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"No consideration": Tough new penalties introduced for "thoughtless" drivers

One Australian state is set to introduce a new law to enforce harsher penalties on "thoughtless" drivers who endanger the lives of children. South Australian independent Frank Pangallo has proposed legislation that would see prison terms of up to three years and fines of up to $5,000 for drivers found guilty of aggravated driving offences while children under 16 are present. “Like most people in the community, I am deeply alarmed at the number of thoughtless people who have no qualms about getting behind the wheel of a car and drive like a moron while there are kids in the car,” Mr Pangallo <a href="https://www.adelaidenow.com.au/news/south-australia/independent-mlc-frank-pangallo-to-introduce-bill-would-impose-tougher-penalties-on-drivers-caught-speeding-drink-driving-with-children-in-the-car/news-story/343d31f4cb6c249a644ac2d45748daef" target="_blank" rel="nofollow noopener" data-tgev="event119" data-tgev-container="bodylink" data-tgev-order="343d31f4cb6c249a644ac2d45748daef" data-tgev-label="news" data-tgev-metric="ev">told </a><a href="https://www.adelaidenow.com.au/news/south-australia/independent-mlc-frank-pangallo-to-introduce-bill-would-impose-tougher-penalties-on-drivers-caught-speeding-drink-driving-with-children-in-the-car/news-story/343d31f4cb6c249a644ac2d45748daef" target="_blank" rel="nofollow noopener" data-tgev="event119" data-tgev-container="bodylink" data-tgev-order="343d31f4cb6c249a644ac2d45748daef" data-tgev-label="news" data-tgev-metric="ev">the Advertiser</a>. “Not only are they putting their own lives at risk, but far more critically, the lives of innocent children in the vehicle." “I have spoken to a number of senior police who are astounded by the stupidity of these drivers who have absolutely no consideration for the dangers they are placing those children in.” Pangallo was prompted to urge the reforms after the state saw two horror crashes over the past weeks that have involved children. In one accident, an eight-year-old child was pulled from the wreckage of a vehicle and was lucky to survive, with the 40-year-old driver allegedly returning a positive breath test. “I would describe that driver as being an irresponsible moron,” Mr Pangallo said of the crash. “I hope they throw the book at that driver.” In another recent incident, a woman - who was pulled over for using her mobile phone while driving - allegedly blew six times the legal blood alcohol limit with two children under 16 years old in her car. South Australian Premier Peter Malinauskas offered his support for tougher laws in a press conference, saying, “I think it is perfectly reasonable for the law to discriminate between offenders who have children in the car or not. I think that’s a reasonable principle.” Image credits: A Current Affair

Legal

Lawyer warns drivers over little-known road rule with $2200 penalty

While some say it's just "the Aussie way", one lawyer has warned against this common act that could cost you up to $2200. Speaking to 7NEWS Astor Legal principal lawyer Avinash Singh, said that there has been a spike in motorists caught flashing their high beams on the road, to alert other drivers of police. “I’ve received an increased number of inquiries from people who have been caught flashing their high beams, warning oncoming drivers of police,” he said. “Most of my clients have been caught doing this by a mobile speed camera or an RBT, which they don’t realise can catch them out on this offence.” Drivers caught in the act could get an on-the-spot fine of $112 and one demerit point, and a maximum penalty of $2200. According to the Australian Road Rules, it is considered an unlawful use of headlights on high-beam. “It is an offence to drive on a road with high-beam headlights on if there is another vehicle in front, travelling in the same direction within 200m; or if there is another oncoming vehicle within 200m,” Singh said. “Similarly, road rules state that a driver must not use any light fitted to their vehicle to dazzle, or in a way that is likely to dazzle, another road user.” “It is arguable that flashing your headlights to warn of police would fall into the definition of ‘hindering police’ in the execution of their duty “ Motorists on Reddit have described headlight flashing as representing “a camaraderie between motorists” and one even called it “the Aussie way”. But others have argued that the act could impact the safety of other drivers. “Traffic laws are meant to act as a deterrent for dangerous driving, flashing a fellow motorist has the same effect the ticket is meant to but with more immediate results. It should be widely encouraged,” one commenter wrote. “I feel it only changes the driver’s behaviour for a few seconds, but removes the deterrent of getting a fine. So it probably makes traffic, in general, more dangerous,” another said. Image: Shutterstock

Legal

Magpie murderer slapped with massive penalty

A Victorian man has copped a $2,349 penalty after inflicting “callous” acts on magpies. His sentence comes after an investigation by Victorian authorities who were tipped off that birds were being shot at a property in the state’s Sunraysia region. After inspecting the property in 2021, investigators discovered four dead magpies as well as two so severely injured they had to be euthanised. The 57-year-old was placed on a good behaviour bond after appearing at the Mildura Magistrates Court. He admitted to 10 offences of wounding and inflicting aggravated cruelty on the native birds. While Victoria does allow wildlife to be killed by property owners, they must apply for a permit before they start shooting. After the sentence was handed down, the state’s Conservation Regulator Glen Smith warned offenders would be prosecuted. “Magpies are an iconic native bird and they are protected in Victoria. There is no excuse for unlawfully killing or injuring them," he said. “The Conservation Regulator takes wildlife crime extremely seriously and this court result should act as a warning that we will pursue penalties for offenders.” These “callous” acts on the native birds come soon after another Australian man was found guilty of <a href="https://www.oversixty.com.au/finance/legal/man-who-killed-350-kookaburras-ordered-to-pay-fine" target="_blank" rel="noopener">shooting and killing</a> a staggering 350 kookaburras. Anyone with information about wildlife crime can report it anonymously to Crime Stoppers on 1800 333 000. Image credit: Shutterstock

Legal

New road rule that will carry a whopping $555 fine

A new road rule has been introduced in Victoria where learner and provisional drivers will have to pull over and park to change a song. The new driver distraction rule is designed to cut road trauma. From March 31, all drivers, including those holding a full licence, will be banned from touching portable devices such as phones, tablets and laptops if they are unmounted, even if they are turned off. Drivers are able to handle devices if they are parked. Drivers will also be prohibited from having portable devices on their laps or any part of their body unless they are in a pocket or pouch, which includes passing them to someone else or looking at a device held by another person. Mounted, wearable and in-built devices may not be scrolled on, display text messages or social media, emails or photos by drivers. Playing videos or games, taking video calls and texting numbers or symbols are all prohibited under the new rule. Learner and provisional drivers will essentially be banned from using any device entirely while driving. They will, however, be allowed to use devices to play audio or navigation as long as they are mounted and set up before they hit the road. The rule insists they must pull over and park to change a song, enter a different address or adjust climate settings and audio functions. Learner and provisional drivers are prohibited from using voice controls. Fully licensed drivers are permitted to briefly touch mounted and in-built devices to initiate, accept or decline calls, adjust the radio or use a function designed to help them drive. They are also allowed to use navigation functions and other functions put in place to monitor a driver’s behaviour or condition or to carry out a professional driving task. Paying with a portable device at a drive-through is allowed, as is connecting a device to the vehicle’s Bluetooth before driving. There will be new AI-enabled camera systems operating on Victoria’s roads over the next few months to catch distracted drivers. The cameras are able to capture high-resolution images of passing vehicles in all conditions and detect phones and seatbelts. Motorists caught driving distracted will receive penalties of four demerit points and a $555 fine. Melissa Horne, Roads and Safety Minister, announced the upcoming changes, saying, “Distraction is deadly - which is why we’re introducing these new road rules to protect the lives of Victorians,” “Everyone has a role to play in keeping our roads safe, so, when you’re driving, please make the right choices - pay attention and don’t be distracted.” The driver distraction rules will bring Victoria into line with the Australian Road Rules, with distraction playing a part in at least 11 per cent of fatalities, according to the government. One in three drivers admit to using their phone while driving. The new rules will also apply to wearable devices such as smartwatches. Image credit: Getty

Legal

Female artists earn less than men. Coming from a diverse cultural background incurs even more of a penalty – but there is good news, too

Artists all over the world, regardless of their gender, earn <a href="https://www.sciencedirect.com/handbook/handbook-of-the-economics-of-art-and-culture">considerably less</a> than professionals in occupations requiring similar levels of education and qualifications. But there’s an additional income penalty for artists who are female. In an analysis of gender differences in the incomes of professional artists in Australia that <a href="https://australiacouncil.gov.au/advocacy-and-research/the-gender-pay-gap-among-australian-artists/">we undertook in 2020</a>, we found the creative incomes of women were 30% less than those of men. This is true even after allowing for differences in such things as hours worked, education and training, time spent in childcare and so on. This income penalty on women artists was greater than the gender pay gap of 16% experienced in the overall Australian workforce at the time. <a href="https://theconversation.com/screen-australia-celebrates-its-work-in-gender-equality-but-things-are-far-from-equal-122266">Some sectors</a> of the arts have tried to redress this problem. However, women continue to suffer serious and unexplained gender-based discrimination in the artistic workplace. Cultural differences are <a href="https://www.nber.org/papers/w27725">also known</a> to influence pay gaps in many countries. In new research <a href="https://australiacouncil.gov.au/advocacy-and-research/culture-and-the-gender-pay-gap-for-australian-artists">out today</a>, we considered whether cultural factors might also affect the gender pay gap of artists in Australia. In addition, we analysed the gender pay gap for remote Indigenous artists for the first time. <h2>A larger gap for women from a non-English speaking background</h2> In our <a href="https://australiacouncil.gov.au/advocacy-and-research/making-art-work/">2016 survey of 826 professional artists</a> working in metropolitan, regional and rural Australia, we asked participants if they came from a non-English speaking background. Only a relatively small proportion of artists – 10% – came from a non-English-speaking background, compared to 18% for the Australian labour force as a whole. A non-English-speaking background appears to carry an income penalty only for women artists, not for men. We found the annual creative earnings of female artists from a non-English-speaking background are about 71% of the creative incomes of female artists whose first language is English. But there is little difference between the corresponding incomes of male artists. Within the group of artists from language backgrounds other than English, the annual creative earnings of female artists are about half (53%) those of their male counterparts. By contrast, the ratio of female to male creative earnings among English-speaking background artists is 73%. These results suggest that women artists from a non-English-speaking background suffer a triple earnings penalty – from being an artist (and hence as a group earning less than comparable professionals), from their gender, and from their cultural background. Despite this earnings disadvantage, 63% of artists who identified as having a first language other than English thought their background had a positive impact on their artistic practice. Only 16% thought it had a negative impact. When artists were asked whether being from a non-English speaking background was a restricting factor in their professional artistic development, 17% of women answered “yes”, compared to only 5% of men from a similar background. Nevertheless, like their male colleagues, these women artists continue to celebrate their cultural background in their art. They contribute to the increasingly multicultural content of the arts in Australia, holding up a mirror to trends in Australian society at large. <h2>No gender gap in remote Indigenous communities</h2> For First Nations artists working in remote communities, a different picture emerges. For this research, we used results for remote communities in three regions of northern Australia drawn from our <a href="https://apo.org.au/node/257301">National Survey of Remote Aboriginal and Torres Strait Islander Artists</a>. The gender gap is not replicated among remotely practising First Nations artists. There are some minor variations in this finding for subgroups in different regions, depending in part on differences in the mix of visual and performing artists in the population. But whatever other differentials may exist between female and male earnings, they do not appear to be attributable to the sorts of systemic gender-based discrimination that affects the residual gender gap for other Australian artists. A possible reason relates to fundamental differences between the cultural norms, values and inherited traditions that apply in remote and very remote First Nations communities. Gender roles in Aboriginal and Torres Strait Islander communities have been <a href="https://anthrosource.onlinelibrary.wiley.com/doi/10.1525/can.1992.7.2.02a00020">described</a> by researchers as distinctively different, rather than superior or inferior. The importance of both women and men as bearers of culture has been clearly articulated. The unique cultural content of Aboriginal and Torres Strait Islander music, dance, visual art and literature is an essential feature of the work of these artists. These characteristics pass through to the marketplace, and there does not appear to be any obvious gender gap in the way the art from these remote communities is received. There is always differentiation between the art produced in different remote regions of Australia which varies depending on the complexities of different inherited cultural traditions. But there is no indication of any gender-based discrimination associated with these regional differences. Image credits: Getty Images This article originally appeared on <a href="https://theconversation.com/female-artists-earn-less-than-men-coming-from-a-diverse-cultural-background-incurs-even-more-of-a-penalty-but-there-is-good-news-too-195646" target="_blank" rel="noopener">The Conversation</a>.

Art

Scott Cam reveals what he really thinks of cheating penalty

The latest cheating scandal has rocked The Block, and for the first time ever - Scott Cam has handed down a major punishment for the cheating contestants. Scott Cam punished Tanya and Vito and Josh and Luke who had a photo of the production schedule in their possession, by deducting two points from last week’s scores from judges. "We deducted those points, I mean I thought that punishment wasn't harsh enough," Cam told 9Entertainment. "But we couldn't make it so those people had no chance of winning The Block, because that would make the whole thing void, if it was just between three teams." <img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7843632/scott-cam-tanya-fitzy-wippa-1.jpg" alt="" data-udi="umb://media/2bb51176059444159afaeb70aeea13d4" /> The TV host said he wanted to make the game even again. "If we gave them a too-harsh punishment, that would hamstring them too much, so we needed to start again and make the game fair, so we could actually have a series and have a show," he explained. While talking to contestants, he told them he was asked if he would give a penalty to the two teams for cheating. "I thought long and hard about this and I've come to a decision. I will be deducting two points from each of your scores tonight, effectively ruling you out of this week's room," he said. "This will also give the others a head start on the Domain leader board to choose the auction order at the end of the series." Josh and Luke were prepared for whatever punishment was handed to them, but neither the brothers, nor Tanya and Vito were on track to win half basement week. "I think that the auction order is really important, so deducting those points, it made it almost impossible for them to win the Domain Super Power," Scott explained. "I think that was pretty fair, that's going to hamstring them at the end of the series." Not everyone agreed that the points were fair. "Yeah look, I think the penalty for stealing the photo and cheating is appropriate," Mitch said. However, Ronnie said: "I think it's flat-out bulls---, two points is not enough. All their points should have been stripped and all money should have been given back." Kirsty and Jesse were the only team looking at the end game with the penalty. "Two points doesn't sound like a lot," Kirsty said. "But when it comes to the end of this competition and you've got the Domain Leaderboard, you know, when you look at last year's results and how close most couples come within each other. “I think those two points, they're gonna be all the difference." Kirsty and Jesse ended up taking the win.

Five maskless men give insane response to police questioning

<div class="post-body-container"> <div class="post_body"> <div class="body_text redactor-styles redactor-in"> Five men who had tested positive for COVID-19 in country NSW but then allegedly breached their self isolation orders after they’d been escorted back to south-west Sydney, have been fined $5000 each. The five men were sitting at a footpath table on Monday morning when police went up to them, asking they why they were not wearing masks. The officers spoke to the men, who revealed they had tested positive to COVID-19 in rural NSW and had been ordered to self-isolate for 14 days after being escorted back to Sydney on August 23. Following the police inquiries, all five men – aged 23, 25, 26, 31 and 32 – were issued $5000 Penalty Infringement Notices for not complying with the public health orders. Escorted back to their premises for self-isolation. The men were escorted back to their premises to continue their mandatory isolation. This comes after Premier Gladys Berejiklian has warned that October will be the “worst time” for the state’s intensive care units and health system. NSW reported another record number of new COVID cases on Monday, with four deaths, 1,290 local infections, and western Sydney remaining the main area of transmission. “We anticipate that the worst month, the worst time for our intensive care units will be in October," said Berejiklian. "The number of cases we have in intensive care will depend on our vaccination rate and also on the number of cases, and we all have a hand in determining what that looks like. “Vaccination is the key in terms of our freedom and reducing the spread of the virus,” she added.. Image: Getty Images </div> </div> </div>

Legal

New penalties for animal abusers

<div class="post_body_wrapper"> <div class="post-body-container"> <div class="post_body"> <div class="body_text redactor-styles redactor-in"> NSW has become the first state in Australia to automatically ban anyone convicted of serious animal abuse to ever own or work with animals ever again. The government bill introduced tougher penalties for animal cruelty and bestiality after two years of intense work by Animal Justice Part MP Emma Hurst. "We have witnessed some chilling cases over the past two years where animal abusers have been allowed to continue to breed animals, work alongside animals and even buy animals after their convictions," she said in a statement. <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CP7sKWNJQR7/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="13"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/CP7sKWNJQR7/?utm_source=ig_embed&utm_campaign=loading" target="_blank">A post shared by Emma Hurst (@emma.hurst)</a> </div> </blockquote> "There have been far too many cases where the punishments simply do not match the crimes. "Animal cruelty is hard to think and talk about- but it is happening." The NSW legislation is unique in which the ban is for a lifetime and automatically imposed upon conviction and Hurst hopes other states will follow suit. </div> </div> </div> </div>

Legal

Furious dad slams childcare's "pathetic" penalty after son left in hot bus

A Perth childcare centre has been penalised for inadequate supervision after a four-year-old boy was found locked inside a mini-bus. Mulberry Tree Childcare Centre in Mt Hawthorn has been hit with a $15,000 fine after the incident in October last year. Tom Shipp was picked up from his nearby kindergarten, but when he arrived at the Loftus Recreation Centre, the little boy was left on the bus. The worker did not do a headcount or check the bus was empty before locking the door. The child was left alone on the bus for 11 minutes on a 31C day, with the vehicle parked in direct sunlight. When Tom was found, he was crying and unsettled. Staff went to look for him after his father arrived at the centre asking where he was. Mulberry Tree Childcare has since implemented new bus run procedures with more checks and balances. But Tom's father Anthony Shipp is not satisfied with the $15,000 fine, telling The West Australian his son could have died. “Purely by chance, I went to the centre at 3.30pm. We normally pick him up at 5pm,” he said. “I think it’s just a minor slap on the wrist for an organisation as big as Mulberry Tree - it’s nothing to a company that size. “It’s pathetic.” Shipp said the fine was not a big enough deterrent and he was shocked at how many incidents such as this have occurred at other daycare centres around the country. “Personally, I no longer trust any centre to transport kids in buses. “Clearly these fines have very little impact on this happening again and again.” The WA Regulatory Authority released a statement saying it was important for service providers to review their transportation policies, risk assessments and practices. “Being approved to operate an education and care service in WA carries significant responsibilities and obligations to ensure the safety and wellbeing of children,” <a rel="noopener" href="https://dlgc.communities.wa.gov.au/LegislationCompliance/Lists/Enforcement%20Actions%20ECRU/DispForm.aspx?ID=242&Source=https%3A%2F%2Fdlgc%2Ecommunities%2Ewa%2Egov%2Eau%2FLegislationCompliance%2FPages%2FECRU%2DEnforcement%2DActions%2Easpx&ContentTypeId=0x01001680BDFDBEEA1C4ABE0B192F984CBB9E" target="_blank">the department said</a> in a statement. “It is important that service providers review their transportation policies, procedures, risk assessments and practices to ensure they are adequate, and that staff - including casual and relief staff- are frequently trained in following these policies and procedures. “The transportation practices put in place must be robust to protect against human error and to ensure thorough vehicle checks are undertaken every time.”

Legal

The travel bubble loophole that could land you in jail

Travellers who are considering using the newly-opened travel bubble to New Zealand to head to other countries risk receiving massive fines and even jail time. With quarantine-free flights now available between New Zealand and Australia, news of a ‘loophole’ appeared that could enable Australian travellers to enter other international destinations. Current COVID restrictions mean that Australians have been banned from leaving the country unless they have an exemption. But, since Aussies can now travel to New Zealand, our kiwi neighbour could act as a stepping stone to other foreign countries. <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CN1YbWXDwFT/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="13"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/CN1YbWXDwFT/?utm_source=ig_embed&utm_campaign=loading" target="_blank">A post shared by New Zealand (@purenewzealand)</a> </div> </blockquote> To prevent unnecessary travel, Health Minister Greg Hunt signed off on a new amendment to the Australian Government’s <a rel="noopener" href="https://www.legislation.gov.au/Details/F2021L00456?fbclid=IwAR1laL3vGPRQAr_JErYR1Uf59sHszZ15SjuCjd0YIN-HCyoR628MXhSOhyk" target="_blank">Biosecurity Legislation (Human Coronavirus with Pandemic Potential)</a>, which comes into effect on Monday. The change will see Australian citizens and residents penalised if they travel to a foreign country beyond New Zealand unless they have an exemption to travel for a compassionate reason, such as the death or serious illness of a close family member, or they require medical treatment that isn’t reasonably available in Australia or New Zealand. According to the document, those who break the rules “may contravene a civil penalty provision’ set out in section 46 of the Biosecurity Act. The minimum penalty for failing to comply with entry and exit requirements in the Biosecurity Act starts at $6300. But, the penalty listed on the Australian Parliament website is much harsher, with people who intentionally disobey the rules facing up to five years’ jail time and a $63,000 fine. Despite still being in its early days, a new community COVID case in Auckland has Australian health authorities concerned that the trans-Tasman bubble could pop. <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CGYrBcPj2eH/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="13"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/CGYrBcPj2eH/?utm_source=ig_embed&utm_campaign=loading" target="_blank">A post shared by Aussiepomm (@aussiepomm)</a> </div> </blockquote> New Zealand’s Ministry of Health announced the case just a day after the quarantine requirements were lifted for those travelling between Australia and New Zealand. The case is believed to have contracted the virus from a passenger who arrived on an international flight from a ‘red zone’ (high risk) country. Prime Minister Jacinda Ardern said the new case shouldn’t impact the trans-Tasman travel arrangements. ‘These are the kind of scenarios where we would anticipate movement continuing,’ she said. ‘Our Minister of Health has kept in touch with his counterpart. They’re directly communicating and so are our officials.’

Travel Trouble

"I can't see a phone": Disputed fine over mobile camera photo

A Sydney mother is furious her perfect driving record could be ruined by a fine for using her mobile phone while driving despite her claiming she was scratching her face. Steff Doney, 37, spoke to A Current Affair about the matter. "I've been on the road for 20 years and I've never lost a point and now it's going to take me 10 years to get that clean record back so I'm pretty disappointed," Ms Doney told A Current Affair. She was photographed driving with one hand in Sydney's north last year and was fined $349 as well as losing five demerit points. "My phone's large so if I actually had it on my ear you can see that the phone would be coming way past my hand," Ms Doney said. She fought the penalty notice and gave authorities a photo comparison as well as a call log, but Revenue NSW has said that the image has been reviewed. Revenue New South Wales responded saying, "the images have been reviewed and clearly show the driver holding a mobile phone to their right ear". <blockquote class="twitter-tweet"> This mother says her perfect driving record could be ruined by a mobile phone fine based on a photograph she claims shows nothing. <a href="https://twitter.com/hashtag/9ACA?src=hash&ref_src=twsrc%5Etfw">#9ACA</a> <a href="https://t.co/nxXVtK90sW">https://t.co/nxXVtK90sW</a> — A Current Affair (@ACurrentAffair9) <a href="https://twitter.com/ACurrentAffair9/status/1376819316457308160?ref_src=twsrc%5Etfw">March 30, 2021</a></blockquote> "Leniency is not appropriate for this offence as it is considered serious ... hence we are unable to consider your overall driving history when reviewing this type of offence." Barrister Sean Hardy was interviewed by A Current Affair and he said he was "astonished" that they fined Doney. "I'm astonished they would say she's clearly holding a phone, because I can't see a phone in that photo," he said. "There's a little bit of a black void which could be mistaken for a black phone but that's not good enough, you can't just make the mistake and assume guilt," he continued. "I imagine the magistrate's going to find reasonable doubt ... but we'll wait and see. "It's David vs Goliath and I think the government really needs to take a step back and give people a break if they're not sure, absolutely sure."

Legal

April Fools pranks amid COVID crisis could face hefty penalties

<div class="post_body_wrapper"> <div class="post_body"> <div class="body_text "> America is in serious trouble as coronavirus continues to ravage the country. The death toll for the country has skyrocketed past China’s official count with 3,500 deaths and counting. US President Donald Trump has urged people to continue to follow social-distancing measures through April to prevent the virus from spreading. "Every one of us has a role to play in winning this war. Every citizen, family and business can make the difference in stopping the virus," the president said, according to <a rel="noopener noreferrer" href="https://www.aljazeera.com/news/2020/03/death-toll-york-state-passes-1000-live-updates-200329234257896.html" target="_blank">Al Jazeera</a>. "This is our shared patriotic duty. Challenging times are ahead for the next 30 days and this is a very vital 30 days," Trump told reporters at the White House. The US currently has over 159,000 confirmed infections, which is more than any country in the world. Around the world, Italy has reported that the infection rate appears to have levelled off and new cases could start to decline, as 11,591 people have died from the virus already. The total number of infections has surged past 100,000 with a shocking 4,050 new cases reported. Spain is also on lockdown after surpassing China in the number of cases and quickly approaching Italy when it comes to the number of deaths. A record number of 849 people died on Tuesday, which brings the death toll to 8,189 while 85,000 people haves tested positive for the virus. "We say to our community not to keep looking at the figures and what's going on," said Australian expat Mandy Keillor to the <a rel="noopener noreferrer" href="https://www.abc.net.au/news/2020-04-01/spains-coronavirus-reality-is-grim-how-did-it-start-there/12103590" target="_blank">ABC</a>. "But you can't help it, because you have to be aware of what's happening." Spain have introduced tough new lockdown rules in the country as all non-essential workers are banned from travelling to work. People are only allowed to go outside to get food, visit a chemist or walk a pet as well as carry documentation explaining the outing. Worldwide, the total number of infections since the beginning of the outbreak have reached more than 775,000. Roughly, 160,000 people have recovered globally while nearly 37,000 have died. Worldwide from Thailand to India, countries have told people not to make April Fools’ Day pranks related to coronavirus, with some countries threatening jail time for spreading misinformation. Tech giant Google, which is famous for its annual spoofs, has cancelled the tradition because of the pandemic which has killed about 40,000 people worldwide. Thailand said on Tuesday that April Fools’ Day jokes about the virus could be punished under a law carrying a sentence of up to five years in prison. “It’s against the law to fake having COVID-19 this April Fools’ Day,” the government said on Twitter. <blockquote class="twitter-tweet"> People around the world are suffering from <a href="https://twitter.com/hashtag/Covid19?src=hash&ref_src=twsrc%5Etfw">#Covid19</a> outbreak, and that's reason enough why people should be more considerate and not use this as a prank or a joke. <a href="https://t.co/DvF5A1WOv6">pic.twitter.com/DvF5A1WOv6</a> — PR Thai Government (@prdthailand) <a href="https://twitter.com/prdthailand/status/1244917499361034240?ref_src=twsrc%5Etfw">March 31, 2020</a></blockquote> Taiwan’s President Tsai Ing-wen took to Facebook to tell people not to prank about the virus. <div id="fb-root"></div> <div class="fb-post" data-href="https://www.facebook.com/tsaiingwen/photos/a.390960786064/10156580820386065/?type=3&theater" data-width="auto"> <blockquote class="fb-xfbml-parse-ignore"> 大家都說4/1是愚人節，我想提前介紹 #愚人節好運貓貓，歡迎一起分享喔！　　更重要的是，愚人節這天，忍不住的人可以發揮幽默，但切記... Posted by <a href="https://www.facebook.com/tsaiingwen/">蔡英文 Tsai Ing-wen</a> on <a href="https://www.facebook.com/tsaiingwen/photos/a.390960786064/10156580820386065/?type=3">Tuesday, March 31, 2020</a></blockquote> </div> She introduced her followers to Good Luck Cat, but quickly explained that article 63 of the prevention of infectious diseases act, saying that spreading rumours or false information about epidemics could result in up to three years in jail and/or a fine of up to NT$3 million ($A162,800). </div> </div> </div>

News

The law, defences and penalties for making a false accusation in NSW

<a href="https://www.dailymail.co.uk/news/article-7846859/British-student-faces-jail-Cyprus-urges-Boris-Johnson-intervene.html?ns_mchannel=rss&ico=taboola_feed">It has been reported</a> that a 19-year old British student is facing up to 12 months in prison after being convicted of ‘public mischief’ for falsely claiming that 12 Israeli men gang-raped her in Ayia Napa, a resort town on the southeast coast of Cyprus. A Cypriot judge found that the woman had manufactured the claims due to her ‘embarrassment’ after being filmed by several of the men having consensual sexual intercourse with them. ‘The defendant gave police a false rape claim, while having full knowledge that this was a lie’, the judge remarked, adding ‘[t]here was no rape, or violence’. He described the woman’s accusations as ‘grave’ and refused a defence request to adjourn her sentencing proceedings. But the woman’s supporters have questioned the verdict and called upon the British Prime Minister Boris Johnson to intervene. She has been on bail since the end of August 2019 after spending a month behind bars. Her sentencing is scheduled to take place on 7 January 2020. The crime of making a false accusation in NSW <a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca190082/s314.html">Section 314 of the Crimes Act 1900</a> (NSW) (‘the Act’) makes it an offence punishable by up to seven years in prison to make a false accusation. To establish the offence, the prosecution must prove beyond reasonable doubt that the defendant: <ol> <li>Made an accusation against another person,</li> <li>By doing so, intended the other person to be subjected to an investigation,</li> <li>Knew accusation was false, and</li> <li>Knew the accused person was innocent.</li> </ol> The offence encompasses situations where a person makes a <a href="https://www.sydneycriminallawyers.com.au/blog/false-sexual-assault-allegations-ruin-lives/">false complaint to police</a>, knowing the person they are accusing is innocent of the accusation. The crime of public mischief Alternatively, <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/public-mischief/">section 547B of the Act</a> prescribes a maximum penalty of 12 months in prison for the offence of public mischief. To establish the offence, the prosecution must prove beyond reasonable doubt that the defendant: <ol> <li>Knowingly made a false representation that an act had been done, or would been done, or that an event had occurred,</li> <li>The representation was made to a police officer, and</li> <li>The representation called for an investigation by the police officer.</li> </ol> The offence covers situations where: <ul> <li>The representation was made to a person other than a police officer,</li> <li>The nature of the representation reasonably required the person to communicate it to a police officer, and</li> <li>The person did communicate it to a police officer</li> </ul> The charge may be preferred to one of ‘false accusation’ in situations where the prosecution is unable to prove that the accuser intended another person to be prosecuted, or knew the other person was innocent. The crime of perjury If the accuser testified in court or swore a statement under an oath or affirmation, they may be prosecuted for the offence of perjury under <a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca190082/s327.html">section 327</a> of the Act, which carries a maximum penalty of 10 years’ imprisonment. To establish the offence, the prosecution must prove beyond reasonable doubt that he or she: <ol> <li>Made a false statement under oath or affirmation,</li> <li>It was made in, or in connection with, judicial proceedings,</li> <li>It concerned a matter which was material to those proceedings, and</li> <li>The defendant knew the statement was false or did not believe it was true at the time it was made.</li> </ol> The maximum <a href="https://www.sydneycriminallawyers.com.au/blog/what-is-the-offence-of-perjury-in-new-south-wales/">penalty for perjury</a> increases to 14 years where the complainant intended to procure the conviction or acquittal for a ‘serious indictable offence’ – which is one that carries a maximum penalty of at least five years in prison. The crime of perverting the course of justice And section 319 of the Act prescribes a maximum penalty of 14 years in prison for <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/perverting-course-of-justice/">perverting the course of justice</a>. To establish that offence, the prosecution must prove beyond reasonable doubt that the defendant: <ol> <li>Engaged in an act or made an omission, and</li> <li>By doing so, intended to pervert the course of justice.</li> </ol> The definition of ‘<a href="https://www.sydneycriminallawyers.com.au/blog/what-is-perverting-the-course-of-justice/">perverting the course of justice</a>’ is ‘obstructing, preventing, perverting or defeating the course of justice or the administration of law’. Examples of perverting the course of justice may include: <ul> <li>Attempting to bribe a police or judicial officer to avoid being prosecuted or punished,</li> <li>Falsely swearing or declaring that another person was responsible for an offence,</li> <li>Using a victim’s phone or email in an attempt to create a defence to a crime,</li> <li>Encouraging or bribing another person to plead guilty to an crime they did not commit, or</li> </ul> provide a false alibi, or give false testimony in court. Defences A number of <a href="https://www.sydneycriminallawyers.com.au/criminal/defences/">defences may apply to the above charges</a>, including: <ul> <li>Duress,</li> <li>Necessity, and</li> <li>Self-defence.</li> </ul> Alternatively, it may be possible to have the charged <a href="https://www.sydneycriminallawyers.com.au/services/mental-health-applications/">dismissed on mental health grounds</a> under <a href="https://www.sydneycriminallawyers.com.au/blog/drafting-section-32-applications-a-guide-for-criminal-lawyers/">section 32 of the Mental Health (Forensic Provisions) Act 1990</a>. Written by Ugur Nedim. Republished with permission of <a href="https://www.sydneycriminallawyers.com.au/blog/the-law-defences-and-penalties-for-making-a-false-accusation-in-nsw/">Sydney Criminal Lawyers</a>.

Travel Tips

Kevin the Kookaburra's killer receives maximum penalty

The man who tore the head off a kookaburra at a Perth pub has been fined the maximum penalty of $2,500. WA Police and RSPCA WA began an investigation following accounts from patrons at the Parkerville Tavern, who said they witnessed Daniel Welfare rip the head off Kevin the kookaburra after the bird took food from his plate. The $2,500 fine is the maximum penalty for the offence of “unlawful take of fauna”. According to the Department of Biodiversity, Conservation and Attractions, Welfare was the first person to be fined the maximum amount for the offence since new laws came into force on January 1. “Even though kookaburras are not native to Western Australia, they are classified as fauna under the Act, which means people must not take or disturb them without lawful authority,” a spokesperson said. The kookaburra had been well-known to pub staff and regulars prior to the attack, with a notice featuring a photo of Kevin on display at the tavern. “Meet one of the locals (he’s still out there). He has a love for the Parky Steak Sandwich and fish. He is loathed to buy his own and whenever possible, will sneak up and steal yours,” the sign warns. “Please be mindful of your precious steak sandwich and meals in the garden and in the meantime, we shall continue our negotiations with this chap in the hope that he learns some table manners.” A customer told <a href="https://www.perthnow.com.au/news/wildlife/kookaburras-head-ripped-off-in-barbaric-attack-at-parkerville-tavern-ng-b881364437z">PerthNow</a> that Welfare “grabbed” Kevin after the bird flew down onto his plate. “I went ‘Oh my god, he’s got him’ and then he sort of just hesitated for a moment, like seconds, and then put his hands under the table and just ripped his head off,” the customer said. “The thing that got me is he just threw the bird on the floor, he just ditched it.” Investigations with the RSPCA and the Department of Primary Industries and Development are still ongoing.

Domestic Travel

NAB faces heavy penalties after admitting money-laundering breach

National Australia Bank (NAB) faces the prospect of further remediation and a massive fine after revealing it might have made multiple breaches of counter-terrorism and anti-money laundering laws. The bank said in its annual report on Friday that it might have been involved in a breach or alleged breaches of laws governing bribery, corruption and financial crime. NAB said it has self-reported “a number” of issues to financial intelligence agency AUSTRAC. The bank also said that it provided documents and information to the financial intelligence watchdog. NAB is unsure how deeply the issue had run as well as how significant any AUSTRAC penalty would be. “The potential outcome and total costs associated with the investigation and remediation process remain uncertain,” the bank said in its annual report, according to <a href="https://thenewdaily.com.au/money/finance-news/2019/11/15/nab-penalty-money-laundering/">The New Daily</a>. “Given the large volume of transactions that the group processes, the undetected failure of internal AML/CTF controls, or the ineffective implementation or remediation of compliance issues, could result in a significant number of breaches … and significant monetary penalties.”

Money & Banking

“We’re losing our penguins”: Stricter penalties demanded after a spate of dog attacks

Calls have been renewed to increase the penalties for the owners of dogs which injured other animals in Tasmania after a spate of attacks on little penguins. Last Thursday, an attack in Wynyard saw 42 little penguins being mauled to death, sparking community outrage and an investigation by the Parks and Wildlife Service. According to the <a href="https://www.abc.net.au/news/2019-09-04/penguins-numbers-in-tasmania-dip-after-dog-attack-spate/11473906?pfmredir=sm">ABC</a>, this is the seventh attack on little penguin colonies in the past year, with the death toll reaching more than 170. “It just seems that we barely forget about one dog attack and then there’s another one that happens almost straight away,” said Birdlife Tasmania convenor Eric Woehler. “The Tasmanian community clearly has had enough … [Yet] we don’t see any real response in terms of changes on the ground.” Wynyard Mayor Robby Walsh said he was devastated by the deaths, and that he could not do much aside from pushing for increased surveillance. “We need physical patrols from rangers and community groups,” Walsh said. “Whilst we want to help, we can’t interfere. It falls within the jurisdiction of the Department of Primary Industries, Parks, Water and Environment. “It’s a serious thing and I think the Parks and Wildlife need to work in some sort of assistance.” Walsh also ruled out the possibility of installing dog-proof fences. “Once they get a taste of them, they’ll be back... even an elephant fence wouldn’t stop them,” he said. “We can’t fence off the coast. The responsibility lies with the owners.” Penguin Rehab and Release president Kathy Grieveson said more solutions, such as clearer exclusionary zones and fines, should be considered to help protect penguin sanctuaries from dogs. “Every time we go down to the colony there are dog tracks all through them,” Grieveson told <a href="https://www.theadvocate.com.au/story/6357956/pet-owner-crackdown-on-the-cards-following-penguin-attack/">The Advocate</a>. “If it means fining owners then... that seems to be the only thing that people take notice of – if it hits the back pocket.” Under the current Dog Control Act, the owner of a dog which attacks a person or an animal to cause minor injuries can be fined up to $650. Serious injuries may attract a fine of up to $2,600. Woehler said the penalty should be harsher. “Let’s make it about $1,000 as a starting point. We’re talking about $40,000 for what we’ve just seen on the last weekend,” he said. “We’re losing our penguins in Tasmania.” In June, the Tasmanian Government said it would review and strengthen the laws, with more rangers being deployed to the danger areas.

Family & Pets

Labor wants to restore penalty rates within 100 days. But what about the independent umpire?

Labor has promised to restore the penalty rates cut by the Fair Work Commission in its first 100 days. From its point of view, as part of a broader attack on the Coalition’s record on industrial relations, wage stagnation, widespread wage theft and the growth of insecure work, it makes sense. But it betrays a broader principle Labor holds dear - independence of the tribunal. The Coalition is saying little about it – still spooked by the electoral poison wrought by its <a href="https://en.wikipedia.org/wiki/WorkChoices">WorkChoices</a> legislation more than a decade ago. Throughout the campaign it’s been happy to fall back on claims about economic growth and tax cuts creating favourable conditions to lift wages generally. So what did the Fair Work Commission decide about penalty rates back in 2017, and what has occurred since? The commission’s decision was limited The cuts to penalty rates are often discussed as if they applied across the board. They didn’t. The commission’s decision affected penalty rates in the federal awards applying to only six sectors: fast food, retail, hospitality, pharmacies, clubs and restaurants. It determined that the penalty rates for working on public holidays in those awards would be reduced from July 1, 2017; and that the penalty rates for Sunday work in four of the awards would be phased down over four years. For example, full-time workers on the retail award had their Sunday rates cut from 200% of the normal rate to 195% in July 2017, then to 180% in July 2018, and were to have the cut to 165% in July this year, followed by a cut to 150% in July 2020. Extra payments for working irregular or unsocial hours are a longstanding feature of Australia’s industrial relations system. Traditionally, penalty rates have been included in awards with two objectives in mind: to compensate workers for having to work overtime or on weekends and public holidays, and to deter employers from requiring employees to work at these times. However, in reaching its decision, the commission found that the deterrence objective was no longer relevant for public holiday or Sunday penalty rates. Sundays have become less sacred The finding followed a report of the the Productivity Commission that found that working on Sundays was far more common than it had been in industries such as hospitality, restaurants and retail. This reflected a broader shift to a “24/7 economy”. In the Fair Work Commission’s word, the “disutility” endured by workers employed on Sundays was less than it was. Labor and the union movement have strongly criticised the commission’s decision in the two years since it was handed down. Labor very quickly introduced a bill to override it and restore the penalty rates of the 700,000 affected workers. The government opposed it and a similar bill introduced by The Greens, enabling Labor and the unions to hammer the prime minister in the election campaign for “<a href="https://www.penaltyratesrecord.com/cook">voting eight times</a>” to cut penalty rates. Labor has argued that over the recent ten-day Easter and Anzac Day break, the penalty rate cuts resulted in a loss of between <a href="https://www.billshorten.com.au/morrison_s_penalty_rate_cuts_leave_australian_workers_up_to_370_worse_off_over_easter_saturday_20_april_2019">$218 for a fast food worker and $369 for a pharmacy employee</a>. The union/Labor-aligned McKell Institute says workers will be $2.87 billion worse off by the end of the scheduled reduction in penalty rate cuts <a href="https://mckellinstitute.org.au/app/uploads/McKell-Fork-in-the-Road-April-26-2019-.pdf">if the Coalition is re-elected</a>. But cutting penalty rates has created few jobs Business groups have long claimed that cutting penalty rates will boost employment levels, a position endorsed by both the Productivity Commission and Fair Work Commission. However, research published by the Australia Institute last year finds that the retail and hospitality industries were among <a href="http://www.tai.org.au/content/penalty-rates-and-employment-one-year-later">the lowest industries for job growth in the year after rates were cut</a>. The Council of Small Business Organisations conceded two weeks ago that the cuts <a href="https://www.theaustralian.com.au/nation/politics/penalty-rate-cut-failed-to-create-one-new-job/news-story/4946a1915162c197a896063ae4009bb7">failed to create one new job</a>. Its chief executive, Peter Strong, said the impact had been minimal because it had coincided with above average increases in the minimum wage. “There’s no extra jobs on a Sunday,” he was reported as saying. “There’s been no extra hours. Certainly, I don’t know anyone (who gave workers extra hours). It’s been just a waste of time.” However, the Fair Work Commission is set up to be independent. Labor’s approach carries longer term risks A campaign spokesperson for the Liberal Party was quoted in the <a href="https://thenewdaily.com.au/news/election-2019/2019/04/22/penalty-rates-labor-liberal/">New Daily</a> last month saying: “‘Bill Shorten knows it is the independent Fair Work Commission that sets penalty rates, not the government. In fact, it was Bill Shorten … who set up the review into penalty rates. He even appointed the umpire.’” The Coalition is gilding the lily. It has been no great defender of the industrial tribunal’s independence in the past. Under WorkChoices it sidelined the commission completely. Lately it has stacked the commission with employer representatives. But it’s not a great idea to start overruling Fair Work Commission decisions that are unpopular. Yes, the penalty rate cuts are arbitrary, reducing the take-home pay of low-paid workers. But Australians have trusted the tribunal to make those judgment calls for more than 100 years. If Labor wants to influence Fair Work Commission decisions, it should change the criteria used by the commission to review awards – it plans to do so as part of its promise to turn the minimum wage into a “living wage”. Overturning decisions it doesn’t like will leave the Fair Work Commission wondering why it is bothering, and allow others to refuse to accept decisions they don’t like. And if Labor is elected and perseveres, it will also allow a less worker-friendly successor to overturn decisions it doesn’t like. Written by Anthony Forsyth. Republished with permission of <a href="https://theconversation.com/labor-wants-to-restore-penalty-rates-within-100-days-but-what-about-the-independent-umpire-116154">The Conversation.</a>

Money & Banking

Immediate loss of licence: The strict new road rule starting May 20

Tough new laws will be introduced May 20th to curb the impact of drink-driving on NSW roads. From May 20th, every person caught drink-driving in NSW will lose their licence immediately and be slapped with a whopping $561 fine. It’s a new policy that’s being introduced by Andrew Constance, the NSW Roads Minister, who says that the state has “zero tolerance” for drink-driving and drug-driving. “This means anyone caught drink-driving in NSW, at any level, including low-range, can now lose their licence immediately,” the minister said in a statement today. “This reform makes it clear if you break the law, you will pay the price. We are taking a zero-tolerance approach to drink and drug driving.” Assistant Police Commissioner Michael Corboy said that the reform would protect road users due to the steep penalties. “Alcohol is one of the major factors in crashes that kill or injure people on NSW roads,” Mr Corboy said to <a rel="noopener" href="https://www.news.com.au/national/nsw-act/crime/all-nsw-drinkdrivers-to-lose-licence-immediately-under-tough-new-rules/news-story/06b93117e603e924f0115f364d21aacb" target="_blank">news.com.au</a>. “The 0.05 blood alcohol limit has been in place for almost 38 years. There are no more excuses.” The blood alcohol limit (BAC) for full licence holders, car or riders, is under 0.05. For those driving public passenger vehicles, which includes buses and taxis, the limit is 0.02. Learner and P Plate drivers must have a BAC of zero. The same penalties, which is immediate loss of licence and the fine, will apply for those who are found with drugs in their systems while driving. However, this is only once lab analysis confirms the results. With around 68 people dying in alcohol-related crashes on NSW roads last year, the introduction of the steeper policy is aiming to reduce that number to zero.

Legal

Penalty notice wrongly labelled “scam” by police

Police have had to retract a scam warning posted to a local police unit’s Facebook page after it turned out to be a legitimate penalty notice. A photo of a vehicle registration cancellation notice was posted on Facebook and shared by people who believed the penalty notice was illegitimate. The Facebook page of the Richmond Police District in the NSW Northern Rivers region also shared the post with a caption: “This is a new scam I have not seen before. On first glance [the penalty notice] does look convincing. Take a closer look though; it does not have the car rego, offence details or the licence number.” A senior officer was quoted in local media warning drivers to check with the NSW State Recovery Office if they received a similar notice. <img width="431" height="242" src="https://cdn.newsapi.com.au/image/v1/b320b516b3f65a678e17038a92aedb69" alt="Police must have been feeling extra cautious when they warned drivers about this ‘scam’. Picture: Facebook" style="display: block; margin-left: auto; margin-right: auto;"/> But it turns out the “scam” isn’t a scam after all. A spokeswoman from Revenue NSW confirmed to news.com.au that the penalty notice “is genuine”. The spokeswoman was concerned that people may believe the penalty notice was illegitimate, and suggested several methods for checking a notice’s legitimacy. “Revenue NSW is concerned by reports on social media claiming that a legitimate enforcement letter is a scam,” the spokeswoman said in a statement. “If a customer is unsure about whether a notice they have received is legitimate, there are a number of steps they can take to check its validity. “These include [checking if] previous notices been received for unpaid fines. Revenue NSW will issue up to three notices prior to taking action with Roads and Maritime Services. “If a fine has not been paid it in full by the due date, Revenue NSW will take action to recover the debt by suspending the driver’s license or vehicle registration. This action can be confirmed by contacting Revenue NSW or Roads and Maritime Services”.

Legal

How penalty rate cuts will affect you

Yesterday, the Government <a href="/finance/money-banking/2017/02/penalty-rates-to-be-slashed/" target="_blank">controversially announced</a> it would be cutting penalty rates for employees working on Sundays. Thousands of retail, hospital and fast-food workers will be affected by the cuts, and they won’t be the only ones. Many initially believed that the changes would lead to the 10 per cent (give or take) Sunday surcharge that many cafes and restaurants enforce in order to make up for the money lost paying staff up to double time and a half may be coming to an end. But, before you start celebrating, this may not be the case. “To be honest, the rates going down won’t alleviate the need for a surcharge on public holiday,” Restaurant and Catering Australia CEO John Hart told <a href="http://www.news.com.au/finance/work/at-work/what-penalty-rate-cuts-mean-for-sunday-surcharges/news-story/8037bbb62c145ec0961e0b0504c45e37" target="_blank">news.com.au</a>. He claims that even if the surcharges were scrapped, it would still not meet the costs of paying hospitality staff. Full- and part-time workers will still be receiving 150 per cent pay (down from 175 per cent) and casuals will receive 225 per cent (down from 250 per cent). Casuals, however, will still earn 250 per cent pay on public holidays. While it mightn’t sound like a huge decline, it could be crippling for students, singles, single-parents and young families, meaning, in some cases, a $35 difference for a single shift. “At 225 per cent (on a public holiday), you’re still paying more than double time,” Hart added. “As it stands at the moment, wages are nearly 50 per cent of turnover. Even with these changes you’re still in a place where there is an extraordinary amount of additional cost, which isn’t met by any sort of surcharges.” What do you think about the penalty rate cuts? Share your thoughts with us in the comments below. Related links: <a href="/finance/money-banking/2017/02/penalty-rates-to-be-slashed/">Penalty rates to be slashed</a> <a href="/finance/money-banking/2017/02/australias-biggest-bank-accused-of-ripping-off-thousands-of-workers/">Australia’s biggest bank accused of ripping off thousands of workers</a> <a href="/finance/money-banking/2017/02/good-credit-rating-could-save-you-800-dollars/">The simple trick that could save you $800</a>

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How penalty rate cuts will affect you

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