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Author: Shelby Smith

Potts Lawyers > Articles posted by Shelby Smith

What is drug diversion?

Article by Shelby Smith – Criminal Lawyer What is drug diversion? The Illicit Drug Court Diversion Program (more commonly known as drug diversion) is a sentencing option for offenders pleading guilty to minor drug offences. This program allows the court to deal with the defendant by imposing a good behaviour bond with a  special condition that they attend a once off drug information and education session. A recognisance amount is attached to the good behaviour bond, which you are not required to pay unless you breach the bond. Drug diversion can be an excellent result for our clients because it means that the court...

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Can I apply to vary a domestic violence order?

Under the Domestic and Family Violence Protection Act 2012 (Qld), an application can be made to vary an existing domestic violence order. If you are considering making an application to vary a domestic violence order, you should seek legal advice. Our expert domestic violence lawyers can provide you with comprehensive advice regarding the court process. We can also prepare the necessary material and represent you in court. Who can apply to vary a protection order? The following people can make an application to vary a domestic violence order: The aggrieved named in the order; The respondent named in the order; A person named in...

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Important Changes to Special Hardship Order Applications

The Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 governs Special Hardship Orders. This regulation has recently been amended. For those wishing to apply for a Special Hardship Order, it is important to understand how these changes may affect you. Special Hardship Order - Restriced Licence Breach Special Hardship Order - Speeding   Change 1 – Removal of 21 Day Time Limit Prior to 1 April 2019, eligible drivers had 21 days from the date of their suspension to apply for a Special Hardship Order. This restriction has now been removed to allow drivers to apply for a Special Hardship Order at any time...

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I am receiving a Centrelink payment. What are my obligations? What happens if I fail to meet my obligations?

If you are receiving a social security payment, you need to be aware of your obligations. If you fail to meet these obligations, you can be charged with an offence in addition to having your payment cancelled. For this reason, it is important to ensure strict compliance with the requirements under the Social Security (Administration) Act 1999 (Cth). It must be stressed that this information is not exhaustive and does not constitute legal advice. If you would like specific and detailed information regarding your obligations as a Centrelink recipient, you should seek our advice. WHAT ARE MY OBLIGATIONS? Your obligations as a welfare...

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What happens to my matter if the law changes after I have been charged?

One of the most challenging aspects of the law is that it changes every day. Changes occur in two ways: New legislation is handed down by Parliament; Courts change the way that the law is interpreted or applied. If there is a change to the law whilst your matter is underway, it can affect the way in which your matter proceeds. It is important to be aware of these changes and the impact they will have on you. This is particularly important in criminal law matters because these changes can affect the outcome of your case. Changes to the law can be divided into...

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Commonwealth Games: What You Should Know From A Criminal Law Perspective

Article written by Shelby Smith The Gold Coast Commonwealth Games will run from the 4th of April 2018 to the 15th of April 2018. If you are attending the Commonwealth Games, it will be important to take care and act appropriately.  Gold Coast residents should also be aware of this information, as the Commonwealth Games will affect the entire Gold Coast community.   Increased Police Presence on the Gold Coast Firstly, you should expect an increased police presence before, during and immediately after the Commonwealth Games. This increased police presence may mean an increase in police charges. It is important to be aware of this and act accordingly....

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