From 26 May 2025, Queensland has ushered in a new era of transparency and accountability in the justice system with the full commencement of the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024. Among a suite of significant reforms, one major change stands out for the media and the public: accredited media entities can now apply for access to transcripts of proceedings for domestic violence order (DVO) applications.

 

What does this mean?

 

Accredited media entities are now able to apply to the court for a transcript of a DVO application proceeding under Section 32, which inserts new sections 157D and 157E into the Domestic and Family Violence Protection Act 2012 (DFVP). This access is designed to promote open justice and enable more balanced, accurate reporting on domestic and family violence matters, while still protecting the privacy and safety of those involved.

 

Why this Matters?

 

This reform allows the public to better understand how domestic violence cases are handled, strengthening transparency and increasing trust in the legal system. It also boosts accountability, as media scrutiny can help ensure that the justice system is working as intended and highlight areas needing improvement. By allowing media access to transcript (with de-identification requirements), reporting on domestic violence cases can be more accurate and informative, helping to educate the community while respecting victim privacy.

 

Safeguards remain in place

 

Strict safeguards remain in place, and the court retains the discretion to approve or deny transcript requests from media. Any reporting must strictly adhere to de-identification rules to prevent the exposure of victims, witnesses, or children. These measures strike a balance between the public’s right to know and the safety and dignity of those  affected by domestic violence.

 

Broader Context

 

This change is part of a broader package of reforms. to come out of the Not now, not ever report, including the criminalisation of coercive control and the introduction of an affirmative consent model. These reforms respond to recommendations from the Women’s Safety and Justice Taskforce and are designed to modernise Queensland’s approach to domestic and family violence, sexual offences, and victim protection.

 

Being a party to a domestic violence application can have profound impact on a person’s life. At our firm, we understand the sensitive and serious nature of domestic violence orders and are committed to providing compassionate yet robust legal advocacy for our clients. Our experienced solicitors represent clients across New South Wales, Tasmania, the Gold Coast, North Queensland, and throughout Australia, ensuring they receive fair treatment and a thorough defence in court. If you are facing an application for a domestic violence order, contact our criminal defence team today for a confidential consultation. We are dedicated to protecting your rights and helping you navigate this challenging time with confidence.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

$1.7 Million Awarded Against Barrister and Law Firm for Improper Conduct

In a significant legal ruling, the Federal Circuit and Family Court of Australia recently awarded $1.7 million in costs personally against a barrister and a firm of solicitors. The case, Venter & Venter (No 2) [2024] FedCFamC1F 862, serves as a stark reminder of the serious consequences of improper and unreasonable conduct in legal proceedings.

The Case Background

The underlying dispute involved a complex property matter between a former husband and wife, along with various family members and related entities. However, the focus of this decision centred on the improper conduct of the wife’s legal representatives.

During the proceedings, the wife’s legal team failed to properly manage the disclosure of crucial documents. Just one week before trial, they provided a staggering 96,000 documents to the opposing party, a move described as a “document dump.” This last-minute disclosure caused significant disruption, delaying the trial and resulting in unnecessary costs.

Despite the magnitude of this late disclosure, the wife and her legal team failed to provide a reasonable explanation for the delay. Further, the wife had previously given an undertaking to the court that she had complied with her disclosure obligations—an undertaking that was ultimately found to be incorrect.

Court’s Findings on Legal Misconduct

The court found that:

• The wife’s legal team failed to provide a reasonable explanation for the late disclosure.
• The barrister engaged by the firm displayed a reckless indifference to truth and his professional obligations.
• The solicitors handling the matter demonstrated a lack of understanding of disclosure obligations and were uncooperative with opposing counsel’s reasonable requests for information.
• The firm and barrister misled the court and withheld relevant information, failing in their duty of candour.

The court further noted that had the legal team acted professionally and disclosed information properly, the issues could have been addressed earlier, preventing significant costs and delays. Their failure to do so resulted in considerable disruption to the orderly conduct of the trial.

Serious Consequences for Legal Practitioners

As a result of these findings, the court held that the conduct of the barrister and the law firm was improper and unreasonable, warranting an indemnity costs order. The $1.7 million costs were awarded, and they were also referred to the legal regulator for further investigation.

Key Takeaways for Legal Professionals

This case underscores the importance of:

• Adhering to Disclosure Obligations: Lawyers must ensure their clients comply with their duty to disclose relevant information in a timely manner.
• Professional Integrity: Misleading the court, whether through omission or direct misrepresentation, carries serious consequences.
• Cooperation and Transparency: Engaging professionally with opposing parties and the court can prevent unnecessary delays and cost implications.
• Ethical Responsibilities: Upholding high ethical standards is crucial to maintaining trust in the legal system and avoiding professional disciplinary action.

Protecting Your Rights with Experienced Legal Representation

Whether you are facing criminal charges or a complex legal dispute, we are committed to upholding the highest professional and ethical standards in every case we handle.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

A recent Supreme Court ruling has reinforced the need for fairness and accuracy in parole decisions, particularly for offenders in custody or imprisonment. The case involved Chris Silk, an offender who was sentenced to five years in prison for break and enter and robbery with personal violence. His parole application was unfairly denied based on incorrect information, leading to a successful legal challenge.

What is Parole?

Parole is a system that allows eligible prisoners to serve part of their sentence outside of jail, under strict supervision. It is not an automatic right but a privilege granted based on factors such as behaviour in prison, rehabilitation efforts, and the risk posed to the community. The parole board assesses whether a prisoner, in custody in Queensland, New South Wales, Tasmania, or anywhere else in Australia, has made sufficient progress in addressing the causes of their offending and whether they can be safely managed outside of prison.

Parole conditions may include regular meetings with a parole officer, participation in rehabilitation programs, restrictions on travel, and requirements to avoid certain people or places. If conditions are breached, parole can be revoked, and the person may be returned to jail.

Key Findings in the Case

Justice Bradley ruled that the Parole Board acted on “an inappropriate and somewhat arrogant assumption,” failing to acknowledge Mr Silk’s participation in drug rehabilitation programs. The board also ignored the fact that parole eligibility dates are legally binding, as set by the sentencing court.

Mr Silk faced two parole refusals in 2024. After the board failed to provide timely written reasons for its decision, he pursued a statutory order of review. When the board eventually released a statement of reasons, it contained factual errors, including claims that he had not completed rehabilitation programs—despite clear evidence to the contrary.

In its statement, the board wrongly asserted that Mr Silk remained an “untreated drug offender.” However, he had successfully completed all available substance abuse programs, developed a relapse prevention plan, and remained on an opiate substitution therapy (OST) program both before and during his time in custody.

Errors Made by the Parole Board

The Supreme Court found that the Parole Board relied on irrelevant and incorrect assumptions, including a flawed belief that the sentencing court was unaware of Mr Silk’s rehabilitation efforts. The board’s failure to properly consider his parole eligibility date violated legal requirements. Justice Bradley noted that similar errors had been made in previous parole cases, suggesting a pattern of flawed decision-making.

The Parole Board’s counsel attempted to argue that the incorrect statements in its reasoning should be disregarded. However, Justice Bradley dismissed this claim, emphasising that these errors were found throughout the board’s decision-making process. The ruling made it clear that the board had failed to consider Mr Silk’s case on its merits.

As a result, the court set aside the board’s decision and ordered a reconsideration of Mr Silk’s parole application within 28 days. The Parole Board was also required to cover his legal costs.

The Importance of Legal Representation in Parole Matters

This case highlights the critical role of legal representation in challenging unjust parole decisions. Many parole refusals are based on incorrect or incomplete information, and without proper legal guidance, prisoners—whether in jail on the Gold Coast, in Queensland, New South Wales, or Tasmania—may struggle to contest these decisions effectively. A successful appeal can mean the difference between prolonged incarceration and the opportunity for rehabilitation and reintegration into society.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

 

The City of Moreton Bay in Queensland has recently introduced a significant change in local law, making it a criminal offence for homeless individuals to camp or sleep on public land. Effective from March 12, 2025, this new regulation could have serious legal consequences for those accused of violating the law. If you or someone you know is facing charges under this law, understanding the penalties is crucial. Here’s a breakdown of the charges and consequences.

New Legal Consequences

Under the new law, any individual caught camping on public land will face legal penalties. These penalties may include:

• Fines: The most immediate consequence for an accused offender is a fine. Rangers have begun inspecting areas where homeless individuals are known to camp, including tents and vehicles. Those found in violation of the law will be issued fines.
• Arrest and Criminal Charges: Repeat offenders or those engaging in other illegal behaviours, such as aggression, drug use, or alcohol consumption in public, could face arrest. Criminal charges could follow, leading to more serious legal consequences.
• Court Appearance: Individuals accused of violating the new law may be required to appear in court. Failure to comply with the law could lead to additional legal actions, including further fines or even jail time, depending on the severity of the offence.
• Criminal Record: A conviction in court for violating this law could result in a criminal record. This can affect future housing opportunities, employment prospects, and other aspects of an individual’s life, making it even more challenging for those already facing homelessness.

Enforcement of the Law

Rangers have already begun inspecting public areas where homeless individuals are camping. The City of Moreton Bay has emphasised the importance of maintaining public safety, citing concerns about illegal behaviours like drug use, alcohol consumption, and aggression. While the goal is to keep public spaces safe, this enforcement could have serious implications for those with no other place to go.

The Impact on Public Safety

The council’s decision to criminalise homeless camping stems from a desire to address safety and cleanliness in public spaces. They have raised concerns over increasing litter and aggressive behaviour in areas where people have been camping. While these issues need to be addressed, the new law fails to provide adequate solutions for those who are homeless and may have nowhere else to go.

What You Should Know

If you or someone you know is accused of violating this new law, it is important to understand the potential consequences. Fines, arrest, and criminal charges could significantly impact your life. Legal counsel is essential to help navigate the complexities of this law and to ensure your rights are protected.

Although this law is specific to Queensland, it highlights a growing trend seen across Australia, including in New South Wales and Tasmania, where local governments have introduced similar measures to address homelessness. However, the consequences for violating these laws may vary across states, so understanding your local regulations is key.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Brooke Winter Solicitors Hobart has been recognised as the Best Criminal Lawyer in the Hobart City Council area for 2025 by Quality Business Awards, a testament to our unwavering commitment to legal excellence and client advocacy.

A Legacy of Legal Excellence

Founded by our principal solicitor Brooke Winter, the firm brings over 20 years of experience in criminal defence law across multiple jurisdictions. The firm’s extensive background includes representing clients in District and Supreme Courts across Tasmania. His dedication to justice and client-centered approach have solidified the firm’s reputation as a trusted legal partner in Hobart and beyond.

Comprehensive Legal Services

Brooke Winter Solicitors specializes in a broad spectrum of legal areas, including:

• Criminal Law: Handling cases such as assault, drug offenses, weapons offenses, sexual offenses, fraud, theft, and burglary.
• Traffic Law: Addressing issues like drink driving, drug driving, unlicensed or disqualified driving, dangerous driving, and assisting with restricted or work licenses.
• Domestic Violence: Providing defense in domestic violence cases and assisting with peace and good behaviour order applications.

Statewide Representation

While based in Hobart’s CBD at Level 6, 111 Macquarie Street, the firm’s reach extends across Tasmania. Their lawyers are prepared to travel to courts in Hobart, Launceston, Devonport, and Burnie, ensuring comprehensive legal support throughout the state.

Recognition and Reputation

The accolade from Quality Business Awards underscores the firm’s dedication to legal excellence. With a 5-star Google rating and numerous positive client testimonials, Brooke Winter Solicitors has established itself as a leading criminal defense firm in Tasmania.

Access the award page here:

https://qualitybusinessawards.com.au/2025/the-best-Criminal-Lawyer-in-Hobart-City-Council/Brooke-Winter-Solicitors-Hobart

AI-generated child abuse material has become a growing concern in the legal landscape, presenting new challenges for law enforcement and individuals accused of these offences. Although the content does not involve real children, it is still illegal in Australia to create, possess, or distribute material depicting child abuse, whether real or AI-generated. Offenders accused of involvement in such crimes face serious legal consequences, and understanding the charges is essential for anyone facing these allegations.

Recent Global Crackdown on AI-Generated Abuse Material

A recent news report sheds light on the severity of these crimes. Two Australian men—one from Cairns, Queensland, and one from Toukley, New South Wales—were charged as part of a global investigation into AI-generated child abuse material. The investigation, spanning 19 countries, began in Denmark after authorities uncovered a subscription service that produced and sold such material. The Australian Federal Police (AFP) became involved after Danish authorities identified 273 global subscribers, leading to arrests worldwide. Despite the material not involving real children, the AFP emphasized that the exploitation of children remains at the heart of these networks, and AI-generated content is still subject to Australian law.

The Legal Charges Related to AI-Generated Child Abuse Material

In Australia, it is a criminal offence to create, possess, or distribute material that depicts the abuse of someone under 18, even if the material is AI-generated. The charges individuals can face include:

• Possession of Child Abuse Material: This charge applies to anyone found in possession of material depicting child abuse, whether created by AI or involving real children.
• Distribution of Child Abuse Material: This charge applies to individuals who distribute or share such material, including AI-generated content.
• Creation of Child Abuse Material: Individuals involved in creating AI-generated abuse material may also face criminal charges.

Possible Penalties and Consequences

The consequences for offences related to child abuse material are severe:

• Imprisonment: Those convicted of possessing, distributing, or creating AI-generated child abuse material face a mandatory period of imprisonment in Queensland unless there are exceptional circumstances.
• Fines: In addition to imprisonment, substantial fines may be imposed on individuals convicted of these crimes.
• Criminal Record: A conviction for these offences will result in a permanent criminal record, which can severely affect an individual’s personal and professional life.
• Sex Offender Registration: Depending on the nature of the offence, individuals may be required to register as sex offenders.

Why Legal Representation is Essential

If you are facing charges related to AI-generated child abuse material in New South Wales, Queensland, Tasmania, or elsewhere in Australia, it is critical to seek experienced criminal lawyers. Criminal defence lawyers can help you understand the charges, the evidence, and potential defences. They can also challenge the authenticity of the material and how it was obtained by law enforcement. A skilled lawyer will work to minimise the legal consequences you may face, including imprisonment, fines, and a permanent criminal record.

Conclusion

AI-generated child abuse material poses serious legal risks despite not involving real children. Those accused of these offences must take them seriously, as the penalties are severe. Seeking expert legal representation is essential to protect your rights and secure the best possible outcome in your case.

Our team at Brooke Winter Solicitors specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

When extreme religious beliefs result in harm or death, the legal consequences for the parents or guardians involved can be severe. Criminal charges such as child abuse, neglect, and manslaughter may be brought against those who refuse medical care or engage in harmful practices due to their religious convictions. For criminal defence firms, understanding these legal charges and the implications for offenders is crucial in formulating effective defence strategies for clients involved in such cases all cross Australia including across New South Wales, Queensland and Tasmania.

1. Child Neglect and Abuse Charges

One of the most common charges in cases where religious beliefs lead to harm is child neglect. Parents or guardians who withhold medical care from a child due to religious beliefs can face significant legal consequences. If a child suffers from a life-threatening condition, such as diabetes, and medical care is denied, neglect charges can be brought. In many cases, this leads to the child becoming seriously ill or even dying.

In the case of Elizabeth Struhs, her parents’ refusal to provide medical treatment for her Type 1 diabetes resulted in her near-death experience in 2019, followed by her eventual death in 2022. They were charged with child neglect and later, manslaughter, after it became clear that their failure to seek medical intervention led to her condition worsening. Legal consequences for parents accused of child neglect can include lengthy prison sentences, especially if the neglect results in injury or death. In Queensland, such cases are taken seriously by the courts, and offenders can face severe penalties.

2. Manslaughter and Murder Charges

When neglect results in death, charges can escalate to manslaughter or murder. In the Struhs case, Elizabeth’s death from diabetic ketoacidosis in 2022 was a result of her parents stopping her insulin treatment, influenced by their religious sect’s practices. Manslaughter charges are common when a parent’s reckless or negligent actions lead to another’s death, and murder charges may be applied if there is evidence of intent or gross recklessness.

• Manslaughter: Charges apply when a person unintentionally causes the death of another through reckless actions. If a parent withholds medication or fails to act in a life-threatening situation, they may face manslaughter charges.
• Murder: In more extreme cases, if it is shown that the actions were deliberate or grossly reckless, murder charges can be brought. This is more likely when the defendant’s conduct goes beyond negligence and is shown to be intentionally harmful.

These charges carry severe consequences in the courts, and offenders can face long sentences. Legal representation is crucial for parents accused of these serious crimes to mount a defence against these charges.

3. Reckless Endangerment

In some situations, individuals may face charges of reckless endangerment if their actions place someone in serious risk of harm, even if no harm occurs immediately. For example, when parents refuse to provide their child with necessary medical treatment, they may face this charge for putting the child in imminent danger.

In cases involving religious beliefs, a parent’s actions may be seen as endangering the child’s life through refusal to provide medical care, resulting in reckless endangerment charges in courts across Australia including those in New South Wales, Queensland, and Tasmania.

4. Coercion and Manipulation in Religious Sects

Religious leaders who encourage followers to engage in harmful practices can be charged with coercion or manipulation. If a leader pressures followers to withhold medical care or engage in dangerous rituals, they may be held legally responsible. In the Struhs case, the religious leader, Brendan Stevens, was accused of manipulating the parents into refusing medical treatment for their daughter. Legal consequences for leaders may include charges of coercion, conspiracy, or manslaughter, depending on their involvement in the harm.

Consequences

The legal consequences for those found guilty of these charges are severe, as they can result in lengthy prison sentences and long-term social and financial ramifications. Below are some key legal consequences parents and religious leaders may face:

• Child Neglect: Penalties for child neglect can range from several years to 20 years in prison, depending on the seriousness of the neglect and the harm caused.
• Manslaughter: If convicted of manslaughter, the offender can face up to 25 years in prison, depending on the degree of recklessness involved in the death.
• Murder: Conviction for murder can lead to a life sentence in prison, with offenders serving a minimum term before becoming eligible for parole.
• Reckless Endangerment: This charge can result in penalties ranging from a few years to 10 years in prison, depending on how severe the risk to the child’s life was.
• Coercion: Religious leaders who are found guilty of coercion may face prison terms of 5 to 10 years, depending on their role in encouraging harmful actions.

The severity of these penalties reflects the seriousness with which Australian courts, including those in New South Wales, Queensland, and Tasmania, view cases involving religious extremism and the neglect or harm of children. In addition to prison sentences, those convicted of such crimes may face long-term reputational damage, which can affect their personal and professional lives for years to come.

Our team at Brooke Winter Solicitors specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Drug-influenced driving is a serious criminal offence that can have significant legal consequences for the accused driver, other road users, and public safety. A recent case involving former Home and Away star Felix Dean illustrates the potential charges and penalties that can arise when a driver is caught under the influence of illicit substances.

When an individual operates a vehicle under the influence of illicit substances, their ability to drive safely is severely impaired, leading to dangerous driving behaviour. The legal penalties for drug-influenced driving can include hefty fines, licence disqualification, probation order, car impoundment and more often than people understand- imprisonment. This article discusses the legal consequences of drug-influenced driving in Australia, focusing on how charges are handled, and why it’s crucial for an accused individual to seek legal representation.

What is Drug-Influenced Driving?

Drug-influenced driving refers to the act of operating a vehicle while under the influence of drugs, including methamphetamine, cannabis, ecstasy, and certain prescription medications. These substances can impair cognitive functions such as decision-making, reaction time, and motor skills, leading to dangerous driving behaviours like swerving, erratic braking, or delayed responses.

The Legal Consequences of Drug-Influenced Driving

1. Fines: One of the most common penalties for drug-influenced driving is a fine. In all Australian states, including Queensland, New South Wales, and Tasmania, drivers found to have illicit substances in their system can face substantial fines. The amount depends on the type of drug found and whether the accused has a prior record of offences.
2. Licence Disqualification: A key consequence for those convicted of drug-influenced driving is the disqualification of their driver’s licence. Typically, an offender is disqualified for at least six months, though the court may decide to shorten or extend this period based on the circumstances. In some cases, a driver may face an indefinite disqualification, depending on the severity of the offence and whether it was a repeat incident. In Queensland and New South Wales, courts tend to impose harsher penalties for repeat offenders, whereas Tasmania may offer more lenient options for first-time offenders.
3. Criminal Record: If convicted, can offender will have a criminal record. This can have lasting consequences, affecting future employment, travel, and personal opportunities. A criminal record may limit access to certain jobs, especially those involving driving or working with vulnerable people, and it could impact future legal proceedings. The accused should be aware that a conviction for drug-influenced driving can follow them for years.
4. Imprisonment: Imprisonment is a real possibility. A first offence for drug-influenced driving may not result in prison time, but repeat offenders or individuals involved in accidents while impaired could face jail sentences. In Queensland and New South Wales, the courts have been known to impose prison sentences on repeat offenders or those found guilty of causing harm to others.
5. Insurance and Liability Issues: A conviction for drug-influenced driving can complicate insurance matters. The offender may find it difficult to obtain car insurance or could face much higher premiums. If an accident occurs while the accused driver is under the influence, they could be held personally liable for damages. In addition, the court may rule that the offender is at fault, leading to civil claims from the victims of the accident.
6. Civil Claims: In the unfortunate event that the accused driver causes an accident while under the influence, they may be subject to civil lawsuits from the other parties involved. Victims may sue for damages, including medical expenses, lost wages, and compensation for emotional distress. In such cases, the financial implications of drug-influenced driving can be devastating.

Why Legal Representation is Essential

If you are the accused in a drug-influenced driving case, it’s essential to seek professional legal representation. A criminal defence lawyer can help you navigate the legal process and may be able to challenge the evidence against you, including the accuracy of drug tests. In some cases, they may argue for leniency based on mitigating factors, such as addiction or a first offence. A lawyer can also advocate for reduced penalties or explore alternative sentences, like community service or rehabilitation programs, depending on your state or territory.

Conclusion: The Importance of Responsible Driving

Driving under the influence of drugs is a serious criminal offence in Australia, with penalties that can include fines, licence disqualification, criminal charges, and possible imprisonment. The charges for drug-influenced driving are not limited to the legal consequences—they also pose significant risks to public safety. An offender’s ability to drive safely is impaired, endangering not only their own life but the lives of others on the road.

If you are facing drug-influenced driving charges, don’t face it alone. Contact a criminal defence lawyer who can help you navigate the charges, assess your options, and work towards the best possible outcome. Whether you are in Queensland, New South Wales, Tasmania, or elsewhere, a legal expert can provide invaluable support to ensure your rights are protected and to help mitigate the consequences of this serious offence.

Our team at Brooke Winter Solicitors specialise in traffic law- including drug-influenced driving. Our role is to sit down with you and work out the strategy that will get you the best possible result in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

For individuals facing criminal charges, securing bail can be a complex process—especially when rehabilitation is a key factor in the court’s decision. In recent cases, including that of Omar Mahfouz, the courts have considered rehabilitation as an alternative to imprisonment or pre-trial detention. However, the closure of facilities like Connect Global highlights the importance of choosing an accredited and reputable rehab centre when presenting a bail application.

The Role of Rehabilitation in Bail Applications

When applying for bail, demonstrating a commitment to rehabilitation can significantly strengthen a case. Courts often weigh public safety concerns against an accused’s willingness to seek treatment. In cases involving substance-related offences, entering a structured rehabilitation program can be a compelling argument for conditional release.

Key factors courts consider include:

• The seriousness of the charges – More severe offences may require stricter bail conditions.
• Past criminal history – A clean or minimal record may support a bail application.
• The proposed rehab facility – The court will assess its credibility and suitability.
• Risk of reoffending – Structured programs with strict supervision can mitigate this concern.
• Community ties and support – A stable home environment can influence the court’s decision.

In addition, courts may also consider whether the individual has previously attempted rehabilitation and whether it has been successful. A history of repeated violations or failures in treatment programs may weaken a bail application. In states such as Queensland, New South Wales, and Tasmania, the legal system takes a strict approach when assessing rehabilitation as a factor in bail applications, particularly for offenders with serious charges.

What Was Connect Global?

Connect Global was a rehabilitation facility located at Swan Bay, near Port Stephens, New South Wales. It operated a community outreach program for men, focusing on rehabilitation from addiction and related issues. The centre had been in operation for about 10 years, using 29 on-site cabins for rehabilitation and 10 cabins for tourism purposes. It was known for housing high-profile residents, such as former TV presenter Andrew O’Keefe, and received a grant through the Stronger Community Grants Program in 2021.

Why Did Connect Global Close?

Connect Global closed following a series of controversies and operational challenges:

• Bail Breaches and Police Concerns: There were significant concerns about the centre’s operation, particularly regarding clients who were facing serious charges. Within a 12-month period, 15 clients were charged over bail breaches and five had absconded. The facility was also subject to two police raids in a year, including one by the bikie squad.
• High-Profile Incidents: The centre made headlines after an alleged drug importer absconded from the facility using forged Supreme Court documents. This and other incidents led to increased scrutiny from authorities and the public.

Choosing the Right Rehabilitation Centre

The controversy surrounding Connect Global, which housed high-profile individuals and faced scrutiny over security failures, underscores the importance of selecting a legitimate rehab centre. A court-approved facility with a strong track record will lend credibility to a bail application. The rehab centre should have licensed professionals, structured programs, and a history of effectively supporting recovery.

Factors to consider when selecting a rehab facility include:

• Accreditation and licensing
• Staff qualifications and expertise
• Program structure and success rates
• Security measures and supervision levels

Strict Bail Conditions and Compliance

Even when bail is granted for rehab, strict conditions may apply, such as:

• Electronic monitoring (ankle bracelet tracking)
• House arrest or restricted movement
• Drug and alcohol testing
• Supervised communication and approved visitors
• Restrictions on electronic devices

In the case of Mr. Mahfouz, the court imposed several conditions to mitigate risks, including pre-approved visitors and electronic monitoring. This demonstrates how defence strategies can include strict supervision to reassure the court that the individual will comply with the law. In many cases, an offender in custody must present a strong rehabilitation plan to the court before being granted conditional release.

How a Criminal Defence Lawyer Can Help

A strong bail application requires legal expertise. An experienced criminal defence lawyer can:

• Gather evidence to support rehabilitation as a viable option.
• Identify and recommend court-approved rehabilitation centres.
• Negotiate bail conditions that balance legal obligations with recovery needs.
• Challenge unjust denials and advocate for fair treatment.

It is crucial to understand that securing bail for rehabilitation is not a guarantee of freedom. The court will carefully assess whether the individual poses a risk to the community or is likely to reoffend. If you or a loved one is facing criminal charges and seeking bail for rehabilitation, legal representation is crucial. Contact our firm today to discuss your options and build a strong case for your release.

Our team at Brooke Winter Solicitors are extremely experienced in bringing Application’s for Bail in the Local, Magistrate and Supreme Court jurisdictions. Our role is to sit down with you and work out the strategy that will get you the best possible result in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.