Issue 58 - December 2008

• Drink driving offences attract harsher penalties in Local Courts
• Kindergarten ID
• Nationalisation of Consumer Credit Code regulation
• Two Build Constructions
• Urgent applications to the Family Court
• The Verdict

Think before getting behind the wheel this Christmas Drink driving offences attract higher penalties in Local Courts

With Christmas and the Christmas Party season approaching, it is worthwhile remembering not to drink and drive.

A recent study by the Judicial Commission of New South Wales has shown that, although there has been a reduction in the number of offenders sentenced in the Local Court for high range and mid range drink driving, there has been an increase in the number of low range drink driving offences appearing before the Local Courts.  Drink driving in general is the most common offence on the Local Court Criminal List.

Importantly, the Local Courts have substantially increased the severity of penalties for high range drink driving offences.  The use of gaol sentences has almost doubled for high range offenders since 2002.  Where gaol sentences are imposed, the median time of sentence for full time imprisonment or periodic detention has increased from 6 months to 8 months since 2002.

We hope that none of your friends or relatives find themselves charged with drink driving or other offences over the Christmas period however, if any assistance is needed, please remember that we have our offices at Miranda open every business day except for public holidays.  For further assistance in relation to drink driving or any criminal related matters, please contact Kevin Dwyer or Kieran Haydon on 9525 8688 or email kevin@wmdlaw.com.au or kieran@wmdlaw.com.au.

Kindy kids need to show ID to get into the classroom Kindergarten ID

January is an exciting time of year for approximately 80,000 young New South Wales children who start school for the first time.

Parents enrolling their children at school have many things to consider. The NSW Department of Education requires that all parents enrolling their children in school must provide their child’s proof of age before the child can be enrolled.

Ensuring that you have your child’s birth certificate as proof of age is one important item to tick off a parent’s long list of things to do in preparation for their child’s first day at big school.

Each January, the NSW Registry of Births Deaths & Marriages notes a large increase in Birth Certificate applications as parents prepare to send their children to school. We suggest that any parents who will be sending their children to primary school in 2009 order their children’s birth certificates now in order to avoid the last minute rush.

To apply for a birth certificate, download the Application for a Birth Certificate Form from the Registry’s website www.bdm.nsw.gov.au or call 1300 655 236 for more information.

If some complication arises that you require our assistance with, please contact Craig Pryor or email craig@wmdlaw.com.au.

Overhaul of consumer credit regulation Nationalisation of Consumer Credit Code regulation

In October 2008, the Council of Australian Governments (COAG) announced a plan to transfer all current state-based Consumer Credit Regulation to a single national scheme.

Loans that are governed by the current Consumer Credit Codes in each State more often than not include car loans, personal loans, home loans, consumer leases and credit cards.  They do not usually govern loans such as investment loans, business loans, overdrafts or charge cards.

A loan governed by the Consumer Credit Code will usually have the following characteristics:

there is a loan;
the lender is a provider of consumer credit;
interest or fees are charged on the loan;
the loan is predominantly for personal, domestic or household purpose; and
the borrower is a natural person ordinarily resident in Australia.
It is suggested by the COAG that the introduction of the Uniform Consumer Credit Code (UCCC) will improve consumer law enforcement powers, reduce compliance costs for business and increase access to information regarding dispute resolution and consumer issues.

The changes will be done in 2 stages. Stage 1 of the plan is to be completed by mid-2009 which will include:

enacting the UCCC;
establishing that providers of consumer credit and credit-related brokering services must obtain a licence from the Australian Securities & Investments Commission (ASIC); and
extending ASIC’s powers to be the sole regulator of the new UCCC.
Stage 2 of the plan is to be completed by mid-2010 and includes:

modification of specific conduct by consumer credit providers including a review of unfavourable lending practices, such as a review of credit card limit extension offers;
regulation of the provision of credit for small businesses; and
review of the regulation and tailored disclosure of reverse mortgages.
Warren McKeon Dickson will endeavour to keep our clients informed of developments in relation to the new UCCC and the effects of obtaining consumer credit.

For more information in relation in relation to consumer protection and the UCCC, please contact Craig Pryor or David Nicoll or email craig@wmdlaw.com.au or david@wmdlaw.com.au.

Award winning builders Two Build Constructions

We often take the opportunity to introduce the readers of our newsletter to our clients and contacts who offer services which may be of interest or assistance to our readers. This month, we introduce Two Build Constructions.

Congratulations to Two Build Constructions (TBC) for winning the 2008 HIA CSR NSW Housing Award in the category Renovations & Additions under $450,000.  The judges commended TBC on the impressive design efficiency and the quality of their workmanship.

The Gymea-based business was congratulated on keeping the historical identity of the original heritage house when constructing the additions.  Their attention to detail impressed the judges who commented that their “very thoughtful design has resulted in cross-flow ventilation with large bedrooms and an extensive living area”.

Two Build Constructions will now go forward to the 2009 national titles where they are expected to put in a strong showing.  You can see photos of the beautiful workmanship and design of Two Build Constructions' recent projects including construction and completed pictures of the award winning addition at Five Dock at their website www.twobuild.com.au.

Where are your children spending Christmas? Urgent applications to the Family Court

The Family Court national filing deadline to allow the proper and expeditious hearing of contact and/or residence disputes during the 2008/09 summer school holiday period has passed. This deadline relates to all applications seeking orders relating to contact or a period of residence during the December 2008/January 2009 school holiday period.

However, applications to abridge times and list a matter on short notice can still be made in urgent cases. It is important to note the fact that an application relates to school holiday contact will not of itself create urgency to justify a listing before Christmas. The Court cannot guarantee that applications filed now will be fixed for hearing prior to Christmas, but every effort will be made in urgent cases.

For any further information or assistance in relation to making an application for an urgent hearing regarding holiday contact or family matters generally, please telephone Greg Dickson or Kevin Dwyer or email greg@wmdlaw.com.au or kevin@wmdlaw.com.au.

Your questions answered The Verdict

In this section, we answer your general questions in relation to any area of law. Obviously, we are not able to provide specific legal advice or advice in relation to a current legal matter. If you have a question you would like us to answer, please submit it by email to melissa@wmdlaw.com.au.

How much can I drink and then drive?

There are many myths about how much you can drink and still be able to legally drive.  The most common one is 3 drinks in the first hour and 1 every hour after that for males and one less for females.  That is a myth and considering the penalties for drink driving, it is a very dangerous myth.  The actual answer varies with the individual.  Your sex, age, size, metabolism, medications as well as the type of drink are all factors which effect your blood alcohol reading.  As we approach the festive season the only safe way to ensure you do not offend is that if you drink, don’t drive and if you drive, don’t drink.  That said it pays to understand the laws relating to drinking and driving.

You must submit to a breath test where a police officer has reasonable cause to believe that you are or were driving a motor vehicle on a road or road related area, or where you were occupying the driver’s seat and attempting to put the vehicle in motion, or occupying the seat next to a learner driver.

Failure to stop or failure to submit to a breath test can each render you liable to a maximum fine of $1,100.  If the breath test is positive, that is you have more than 0.05 grams of alcohol in 100 millilitres of blood, (0.00 for novice and 0.02 for special range licence holders) then you will be arrested.

Once arrested, you will be required to submit to a breath analysis test at the police station or such other place as considered desirable such as a road side bus.

If you then refuse to submit to a breath analysis test, you will be dealt with as though your reading is in the high range and charged with an offence. 

The police can not require you to submit to a breath test in certain circumstances such as where you are admitted to hospital for medical treatment and your treating doctor objects because it would be prejudicial to your care or treatment, where you are at your home or where more than 2 hours have passed.

The penalties for drink driving will depend on the licence you hold, your blood alcohol reading and your driving record.  The penalties include loss of licence, fines and imprisonment.  For repeat or habitual offenders, an additional disqualification period of 5 years can be imposed.

With strong representation, your disqualification period and other penalties can be minimised and in some cases avoided altogether.  As with all criminal charges, it is important that you seek legal advice immediately upon your arrest and refrain from providing a statement to police until you have done so.

For assistance with any criminal charges please contact Kevin Dwyer or Kieran Haydon or email kevin@wmdlaw.com.au or kieran@wmdlaw.com.au.

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