Criminal Law & Lawyers

Are you in trouble with the law? If so, a professional specialist criminal lawyer will provide you with the highest quality representation in all sorts of criminal matters and criminal proceedings.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Specialist Criminal Lawyers generally cover matters involving the following:

• Serious drink driving, DUI and PCA offences
• major road traffic offences and traffic charges
• Public Order Offences
• Murder, Manslaughter
• Common Assualts
• Assualts involving Grevious Bodily Harm (GBH), Actual Bodily Harm (ABH) and other Assaults
• Drugs offences including Possession with Intent to Supply drugs / Drug Importation / Drug Production
• Fraud offences and ID fraud
• Robbery / Armed Robbery
• Blackmail / Extortion / Threats to Kill and related offences
• Theft from Employer
• Benefit Fraud
• Organised Crime / Conspiracy
• Proceeds of Crime
• Political / High Profile
• Terrorism
• Money Laundering
• Sexual Offences
• Bail Applications
• Youth offences
• Representation of Professionals and People with no Previous Convictions
• Representation of People with previous convictions and criminal record
• Criminal Appeals against Conviction or Sentence
• Police Station Interviews
• Cyber crime and computer crime

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Specialist Criminal lawyers also provide representation with respect to the following 'serious criminal offence, some of which have already been mentioned above:

• Murder or attempted murder
• Indecent Assault
• Use of firearms
• offences against children
• Rape and other sexual assult type matters
• Wounding/gbh with intent
• Wounding/gbh without intent
• False imprisonment
• Arson and criminal damage endangering life
• Robbery, larceny and other matters relating to theft
• Aggravated burglary
• Two or more offences of burglary
• Dealing, being concerned in the supply, or intending to supply any controlled drug
• Serious motor vehicle crimes
• Aggravated vehicle taking
• Breach of good behaviour Bond

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Some basic general information regarding criminal law (for information purposes only):

Criminal Law is law which involves the state (The Crown) bringing a prosecution against an individual. Only crimes (or offences) which already exist in law can be used to prosecute people. These are laid down by Parliamentary Law (statutes like the Crimes Act 1900, or by previous decided case history in the courts (common law).

Innocent until proven Guilty?


To convict someone of an offence, the Prosecution has to show the court that the person has committed the offence to a level of certainty which is very high. The phrase that judges use is "you must be satisfied so that you are sure". Verdicts along the lines of "he probably did it," or "if she didn't do it, who else did?", are not usually enough for a conviction. The prosecution must show beyond reasonable doubt that the offence occurred and was done by the accused person (or the defendant). In the eyes of the Criminal Courts, not sure is not guilty.

Juries and Judges


In the criminal courts, there are generally two levels of court. The first level is the Magistrates Court. This court deals with less serious types of offence, such as most motoring offences and drink driving, or low value thefts and less serious assaults. However, this court can still impose prison sentences.

In the District Court, a jury of 12 memebers will be first told that they have to find the defendant guilty or not guilty by unanimous vote. If no verdict can be reached, a re-trial may be ordered.

What the Prosecution must prove:


The prosecution must prove two things: that the accused did it, and did it on purpose.

Defences


Just because someone is guilty of committing an illegal act, and of meaning it/knowing it was wrong, that doesn't definitely mean that they are guilty of the offence. They might have a defence, or a good reason why they should not be convicted.

If someone committed an offence while, for example, protecting themselves or their family, then that could be a defence which would help them avoid being found guilty.

Self Defence / Defence of Someone Else / Defence of Property and other defences

If someone commits an offence of violence (such as assault) to prevent getting injured, to prevent someone else getting injured, or to protect his or her property, then that can sometimes mean they are entitled to a defence. The force used must be necessary, and reasonable. That means there must be no other obvious course of action to avoid the injury or damage (such as moving away top avoid the situation), and the level of force used must be proportionate to the threat - the fact that the defendant thought the action was reasonable is not enough to suggest that it was. However, the jury have to accept the facts as the defendant honestly believed them to be at the time, even if he or she was mistaken. So if the jury believe that a defendant honestly thought that his attacker had a knife and so attacked him, the jury have to take that belief into account. Then they can consider whether his reaction, for example stabbing the attacker first, was reasonable by their standard.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Mental Defences

There are other defences which relate to the mental state of the person who is accused. They include:

Automatism

This is a defence when the act has been done unconsciously and involuntarily, “done by the muscles without any control by the mind”. There must be a total loss of control of the body and it cannot be self-induced, so alcohol related blackouts don’t count.

Diminished Responsibility

This is a partial defence to murder only. It can reduce murder to manslaughter. Generally speaking, the defendant must prove that he was suffering from an abnormality of mind caused by something inherent and which substantially impaired the defendant’s responsibility for the killing. It does not have to be the only cause provided it still substantially impaired the mental responsibility of the defendant.

Provocation

This is another partial defence to murder, but is not a defence to any other offences. There are two stages to the test for provocation: The first is that the defendant must have been provoked and lost his self control. This depends on the evidence and what the jury decides. The second stage is to decide whether the provocation was enough to make a reasonable man react in that way.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Each state and territory has its own criminal laws, as follows:

New South Wales

Criminal offences under New South Wales law are based on the common law and some statutory provisions in the Crimes Act 1900 (NSW).

Victoria

Most crimes in Victorian jurisdiction are codified in the Crimes Act 1958 (Vic.). There are also a number of common law provisions for criminal conduct within Victoria.

Queensland

The Criminal Code Act 1899 (Qld) is the primary instrument for the source of criminal law in Queensland. The Criminal Code Act was largely the product of Sir Samuel Walker Griffith, then Chief Justice of the Supreme Court of Queensland (and formerly Premier).

South Australia

Most crimes in South Australia are codified in the Criminal Law Consolidation Act 1935 (SA). There are also a number of common law provisions for criminal conduct in South Australia.

Tasmania

Tasmania's serious criminal offences, like those in Queensland and Western Australia, are set in a single piece of legislation, the Criminal Code Act 1924. This includes serious offences against the person (murder, manslaughter, death by dangerous driving, wounding, rape, sexual assault), against property (computer crimes, stealing, burglary, robbery and the like) and against society (bribery of public officials, treason, etc.).

Like the Queensland and Western Australian legislation, the mental element (or mens rea) is located under section 13 of the Code, requiring that an act or omission be "voluntary and intentional" for a crime to have occurred. The intent of this is to rule out circumstances where a person is not in control of their own actions - for instance, automatism, insanity, and for some offences, intoxication.

There are numerous other laws where criminal offences may be found. These include the Firearms Act (offences relating to ownership or use of firearms or ammunition), the Police Offences Act (less serious criminal acts and breaches of the peace), the Road Safety (Alcohol and Drugs) Act for drink driving, amongst many others.

Western Australia

Western Australia has an almost exhaustive codification of criminal law in a Criminal Code substantially based on the Queensland one.

Northern Territory

The Northern Territory has also an almost exhaustive codification of criminal Law in a similar Criminal Code to that of Queensland and Western Australia. In fact, the drafting of the NT Criminal Code Act 1983, reflected aspects of both the QLD and WA Criminal Codes.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

Further Resources - Criminal Law & Lawyers

Additional Information - Criminal Law & Lawyers

Criminal Law & Lawyers News

News, updates and further information - Criminal Law and Criminal lLwyers

Common Law and Code Jurisdictions

Australian criminal law was originally received from the English common law, which continued to evolve in Australian courts. Although all states also have some legislation on the criminal law, in some states criminal law has been codified whereas in other the bulk of the law is based on the common law. These may be referred to as ‘common law jurisdictions’ and ‘code jurisdictions’.

New South Wales, South Australia and Victoria are common law jurisdictions. These States have Crimes Acts which list the most common offences and fix their penalties, but do not always exhaustively define the elements of the offence e.g. Crimes Act 1900 (NSW). It is settled law in the common law jurisdictions that only Parliaments, not the courts, can create new offences.

The “code jurisdictions” are the Commonwealth, the Australian Capital Territory, the Northern Territory, Queensland, Tasmania, and Western Australia. In these jurisdictions a statutory code has been introduced to be a comprehensive statement of criminal law, and are interpreted to replace the common law except in cases of ambiguity. Codification in some cases involved a simple enactment of the common law into a statutory instrument. In other cases the changes were greater as the code was based on legislative instruments from other jurisdictions.

Legislation (including the criminal codes) is further refined by the method of judicial precedent and interpretation.

In addition to explicitly titled criminal code legislation there exists in most jurisdictions a further body of legislative or case precedent, the breach of whose conditions may result in criminal proceedings. e.g. Summary Offences Act 1966 (Vic)

Law enforcement and police

The police in Australia are responsible for keeping peace and order in the community and bringing before the court people they believe have broken the law. Although police officers may arrest people and give evidence in court, they do not decide whether or not people are guilty of crimes. This is the responsibility of the courts.

Australia has a national police force—the Australian Federal Police—that investigates offences against federal laws, including drug trafficking, illegal immigration, crimes against national security and crimes against the environment.

All states of Australia and the Northern Territory have their own police forces that deal with crimes under state or territory laws. Policing in the Australian Capital Territory is handled by the Australian Federal Police.

Australian Crime Commission

The Australian Crime Commission was established in January 2003 (replacing the National Crime Authority) as an independent statutory body to work nationally with federal, state and territory agencies, principally to counter serious and organised crime. It brings together all arms of Australian intelligence gathering and law enforcement to coordinate the fight against major crime.

If you need a Criminal Lawyer then please complete our free legal enquiry form, located on the left, or click here.

History / Chronology of Criminal Law

Introduction

This chronology aims to document the important milestones in Commonwealth criminal law.

Constitutionally the Commonwealth Parliament has no general power to legislate in relation to crime. State and Territory governments are mandated by their Constitutions to legislate for the peace, order and good government of their jurisdictions. They have a general power to maintain public order and to protect individuals who reside within their State and their property.

The constitutional basis for the Crimes Act 1914, the Criminal Code Act 1995 and offence provisions in other Commonwealth legislation is found in the express incidental power in section 51 (xxxix) of the Constitution or in the implied incidental powers contained in the heads of power in sections 51 and 52 and in the executive power in section 61. The majority of Commonwealth criminal offences and penalties are to be found in various Commonwealth statutes dealing with widely differing subjects, eg customs and excise, taxation, insurance, social security, broadcasting and the Internet.

The Commonwealth’s powers to legislate have been greatly expanded through the external affairs power (section 51 (xxix)). The Tasmanian Dams case in the High Court confirmed that the Commonwealth is able to enact legislation to fulfil obligations incurred through its ratification of treaties covering areas otherwise outside its constitutional capacity
Another area of Commonwealth expansion into the area of criminal law has been the few occasions where the States have considered that a national law is preferable to a set of State laws and have referred their constitutional powers to legislate to the Commonwealth. This has happened, for example, in the areas of corporations regulation (2001) and anti-terrorism legislation (2002).

Commonwealth criminal legislation, therefore, began mainly covering offences against the Commonwealth and its institutions, or against Commonwealth officers, property or revenue. It has expanded, through the reasons mentioned above, to cover other areas of national concern.

This introduction is based on Report of the Review of Commonwealth Law Enforcement Arrangements, AGPS, Canberra, 1994, p. 10-11.

Milestones Details Source Documents

1899 1899 Queensland passes first Criminal Code, developed by Sir Samuel Griffith, which incorporates common law and statutory offences into one piece of legislation. Similar Codes were enacted in Western Australia in 1902, in Tasmania in 1922 and in the Northern Territory in 1983. Unsuccessful attempts to introduce a Criminal Code were made in South Australia in 1901-02 and in Victoria in 1904-12. The Commonwealth and the ACT passed Criminal Code Acts in 1995 and 2002 respectively based on the work of the Model Criminal Code Officers' Committee Criminal Code Act 1899 (Qld)Historical background to the Code (OzCase)
1901 January 1. Commonwealth Constitution comes into force. Criminal law matters were generally left to the States except for matters coming under Commonwealth jurisdiction Commonwealth of Australia Constitution Act 1900
1901 First Commonwealth criminal offences created in the Audit Act, dealing with public service fraud, forgery and perjury. Comes into force on 1 January 1902 Audit Act 1901
1903 First treason trial after 1900 involving an Australian. Colonel Arthur Lynch, an Australian, was found guilty by a UK court of fighting with the Boers in the South African War. Other treason trials were held in 1945. Australian Dictionary of Biography
1905 As a result of a scandal in the dairy industry the first corruption offences were introduced Secret Commissions Act 1905
1906 January 1. First prohibition of a recreational drug made, by proclamation under the Customs Act 1901, when importing opium was prohibited except for medicinal purposes Commonwealth of Australia Gazette, no. 64, 30 December 1905, p. 1003
1907 First drug case heard by the High Court deals with importation of opium Irving v Nashimura [1907] HCA 50 ; (1907) 5 CLR 233
1910 Drug offences greatly expanded by addition of section 233B to the Customs Act 1901 which makes importation or possession of illegally imported substances a Commonwealth offence Customs Act 1910 s. 11
1914

1914 September
Commonwealth Crimes Act passed containing the most serious offences against the Commonwealth (eg treason) which carried the death penalty or committed by Commonwealth officers (eg divulging official secrets). It has been gradually superseded by the Criminal Code Act 1995.

Customs Proclamation dated 7 September 1914 prohibiting the importation of non-medicinal opium
Crimes Act 1914

 

Commonwealth of Australia
Gazette, no. 71, 12/9/1914



1917 Legislation passed to establish a Commonwealth Police Force. Prime Minister Billy Hughes was disappointed at the lack of action by Queensland police when an egg was thrown at him. The Force was established by an order published in the Commonwealth Gazette No. 215 12 December 1917, pp 3341-3342. It was abolished in 1919 and its functions taken over by the Investigation Branch of the Attorney-General’s Dept War Precautions Regulations 1916, Reg 64D, inserted by Statutory Rule no 317, 1917, made 27 November 1917
1920 Sedition made a Commonwealth offence, by inserting s. 24A-24F into the Crimes Act 1914 War Precautions Act Repeal Act 1920
1924 Customs Proclamation dated 18 April 1924 prohibiting the export of non-medicinal opium Commonwealth of Australia Gazette, no. 26, 24/4/1921
1926 Following the 1925 Geneva Convention Concerning the Suppression of the Manufacture of, Internal Trade in, and Use of Prepared Opium, the Commonwealth bans the import and export of cannabis (Customs Proclamations nos 134 & 135).

Amendments to the Crimes Act bans unlawful revolutionary associations.
Commonwealth of Australia Gazette, no. 115, 25/11/1926


Crimes Act 1926
1928 First Commonwealth firearms legislation; introduced the offence of discharging any firearm on or over Commonwealth land Crimes Act 1928
1939 National security legislation gave the government wide powers to conduct the war, control resources and deal with enemy sympathisers. It was repealed in 1946 National Security Act 1939
1941 Australian Security Service, the forerunner of the Australian Security Intelligence Organisation, established
1942 Offences re broadcasting blasphemous, indecent or obscene material made.

Peace Officer Guard established. In 1960 it amalgamated with the Commonwealth Investigation Service to form the Commonwealth Police Force.
Australian Broadcasting Act 1942


Statutory Rule no. 212 of 1942
1945 First war crimes legislation provides for trial and punishment of European war criminals War Crimes Act 1945
1946 Commonwealth Investigation Service established

First and last Commonwealth treason trial. Major Charles Cousens was committed for trial in the Sydney Magistrates Court in August 1946. The charge was dropped due to lack of evidence.

The Australian Encyclopedia, 1996, p. 2957, states that Albert Stokes was found guilty of treason for joining the Nazi “British Free Corps’ in 1944. In fact he was found guilty in a 1945 UK court martial of aiding the enemy, under the Army Act (UK). He served one year in Fremantle prison. Source: National Archives Recordsearch.

See also the 1903 UK trial of Australian Colonel Arthur Lynch (above).
Commonwealth Gazette, No.145, 8 August 1946


Australian Dictionary of Biography; See also ‘Ex parte Cousens; Re Blacket and another’ State Reports (NSW), 1947, vol. 47, pp. 145-150
1949 March 16. Australian Security Intelligence Organization (ASIO) established, under the administrative control of the Attorney-General’s Dept. It was put on a statutory basis in 1956.

Offences dealing with victims of war and genocide created.
Prime Minister’s Directive


Geneva Conventions Act 1949; Genocide Convention Act 1949
1953 The last sedition trial in mainland Australia was an unsuccessful prosecution by the Menzies Government of another member of the Communist Party in Sweeny v Chandler, an action prosected in the Sydney Court of Petty Sessions, which resulted in dismissal of the charges on the 18th September 1953. See 1960 for the last federal prosecution.
1956 ASIO, established in 1949, made a statutory body Australian Security Intelligence Organization Act 1956
1960 Major amendments made to Crimes Act re sentencing, treason, defacing coinage, espionage, official secrets, conspiracy, etc.

The last federal prosecution and jailing for sedition was in 1960, when Department of Native Affairs officer Brian Cooper was prosecuted under the Criminal Code (Qld) for urging "the natives" of Papua New Guinea to demand independence from Australia . He was convicted and sentenced to two months' imprisonment with hard labour. He committed suicide four years after losing his appeal.

Peace Officer Guard and Commonwealth Investigation Service were merged to form the Commonwealth Police Force.

First telecommunications interception legislation.
Crimes Act 1960

 

Cooper v. The Queen [1961] HCA 16; (1961) 105 CLR 177

 

Commonwealth Police Act 1957


Telephonic Communications (Interception) Act 1960
1963 Offences committed on aircraft legislated Crimes (Aircraft) Act 1963
1964 Procedures for civilians serving with United Nations who commit offences implemented Crimes (Overseas) Act 1964
1966 Extradition legislation passed. Before this the Commonwealth used United Kingdom legislation and treaties Extradition (Commonwealth Countries) Act 1966; Extradition (Foreign Countries) Act 1966
1967 Although the Commonwealth does not operate any prisons, it passed legislation providing for minimum terms of imprisonment for Commonwealth offenders

Single Convention on Narcotic Drugs implemented in order to regulate the manufacture of certain drugs for medicinal purposes
Commonwealth Prisoners Act 1967

 

Narcotic Drugs Act 1967
1971 Violent demonstrations in Territories or on Commonwealth premises attract a penalty of 3 months imprisonment. Public Order (Protection of Persons and Property) Act 1971
1972 Australian Institute of Criminology and the Australian Criminology Research Council established. The Act commenced late 1972 and the AIC began operation in 1973.

Convention for the Suppression of Unlawful Seizure of Aircraft implemented
Criminology Research Act 1971

Crimes (Hijacking of Aircraft) Act 1972; Crimes (Protection of Aircraft) Act 1973
1973 Death penalty abolished for Commonwealth offences. States and Territories had already abolished capital punishment from 1922-1985

The Committee on Computerisation of Criminal Data recommends an Australian Crime Information Centre (ACIC) be established to store, retrieve and analyse criminal justice information

October 18. House of Representatives passes the motion “That … homosexual acts between consenting adults in private should not be subject to the criminal law”. It results in the draft Law Reform (Sexual Behaviour) Ordinance 1975 (A.C.T.)
Death Penalty Abolition Act 1973. See also Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010

Report, August 1973. Attorney-General’s Dept, Canberra. Tabled but not printed. List number 416/1975


Attorney-General’s press release 41/75, (28/5/1975)
1974 Whitlam government establishes the federal Law Reform Commission (later Australian Law Reform Commission). Its first 2 reports in 1975 were Complaints against police and Criminal investigation.

Report of the Committee of Inquiry into a national forensic institute (est 4 Dec 1973). Chair L.G. Clark .
Law Reform Commission Act 1973

Report. Canberra : Govt. Printer, 1974. Parliamentary paper no. 58 of 1974
1975 Report of the Working Party on Territorial Criminal Law proposes and contains a draft new Crimes Ordinance for the A.C.T. to replace the Crimes Act 1900 (NSW) as applied to the A.C.T. The Crimes Act did not start to be replaced until the Criminal Code 2002 was passed by the ACT Legislative Assembly under self government.

March 27. Department of Police and Customs established to bring law enforcement operations together. Press release p.209

September 26. The Whitlam Government passed control of ASIO from the Attorney-General's Department to the Department of the Prime Minister and Cabinet.

In December the Fraser Government transferred control of ASIO back to the Attorney-General's Department.

October 29. Australia Police Bill introduced implementing Cabinet decision no. 1433 of 15/10/1973 and subsequent report by A.T. Carmody to establish a national police force to amalgamate all federal police agencies ie A.C.T., Northern Territory, Commonwealth, police forces, customs & narcotics bureau. The Bill also contained provisions to implement Australian Law Reform Commission recommendations relating to complaints against police. The bill did not pass. A more limited merger occurred later in 1979.
Australian Government Publishing Service, Canberra. Tabled but not printed. List no 318/1975

 

Commonwealth Gazette No S59, 27 March 1975

 

Administrative Arrangements Order 26/9/1975 (Commonwealth Gazette No. S192, 29 September 1975)

Administrative Arrangements Order 22/12/1975 (Commonwealth Gazette No.S262, 22 December 1975)

 

Australia Police Bill 1975. A.T. Carmody, National Law Enforcement Authority, April 1974. Tabled but not printed. List no. 384/1975
1976 Convention on Psychotropic Substances implemented.

Two terrorism conventions implemented
Psychotropic Substances Act 1976

Crimes (Biological Weapons) Act 1976; Crimes (Internationally Protected Persons) Act 1976
1977 Australian Royal Commission of Inquiry into Drugs established by the Commonwealth, Victorian, Tasmanian, Western Australian & Queensland Governments and headed by Justice E.S. Williams. It recommended increased law enforcement of drug control and the establishment of a Australian Bureau of Criminal Intelligence. Reports published as Parliamentary Paper numbers 275/1979, 2529/1980, 226/1980
1978 Last act of terrorism in Australia . A bomb explodes outside the Sydney Hilton Hotel in February 1978.

Offences created re entering other countries for the purpose of engaging in hostile activities
Crimes (Foreign Incursions and Recruitment) Act 1978
1979 Following the Hope Royal Commission on Intelligence and Security, ASIO legislation was revised

Commonwealth Police and A.C.T. Police merge to become Australian Federal Police (AFP).

The Standing Advisory Committee on Commonwealth-State Cooperation for Protection Against Violence (SAC-PAV) hold its first meeting.

Legislation passed to clarify which Australian State and Territory criminal laws apply to ships and coastal waters, replacing previous UK legislation
Australian Security Intelligence Organization Act 1979


Australian Federal Police Act 1979

 

Crimes at Sea Act 1979
1980 Royal Commission into the Activities of the Federated Ship Painters and Dockers Union established by the Commonwealth and Victorian Governments and headed by Mr Frank Costigan QC. It made recommendations in the areas of organised crime, bottom of the harbour tax evasion, drug trafficking, waterfront crime and criminal investigation techniques Reports published as Parliamentary Paper numbers 72/1982, 185/1982, 223/1983, 284-289/1984
1981 Royal Commission of Inquiry into Drug Trafficking established by the Commonwealth, NSW, Victorian & Queensland Governments and headed by Justice D.G. Stewart. It makes 102 recommendations in the areas of law enforcement agencies, criminal intelligence systems, police powers, complaints against police, deportation and extradition and financial investigations Reports published as Parliamentary Paper numbers 288/1982, 41/1983, 186/1983 [NZ Report]
1981 Australian Bureau of Criminal Intelligence established Agreement between the Commonwealth, State and Northern Territory Governments 6/2/1981. Tabled 18/8/82
1982 Legislation passed by the Fraser government to establish a national investigative body, the National Crimes Commission. The act was never brought into force by the new Hawke government, which instead set up the National Crime Authority in 1984 National Crimes Commission Act 1982
1983 Royal Commission of Inquiry into the activities of the Nugan Hand Group [extension of the Royal Commission of Inquiry into Drug Trafficking 1981-1983] Chair: Justice D.G. Stewart. It recommends enhanced cooperation with countries re banking records and changes to companies and auditing legislation Reports published as Parliamentary Paper numbers 275/1983, 65/1985, 368-369/1985
1983 May Royal Commission on Australia's Security and Intelligence Agencies established. Chair Mr Justice R. M. Hope. It recommends increased ministerial control of ASIO and the establishment of an Inspector-General to oversee agencies Reports published as Parliamentary Paper numbers 323/1983, 1/1984, 230-232/1985
1984 March Director of Public Prosecutions established on 5 March 1984 to prosecute offences under Commonwealth law. This task had previously been done by the Deputy Crown Solicitor’s Office Director of Public Prosecutions Act 1983
1984 July National Crime Authority (NCA) established to investigate national crime issues National Crime Authority Act 1984
1985 Royal Commission of Inquiry into Alleged Telephone Interceptions established. Chair: Justice D.G. Stewart. Recommends additional bodies be able to intercept telephones and safeguards for the issuing of interception warrants Report published as Parliamentary Paper number 155/1986
1987 Review of Commonwealth Criminal Law established ( Sir Harry Gibbs (chair), Ray Watson , Andrew Menzies ). Issues discussion papers, 5 interim reports & a final report (1988-1991)

 

Australian Protective Service (APS) established to provide security at Commonwealth premises.

Assets of convicted criminals now subject to confiscation.

Special Investigations Unit (later War Crimes Prosecution Support Unit) established in the Attorney-General’s Dept to investigate prosecutions of alleged Nazi war criminals. It was abolished in 1994
[1st] interim report: computer crime 1988. PP* 111/1989

[2nd] interim report: detention before charge 1989. PP 112/1989

[3rd] interim report: principles of criminal responsibility and other matters 1990. PP 195/1991

4th interim report 1990. PP 319/1990

5th interim report 1991. PP 194/1991

Final report 1991. PP 371/1991
All on Senate Tabled Papers Database

 

Australian Protective Service Act 1987

Proceeds of Crime Act 1987

1988 3 inquiries into violence established:
National Inquiry into Racist Violence (Human Rights and Equal Opportunity Commission (Moss / Castan inquiry));
Australian Broadcasting Tribunal Inquiry into Violence in Television;
National Committee on Violence into Violence in Australian Society
Extradition laws rewritten and amended

An amendment to the Constitution to extend the right to trial by jury was rejected at referendum
Report, 1991 (PP 100/1991)

TV Violence in Australia , 1990 (PP 131-134/1990)

Violence: directions for Australia, 1990

Extradition Act 1988

Constitution Alteration (Rights and Freedoms) Bill 1988

1990 June 28 SCAG decides to establish the Criminal Law Officers Committee (CLOC) consisting of members from all jurisdictions to develop a national model criminal code. Between 1992 and 2002 it issues 12 discussion papers, 11 reports and 5 model provisions

July 1st. Crimes Act 1900 (NSW) as applied to the ACT passes from Commonwealth Attorney-General to the A.C.T. Government
Model Criminal Code

 

A.C.T,. Administrative Arrangements, 4/7/1990

1992 Penalty units (equivalent to $100) introduced at the federal level. The unit was changed to $110 in 1997. Units were first introduced in Victoria in 1981

Australian Protective Service transferred from the Department of Administrative Services to the Attorney-General’s Department
Crimes Legislation Amendment Act 1992

Administrative Arrangements Order, 30 June 1992, Gazette GN27, 8 July 1992, p. 1834

1993 Criminal Law Officers Committee changes its name to Model Criminal Code Officers' Committee (MCCOC)

Review of Law Enforcement Arrangements established under the chair of Bill Coad. Its 1994 report led to changed arrangements within the Attorney-General’s Department dealing with law enforcement.

 

Report. AGPS, 1994 ISBN 0644332964

1994 Federal Justice Office replaced by the Commonwealth Law Enforcement Board (CLEB) within the Attorney-General’s Department

First Commonwealth sex offences, dealing with under age sex by tourists overseas

Human Rights (Sexual Conduct) Act enacted to override Tasmania's anti sodomy law contained in its Criminal Code. The first time the federal government uses its external affairs power under s 51 of the constitution to override a state criminal law

Crimes (Child Sex Tourism) Amendment Act 1994

 

Human Rights (Sexual Conduct) Act 1994

1995 Criminal Code Act 1995 implements provisions of the first report of MCCOC issued in 1992 on criminal responsibility. The Code is becoming the main piece of legislation containing federal offences, superseding the Crimes Act 1914. It also abolished all common law offences (s.1.1) Criminal Code Act 1995
1996 On 28 April a lone gunman killed 35 people at Port Arthur, Tasmania. This led to the Commonwealth passing legislation to implement a gun buyback scheme to assist the States recall certain firearms and to restrict importation of various firearms National Firearms Program Implementation Act 1996

Customs (Prohibited Imports) Regulations 1956

1997 Commonwealth legislates to repeal decriminalisation of euthanasia in the Northern Territory. First use of Commonwealth territories power to override a territory law. Euthanasia Laws Act 1997
2000 CrimTrac Agency established to provide national databases of criminal information eg DNA, fingerprints, child sex offenders CrimTrac Agreement
2001 Corporations power referred from the States. This was the most significant transfer of constitutional power from the States to the Commonwealth. Legislation provides for offences committed by corporations and their directors and boards Corporations Act 2001 and related State and Territory legislation
2002 First Commonwealth anti-terrorism legislation. The Northern Territory in its Criminal Code was the first jurisdiction to make terrorist actions an offence in 1982

Commonwealth, State and Territories Agreement on Terrorism and Transnational Crime 2002 leads to referral of anti-terrorism powers to the Commonwealth

Australia implements the Rome Statute of the International Criminal Court and accepts the jurisdiction of the Court to investigate and prosecute genocide, war crimes and crimes against humanity
Security Legislation Amendment (Terrorism) Act 2002

Text of Agreement (see p. 16)
Criminal Code Amendment (Terrorism) Act 2003


International Criminal Court Act 2002

2003 On 1 January 2003 the Australian Crime Commission replaces the National Crime Authority (NCA), Office of Strategic Crime Assessments (OSCA) and the Australian Bureau of Criminal Investigation (ABCI) The Australian Crime Commission: Commonwealth, State and Territory Agreement of 9 August 2002 (see p.13)
Australian Crime Commission Establishment Act 2002
2006 Law Enforcement Integrity Commission established to investigate misconduct by law enforcement officials

First conviction under sex slavery and sexual servitude provisions in the Criminal Code. Ms Wei Tang was convicted of 10 charges in the Victorian County Court
Law Enforcement Integrity Commissioner Act 2006

Minister for Justice Press Release 9/6/06

2010 Commonwealth legislates to prohibit States from reintroducing the death penalty, and to implement the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010


Other Criminal Law Issues include:

Firearms
Mandatory Sentencing
Terrorism
War Crimes see International Law
Federal Legislation
Australian Crime Commission Act 2002
formerly National Crime Authority Act 1984
Australian Security Intelligence Organisation Act 1979
Aviation Transport Security Act 2004
Crimes Act 1914 (Originally the principal act containing Commonwealth offences. Now gradually being superseded by the Criminal Code Act 1995)
Crimes at Sea Act 2000
Crimes (Foreign Incursions and Recruitment) Act 1978
Crimes (Overseas) Act 1964
Criminal Code Act 1995
Criminology Research Act 1971
Director of Public Prosecutions Act 1983
Extradition Act 1988
Intelligence Services Act 2001
Law Enforcement Integrity Commissioner Act 2006
Maritime Transport and Offshore Facilities Security Act 2003
Model Criminal Code
Mutual Assistance in Criminal Matters Act 1987
National Security Information (Criminal and Civil Proceedings) Act 2004 (formerly National Security Information (Criminal) Act 2004
Proceeds of Crime Act 1987
Proceeds of Crime Act 2002 (supersedes but does not repeal the 1987 Act)

Court and Tribunal decisions, law reports etc
Australasian Legal Information Institute (AustLII)

Key National Bodies
Attorney-General's Department
The Department administers general criminal law, the police and many security, customs and counter-terrorism matters. See sections on Crime prevention and enforcement and National security and counter-terrorism
Australian Crime Commission (formerly National Crime Authority)
Australian Institute of Criminology
Australian Security Intelligence Organisation (ASIO)
Crime and justice (Australian Bureau of Statistics)
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TURBULENT YEARS OF CHANGE IN AUSTRALIA'S CRIMINAL ..

 

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Victim Impact Statements in South Australia: An Evaluation ..

 

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Attorney General Annual Report 2004-05

 

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CMC Review of Public Nuisance Laws

 

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Attorney-General's Department Annual Report 2006-07

 

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International Society for the Reform of Criminal Law; Australian and New .. Legal Officer, Criminal Law Branch, Attorney-General's Department, ..

"An Ethics Survey of Australian Criminal Law Practitioners" by Ben ..

 

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Australian Lawyers and Social Change – 30 .. - ANU College of Law

 

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  • Money, property and possessions when your relationship ends
  • If you're ending a marriage or civil partnership
  • If you're not married or in a civil partnership
  • Financial planning when your relationship ends
  • Working out money and property using financial orders - 'ancillary relief'
  • Looking after children if you divorce or separate
  • Looking after children if your relationship ends
  • Children, divorce, separation and courts
To seek legal advice and assistance from a specialist family lawyer regarding your particular legal situation, please complete your FREE legal enquiry form on the left, or click here.
Our Free legal enquiry service extends to every State and Territory Capital including:
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IF you have a legal matter, whether it be family law, conveyancing, property law, compensation law or any other matter requiring personal legal services, then enquiry today - and get the legal help you deserve!

Conveyancing legal advice

Are you looking at buying or selling real estate? If so, then you need legal advice from a
Conveyancing Solicitor. A conveyancing solicitor will help guide you through the process of buying and selling real estate. If you are a purchaser or vendor then it's important you get legal advice regarding your contractual rights and obligations.  To seek legal advice pertaining to conveyancing, please complete free legal enquiry form or click on the following link for further information regarding conveyancing:

Family Law Legal Advice - Divorce Legal Advice
Do you need legal advice regarding any aspect of
family law? are you thinking about having a divorce?  If so then you need legal advice from a qualified family lawyer.  Family laws can be quite complex and difficult to navigate which is why it is important to obtain sound legal advice in order to protect your position. Our free legal enquiry service covers all aspects of family law. So if you need a family lawyer to give you the best legal advice regarding your legal situation, then don't delay enquire today!

Have you been in a car accident?

If you have been involved in a car accident, then the chances are that you could be entitled to claim compensation. It is important you seek legal advice immediately following are car accident as there are stringent time limits that apply to the making of CTP claims.

If you have suffered a personal injury in a car accident, either as a:  driver, passenger, cyclist, motor cycle rider or pedestrian, you could be entitled to claim compensation, whether you have minor soft tissue injuries, whiplash, broken limbs, head injuries or far more serious injuries. It is important you obtain sound legal advice without any delay. Enquire today to find out what compensation you could be entitled to.

To find out what compensation entitlements you could receive for your injuries please complete our no obligation, FREE Online legal Enquiry Form

Car accidents happen every day. If you have been affected from a road related incident, the chances are you could be entitled to claim a compensation payout. You should seek legal advice immediately. even if you are the victim of a hit-and-run accident you could still be eligible to claim compensation. Please complete your free legal enquiry form to find out more.

There are time limits that apply to CTP claims and it is important to seek legal advice immediately to ensure that your rights entitlements are protected.

Have you been involved in an accident with uninsured vehicle?

If so then you could be Eligible to claim compensation against the nominal defendant.

It is important to seek legal advice immediately. - please complete your free legal enquiry form to be put in contact with a lawyer who can help you with your claim.

If you have been injured in a Road related accident either as a driver, passenger, pedestrian, motorcyclist or cyclist, you could be entitled to claim a significant compensation payout. You should seek legal advice immediately to find out what you could be entitled to claim.

Legal advice for family law matters

Do you need legal advice regarding family law? If so, please complete your free legal enquiry form. Going through a separation and divorce can be a difficult time for those involved and that's why the process needs to run as smoothly as possible. It is therefore important that proper legal advice be obtained from a qualified legal practitioner practising family law who can help you and give you the legal advice you need to guide you through your difficult situation and ensure that the matter is dealt with as fairly as possible. Please complete your free legal enquiry form to find out more.

Car Accident Compensation

Have you been in a car accident? where you a driver, rider, passenger or pedestrian? If you answered "yes" to any of those questions, then you could be entitled to claim a significant compensation payout. To find out more please complete your free legal enquiry form.

 

Cyclist Accidents and Injuries

Quite often cyclists are not given proper care and attention by other road users. This can result in accidents occurring between car, trucks and other motor vehicles with bicycle riders. Motorists often fail to give way to cyclists therby causing an accident with the cyclist.

If you are a cyclist who has been involved in an accident, then the chances are you could be entitled to receive a significant compensation payout from the CTP insurer of the driver that caused the accident.

To find out more, please complete your free legal enquiry form.

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