ALECOMM

"Crimes Act 1900 - Section 545B - Intimidation or Annoyance by Violence or Otherwise"

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Category: Legislation and Acts

Created: Tuesday, 14 February 2012 14:41

Written by Alecomm2

(1) Whosoever:

(a) with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, or

(b) in consequence of such other person having done any act which he had a legal right to do, or of his having abstained from doing any act which he had a legal right to abstain from doing,

wrongfully and without legal authority:

(i) uses violence or intimidation to or toward such other person or his wife, child, or dependant, or does any injury to him or to his wife, child, or dependant, or

(ii) follows such other person about from place to place, or

(iii) hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof, or

(v) follows such other person with two or more other persons in a disorderly manner in or through any street, road, or public place,

is liable, on conviction before the Local Court, to imprisonment for 2 years, or to a fine of 50 penalty units, or both.

(2) In this section:
"Intimidation" means the causing of a reasonable apprehension of injury to a person or to any member of his family or to any of his dependants, or of violence or damage to any person or property, and "intimidate" has a corresponding meaning.
"Injury" includes any injury to a person in respect of his property, business, occupation, employment, or other source of income, and also includes any actionable wrong of any nature.

(Source : http://corrigan.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s545b.html)

"Crimes Act 1900 - Section 351B - Aiders and Abettors Punishable as Principals"

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Category: Legislation and Acts

Created: Tuesday, 14 February 2012 14:55

Written by Alecomm2

(1) Every person who aids, abets, counsels or procures the commission of any offence punishable on summary conviction may be proceeded against and convicted together with or before or after the conviction of the principal offender.

(2) On conviction any such person is liable to the penalty and punishment to which the person would have been liable had the person been the principal offender.

(3) This section applies to offences committed before or after the commencement of this section.

(4) This section applies to an indictable offence that is being dealt with summarily.

"Cartel Provisions - Competition and Consumer Act 2010 - Section 44ZZRD "

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Category: Legislation and Acts

Created: Monday, 04 February 2013 10:47

Written by Alecomm2

COMPETITION AND CONSUMER ACT 2010 - SECT 44ZZRD

Cartel provisions

             (1)  For the purposes of this Act, a provision of a contract, arrangement or understanding is a cartel provision if:

                     (a)  either of the following conditions is satisfied in relation to the provision:

                              (i)  the purpose/effect condition set out in subsection (2);

                             (ii)  the purpose condition set out in subsection (3); and

                     (b)  the competition condition set out in subsection (4) is satisfied in relation to the provision.

Purpose/effect condition

             (2)  The purpose/effect condition is satisfied if the provision has the purpose, or has or is likely to have the effect, of directly or indirectly:

                     (a)  fixing, controlling or maintaining; or

                     (b)  providing for the fixing, controlling or maintaining of;

"Cartel Provisions of the Competition and Consumer Act 2010 - Section 44zrd"

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Category: Legislation and Acts

Created: Monday, 04 February 2013 10:57

Written by Alecomm2

COMPETITION AND CONSUMER ACT 2010 - SECT 44ZZRD

Cartel provisions

             (1)  For the purposes of this Act, a provision of a contract, arrangement or understanding is a cartel provision if:

                     (a)  either of the following conditions is satisfied in relation to the provision:

                              (i)  the purpose/effect condition set out in subsection (2);

                             (ii)  the purpose condition set out in subsection (3); and

                     (b)  the competition condition set out in subsection (4) is satisfied in relation to the provision.

Purpose/effect condition

             (2)  The purpose/effect condition is satisfied if the provision has the purpose, or has or is likely to have the effect, of directly or indirectly:

                     (a)  fixing, controlling or maintaining; or

                     (b)  providing for the fixing, controlling or maintaining of;

"Surveillance Devices Act 2007 - Section 11 Prohibition on Communication or Publication of Private Conversations or Recordings of Activities"

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Category: Legislation and Acts

Created: Sunday, 03 March 2013 00:05

Written by Alecomm2

There has been much discussion over whether or not persons can record their conversations wiith the Child Protection workers.  It would seem that the clear answer is yes.  

The law states that it is okay to record a conversation " if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of serious violence to persons or of substantial damage to property".

Given that it is a criminal offence, and a very serious one, to remove a child without lawful excuse, i would classify this as a definite emminent threat of serious violence.  Aggravated kidnap, is whereby two or more persons are involved in the kidnap - and there are generally more than one caseworker involved in the kidnap of our children using false and misleading information. 

" Crimes Act 1900 No 40 - Section 545B- Intimidation or annoyance by violence or otherwise"

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Category: Legislation and Acts

Created: Wednesday, 13 March 2013 01:30

Written by Alecomm2

"Crimes Act 1900 No 40 - Section 249M - Menaces"

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Category: Legislation and Acts

Created: Wednesday, 13 March 2013 02:37

Written by Alecomm2

249M   Menaces—meaning

(1)  For the purposes of this Part, menaces includes:

(a)  an express or implied threat of any action detrimental or unpleasant to another person, and

(b)  a general threat of detrimental or unpleasant action that is implied because the person making the unwarranted demand holds a public office.

(2)  A threat against an individual does not constitute a menace unless:

(a)  the threat would cause an individual of normal stability and courage to act unwillingly in response to the threat, or

(b)  the threat would cause the particular individual to act unwillingly in response to the threat and the person who makes the threat is aware of the vulnerability of the particular individual to the threat.  ^{_{(Source : http://www.legislation.nsw.gov.au/maintop/view/inforce/act+40+1900+cd+0+N)}}

Children and Young Persons (Care and Protection Act) 1998 - Sect 33 - Investigation if allegation made against staff of Department

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Category: Legislation and Acts

Created: Saturday, 06 February 2010 19:02

Written by Alecomm

(1) If a report alleges abuse of a child or young person by a person employed in that part of the Department comprising those members of staff who are principally involved in the administration of this Act, the Director-General must arrange for the report to be investigated in accordance with arrangements made between the Director-General and the Ombudsman.

(2) A person appointed in accordance with those arrangements may exercise the functions of the Director-General under this Chapter.

Note: Sections 25C and 25D of the Ombudsman Act 1974 make provision with respect to the notification of the Ombudsman by the Director-General of child abuse by employees of the Department.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/caypapa1998442/s33.html

Children and young Persons (Care and Protection) Act 1998 - Section 9 - Principles for administration of Act

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Category: Legislation and Acts

Created: Saturday, 06 February 2010 19:07

Written by Alecomm

9 Principles for administration of Act

(1) This Act is to be administered under the principle that, in any action or decision concerning a particular child or young person, the safety, welfare and well-being of the child or young person are paramount.

(2) Subject to subsection (1), the other principles to be applied in the administration of this Act are as follows:

Employees Liability Act 1991 - Sect 5 Act not to apply to serious misconduct of employee or to conduct not related to employment

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Category: Legislation and Acts

Created: Sunday, 21 February 2010 13:48

Written by Alecomm

This Act does not apply to a tort committed by an employee if the conduct constituting the tort:

(a) was serious and wilful misconduct, or

(b) did not occur in the course of, and did not arise out of, the employment of the employee.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/ela1991217/s5.html

Legal Profession Act 2004 - Sect 730A Duty to report suspected offences

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Category: Legislation and Acts

Created: Sunday, 21 February 2010 14:05

Written by Alecomm

(1) This section applies if the Commissioner or a Council suspects on reasonable grounds, after investigation or otherwise, that a person has committed an offence against any Act or law.

(2) The Commissioner or Council must:

(a) report the suspected offence to any relevant law enforcement or prosecution authority, and
(b) make available to the authority the information and documents relevant to the suspected offence in its possession or under its control.

(3) The obligation under subsection (2) (b) to make available the information and documents continues while the Commissioner or Council holds the relevant suspicion.

(4) This section does not apply to:

(a) offences against this Act or the Legal Profession Act 1987 or the regulations under either Act, or
(b) offences specified, or of a class or description specified, by the regulations for the purposes of this section.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/lpa2004179/s730a.html

Children & Young Persons (Care & Protection) Act 1998 -Sect 253 False or misleading statements

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Category: Legislation and Acts

Created: Friday, 19 March 2010 11:10

Written by Alecomm

A person must not, in any application under this Act or the regulations or in connection with an inquiry made by the Director-General in relation to any such application:

(a) make a statement, or
(b) furnish information, that the person knows to be false or misleading in a material particular.

Maximum penalty: 5 penalty units.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/caypapa1998442/s253.html