Simon&Co Lawyers in Oxley, Queensland, Australia | Lawyer & law firm

Simon&Co Lawyers

Locality: Oxley, Queensland, Australia

Phone: +61 7 3278 1809

Address: 92 Cook St 4075 Oxley, QLD, Australia

Website: http://www.simonlawyers.com.au

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24.01.2022 The Careless Bucket Any person who drives a motor vehicle on a road or elsewhere without due care and attention, or without reasonable consideration for other persons using the road is guilty of an offence. :- Section 83(1) of TRANSPORT OPERATIONS (ROAD USE MANAGEMENT ACT 1995 QLD So what is careless driving? The bucket list for infringements are wide and seems to include anything that causes or may cause the driver or other drivers on the road to be distracted either inten...tionally or unintentionally. Some of the list of distractions may include the following: (a) Fluffy Dice or Air Fresheners hanging from your rear view mirror (b) Car Stickers that may impair a drivers vision (c) Bumper Stickers that distract other road users (d) A driver talking to someone while a passenger is holding a phone on loud speaker (e) A car passenger in a car talking to someone on FaceTime or loud speaker (f) GPS devices or inbuilt car systems that distract drivers from their ongoing obligations on the road (g) Eating whilst driving (h) Putting on your lipstick in the car whilst driving or stationary at traffic lights (i) Loud music The list is discretionary. Once you plead guilty to this charge or pay the fine on an infringement ticket, you will automatically lose 3 demerit points. A court can also impose a licence disqualification or a term of imprisonment in some circumstances. Best to get rid of the fluffy dice we say! Simon&Co Lawyers

21.01.2022 Have Your Say: The Road Rules in NSW have now been REVISED to allow drivers, when stationary,(including holders of learner and provisional P1 or P2 licences) to use their phones to legally pay for goods and services in a road related area eg. meals through a drive through, displaying coupons for redemption of discounts and accessing digital drivers licence when asked to produce a licence by the NSW police. Currently in QLD and in some other states like VIC, it is still ille...gal to tap and pay while going through a drive through. Should QLD follow NSWs lead to revise our legislation with respect to mobile phones? Should the definition of legally parked be expanded upon and not left in the hands of discretion? Have your say by emailing: 1.) Queensland Transport- [email protected] 2. The Minister for Transport and Main Roads(Hon Mark Bailey)- [email protected] 3. The Shadow Minister for Transport and Main Roads(Mr Steven Minnikin)- [email protected] 3.) Your Local Member for Parliament- https://www.parliament.qld.gov.au/members/current/list Simon&Co Lawyers

20.01.2022 Adoption Information Night Date: Wed 18 July 2018 Time: 6.45pm-8pm RSVP for further details: [email protected] Information Night Date: Wed 18 July 2018 Time: 6.45pm-8pm RSVP for further details: [email protected]

18.01.2022 New roadside traffic cameras that capture not just speed but mobile phone usage will soon introduce $1000 fines for QLD drivers with possible licence suspensions for second time offenders of the same. #donttextanddrive https://www.9news.com.au//140fd9d3-9934-4727-8241-5e0dfbc0

18.01.2022 Have you ever received a speeding fine in the mail and it was someone else driving your car at the time? (eg. spouse/child/friend) It is so easy just to think, "Oh well, Ill just sign the statutory declaration and take the points. My husband cant afford to lose his licence. Whats the big deal?" Please be aware that the Queensland Police are cracking down on false statutory declarations returned in the mail. Many of the speed cameras these days take your photograph as wel...l as your number plate. If you are caught making a false declaration, you will be charged with a Criminal Offence and have to appear in the Magistrates Court. The maximum penalty for making a false declaration is 3 years imprisonment. If you require legal advice prior to signing any statutory declaration, contact us at Simon & Co Lawyers.

18.01.2022 The end-of-year madness season is approaching. Remember, whether you have been horsing around or caught in the middle of a kerfuffle, you have the RIGHT to remain SILENT and obtain legal advice. Call us at Simon&Co day or night- (07) 32781809.

16.01.2022 For more information on what legal services we offer, please visit www.simonlawyers.com.au

14.01.2022 Driving Licencing Change- Special Hardship Orders(SHO) As of the 1st of April 2019, the Department of Transport and Main Roads has reviewed and made regulatory amendments to remove the maximum 21 day Application period for a SHO. The amendment provides flexibility for a driver on a suspended licence to now apply for a SHO at any point in time during their suspension. Strict eligibility requirements still need to be met. ... For more information, contact Simon&Co Lawyers.

13.01.2022 While NSW rolls out their artificial intelligence detection cameras this weekend, Queensland have also confirmed plans to introduce mobile phone detection cameras on the states roads. https://www.9news.com.au//43c39fb1-6bf2-4c25-ac8a-fc5d22da

12.01.2022 For those thinking about adoption within Queensland, we will be conducting a free information session in mid July 2018 (within Brisbane CBD) to discuss the legal guidelines under the current Adoption Act 2009 and legal ramifications of the Child Protection Reform Amendment Act 2017. We will put up a date saver shortly. Please let us know if you are keen to come as the venue will depend on the numbers. In the meantime, if you have any questions, do not hesitate to drop us a line.

12.01.2022 It has been just over a year since the Child Protection Reform Amendment Act 2017 (CPRAA) was introduced but it has finally been assented to on the 10th of November this year. The Child Protection Act 1999 (QLD) has now amended and is current as of 29 October 2018. https://www.legislation.qld.gov.au//i/current/act-1999-010 The intention behind the amendments to the Child Protection Act 1999 was to introduce "permanency" for a child and long term stability. The need for per...manency also recognised the need to amend the definition of a parent under section 23. A parent now includes the following: A parent, of a child, means each of the following persons (a) the childs mother or father; (b) a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); (c) a person, other than the chief executive, having custody or guardianship of the child under (i) a law of the State, other than this Act; or (ii) a law of another State; (d) a long-term guardian of the child; (e) a permanent guardian of the child. The new and inclusive definition of a parent in combination with the intention of the Act to create permanency should, in theory, make a significant dent in the roadblock that "non-parents" faced previously. Some of the key changes now include the following: * That a permanent guardian of a child can now ask the Chief Executive to review the childs case plan under the new clause 51VB of the Child Protection Act 1999, if there has been a change of circumstances. * Under s51X, if a child is placed in the care the Chief Executive under a child protection order granting long-term guardianship of the child, the report must state the progress made in planning for alternative long-term arrangements for the child, including, adoption. * Under s62(2)- The stated time for an Order that does not grant custody or guardianship of the child must not be more than 1 year after the day it is made. This is a new era. We look forward to seeing the practical outworkings in due course and assisting with more positive outcomes for Queensland children and their parents. Simon&Co Lawyers

12.01.2022 If you have a reason to suspect a child in Queensland is experiencing harm, or is at risk of experiencing harm, you need to contact Child Safety Services on 1800 177 135 or (07) 3235 9999. The service operates 24 hours a day, seven days a week. Fathers housemate in this case was also charged and subsequently sentenced for turning a "blind eye" to this abuse. Early reporting is the key to saving lives. http://www.couriermail.com.au//ba192889ad7150dc89ddc90a76b

08.01.2022 Five Most Asked Questions From The "No Touching" Post (https://www.facebook.com/simonlawyers/posts/803977193395026 ) 1. What about vehicles with touch screens, individual and inbuilt sat nav systems, CB radios, two-way radios.... are they allowed to touch their devices? ... Yes. It is mobile phones that are specified under the regulation and prohibited from being handled/touched by the driver while your car is in operation. Please note you can still use your phones (eg. for maps) as long as it is in a mount and the journey is set before you travel. 2. Am I allowed to use bluetooth or Siri/Hey Google to make call or send a text? Keeping in mind that due care and attention on the road is our paramount responsibility as drivers, in Queensland, there are no regulations that specify restrictions to using Siri or any other voice activation as long as you are not touching your phone to activate Siri or touching the speaker function on your phone while your car is in operation. Your phone must be connected to a blue tooth device through your car prior to commencing your journey. Please note there are other states like WA where even using Siri is restricted while driving. These restrictions may follow suit in Queensland in due course. 3. What about Uber drivers and other ride share drivers who need to touch the phone to accept jobs? Ride share drivers are being fined regularly. Limited phone use for accepting jobs(while phone is in cradle) may be allowed. Police will still have discretion to hand out fines. See link. https://www.smh.com.au//uber-drivers-complain-they-are-for 4. What is legally parked? Section 300 of the Regulations are not specific about the definition of legally parked other than saying this: (a) The vehicle cannot be moving; (b) The vehicle cannot be stationary but not parked. The Queensland Government link in our earlier post states that, "Parked means stopped with the intention of staying in that place." At the very minimum, we would suggest that you pull over to the side, have your handbrake on and be in "P" gear. However, to avoid any confusion, it would be preferable if your engine was completely off or you are not in your car prior to handling/touching your phone. 5. Are police and other emergency vehicles allowed to touch their phones/devices while their vehicles are in operation? Yes. Simon&Co Lawyers

06.01.2022 Stay safe at Schoolies. More info in the link below for Year 12 students, parents and other guardians. https://www.schoolies.com/safety

06.01.2022 These are difficult decisions for any Court but ultimately we must look towards the best interests of the child. New South Wales is leading the revolution of smoother adoption processes and further funding for long term/permanent placements for foster children. http://www.abc.net.au//foster-plan-for-abusive-nsw/8129500

03.01.2022 No touching! Currently in QLD, you will receive a $400 fine and 3 demerit points if you touch your phone whilst driving. From 1 February 2020, the fine increases to $1000 and 4 demerit points. Touching your phone whilst driving may include but is not limited to:... * Moving your phone from your handbag to the phone mounter; * Reading, scrolling, sending or composing text messages even if you are stationary at traffic lights; * Touching your phone whilst it is in the phone mounter to change directions on google maps * Touching your phone for any other purpose eg. Changing your Spotify playlists. And yes, there will be artificial intelligence cameras in QLD shortly that detect your every movement, especially at traffic lights. You must be legally parked in order to touch your mobile phone. Parked means stopped with the intention of staying in that place. Lastly, please note that double demerit points will apply for mobile phone offences committed within 1 year of an earlier similar offence. Suspension of drivers licences will most likely follow. Frequently Asked Questions: https://www.facebook.com/simonlawyers/posts/806390309820381 Have your say: https://www.facebook.com/simonlawyers/posts/807349576391121 For more information, click on link below: https://www.qld.gov.au/transport//road-safety/mobile-phones

02.01.2022 Brisbane Times article published today states: "Drivers with their phone in a cradle, or going hands free, will be allowed LIMITED phone use. This includes accepting a call, or, for rideshare drivers, accepting or finishing a trip. Police will have the DISCRETION to decide whether or not to hand out a fine."... https://www.brisbanetimes.com.au//queensland-drivers-face- It is important to note however that the words "limited use" and "discretion" are somewhat subjective as they have not been actually defined or even used in the legislation. Should fines be disputed, Courts will then have to determine the outcome. Just a reminder that new Queensland penalties come into force this Saturday, 1 February 2020. Simon&Co Lawyers

01.01.2022 It was a very good day for children and permanent guardians of children in Queensland yesterday when the Child Protection Reform Amendment Bill 2017 passed. This effectively means that the Child Protection Act 1999 QLD will now be promoting positive long-term outcomes for children in the child protection system through timely decision making and decisive action towards either reunification with family or alternative long-term care. Some key changes include: * The definition... of "best interests" of a child now include both immediate and long term in nature; * Principles for achieving permanency for a child include legal arrangements for the childs care that provide the child with a sense of permanence and long-term stability, including, for example, a long-term guardianship order, a permanent care order or an ADOPTION order for the child. * Definition of a parent now means permanent guardian as opposed to a childs mother or father or a person in whose favour a residence order or contact order for the child is in operation under the Family Law Act 1975 (Cwlth); * A case plan must take into account that if returning the child to the care of a parent of the child is the goal for best achieving permanency for the childan alternative goal in the event that the timely return of the child to the care of the parent is not possible. * A case plan must include actions for helping the child transition to independence if (a) the child is 15 years or more; and (b) the child does not have a long-term guardian. Watch this space.