Spencer Lawyers in Erina, New South Wales, Australia | Criminal lawyer

Spencer Lawyers

Locality: Erina, New South Wales, Australia

Phone: +61 1300 964 004

Address: Office 5, 1 Baker Street 2250 Erina, NSW, Australia

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

Likes: 187

Add/Update information

Reviews

Tags

• Criminal lawyer

25.01.2022 WHERE ARE THE GAPS IN THE LAW COVID-19 Restrictions Currently recognised as a period of significant Global stress, the COVID-19 crisis has compelled the intr...oduction of new laws which restrict human activity outside the home and imposed criminal penalties for those who breach these directions. It is however obvious that confusion may arise even with the legislation spelt out as there is NO other clarity at this time to inform us whether our actions are legal or not. Scenario: Mason Clarke a hospitality worker has been recently stood down by his employees due to the COVID-19 restrictions on non-essential business’s. With no more work, every morning around 9.00am Mason wakes up, gets dressed and drives to his favourite beach which is located 10km away. He runs along the beach and over the headland to the beach around the corner and then back again for a final swim and take-away coffee before driving home. On Saturday the 6th April he decides to sit on the beach after his swim as he is exhausted from his exercise. A police Officer approaches Mason and asks him what why he is sitting. Mason responds by stating that he is ‘tired from his run and swim’ and has decided to rest. The officer then asks for his ID and comments that he is outside his postcode area. The officer then handed Mason a $1000.00 fine for non-compliance with the new legislative measures. This hypothetical scenario postulates numerous legal issues and contentions which exist at the basis of the new legal Order placed within the Public Health Act 2010 as the provisional order itself lacks expansive clarity and leaves definitional gaps in the statute itself. What the Current legislative framework says Under NSW Legislation, section 7 of the Public Health Act 2010, if the Public Health Minister believes on reasonable grounds that a circumstance has arisen which is likely to be a risk to public health, he/she is legally entitled to make any orders necessary to reduce, minimise and prevent the possible consequences of this risk. Thus, recognised internationally as an unprecedent global threat to public health, the COVID-19 virus satisfies on ‘reasonable grounds’ as a ‘risk’ which gives rise to ministerial power to enact new legislation which aims to reduce and limit the severity of the virus’ impact. As such on the 31st March 2020, the Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 was introduced by the NSW government to create a legal framework which purports to introduce strategy to minimise the severity of the virus’ effects. The principle direction given by the Minister effecting all individuals states that no person, without a reasonable excuse, should leave a person's place of residence. The legislation also limits gatherings of more than 2 persons in a public place with exceptions being for the purpose of work, for weddings, funeral, members of the same household, gatherings for the care and assistance of vulnerable, gatherings to facilitate move to new residence and gatherings necessary for fulfilling legal obligations. Breach of these orders are considered an offence under Section 10 of the Public Health Act 2010, as failure to comply with these regulations imposes a penalty equivalent to a maximum fine of $11,000 or imprisonment for 6 months (or both). What’s missing? Faults and gaps in the legislation Considered to be legally unprecedented in the history of the Australian law, the assertation of new laws by the Minister of Health causes concern as there is no prior statute, high authority judgement or case-law which can guide and give effect to fair and just application. Further flaws are found in the first direction given by the minister stating that a person must not, without reasonable excuse, leave the person's place of residence.’ The legislation seems to remain silent as to the time frame of the activity exercised. It also doesn’t address whether an individual is required to come home straight after that ‘reasonable excuse’ has been completed. There has also been chatter around how far is appropriate for one to travel for the purpose of a reasonable excuse. If there is a Coles in your postcode but you have a preference for another Coles 20 minutes down the road does it matter that you go there instead. This lack of clarity becomes problematic as individuals do not know their responsibilities and rights in this circumstance. Turning to reasonable excuses which are codified within schedule 1 of the Order, the scope for interpretation may be quite broad. It is obvious that primary needs such as obtaining food, medical care and continuation of work are listed as defences as they may be seen as necessary in the maintenance of Australia as a functioning and productive country. As such a lot of the reasonable excuses are self-explanatory and understood to the reasonable person. However, when implementing excuses such as ‘exercise’ no definition is included as to what exercise is, which leaves this open to subjective interpretation. As the hypothetical scenario above examined, is rest from exercise in a public place appropriate and is there a time measurement involved. Another point of interest regards No 16 of schedule 1 which speaks to a reasonable excuse to leave one’s residence is for ‘emergencies and compassionate reasons. Disregarding the emergencies part, which is also explanatory, the term ‘compassionate reasons’ is not well spelt out. What does compassion mean and how does authority by way of objection measure this concept. One final point is, Mason left home for the purpose of exercise which was a reasonable excuse, however the legislation is silent as to whether he is required to immediately return home following his exercise.

23.01.2022 Here are six things that used to be crimes in Australia: 1. Gay sex It’s crazy to think that it was just 1997 when gay sex was still a crime in Tasmania. By that time, all other states and territories had decriminalised homosexual sex, but even as late as 1949, it was punishable by death in Victoria....Continue reading

23.01.2022 KNOW YOUR RIGHTS! When communicating with police it is important to always remain polite and calm. When asked to present a copy of your identification, you SHOULD comply with this request. You MUST legally comply with this request in the following situations... If you are suspected of committing an offence on a public train; If police suspect on reasonable grounds that you may be able to assist them to investigate an indictable offence; and In situations involving traffic offences. However, besides the requirement for you to give your name and address in situations above, you DO NOT NEED to say anything else. The officer has the responsibility to inform you that you do not need to answer their questions but that anything you do or say can be used in a court of law as evidence against you. If you believe that the police officer DOES NOT have a good reason to ask you for your details or to search you, it is a good idea to ask for the officer’s name and place of duty as the police BY LAW have to tell you this information. Note: you should always contact your lawyer to confirm your legal obligations. If you have any queries or further questions, please do not hesitate to contact Spencer Lawyers on +61 414 709 543

21.01.2022 $55.00 Wills for a limited time only!! Telephone conferencing. Once drafted, we will post the Will to you for instructions on signing without you having to come to our office. During these difficult times we are offering $55.00 per Will* from Monday 30 March 2020 until 1 June 2020. If you are interested, email the following to [email protected] Your full name:... Address: Contact number: Email address: Name, address and relationship to you of chosen executor and substitute executor (Must be over 18 years) Name, age, address and relationship to you of beneficiaries: We will speak to you regarding further matters in drafting your Will. *Conditions apply. Simple Wills only. No testamentary discretionary trusts. SPENCER LAWYERS are nominated in the Will as the solicitors to be engaged in the execution of the provisions of the Will. NSW residents only. See more

21.01.2022 Introducing Lauren Spencer. Lauren Spencer has been a hard-working member of Spencer Lawyers for 18 months. Lauren works as an administrative assistant.

17.01.2022 Did you know at Spencer Lawyers we also deal with matters of probate? What is probate? Probate is essentially ‘the proving of a will in a court of law.’ This may be a necessary legal requirement one could face when confronted with the death of a loved one. At Spencer Lawyers we understand that the process of dealing with the passing of a loved one can be extremely difficult and as such we aim to offer a supportive, empathic and competent hand of support to help you throug...h the process to finalise your loved ones wishes. Should you have any questions do not hesitate to call our team on +61 414 709 543

14.01.2022 $55.00 Wills for a limited time!!! Telephone conferencing. Once drafted, we will post the Will to you for instructions on signing without you having to come to ...our office. During these difficult times we are offering $55.00 per Will* from Monday 30 March 2020 until 1 June 2020. If you are interested, email the following to [email protected] Your full name: Address: Contact number: Email address: Name, address and relationship to you of chosen executor and substitute executor (Must be over 18 years) Name, age, address and relationship to you of beneficiaries: We will speak to you regarding further matters in drafting your Will. *Conditions apply. Simple Wills only. No testamentary discretionary trusts. SPENCER LAWYERS are nominated in the Will as the solicitors to be engaged in the execution of the provisions of the Will. NSW residents only.

08.01.2022 An interesting article for discussion.

07.01.2022 Newest Member to Spencer Lawyers. Claudia Pitt is currently studying a law degree at Macquarie University and is working as a research and marketing assistant.

06.01.2022 We are in unprecedented times. Regarding the current climate within Australia and the steady rise of COVID 19 cases, New South Wales have now implemented strict legislation which aims to reduce and regulate unnecessary human activity and interactions. As such the principle order ‘the Public Health (COVID-19) Restrictions on Gathering and Movement) Order 2020’ (dated 30 March 2020) inserted under the Public Health’s Act 2010 purports the following restrictions: A person must... not, without reasonable excuse leave the person's place of residence. Examples of a reasonable excuse include leaving for reasons involving a. Obtaining food or other goods and services, or b. travelling for the purposes of work or education if the person cannot do it at home, or c. exercise, or d. medical or caring reasons. In addition, this Order directs that a person must not participate in a gathering in a public place of more than 2 persons. Exceptions include a. gatherings of members of the same household, and b. gatherings essential for work or education These restrictions NOW apply. As such it is considered an offence under Section 10 of the Public Health Act 20 IO if anyone fails to comply with these regulations with a breach penalty equivalent to a maximum fine of $11,000 or imprisonment for 6 months (or both). If the offence continues, an additional $5,500 fine will be ordered. At Spencer Lawyers we understand the detriment of these legal consequences, and as through these times we will continue to operate and offer telephone conferencing services for any questions you may have. Please do not hesitate to contact us. Ph: +61 414 709 543 Em: [email protected]

04.01.2022 KNOW YOUR RIGHTS A strip search is when a police officer asks you to remove some or all of your clothes, and visually examines your body. They may also ask to search your clothes and bags. 1. First it must be established that the police suspect on reasonable grounds that you have something unlawful in your possession. But that alone isn’t enough to strip search you.... 2. Secondly, the police must prove that the circumstances where serious and urgent enough to make a strip search necessary. Defining what is ‘serious and urgent’ about a certain situation is something that really depends on the facts. When conducting a strip search police must comply with the legislative requirements as under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). If they don’t, the search may be unlawful. POLICE MUST ALSO: Inform the person as to whether the person will be required to remove clothing during the search and why it is necessary to remove the clothing. Conduct the search in a way that provides reasonable privacy for the person searched, and as quickly as is reasonably practicable. must not search the genital area of the person searched unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search Must not carry out a search while the person is being questioned. If you suspect you have been wrongfully searched, please do not hesitate to contact Spencer Lawyers on +61 414 709 543

04.01.2022 During these difficult times we are offering $55.00 per Will* from Monday 30 March 2020 until 1 June 2020. If you are interested, email the following to [email protected] Your full name: Address: Contact number:... Email address: Name, address and relationship to you of chosen executor and substitute executor (Must be over 18 years) Name, age, address and relationship to you of beneficiaries: We will speak to you regarding further matters in drafting your Will. *Conditions apply. Simple Wills only. No testamentary discretionary trusts. SPENCER LAWYERS are nominated in the Will as the solicitors to be engaged in the execution of the provisions of the Will. NSW residents only. See more

02.01.2022 We are living through unprecedented times. This situation is going to have a devastating effect on many members of our community which will take time to resume normality. The priority is the health of all. Look out for each other. (Skype, Facetime and telephone calls) Don’t be too proud to take Commonwealth Government assistance. You’ve probably paid enough tax in your lifetime not to deserve some of it back.... Our family is experiencing firsthand the effect this virus is having on business and employment. I like, many of you have staff, business costs and rent to pay. If you require any assistance during this time, I offer telephone conferencing, so you don’t have to leave home. I hope that those who are in a comfortable financial position understand and displays patience for those that will struggle. Let’s support each other. History has shown us that tough times don’t last forever. We just have to ride it out. Bless you all.