Showing posts with label domestic violence. Show all posts
Showing posts with label domestic violence. Show all posts

Thursday, May 23, 2019

Police Seizure Abuse - The Loose Cannon.

Although I once defied the odds and got nought out of thirty in an open book multiple choice Chemistry test, leading to me studying law and not an agricultural science, Newton’s third law ‘for every reaction there is an equal and opposite reaction’, has always appealed to me, because at least on one level it applies to human and organisational behaviour and not just objects.

Thus when Police are affected by something they react.
Most readers would be familiar with the Edwards tragedy last year.  Mr Edwards was granted a special Commissioner's Permit for a handgun, against the wishes of a gun club he had previously approached, and then he went oput and commited a murder suicide soon after.  Further compounding the tragedy, his distraught former spouse committed suicide earlier this year. 
Police did not blame themselves for granting the permit, and are now targeting anyone who shoots and who is involved in a Family Law break up.
Case in point, I am acting for a small dealer at present who is in the process of going through a break up with his spouse.  The parties are separated under the one roof.
On my instructions his former partner was somewhat jealous because he was having a discussion and was actively engaged in play with his son. His wife’s mother suggested she call Police, which she proceeded to do.
Police attended, and as no threat was made, and there was no apprehension of violence, no AVO was issued.
Nevertheless, my client’s licence was suspended.  The reason on the suspension was ‘child at risk’- yet there was on these facts no evidence of this.  The only thing that happened that night that would have been scary to a child was the arrival of two Police Officers after the child’s bed time - although I stress that in this particular situation the officers behaved commendably well, and only followed instructions.
Not every child in a break up is a child at risk, and if Police wanted to target children at risk their attention would be better spent visiting shopping centres and rounding up truanting children during the day, and getting tired drivers off the road.
As you may be aware, Police policy of seizure, for a ‘cooling off period’ of 28 days, does not appear to have any statutory basis and any seizure of firearms needs to comply with Firearms Act 1996 or the Law Enforcement (Powers and Responsibilities) Act 2002.
The Police power to suspend a Firearms licence is set out in paragraph 22 of the Firearms Act 1996, and I have set it out below.
22   Suspension of licence
(cf APMC 6, 1989 Act s 35)
(1)  The Commissioner may, if the Commissioner is satisfied there may be grounds for revoking a licence, suspend the licence by serving personally or by post on the licensee a notice:
(a)  stating that the licence is suspended and the reasons for suspending it, and
(b)  requesting that the person provide the Commissioner with reasons why the licence should not be revoked.
(1A) If a licence is being suspended because the Commissioner is satisfied that there may be grounds for revoking the licence under section 11 (5A), the notice suspending the licence is not required:
(a)  to state the reasons for the suspension, or
(b)  to include any request that the licensee provide the Commissioner with reasons why the licence should not be revoked.
(2)  The Commissioner must suspend a licence in accordance with this section if the Commissioner is aware that the licensee has been charged with a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 or the Commissioner has reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence within the meaning of that Act.
(3)  A suspended licence does not authorise the possession or use of firearms during the period specified in the notice suspending it.
Whilst not relevant, I shall set out section 11(5) below for your convenience
11(5) A licence must not be issued to a person who:
(a)  is under the age of 18, or
(b)  has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or
(c)  is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the licence was made, been subject to an apprehended violence order (other than an order that has been revoked), or
(d)  is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or
(e)  is subject to a firearms prohibition order, or
(f)  is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.

Turning to the Law Enforcement (Powers and Responsibilities) Act 2002 which again relevantly provides:
      20   Relevant offences
The following offences are relevant offences for the purposes of this Division:
       (a)  indictable offences,
       (b)  an offence against section 93FB of the Crimes Act 1900,
       (c)  an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts,
       (d)  an offence against a provision of Part 2 of the Explosives Act 2003.

      21   Power to search persons and seize and detain things without warrant
      (cf Crimes Act 1900, ss 357, 357E, Drug Misuse and Trafficking Act 1985, s 37)
       (1)  A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists:
       (a)  the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
       (b)  the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
       (c)  the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
       (d)  the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.
       (2)  A police officer may seize and detain:
       (a)  all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and
       (b)  all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
       (c)  any dangerous article, and
       (d)  any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,
       found as a result of a search under this section.

      22   Power to seize and detain dangerous articles on premises
      (cf Crimes Act 1900, s 357)
A police officer who is lawfully on any premises may seize and detain any dangerous article that the police officer finds on the premises, if the police officer suspects on reasonable grounds that the dangerous article is being or was used in or in connection with the commission of a relevant offence.
 Premises include vessels, vehicles, aircraft and other places.
       The difficulty for Police here is that while a firearm is a dangerous article within the meaning of s21(2)(c) there is no relevant offence, nor is there any suspicion on reasonable grounds that the article is or was used in commission of an offence (s22).
After realising that they were on shakey grounds a Sergeant rang my client, alluded to gaol, and referenced the following alleged offences, none of which are supported by available evidence.
  1.     That my client was in possession of 14 unregistered firearms.  This allegation was denied.  My client had completed all PAB28 and 31 paperwork as required by legislation as required and had forwarded these to the Registry by Registered Post.  My client also completed his quarterly return with respect to these entries and forwarded the quarterly return to the Registry by Registered Post.  Apparently, Police wish to hold my client responsible for processing tardiness at their Registry.
     That my client was in possession of a number of prohibited firearms specifically firearms fitted with a folding stock. Allegation admitted. My client is authorised by virtue of his dealer licence to possess prohibited firearms no 11 of Sch 1 of the Firearms Act 1996, item 11 are any firearms fitted with a folding stock.

  1.     That my client was informed he would be asked why one firearm had a defaced serial number.  Upon entering details of all firearms acquired by my client the physical serial number of the firearm was sighted at all times when making these entries.  My client can answer no explanation why one has a defaced serial number he questions if part of a serial number may be partially obscured by a stock.  I requested further particulars.
  2.     The Sergeant informed my client that his decision to suspend my client in the morning of 9 May 2019 was supported by an allegation involving matrimonial property.  On the 8 May 2019 attending Police referred to this as a civil matter, and it was not raised as a complaint until the afternoon of the 9 May 2019. For this reason, this allegation was not raised on the Suspension Notice and had no bearing upon the decision to suspend.
My criticism is with a Police Policy in practice in respect to domestic situations that exceeds the law, and that involves the seizure of firearms without probable cause merely on suspicion of a domestic break up. 
Just because Firearms ownership is a privilege and not a right, does not mean that privilege is subject to unfettered discretion by Police to seize firearms or suspend licences without appropriate due process.
When I first came to Australia, I was amazed how far this country has progressed since it was a penal colony, a mere couple of hundred years ago.  However the longer I practice law, the more convinced I am that my assumption is wrong, for certainly in terms of Police attitude, this state is still a Penal Colony.

Simon Munslow
National Firearms Lawyer
P: (02) 6299 9690
M: 0427 280 962
E: solicitor@bigpond.com
W: firearmslawyer.com.au
Simon Munslow is a lawyer who has a lifelong interest in shooting, having acquired his first firearm at the age of nine, and has had an active interest in firearms law since writing a thesis on the topic over thirty years ago at University.
Simon Munslow practices extensively in Firearms Law matters throughout Australia.
He is a regular contributor to the Australian Sporting Shooter magazine’s website on Firearms law matters, has published articles on firearms reviews and firearms law, and occasionally is asked to comment in the broader media on firearms matters.
This article is written for general information only and does not constitute advice. 
He can assist you with:
Criminal law & Administrative law and in particular that related to Firearms
• All firearms, weapons and game charges
• Avoiding & setting aside Apprehended Violence Orders
• Possession of unregistered firearms
• Unsafe transportation & storage matters
• Applications for prohibited weapons
• License Appeals
• Freedom of Information / Government Public Access matters
• Importation & Customs problems
• Advices & opinions related to Firearms law matters

Read more at http://www.sportingshooter.com.au/latest/police-seizure-abuse-the-loose-cannon#iq2kiJvR6Pw57ZCw.99

http://www.sportingshooter.com.au/latest/police-seizure-abuse-the-loose-cannon

Thursday, March 15, 2018

Australians No Longer Care About Other Australians. Brainwashed by the Australian government?

Homeless people are people with no permanent home, they sleep in cars, family garages, in doss houses or perhaps a family member's home.

People living rough live on park benches under bridges, anywhere they can find where they hope they will be safe.

The Australian government DOES NOT CARE about these people, & the majority of Australian citizens do not care about these people. Just think about that, is this what we have become as a nation, as a people? Do we have no honour at all? No caring attitude towards fellow Australians in need?

We have the power to put things right, it is quite obvious that the government is not governing Australia properly, it is quite obvious that the care & welfare of the Australian people is not their priority. Oh you may be fine, you may have a good job & a nice home so why should you care about other Australians who have nothing?! What does this say about you as a person who is not willing to say ENOUGH IS ENOUGH!




The ABS Census data released yesterday reveals a 37% increase in homelessness. In 2011 the number of people experiencing homelessness in NSW was 28,191. In 2016 this has jumped to 37,715.

The number of people in overcrowded dwellings in NSW has increased by 74% since the last census.

The number of homeless women has increased across all age ranges with the largest increase in women aged between 25-34 years (55% increase since 2011) and 65-74 years (78% since 2011).

Further information can be found on the ABS website



NSW Snap shot:

37,715 people were experiencing homelessness on the night of the 2016 Census (an increase of 37%)
The number of homeless women has increased across all age ranges with the largest increase in women aged between 25-34 years (55% increase since 2011) and 65-74 years (78% since 2011).
2,588 were sleeping rough (an increase of 35% since 2011)
16,821 were living in overcrowded conditions
The rate of homelessness for young people aged 19-24 increased by 92% since 2006 and is twice that of the general population
The rate of older people experiencing homelessness has increased by 24%
74,000 clients were supported by homelessness services in 2016/17 (43% increase since 2013/14)
2 in 5 clients did not receive crisis or other accommodation despite requesting it in 2016/17
2 in 3 clients who were homeless prior to accessing a service had no long term accommodation at the end of support in 2016/17.

DO YOU THINK THIS IS RIGHT? ACCEPTABLE?



Saturday, April 15, 2017

Australian Self-Defence Laws. Gold Coast police 'too busy' to answer domestic violence call for help.


How often have we heard it said, "you don't need a gun, we have the police to protect us". Well of course that is total bullshit, and the government knows it. Not only is it illegal in Australia for anyone to carry ANYTHING for the purpose of self defence, but now in the new "National Firearms Agreement" it states that it is illegal to use a firearm in defence of self and family in a home invasion. 
Our government is our worst enemy, they want us disarmed and defenseless, WHY?


Friday, February 24, 2017

No Profit From Rape & Violence. Please sign this petition.


The move to make RDVSA tender for its work is ideological and it has the potential to allow an organisation to profit from rape. 
On 13 February 1800RESPECT, the national telephone and online counselling service for women, men and children experiencing domestic or sexual violence, was advertised for tender.
Since its inception, 1800RESPECT has been provided by specialist domestic violence and sexual assault trauma counsellors, employed by the Rape and Domestic Violence Services Australia (RDVSA).
RDVSA has been told it must tender for this work and, despite the exceptional support it provides, is unlikely to be successful without widespread community support.
Why does RDVSA have to compete with ‘the market’ to provide life-saving support to victims and survivors of domestic and sexual violence? 
RDVSA is a union workplace with almost all of its 100 specialist counsellors and support staff members of the Australian Services Union.
RDVSA is a feminist organisation which has been critical of this Federal Government’s approach to addressing domestic violence.
It’s not about money: in 2015 RDVSA sought an additional $2 million from the Federal Government to fund additional specialist counsellors and telephone hardware that would allow them to answer all calls- instead the Government gave $5 million to corporation Medibank Health Services (MHS) to provide a ‘triage service’ as part of 1800RESPECT.
RDVSA openly opposed this move by the Federal Government, that more specialist counsellors not a call centre was needed to support those experiencing domestic and sexual violence.
No one should be able to profit the trauma of those experiencing domestic and sexual violence.


Saturday, February 18, 2017

The government's attacks on the vulnerable and needy are cruel. You ALL need to read this.


Is the government of Malcolm Turnbull just totally inept or is it actually cruel?
You have to wonder given its fiscal attacks on some of the most vulnerable and needy members of our society.
It's not just that the government proposed cutting the dole to fund the National Disability Insurance Scheme, or that it expects women to surrender paid parental leave entitlements and family benefits to pay for better childcare, but now it is proposing to abolish federal funding of women's refuges. Seriously.





Tuesday, July 19, 2016

Violence & Mayhem Australia Today. Random Thoughts.









Violence & Mayhem Australia Today. Random Thoughts.

Why are we seeing so much mayhem in Australia, it seems that every day now there is another report of murder, stabbings, king hits, rape, home invasions & more. Obviously this is not right, not excusable, but can it be understood?
Let’s take a look at what our own government is doing. It has prioritised mining over farming; some farmers have given up fighting & have committed suicide. Protesting has been banned, made illegal so if the people try to back the farmers & “Lock the Gate”, they can now be arrested & charged. The police are now a law unto themselves, & unless someone records their crimes on video, then they get away with it. The people did not vote for mining to be prioritised over farming, why would they? They did not vote to have protests banned, made illegal, why would we? There was no referendum, no one was asked, does this sound like democracy or dictatorship?
I am not saying that all this mayhem & violence is happening because we have a corrupt government who is in itself committing crimes, & that the people who have a tendency toward violence & crime see this as a green flag to do what ever they want, but it is something to think about.
Why are Australian citizens allowing this government to “rule” us in this way? Why are they allowing the degradation of our environment & the loss of many of our rights? Our own constitution is being ignored by this government, a government by the way that is in fact a registered company in the USA! We have two main political parties, neither are better than the other, so when it comes to voting, we are stuck between a rock & a hard place. This year, 2016 the people showed their displeasure by voting independent, & what happened? The Liberal party got in yet again!!!
So, voting for your/our preference does not work, it changes nothing. The same corrupt government is still in power & the Australian people are doing NOTHING about this. Why? In other countries the people simply do not allow this corruption to continue, they rally their numbers & sack the government. We NEED change, we need to sack this government & the whole corrupt system & put something in place that allows the people to have a voice, to have a choice. What is it going to take to make the Australian people say “NO MORE, ENOUGH”?
There are crook police officers committing crimes & there are good police officers that are not prepared to blow the whistle on these bad cops, why? Because if a good cop blows the whistle on a bad cop, he loses his job. He will not be sacked, but he/she will be shunned by all other police officers Australia wide. He/she will be forced to quit the police service. This needs to change, but how do we change this? I do not have an answer for this, but this is the big problem with the whole government system. People are for ever saying “Don’t allow this” “Do your own thing”, but it is not that easy. We are a minority who care, but a minority has no power. We have to pay the ever increasing local council rates/taxes despite the fact that many of us receive no or few services for those rates, because if we refuse to pay, the council will actually evict us from our own homes & sell our property.
I realise that services & road maintenance have to be funded, but should there not be some check & balance? If a retired couple can not afford to pay the rates on their own home, why should they be forced to sell the home that they worked so hard for? After all the years of working & scrimping & saving they are now forced to live in a city or town & pay rent? Does this make any sense?
So we ask ourselves why is there so much crime, so much violence. Why is there so much sadness & depression? I think our society is starting to break down. We are losing human rights every day. New police powers take away citizens rights. They may have been introduced in order to maintain order, but in fact there is no check & balance here, the innocent are affected as well as the criminal element. Did banning certain firearms stop crime or even reduce crime? NO! Yet again the law abiding citizen pays the price. Who has these banned firearms now? The criminals have these firearms because they did not hand them in, they are NOT licensed, they are NOT listed in the gun registry!

So where are we heading? Less farms, less farmers, less food, less rights. Slowly but surely we are being herded into a position where eventually we will not be able to resist even if the majority of Australians grew a spine & decided to do something! Some people say “well if you are not happy with the way things are, why don’t you move somewhere else?” My answer to that is, that there is no better place to move to, no place that has the potential that Australia has for being a great place to live in. We have the room, we have the space. We have less people than anywhere else in the world given the size of Australia, but we need to regain our rights, our freedoms. Yes there must be law & order, but it must be tempered with common sense & research. Knee jerk reactions by the government to certain incidents have to stop. We need to have some professionalism introduced into the making of legislation. We have The Greens who appear to be promoting drugs & at the same time recommending that law abiding Australian citizens should be disarmed! How crazy is that?! Do they think that much of the crime is not linked to drugs & illegal gun use? Right now ignorant people are making these decisions for us, & it is not sensible, it is not right or fair & above all it is bloody stupid!

Wednesday, April 6, 2016

This Will NEVER Happen In Australia!!!

This will never happen in Australia, because the majority of Australians don't give a damn about other Australians. The government has done a good job of dividing us, but our apathy made it very easy for them to accomplish this. 
Australia, once the lucky country, is now a lost cause.
Congratulations Icelanders, well done!

Tuesday, May 12, 2015

Tony Abbott Turns His Back On Domestic Violence ! I Wonder Why?




#ShowMeTheMoney to put an end to domestic violence #TheProjectTVhttp://www.fairagenda.org/whatwillittake (written by Waleed Aly and Tom Whitty @twhittyer)
Posted by The Project on Tuesday, 12 May 2015

Saturday, March 7, 2015

Domestic Violence is Rife In Australia, Please Sign This Petition.


He punched me until I was unconscious, strangled me four days before my son was born and again when I was 7 months pregnant with my daughter, punched me in the face whilst me children screamed, terrified – we fled when my daughter was just 6 weeks old, then police applied for IVO.
But despite 30 breaches of domestic violence orders, my attacker is still free.
He's been convicted and sentenced three times, since first conviction in 2011 yet is on bail right now and hasn't spent a day in jail. Despite charges of threat to kill, and threat to cause actual harm.
Writing all this down in a petition is terrifying. My mind re-lives the fists, the choking and thinking i would die with my baby growing inside me, seeing my little boy hitting the ground in my home and his smashed up room. Living in fear and always looking over my shoulder,. But I'm doing it because right now we have an opportunity to fix these laws leaving women at the mercy of domestic violence abusers.
I tried to leave, called the police, and showed up to court for trials, I cried as he walked out of court, after being being found not guilty, as there wasn’t 'evidence beyond reasonable doubt', while he looked at me and laughed
The police’s “intervention orders” didn’t stop him. They weren't enforced and he found me at a safe house. Unbelievably – legal aid was offered to him and so representing me was denied as a "conflict of interest".
Just trying to escape the abuse left me broken. I was left in $30,000 in legal debt for ensuring he didn't get custody of my kids, and forced to move interstate, for my own safety . He hasn't paid 1 cent in child support so all my kids' clothes, medicine, nappies are paid for from my student allowance and centrelink.
All I want is to move on, but financially and with my attacker still free I can't do that. I just want the government to act – and fix the laws that are doing this to people by:
  1. Create a law that says breaking a domestic violence order sends you to jail, with immediate effect
  2. Force domestic violence perpetrators to pay child support
  3. Allow family violence victims to move with their children interstate away from their perpetrators, so they can feel some kind of safety
  4. End the crippling debt for domestic violence victims by making legal aid free – and force Legal Aid to represent the victim over the perpetrator
Please help me change these laws that leave domestic violence victims stuck in terrifying limbo – and in huge financial debt.
Please sign & share. 
Thank you for reading. Dani x

Thursday, February 26, 2015

Tony Abbott Cuts Emergency Relief Funding To Community Services!!!






Tuesday, February 24, 2015

Tony Abbott Fails As Minister For Women's Affairs !!! 14 Women In Australia Murdered By Their Partners.

This is 14 women that we know of, but domestic violence is rife in Australia. Tony Abbott took away funding from essential community services who's function it was to shelter women & keep their whereabouts secret so that their violent partners could not find them. Due to Abbott's lack of duty to these services, many have had to close, others were forced to amalgamate with other services, but the results are the same, less protection & care for women in crisis.
Tony Abbott & the LNP, & Labor have failed in their duty to Australian citizens. It is time for a new government system, by the people, for the people. Abbott, you are a disgrace, & you should resign. 


Monday, February 9, 2015

Domestic Violence In Australia At Crisis Point, & Tony Abbott Cuts Funding To Services !!! Just How Low Can A Bloke Get?!


*Trigger warning: discussion of domestic violence*
Domestic violence in Australia has reached crisis point.
In Australia, 1 in 3 women over 15 have experienced violence. On average, a woman is killed by a current or former partner every week.
Tony Abbott has promised to prioritise ending the domestic violence epidemic – but even as he pays lip service to the issue, his government is cutting nearly $300m from crucial frontline services. Support networks gutted. Some closed altogether.
Actions speak louder than words, Mr Abbott. If those affected by domestic violence cannot find safety and support, we have no hope of solving this shocking national problem.
Sign the petition and tell the government our frontline services need to be fully funded: www.getup.org.au/protect-services

Tuesday, January 6, 2015

Royal Commission into Domestic Violence. PLEASE SIGN THIS PETITION.

Tony Abbott has seen fit to take away funding to social services dealing with domestic violence. Many services have had to close there doors. This means more deaths from domestic violence, and more women and children put out on the streets with no where to live.
Tony Abbott, Australia's Prime Minister and minister for women did this. PLEASE SIGN THIS PETITION.





Thursday, August 7, 2014

Domestic violence: the 'silent epidemic' claiming the life of one woman every eight days

There is a lot of domestic violence in Australia, some local councils deny this is happening here in NSW, but the facts speak for themselves. Now the Abbott government has cut funding to the very people who help these women escape the violence. This then is what Tony Abbott as minister for women's affairs thinks of women. How can we possibly work towards a better & safer community with this man as our leader?!!!
Keith.




Monday, June 30, 2014

Domestic Violence Is Rife In Australia. One Woman's Story.

Not good enough. Domestic violence is rife in Australia, & the perpetrator gets away with it over & over until in many cases the victim is eventually killed.
We are shocked when we read about women being raped & killed in foreign countries, & yet the same thing happens here accept the pain for the victim is prolonged over months & years before many of them are killed. What will happen to these women now that Tony Abbott is cutting funding & closing down community services? No wonder he made himself the minister for women's welfare!!! 
Keith.
IF YOU LIVE IN THE ARMIDALE NSW AREA AND ARE A VICTIM OF DOMESTIC VIOLENCE, CONTACT: Armidale Women's Housing Group 6772 8915. 188 Rusden Street Armidale NSW 2350.

If you are a victim of domestic abuse or know someone who could be, visit www.1800respect.org.au