge which, in a more legal sense, is a result of injuries that cause: - Loss of an organ or a vital body part. - Crucial disfigurement. - Any life-risking injury to the body that can cause death if not treated. - Causes that are likely to cause permanent injury to the body. ## Potential causes and consequences Many cases relating to grievous bodily harm arise from verbal and or physical violence. GBH is a broad concept and includes the condition of treatment that is or could have been available at the time of injury. The prosecutor is not obliged to prove whether or not one intended to constitute grievous bodily harm to another person. A person can be guilty of grievous bodily harm irrespective of one's intentions. The idea of consent is deemed unnecessary as a person cannot possibly, consent to be harmed or injured in any way. ## Can you be jailed for grievous bodily harm? If found guilty of grievous bodily harm charges a sentence of 14 years of imprisonment can be given. When the legislation is setting out the penalties in each case, the court considers the below. - Personal situation. - Nature of the offence. - Criminal history. ## Grounds for imprisonment The level of wounding and intent are two crucial factors in determining the severity of the charges. ## How long can you be jailed for grievous bodily harm? Intentional grievous bodily harm to someone is a serious crime. The maximum amount of years that one can be sentenced to is 25 years of imprisonment. According to some statistics, common penalties or sentences for grievous bodily harm in Australia are: **Imprisonment:** 88% **Average term:** 36 months of imprisonment with 18 months non-parole. **Reckless wounding offences:** 55% imprisonment, 29.8% suspended sentences. **Median term:** 30 months of imprisonment with 18 months non-parole. If pleading not guilty, the person has to prove attacking the other person in self-defence and had no intention to harm. If found not guilty, they are free of all charges. Charges faced if pleaded guilty include: - Grievous Bodily Harm in company: Maximum penalties include 14 years of imprisonment, five years non-parole. - Grievous Bodily Harm: 10 years of imprisonment, four years of non-parole. - Wounding in company: 10 years of imprisonment, four years of non-parole. - Wounding: 7 years of imprisonment, three years of non-parole. ## Which court will hear a grievous bodily harm matter? Local courts cannot deal with GBH cases - usually the Supreme Court. Various defence types are available under different circumstances. The court might consider the following assault charges (distributed in different categories). ### Defences of consent - Any assault, light damage, or injury to the body is not considered as an assault, as long as consented. - If the degree of the damage is nominal. ### Chastisement defences - Assault included in the Section 61AA in Crimes Act 1900, year 2000. - Any moderate and or reasonable physical force in the course of child discipline. - A reasonable amount of force used, an assault that lasted for a short time, and no harm to the neck or head. ### Self defence - If an individual defended themselves when faced with any sort of danger. - If an individual assumed it was mandatory to retaliate to prevent grievous damage to their body, property or another's, important to protect their liberty. - Assaults included in the Crimes Act 1900, section 418. ### Influence of toxic substances - Offences under the influence of intoxication, causing grievous harm with intent. - The level of intoxication is considered to determine if they were capable of forming a decision regarding the outcome. ## What is the difference between assault and grievous bodily harm? The differences between an assault and grievous bodily harm are outlined below. ### Common assault - Those offence mentioned in the Crimes Act 1900, section 61. - Usually heard in the local or district court. - Maximum penalty of 2 years of imprisonment; fine of $2,200. - Offences involved are kicking, spitting, punching, threatening or hitting. It is the least serious offence or damage resulting in no bodily pain, damage, harm or injury to a person. If charged with an assault, the concerned person has present in court with the chances of imprisonment and or fine. It may attract a criminal record, but an experienced criminal law lawyer can try to get a No-Conviction Conditional Release Order under section 10. ### Grievous bodily harm This is a very serious offence if committed with intent and not for self-defence. It involves using weapons, mostly causing grievous injury, damage, pain or harm to another person. It Includes not just intentional or self-defence acts but also recklessness acts as well. Grievous bodily harm is considered an offence much similar to an attempted murder. A convicted individual will face a maximum penalty of 25 years of jail time. A standard time frame for non-parole is applicable. - Offence included in the Crimes Act 1900, sections 33 - 54. - Heard in the district or Supreme Court.

Red Light Camera Fine

You will receive a fine if the red light camera shows that your car went beyond the stop line into the intersection during a red light. The installation of red light cameras is usually done in intersections that are susceptible to crashes and where pedestrians and other road users like road workers are at risk. Red light cameras essentially enable drivers to make conscious decisions on the road. You will be fined for ignoring red light cameras and have demerit points on your licence. The locations for safety cameras are usually around traffic lights and connected to sensors that are below the first stop line. If the vehicle goes past the white line when the light is red, it triggers the camera and two photos are taken. One shows the vehicle's rear when crossing the stop line and the second one shows that it went ahead across the intersection during the red light signal. The date, time, plus location are all recorded by the camera. The image detail also indicates the speed limit and your real-time direction and speed. Sometimes red-light cameras can also be speed cameras. Therefore over-speeding to beat the red signal can land you in a red light speed offence. The picture taken by the camera is used as evidence against you. If you ignore the traffic light signal at any camera location, details will be taken and you will be served with an infringement notice and eventual camera fines of at least $603. You will also earn demerit points which might lead to eventual licence suspension. ## What happens if I accidentally go through a red light? In New South Wales, the [State Debt Recovery Office](https://www.revenue.nsw.gov.au/") (SDRO) evaluates all pictures taken by the cameras. You will receive a camera fine if the evidence shows that your vehicle went past the stop line into the intersection during the red light signal. Camera fines can also be served to any person driving over the speed limit at any traffic light. However, you can always appeal if you feel that you deserve better. After receiving a penalty notice, make a petition before 28 days elapses if you feel that the penalty is not justified or you accidentally went through the intersection on a red light. In this case, the penalty notice could be maintained. This shows that it's justifiable that you committed an offence. You can therefore comply with the fine payment or petition the issue in court. If the SDRO finds that the penalty notice is not justified, it could just give you a warning. However, this is only in accordance with an excellent driving record of not less than ten years. You could also only be cautioned based on your tangible special evidence. There is no offence penalty or demerit points but the warning is put on record. Finally, if the SDRO finds that the penalty notice was erroneous or the offence evidence is not sufficient, the penalty will be cancelled. There will be no light camera fine or demerit points. Therefore the driver licence will not be at risk of suspension and the driving history will remain clean. ## How do you know if a red light camera caught you? Australia has red light cameras installed in different areas. These cameras take images of vehicles that move through the intersection when the traffic lights turn red. The pictures taken must clearly show the vehicle's number plate for easy identification of the owner to be served with an infringement ticket. You will therefore know that you broke a road safety law after the police officer in charge or the SDRO reviews pictures taken by the red light camera and serves you with a penalty ticket through your mail. You can simply comply and pay the fine or decide to move the matter the court. However, be prepared for the courts are expensive and are rarely lenient. You will also know that the red light camera caught your vehicle if you see the traffic light is red, but you intentionally decide to cross the stop line. Although these red light cameras are essential in the reduction of accidents, they also serve as a government business. This is because the penalties serve as a source of revenue when the offenders pay the fines. The red lights are there to ensure every vehicle driver makes a proper decision at every intersection to avoid penalties. This ensures that accidents are minimised and there's safety for everyone on the road. It is therefore prudent for every driver to respect the red light signals. ## How does a red light camera work? The red-light camera is computerised and linked to sensors that run through the stop line. It is set to take a photo of any vehicle that passes the stop line 0.3 seconds after the traffic light changes to red. The camera will however not be activated if you cross during a yellow light. These cameras also serve as speed cameras. When a vehicle crosses the first line in disregard of the red light, the camera is sensitised and activated and takes two photos. The first one is for the rear of the car and the second image is taken in an estimated one second after taking the first photo. The second one shows the moment the car is in the intersection. The picture taken shows several things. It first displays the licence plate for identification. The date and the real-time of the incidence are also shown. It also displays the exact intersection's location. The recommended maximum speed and your speed at the moment and direction of the car are also recorded. The images are then evaluated by the SDRO and the fines are administered to the offenders. The offence is charged $603 plus three demerit points. In case the camera is located in a school area and you break the red light law within school hours, the penalty rises to $755 plus four demerit points. ## What does a red light camera look like? It's not difficult to spot red light cameras if you are attentive. In most cases, it is a relatively large box that has two flashlights that are externally mounted on the ends of the intersection. They are mostly installed in high-traffic city intersections. In many cases, there is a signpost that indicates the presence of red light cameras so you shouldn't miss them. They are meant to record vehicles that move through intersections in disregard of the red light rule. They are usually in the same zone with the safety lights. So if you see safety lights at the intersection, know that that red light cameras are within range and are monitoring your drive. If these cameras detect that you disobeyed the red light, they will take an image of your car. The image will indicate where you committed the offence and the date of the act. They will also record the vehicle's direction, the set maximum speed and the speed of the vehicle. In case you are found on the wrong, you will be notified with an infringement ticket and a penalty notice number in your mail. It's therefore advisable to observe red lights for everyone's safety and to avoid being handed a red light camera fine.

Casual loading rates

A casual loading rate can vary between 15% and 25%, depending on the agreement between the employee and the employer. Casual loading and overtime rates are mentioned in the Fair Work Act, and a percentage rate is ensured to a casual worker based on the appropriate enterprise agreement and award related to a job. Higher pay rates are offered to casual employees since they are not permanent workers. They do not receive benefits such as: - Sick leave. - Long service leave. - Annual leave. ## Calculating the rate The casual loading rate can be determined based on the hourly wage rate and the agreed percentage rate mentioned in the enterprise agreement or the employment contract. By adding the two rates, a casual loader benefits from a higher rate of pay than permanent employees of the same stature. A casual loading rate can vary between 15% and 25%, depending on the agreement between the employee and the employer. It can be calculated by adding up the hourly rate of wage and the percentage of casual loading wage that has been decided upon. - Hourly wage: $20.33 (current national minimum wage). - Casual loading rate: 25% - Therefore $20.33 (permanent wage rate per hour) + $5.08 (25% of the permanent wage rate per hour) = $25.41 ## Do employers have to pay casual loading? Yes, Australian employers are legally bound by the Casual Employment Rights and the Fair Work Act for that. Since being a casual worker is insecure, the government has introduced certain rights, policies, and benefits. ## Types of pay for casual workers Employers can ask casual employee to work at short notice since their working hours are not fixed. However, the employer should pay a rate for the minimum engagement period whether or not any work was assigned. Based on the agreement, an employee can toggle their full-time or part-time status at any time. Awards or agreements have a status transfer system. Employees can ask for a change after 12 months of systematic working. Workers can access protection against unfair practices after being employed at the same job for at least six months or 12 months if the business is small. Legal coverage involves the same benefits as permanent workers - outlined below. - Equal opportunities based on experience. - Membership with the union. - Compensation. - Health and safety. ## What is the minimum casual wage in Australia? The minimum wage rate in Australia varies depending on the type of employment, capacity to work and age. The minimum wage rate per hour in Australia is $20.33 and casual workers are entitled to at least a 25% casual loading rate. Every worker must be paid at least or more than the minimum wage rate even if they agree to get paid less. The agreements regarding the pay structure for a casual worker is determined at the time of employment and is not bound to change later. The minimum national wage order is for employees who work on an agreement and award free basis. ## The order sets a minimum wage structure for the following - A rate for casual loading and overtime. - A national minimum special wage for: Disabled workers, Workers on whom arrangements for training are applicable, Junior workers, apprentices and trainees - A minimal rate for adults. A new minimum wage rate has been updated as of July 1, 2021, which includes a rise of 2.5%, updates regarding awards and agreements and details about updated superannuation. Workers and employers should have proper knowledge about these updates along with the revised rights and benefits. Visit official government official website for more details. A new EAS (Employer Advisory Service) has been initiated, particularly for entrepreneurs owning small businesses. This service by the fair work commission provides small businesses with advice regarding the Fair Work Act. ## What are the rights of a casual employee? Australia's Fair work act and fair work commission incorporates rights for full/part-time workers and casual employees. ## Higher hourly pay rate This act guarantees a casual employee a higher hourly income than an employee with a permanent full-time job. This is called “casual loading”, which ensures 15-25% of the permanent hourly wage as an incentive. ## Working hours There are no rigid working hours for casual employees. These hours are specified in the agreement letter. ## Superannuation amount An adult casual worker, earning $450 per month, has to pay the superannuation amount on their behalf. ## Leave Casual employees don't receive paid leave but have a few unpaid leaves like: - Unpaid carer’s leave: 2 days. - Unpaid compassionate or bereavement leave: 2 days. - Annual unpaid family leave: 5 days. - Unpaid leave if busy with the community service(s) like jury duty. ## Long-term casual employees Upon completing 12-months of their duty, casual workers are called “long-term casual employees” that give them rights such as opting for unpaid parental leave for 12 months with job security. ## How much more should a casual worker be paid? Casual workers enjoy fewer incentives than permanent employees. Some ways to increase casual workers’ income are listed below. ### Casual loading It is the additional amount paid to a casual worker in addition to their permanent hourly wage, which is 15-25% of the fixed per hour earning. They are entitled to receive this amount and failure at the employer's end may be considered breaching the employment agreement. ### Superannuation amount Superannuation laws in Australia guarantee this amount to all workers. An adult casual worker earning $450+ shall receive at least 10% super from the employer. ### Work on short notice Casual workers are free to reject work invitation received at short notices. However, upon worker’s acceptance, the employer is obliged to pay a minimum engagement fee for some fixed hours whether they worked or not. ## Issues faced by casual workers Casual workers lack the following incentives: - Paid sick paid leave or general paid leave. - Job security. - Fixed office hours. They do not have fixed working hours and are typically not given shifts based on the requirement. - Long term casuals. Even after becoming long term casual workers, they get more working hours and still don’t enjoy as many privileges as a permanent employee does.

What is a court hearing in Australia?

This preliminary hearing is a hearing held prior to the "main" court case. A court hearing is a hearing conducted by a magistrate or judge, which must be conducted impartially. It is essentially a preliminary hearing or an administrative hearing. This preliminary hearing is a hearing held prior to the "main" court case. Depending on the case, it may be heard by an administrative law judge (especially for cases to do with an administrative agency, like those that take place due to agency action) or another judge (especially in criminal cases). A bankruptcy case is often considered an administrative case. Depending on the case, the court hearing may be the criminal defendant's first appearance in court. The aim of the court hearing is to make sure that all relevant information has been considered before the magistrate or judge makes his/ her ultimate decision about what should happen next. It should be an impartial and fair hearing. This could be either giving you an adjournment (where your case will be set down for another day), making an order, dismissing your case, telling you not to come back to court again without first talking to the Magistrates Court Registry or other orders including paying money into Court or directing police officers to investigate further. Types of cases that may be given a court hearing include: - A bankruptcy case, including both situations in which the defendant seeks to be discharged from debts and creditor claims. A bankruptcy hearing may also be a reaffirmation hearing, where a reaffirmation is filed and the defendant will have to reaffirm dischargeable debts note - especially, they will become legally obligated to pay all or a portion of an otherwise dischargeable debt incurred for the debtor's property. Another important part of the bankruptcy case prior to a final decision is the valuation hearing. In this hearing, the value of the defendant's property is established, and there may be a location search carried out of the property interest of the defendant. - Sexual assault - Reckless disregard (can be cited in a variety of cases, civil and criminal) As the latter two are serious crimes, the hearing defendant will undergo will be a committal hearing so that the court will decide whether they had reasonable opportunity to commit the crime and whether there is enough evidence. If there is, they will be "committed" to a higher court for further trial. If the higher court convicts, the defendant will then be a convicted criminal. ## What can happen in a court hearing in Australia? A lot of things can happen at a court hearing. These include but are not limited to: - Fines or reparations - Having charges changed or withdrawn. For example, if you say something that can constitute perjury during your hearing, that could be added to the charges. However, if it is discovered that you were subject to illegal search, were not given a search warrant, or procedural due process was not followed (you were subject to unfairly suggestive procedures or you were held without probable cause), your charges may be dismissed. The case may also be dismissed if the defendant can prove that his or her rights were infringed upon. - Penalty conditions being set by the Court for future offenses. - Community service orders, home detention, imprisonment - More time to pay fines - Forced counselling services for problem behaviours including alcohol, drug addiction, and domestic violence. - Drug diversionary programs with the aim of reducing recidivism rates among young people. The regime is aimed at perpetrators of simple drug-related crimes who have no criminal history. They must be prepared to sign up for contracts which they will have to abide by. Depending on the evidence and arguments presented by the prosecutor, the defendant may choose to plead guilty or decide to allow the case to continue to a higher court. If you have made a statement to an officer, the court can decide whether it is admissible or not. The defendant can ask for a Jackson Denno hearing held for the court to decide whether the statement was voluntarily given, or whether it infringed on the defendant's constitutional rights. If you need legal representation or advice for this process speak with your lawyer so they can help you understand exactly what might happen at any stage of the proceedings and ensure everything is done correctly on your behalf. ## What's the purpose of a hearing? The purpose of a hearing in the Magistrates' Court is to decide whether or not the defendant committed a criminal offence against the law. In a criminal case, criminal law applies and the prosecutor may be the attorney general, or the defendant may be subject to public prosecutions depending on how serious the crime for which the hearing held is. At a court hearing, both sides of the story might be presented and witnesses may be called so that a fair hearing can be conducted and there is no action taken that can taint hearing procedure. The prosecution case must prove beyond reasonable doubt that you have committed an offense, where reasonable doubt means they must convince the magistrate or judge that there's no possible way any other explanation could be true. A witness's identification can sometimes act as proof. The defendant doesn't have to prove their innocence, but if it is being claimed that they have been negligent when carrying out some action, they can provide evidence about what care they have taken when doing this. If they can show that reasonable care was taken then it would help support their case. ## How is a hearing different to a trial? Criminal cases in the Magistrates' Court is where the magistrate or judge decide if you are guilty based on all of the evidence This usually has witnesses that will speak for both sides. The lawyers representing the prosecution and defence will have more time to question their witnesses Most hearings in the Magistrates' Court are not as formal as criminal trials. This means that evidence can be given by affidavit instead of needing to appear before the court, and may consist only of written statements from witnesses rather than them appearing in person. There's also less time available for legal representatives to cross-examine adverse witnesses, meaning that if they wish to do so there can be multiple adjournments (where your case is set down for another day). If you need legal advice for the court process speak with your lawyer so they can help you understand exactly what might happen at any stage of the proceedings and ensure everything is done correctly on your behalf. ## Can a court hearing in Australia affect my trial? A court hearing can determine whether or not there's enough evidence incriminating the defendant to proceed with a criminal case. Depending on how strong the evidence it, the hearing can be nothing more than a relative formality. However, if there is inadequate proof, the confirmation hearing will be changed to a discharge hearing, and the defendant will go through his or her discharge process. If the magistrate decides that the prosecution has failed to prove its case, then it will stop the trial from proceeding further and you may be acquitted (meaning that you're found not guilty). An acquittal means that no conviction will be recorded against you. However, if charges are amended during a court hearing, the prosecution may decide to continue with a criminal trial and you will need to appear in front of a judge. If the magistrate decides that there's enough evidence for a criminal case to proceed then they can issue an order either 1. To return your case to the Magistrates' Court at a future time for arraignment (where lawyers representing both sides meet together and discuss how the case will be prepared) 2. To have your matter heard directly in the County or Supreme Court. The Supreme Court is the highest state court. The County Court may also be called the District Court, depending on which start you are in. If you're unsure about how your case will proceed in front of the Supreme Court justices, the Supreme Court note (also known as Supreme Courts practice note) will let you know the details. Depending on the outcome of your case in court, you may appeal to a higher court (not a review board), up to and including the High Court. High Court justices are appointed by the governor-general on the advice of the prime minister (unlike in other countries which follow presidential appointment). Justices cannot be removed unless by approval by legislative committee and both houses of parliament. Both of these options mean more legal work on your behalf so it is important that you speak with your lawyer about what might happen if it is decided that there should be some kind of criminal trial and what this would involve. If you need legal advice for this process speak with your lawyer so they can help you understand exactly what might happen at any stage of the proceedings and ensure everything is done correctly on your behalf. ## What happens at a hearing? At the time of a Magistrates' Court hearing, both sides of the case will have an opportunity to present evidence. This ensures that a fair hearing is held. Once both sides offer evidence, the magistrate or judge makes their decision about whether or not there's enough evidence to proceed with criminal charges Any witnesses may also be asked to provide sworn (under oath) statements. This means that they make an affirmation by swearing on the bible or another religious book, which is considered very serious in court, before telling the court what they know about the case The prosecution's evidence will be presented first and then it will be the defence's turn to do so. The prosecution can also put any questions to witnesses that they might want answered at this time but you or your lawyer may not be able to cross-examine them. ## What happens after the hearing? If the magistrate or judge decides that there's not enough evidence against you, or there was a mistake in criminal procedure (for example, you were held without probable cause) then your case will be dismissed. This means that your charges won't go any further and you don't have to worry about going to court again for this incident In some cases if the magistrate or judge decides that there is enough evidence against you, but it looks like a conviction may not be recorded they can adjourn (delay) or dismiss your matter without recording a conviction. If they choose to do this then your criminal record will remain unblemished and only police may be notified of what has taken place in order to prevent ongoing harassment by them For more information on these options: Your lawyer, or you if you are representing yourself, gets a chance to make submissions about whether there's enough evidence and what they suggest should happen next The magistrate or judge will make their decision on the day after considering all of the evidence presented by both sides which is known as delivering judgement. If it is decided that there is insufficient evidence for criminal charges, no conviction will be recorded. It's always best to have legal help from a lawyer or solicitor during a legal hearing. They will be able to help you defend yourself, and will know best what laws apply to your situation. For example, you may believe the Article II of a given act applies to you, but if you are wrong, this could harm your case. A lawyer will be able to guide you appropriately.

How Much Does a Divorce Lawyer Cost in Australia?

The Family Law Act 1975 requires that your divorce application be based on the fact that your marriage has broken down irretrievably. The costs vary depending on the lawyer's experience and credentials. However, you can expect to pay average costs of around $350 per hour on average. If you are looking for a cheaper option, some lawyers offer a flat fee arrangement. This means you will pay a fixed price for the entire divorce process. ## Do I need a lawyer to get a divorce? No, you don't, however, [legal representation](/guides/solicitors-lawyers/how-much-does-a-lawyer-cost-in-australia) may be a good idea during the divorce process as many complex legal issues can arise. Think of disputes arising regarding; - Child support and care arrangements for children's matters. - Paying for living expenses, and the amount payable. - Property settlement and living arrangements if the divorce plea is granted. - Challenges arising if one partner does not want the divorce. If you decide to represent yourself in court, you will be responsible for preparing and filing all necessary paperwork. You will also need to appear in court on the day of your divorce hearing. Family lawyers are conversant with the intricacies surrounding divorces and family disputes. They also offer tailored advice based on particular circumstances specific to each case. An experienced family lawyer will ease navigating the whole process and advise possible outcomes. ## How long does a divorce take in Australia? The divorce process can take up to one year, depending on the case. If you can reach a settlement agreement, the divorce process can be sped up. A shorter divorce process will lower the divorce cost too. If there is a conflict between the two of you, the divorce process will likely take longer. ## What are the grounds for divorce in Australia? The Family Law Act 1975 only requires that your divorce application be based on the fact that your marriage has broken down "irretrievably." The court cannot grant a divorce until it is satisfied that your marriage has broken down and there is no chance of the two of you coming back together. The courts consider many factors before divorce is granted to Australian citizens. Typically, the applicants must have a marriage certificate, be married for not less than 2 years, and both must be Australian citizens. They need to figure out issues surrounding child support if any children under the age of 18 are involved. The separation and not living under one roof should have lasted not less than 12 months. ## What can I do if my spouse contests the divorce? If your spouse contests the reason for your divorce or claims that the two of you are still happily married, he or she will need to file a response to your divorce application. If the court is not satisfied it will not grant the divorce. In this scenario, you may need to seek legal representation to help you prove that your marriage has truly broken down. ## Where do I file for divorce in Australia? The divorce process in Australia is handled by the Family Court. You can do this at your nearest family law registry or online. ## What if my spouse misses the deadline for filing a response? If your spouse does not file a response within 28 days of receiving the application, he or she will need to seek an extension from the Family Court. The court may grant it as long as there are exceptional circumstances for missing the initial filing deadline. If the court does allow an extension, it will likely set another date by which your spouse must file his or her response. If your spouse does not file a response or seek an extension, the court may still grant the divorce if it is satisfied that your marriage has broken down "irretrievably." This will avoid a trial and your spouse will have no legal right to contest the divorce. ## What does a divorce lawyer do? A divorce lawyer represents you legally during the divorce process. He or she will let you know your rights and help you negotiate a settlement agreement with your spouse. If a settlement cannot be reached the lawyer will represent you in court. A divorce or family lawyer can also help you with other legal matters related to your divorce, such as child custody and property division. They generally don't specialise in other areas of legal representation [such as criminal law](/guides/criminal-law/how-much-does-a-criminal-lawyer-cost-in-australia). ## Does a divorce lawyer handle the separation of assets? Yes. When you file for divorce, your lawyer will explore the option of seeking a court order for a property settlement if the two of you are unable to negotiate a settlement agreement. This means that assets may need to be divided and debts paid in full before both spouses can move on with their lives. During this process, your attorney will collect evidence such as financial records and bank statements to prove how much each spouse is entitled to keep or share. ## Does a divorce lawyer handle child custody? There are many reasons why parents choose to seek joint custody of their children during the divorce process. If both parents agree to an arrangement outside of court, they can draft an official parenting plan. This outlines details such as where the child will live and expenses A child custody attorney can help you negotiate an arrangement with your spouse in court if the two of you are unable to reach an agreement outside of court. Child custody attorneys also handle all legal issues related to parenting plans, such as modifications and enforcement. ## What are the key divorce costs? Unless you are representing yourself, be ready to meet the divorce costs. You will pay the family lawyer for legal advice. Some family lawyers will charge initial consultation service fees. If you are unsure of possible average divorce cost, a cost-effective option is to find lawyers who provide a free consultation prior to the commencement of the divorce proceedings. A divorce law firm or lawyer will charge an hourly rate or a fixed fee. Seek clarification on the services constituting the overall cost. These could include phone call costs, photocopy, payment for witness related expenses, etc. A junior lawyer can handle the matter if your divorce case is not complicated, such as where the other party has little dispute or is expressly in agreement with the petition. Since this is an inexpensive process, the average cost will be lower. Other than paying for legal advice, the average divorce costs will include costs incurred in court. These relate to legal fees for application for divorce, such as court filing fee. If you are applying for divorce as a sole applicant, factor in costs associated with serving your spouse and any other involved parties or costs arising if the jurisdiction is in different states. A divorce applicant facing financial hardship conditions is eligible for a reduced filing fee or legal aid subject to fulfilling the local court's requirements for such assistance. ## Are there other fees that may affect the cost of your divorce? There may be further costs that can affect the overall divorce fees in some cases. For example, you may need to hire a financial advisor to help you divide your assets, property matters, and debts equitably. Independent experts may also be required to testify in court about the value of certain assets. Your lawyer will be able to provide you with an estimate of the total cost of your divorce once he or she has a full understanding of your situation. In addition, depending on the outcome, the petitioner may be required to foot the divorce order costs. These may include child support and spousal maintenance costs. ## How long does it take to get divorced? It varies. Every divorce is different, but the formal process will generally take about four to six months if you and your spouse can settle everything privately outside of court. The length of time it takes for a judge to grant a divorce will depend on the circumstances surrounding your case. For example, if there are unresolved issues related to children parenting arrangements or sharing of property matters, it may take longer for both spouses to receive their official decree. If you have not settled all issues by this point, then it's likely that you'll have to go through trial proceedings before being granted your final decree absolute. For more information on divorce, take a look at [Family Relationships Online](https://www.familyrelationships.gov.au/separation/divorce).

Cost of Power of Attorney in Australia

Not surprisingly, there is a cost to getting legal documents prepared for you by a lawyer. Some of the legal documents are wills, testamentary trust documents, affidavits, contracts, loan agreements, and Power of Attorney (POA) documents. Below are indicative costs for preparation of the Power of Attorney documents. ## Couples (two sets of mirroring documents) - Two wills, one for each of you (2 documents) $750 to $800 - Financial Powers of Attorney $440 - Appointment of Medical Decision Maker documents (2 documents) $450 to $500 ## Single set of documents for individuals - Will only $400 to $450 - Financial Power of Attorney $250 - Medical Treatment Decision Maker $200 to $250 ### Can I draft a Power of Attorney document myself? Yes, you can draft a Power of Attorney document yourself, but please remember to make sure that your Powers of Attorney documents are properly witnessed to make them valid and legal. In the case where people have attempted to do this themselves, and it is challenged in Court, Judges have dismissed them because they were not properly witnessed or only one Witness was present when the POA was signed. In addition, if a challenge does take place in a Court of Law and there is evidence that you drafted your own documents, then your POA will be invalidated and therefore rendered useless. So it would be wise to pay a little extra for peace of mind and get them professionally drafted for you. Finally, to have the Power of Attorney documents legalised, it is important to have them notarised to be valid, legally binding, and enforceable. ## What does Power of Attorney mean? Quite simply, Power of Attorney is a legal document that allows you to appoint someone else to make important personal decisions on your behalf for a range of issues such as medical, financial, and legal decisions, real estate administration, living will, lease, or mortgage decisions. This person legally acts on your behalf when it comes to these important issues. It is recommended to seek legal advice when considering drafting a Power of Attorney in cases where disputes or contestation may arise from children or other interested parties. Legal advice will also help you know the different types of Power of Attorney provide in law, such as: ### General Power of Attorney The general POA grants the agent nearly universal authority to make financial and legal decisions for the principal in most or all matters. Ordinarily, unless otherwise stated, it ceases to exist upon the principal's mental incapacitation, death, or if the drawer revokes it. ### Immediate vs Springing Power of Attorney The immediate POA takes effect on the date it is properly signed and executed. This is in contrast to the Springing Power of Attorney that goes into effect once certain stated conditions are fulfilled, like mental incapacitation of the principal. ### Special Power of Attorney The special POA, also called a limited POA, outlines specific circumstances that the agent can make decisions. This POA arrangement keeps the agent's liability limited to only decisions taken within the stated circumstances. ## What is an Enduring Power of Attorney? This gives somebody the authority to make financial and/or health decisions should you become mentally incapacitated. You appoint a person or persons known as your "attorney(s)" to act for you when you cannot do so yourself, e.g., due to dementia, severe brain injury, stroke, etc. Enduring power of attorney will only come into effect when the person who made it loses their mental capacity to make important decisions, i.e., they cannot understand the information given to them, or they cannot remember a decision made in the past, or they are not able to make a decision at that time. ## What is Financial Power of Attorney? Financial power of attorney grants someone the authority to handle money, financial affairs and make personal financial decisions on your behalf. This includes paying your personal bills, buying or selling property and assets, withdrawing funds from bank accounts, dealing with investment portfolios, and generally managing your money and related financial affairs. It is also important to note that while you do not need to tell anyone that you have appointed someone else, it may be helpful for your family and friends if they know who has the authority to act on your behalf. A Financial POA can be revoked at any time by yourself. ## What is a Medical Power of Attorney? A medical power of attorney (enduring guardianship) is a document you complete with someone else that allows them to make medical decisions about your treatment and care for you if you lose capacity or become incompetent to make your own decisions. It can be very helpful as it means that treatment decisions are made by the person closest to you. It also does not take away the right of your next-of-kin to give permission for you to have treatment if they are able. It's also important to note that while you do not need to tell anyone that you have appointed someone else, it may be helpful for your family and friends if they know who has the authority to act on your behalf. ## Who can hold Power of Attorney? Power of Attorney may be held by an individual over the age of 18 years unless they are a "person under disability" as defined by the Powers of Attorney Act. A person is regarded as being a "person under disability" if they are unable to manage their property and affairs effectively, either because they are not mentally capable due to mental illness or any other mental impairment or because they are not physically capable due to some physical injury or illness. However, before granting Power of Attorney, it will be necessary for your Counsellor/ Solicitor to determine whether you have the capacity to understand what you are doing. ## Should I hire a lawyer to draft my Power of Attorney? This can help to avoid any confusion or disputes down the track. A lawyer or solicitor can help you draft a valid document and provide advice on the best way to proceed with legalising it. ## What is the process for setting up Power of Attorney? The process for setting up Power of Attorney will vary depending on the type of document you choose and the State or Territory in which you live. However, generally, you will need to complete a form, have it witnessed, and then have it registered with the relevant authority. ## How do I end Financial Power of Attorney If you wish to end Financial POA, you must revoke the document in writing. It is best to do this in front of a witness to avoid confusion about what happened. You can also appoint a new attorney if you would like someone else to take over financial decision making for you. If you do not revoke the POA, it will remain effective even if you regain capacity.