Author: Peter Mullen

NSW has introduced a new definition of “domestic abuse” which will articulate more clearly the types of behaviours that may constitute domestic abuse, including coercive and controlling behaviour. A new coercive control offence will come into force separately on 1 July 2024. The new definition is also designed to play an important educative function in […]

In most Australian jurisdictions the minimum age of criminal responsibility is 10 years. This means that a child under the age of 10 cannot be held criminally responsible for committing an offence. The exception is the Northern Territory which only raised the age of criminal liability to 12 in August. In NSW, the relevant legislation […]

The NSW Government has announced reforms to drug diversion programs aimed at saving lives and preventing recidivism. The main change is that police will have the power to issue a maximum of two $400 fines to people caught with small quantities of drugs, including ice, cocaine and MDMA. Under the “two strike” policy, people will […]

In NSW, a person who is charged with a criminal offence has a lawful excuse if they can show they acted in self-defence. Under section 418 of the Crimes Act, a person is not criminally responsible for an offence if they carried out the conduct constituting the offence in self-defence. When Is Self-Defence Available? A […]

In New South Wales, it is against the law to record a private conversation without the consent of all parties unless a statutory exception applies. The Surveillance Devices Act The Surveillance Devices Act provides the legislative framework for the use of surveillance devices in criminal investigations, and to enable law enforcement agencies to covertly gather […]

Under NSW law, using a mobile phone whilst driving is illegal and carries significant penalties. But what does it mean to “use” a mobile phone? A recent case in Sydney’s Downing Centre Local Court shows that it isn’t always black and white. The case involved a man who received an infringement notice for allegedly using […]

Given the rising popularity of electric-scooters (e-scooters), many people would be surprised to know that riding a privately owned electric scooter on a road or road related area in NSW is illegal. A road related area includes footpaths, shared paths and bicycle lanes. In fact, the only place a person can legally ride an e-scooter […]

New South Wales will become the first Australian jurisdiction to criminalise coercive control after historic legislation passed Parliament earlier this month. Coercive control is a form of domestic abuse that involves patterns of behaviour that have the cumulative effect of denying victim-survivors their autonomy and independence. It can involve physical, sexual, psychological or financial abuse. […]