Queensland’s Child Protection Offender Reporting scheme was established with the Child Protection (Offender Reporting) Act 2004 (“the Act”). This child offender reporting scheme provides a nationwide requirement on child sex offenders, and other defined offenders against children, to keep police informed of their whereabouts and other details once they are released into the community for a certain period of time.

These conditions are not intended to form part of the punishment for the offence but are aimed at protecting the community by reducing the possibility that the person will reoffend and also to assist police in locating offenders if they re-offend.

The Act details all the offences for which the offender must report. Sexual offences against a child such as incest, indecent treatment of a child, rape, procuring sexual acts and carnal knowledge with or of a child are listed as named offences. If the court finds a person guilty of an offence that is not named, they may still make an order that the person comply with the reporting conditions.

There are some circumstances where the offender is not required to report after being found guilty of one of the named offences. For example, if the offender was not sentenced to a term of imprisonment or a requirement that the person be under a supervision (such as probation).

The Act specifies the time when an offender must report after being released and varies between 28 days and 90 days depending on the offence type and the order of the court. Some of the details which must be reported are the offender’s personal information, address, employment, motor vehicle details and whether they have contact with any children. Additionally, DNA samples must be provided if requested by the police and also the offender must provide details of online accounts such as Facebook, Pinterest and Instagram.

Offenders must report three times a year and are required to immediately update their details if they change. An amendment in June 2014 to the legislation allows offenders to report via technology and online which has made the process much more efficient and less onerous on the reporter.

If a reportable offender fails to comply with their obligations without reasonable excuse, they may be subject to a maximum penalty of 500 penalty units or 5 years imprisonment. If a person gives misleading information, they are liable for a maximum penalty of 300 penalty units or 5 years imprisonment.

The court can take these offences very seriously. In the matter of Wosomo v Place [2010] QDC 529, the offender failed to report within 28 days of being released from custody. He was originally sentenced to a term of wholly suspended imprisonment but on appeal received a fine. Brooke Winter Solicitors and Advisers have appeared for clients charged with offences against the Act and on each occasion have obtained the result of a minimal fine for the client.

If you are charged with an offence against the Child Protection (Offender Reporting) Act or need advice on your reporting requirements, contact Brooke Winter Solicitors and Advisers on 1300 066 669.

This information is provided as general information only and is not intended as specific advice. You should seek legal advice before acting on this information.

Current as at 4th August 2015

During the month of October, the Queensland Police Service will be targeting traffic offences relating to failure to wear seat belt, child restraint and helmet offences.

The Transport Operations (Road Use Management – Road Rules) Regulation 2009 governs these offences and requires that the driver of the vehicle ensure that their passengers are correcting restrained, with specific requirements in relation to child restraints. With the number of road related fatalities at an all-time high this year, the police are being particularly vigilant in relation to seat belt related offences.

As a driver failing to wear a seat belt, you’ll be hit with a $300 fine and a accumulation of 3 demerit points. The same penalty applies for a passenger failing to wear a seat belt or the fine and demerit point will be allocated to the driver if the passenger is under 16 years of age. If you are receive two tickets for the same offence, your demerit point allocation will be doubled.

However there are exceptions at law, for example, a person is exempt from wearing a seat belt if they are carrying a doctor’s certificate stating they are unable to wear a seat belt due to a medical condition or if the person is providing or receiving medical treatment of an urgent nature.

With the increased police presence on the Gold Coast, many may be finding themselves in hot water in relation to demerit point offences. Should you require any legal advice for exceptions to traffic offences or how to keep your licence after a demerit point loss, contact us.

Recent Changes to De Facto Law

Substantial changes to de facto law were introduced on 1 March 2009. The major change that occurred was that de facto couples would be treated the same way as married couples have been for years. De facto couples in property settlement disputes are now heard in the Federal Magistrates Court of Australia or the Family Court of Australia.

A de facto relationship is a relationship between two people (including same sex couples) who are not married but are living together as a couple on a ‘genuine domestic basis’. Fundamentally, to have standing in a de facto property settlement claim, you would have to prove the following elements:

• a relationship of two (2) years; OR
• a child of the relationship; OR
• substantial contributions to the relationship; OR
• a registered relationship; AND
• either party being ordinarily resident in a participating jurisdiction when the
• application was made; AND
• both parties were ordinarily resident in a participating jurisdiction when the
• relationship broke down.

In Ricci & Jones [2010], a Federal Magistrate found that the Father had applied successfully for the dismissal of the Mother’s de facto property application. “The significance of this decision is that although there is a ‘child of the relationship’, the Court will not automatically conclude that a de facto relationship exists,” says Antonious Abdelshahied, Associate, Brooke Winter Solicitors & Advisers.

The parties in this case never lived together but did have a child. They dated for seven months until the Father ended the relationship when the Mother fell pregnant. The court found that there was no common place of residence, no ownership or use of joint property, no financial dependence or interdependence, the Father never cared for the child, and it was not a sexual relationship until the later part of the relationship.

The Federal Magistrate concluded that the relationship was of a ‘very limited nature’. “This very long awaited case has ‘limited’ the scope of what constitutes a de facto relationship and has essentially created a precedent for parties merely relying on the ‘child of the relationship’ provision rather than actually satisfying the Court that the parties were living together in a genuine domestic relationship,” says Mr Abdelshahied.

At the time of writing, the case was not being appealed.

In subsequent proceedings, the Mother was ordered to pay the Father’s legal costs totalling $5,865 for defending the Mother’s application that had no prospects of succeeding.”

Prior to Ricci & Jones, legal practitioners were of the view that a child born from a one night stand would give either party standing to bring a de facto property settlement claim. Ricci & Jones confirms that this is not the case.

“It is strongly recommended that any party who has had a child and who has recently come out of a very short relationship should obtain legal advice about whether they have standing to bring a claim for de facto property settlement or alternatively their prospects of success in defending such a claim” warned Mr Abdelshahied.

To obtain legal advice about De Facto Property Settlement matters, please contact Antonious Abdelshahied in Brisbane on (07) 3801 8366 or on the Gold Coast on (07) 5554 6622.

Drug Charges QLD

Have you been charged with a drug-related offence such as Trafficking, Supply or Possession?

Wondering what to do next?

If you’re facing drug charges, it is important that you get reliable legal advice before you do anything further. You have the right to remain silent and you should not participate in any police questioning without first receiving legal advice.

The penalties for drug offences can be very severe. There are a number of sentencing options available to the court, ranging from drug diversion (assessment and education), through to fines, probation, community service and imprisonment. There are also a number of defences which may be available to you.

Every situation is different. So, it’s important to get legal advice that is specific to your case. At Brooke Winter Solicitors, we have experienced criminal lawyers who can assist with drug charges.

If you’re facing drug charges in Queensland, then call us on (07) 5554 6622 for a free initial phone consultation.

Have you received an infringement notice and want to contest it?

If you’re thinking about disputing an infringement notice in Queensland, there are some factors to consider before you make your decision.

Did you know…..

1. The court has no discretion to alter demerit points;

2. If you elect to have the matter heard in court then a higher penalty may apply; and

3. The court has discretion to disqualify your licence.

If you’re unsure whether disputing an infringement notice is advisable in your situation, it’s a good idea to seek legal advice.

Brooke Winter Solicitors offers free initial consultations. If you want to discuss your infringement notice with a traffic lawyer, then please call us on (07) 5554 6622, or fill out our contact form.

A Recent Case in Southport Magistrates Court

Brooke Winter Solicitors have criminal law experts who can represent you in Southport Magistrates Court, in other Gold Coast courts, or elsewhere in Queensland.

One recent case has been covered by A Current Affair. We have worked with many clients on the Gold Coast and around Queensland on a wide range of criminal law matters.

If you need assistance with a criminal law matter, get in touch with Brooke Winter Solicitors Gold Coast. With an ex-police prosecutor on our side, we have the expertise to assist you.

We represent clients in the Southport Magistrates Court, and can travel to other courts around Queensland.

Contact us to arrange a free initial consultation. We’ll chat with you about your situation and your rights.

The Right to Remain Silent – And Other Rights in QLD

Are you being investigated by the Queensland Police? Did you know that you have rights?

You have the right to speak to a lawyer. It is a good idea to seek legal advice before you speak with police.

You have the right to remain silent during police investigations. So, before you speak to a lawyer, do not participate in any interview, make any comment, or answer any questions. Gain legal advice first, and follow it when you do speak with police.

To learn more about police investigations and your rights in Queensland, get in touch. Brooke Winter Solicitors offers a free initial consultation over the phone.
We can assist you to understand your rights and your options. Contact us to arrange a chat with one of our criminal lawyers.

Have you been caught driving without a licence in QLD?

Unlicensed driving in QLD can result in considerable penalties. There are different penalties depending on the offence. You might lose your licence for a month or longer.

Did you know that there are mandatory minimum disqualifications if you are caught driving without a licence? They are as follows:

Unlicensed Driving QLD:

• SPER Suspension – 1 month
• Demerit Point Suspension – 6 months
• Disqualified Driving – 2 years

If you’ve received unlicensed driving charges in QLD, call us on either (07) 5554 6622 or 0413 723 107. We’ll have a free initial phone consultation, taking you through the details of your situation. Then, if you choose, one of our traffic law experts can represent you in Court.

We’re able to represent you in any Queensland Court.

An alcohol interlock device tests your breath before you can start your car. You may need to have an alcohol interlock device fitted to your car in a range of situations.

Did you know that if you have been convicted of a drink driving offence over 0.150% OR driving under the influence of liquour OR Failing to supply specimen OR Dangerous driving whilst affected by alcohol OR if it is your second drink driving offence within 5 years, then you will have to have an alcohol interlock device fitted to your vehicle for 12 months AFTER your disqualification finishes. The cost of the interlock device is around $2,000.00.

If you want to learn more, contact us for a free initial consultation. We can chat with you about your circumstances.

Have you been charged with a driving offence in Queensland?

Then, it’s a really good idea to do the Gold Coast Traffic Offenders Program. The program runs in a location near the Nerang Train Station. The course goes for about an hour and a half each Tuesday night. To complete the full traffic offenders program, you can attend for five weeks.

The cost of the program is $150.00 for five weeks. You receive a certificate when you’ve completed the full course.

The team at Brooke Winter Solicitors highly recommends this program.

Contact us for more details, or to register for the course.