To find out more about this area of law, please see our legal questions and answers on this topic below, or click here to see our complete list of Legal Questions & Answers.


Can a warrant be executed (carried out) during the night?
Not unless the warrant specifically states that it can be carried out at night.

Is it true that new laws allow Court’s to designate “Crime Scenes” that allow the Police to inspect, photograph, dig up, dismantle and use electricity or water on a property?
Yes. These laws also allow Police to frisk suspects & to conduct strip searches. The new laws also permit Police to enter premises (without a warrant) to investigate domestic violence, prevent, or treat, an injury or to stop a breach of the peace (or other offence). These powers of entry and searching are limited and in most circumstances occupiers are still entitled to refuse entry in the absence of a warrant.

Will I have a "Criminal Record" if an Apprehended Violence Order (AVO) is made against me?
No. However an AVO does stop somebody from having a gun licence. Also, if the AVO relates to a sexual matter regarding a child under 16 years of age then the matter will be reported to a national authority & your name will be placed on a register prohibiting you from doing any voluntary or paid work in the vicinity of children.

I am about to lose my licence for drink driving, can I apply to the court for a restricted licence just for work?
No, however the government has recently introduced a special program for alcohol related driving offences called “The Alcohol Interlock Program". Under this program after a minimum disqualification period has passed you can apply for a court order for a special breath-testing device to be affixed to your car that disables the car if it detects alcohol on your breath.

What offences are covered by “Double demerit points” during Holiday periods?
Double demerit points apply during Holiday periods for speeding, seatbelt and motorcycle helmet offences.

What are some of the traffic offences that lead to an automatic loss of licence?
1. Mid range and High range PCA -Drink Driving (Driving Under the Influence). 2. Speeding more than 45km over the speed limit - Six month disqualification. 3. Speeding 30-45km/hr over the speed limit - Three months disqualification. 4. Driving at 130km/hr or more on the Pacific Highway north of the Hawkesbury River (the Government introduced this to reduce the Holiday Period Road Toll) - 1 month.

What should I do if the Police arrest either a family member or myself or the Police wish to interview us concerning a matter?
You should advise the Police that you wish to exercise your legal right to say nothing until your Solicitor is available to attend at the Police Station with you.

When are the Police allowed onto my property?
The Police, in the absence of a search warrant, are only permitted onto your property if they are invited onto your property and not asked to leave.

I have heard the penalties for traffic offences have changed recently. What are the changes and when do they apply?
The penalties were amended on 1 July 2005. A few of the changed penalties include: 1. Driving behind another vehicle too closely (tailgating) - $300 fine, 3 demerit points 2. Failing to keep left on a multi-lane road - $225 fine, 3 demerit points 3. Driving with part of body outside of vehicle - $225 fine, 3 demerit points