Simon&Co Lawyers

10/05/2022

https://www.facebook.com/100044268257290/posts/574043674081236/?d=n

BREAKING: Queensland will introduce legislation to make coercive control a criminal offence by the end of 2023 and today I’m announcing an historic overhaul of laws to better protect Queenslanders.

My government has heard. My government has listened. My government is acting.

Coercive control is the most common factor leading up to intimate partner homicide. By the end of next year, we will introduce legislation to criminalise it.

The overhaul of laws and practices to better protect Queensland women from domestic and family violence and hold perpetrators to account also includes:

◽️ New laws and programs to recognise and prevent coercive control including making coercive control a criminal offence
◽️ A Commission of Inquiry into police responses to domestic and family violence
◽️ Expansion of the Domestic and Family Violence courts
◽️ Better support for women
◽️ A special strategy for First Nations communities
◽️ Funding for perpetrator programs to change men’s behaviour and stop the cycle of violence
◽️ Expansion of High-Risk Teams and co-responder models to ensure victims receive a joint response from police and domestic and family violence services
◽️ Increased respectful relationships education to all Queensland children and young people

23/02/2022

Queenslanders will be able to use digital driver licences from 2023. Your current licence status is often a state of confusion if you have received recent infringements or have lost points. Townsville will be the first to trial this app.

Stay tuned Queensland.

10/12/2021

Got into a spot of bother at SCHOOLIES and have a court appearance coming up?

Call or email Simon & Co Lawyers for some prompt advice.
[email protected]

20/10/2021

From 1 November 2021, the following camera-related penalties will apply:

$1,033 and four demerit points for illegal mobile phone use while driving.

$413 and three demerit points for failing to wear a seatbelt or not wearing it properly.

Drivers can also be fined a further $413 and three demerit points for each front seat passenger not properly restrained.

Double demerit points apply for repeat offences committed within a 12-month period.

08/08/2021

Just a reminder that the Census is due tomorrow. You can be prosecuted and fined up to $222 a day if you do not complete the Census.

For more information, please visit https://www.census.abs.gov.au/about

25/02/2021

Have you received multiple traffic infringement notices and gone over your demerit points? Easily fixed right? You've received a notice to "choose" and have elected a good driving behaviour option. Tick!

Welcome to traffic court. Please do not assume that a notice to "choose" or even a confirmation from QLD Transport of your election means that you will have a valid QLD driver's licence. If in doubt, call Simon& Co Lawyers for advice regarding your traffic matter.

13/12/2020

There are new forms in place in Queensland for an enduring power of attorney and an advance health directive under the Powers of Attorney Act 1999. New Queensland capacity guidelines are also in effect as of 30 November 2020.

An enduring power of attorney will allow you to appoint someone or a number of people you trust to make decisions for you if you lose capacity. An advance health directive allows you to make decisions now regarding your future healthcare.

Contact Simon& Co Lawyers for any enquires or assistance.

27/03/2020

With the exception of some urgent matters, most Magistrates Court matters, whether civil or criminal, will be adjourned to a date to be fixed by the Magistrate. The notice of adjournment will be posted/emailed to you or your lawyer. Bail will be enlarged and temporary orders will continue during the duration of any adjournment.

Stay home and safe everyone. If you have any further enquiries, drop us an email or dial in as we will be operating remotely in the next few weeks.

Simon&Co Lawyers

30/01/2020

Brisbane Times article published today states:

"Drivers with their phone in a cradle, or going hands free, will be allowed LIMITED phone use. This includes accepting a call, or, for rideshare drivers, accepting or finishing a trip.
Police will have the DISCRETION to decide whether or not to hand out a fine."

https://www.brisbanetimes.com.au/politics/queensland/queensland-drivers-face-1000-fine-for-texting-from-saturday-20200130-p53w1o.html

It is important to note however that the words "limited use" and "discretion" are somewhat subjective as they have not been actually defined or even used in the legislation. Should fines be disputed, Courts will then have to determine the outcome.

Just a reminder that new Queensland penalties come into force this Saturday, 1 February 2020.

Simon&Co Lawyers

23/01/2020

The Careless Bucket

“Any person who drives a motor vehicle on a road or elsewhere without due care and attention, or without reasonable consideration for other persons using the road is guilty of an offence.” :- Section 83(1) of TRANSPORT OPERATIONS (ROAD USE MANAGEMENT ACT 1995 QLD

So what is careless driving? The bucket list for infringements are wide and seems to include anything that causes or may cause the driver or other drivers on the road to be distracted either intentionally or unintentionally. Some of the list of distractions may include the following:

(a) Fluffy Dice or Air Fresheners hanging from your rear view mirror
(b) Car Stickers that may impair a driver’s vision
(c) Bumper Stickers that distract other road users
(d) A driver talking to someone while a passenger is holding a phone on loud speaker
(e) A car passenger in a car talking to someone on FaceTime or loud speaker
(f) GPS devices or inbuilt car systems that distract drivers from their ongoing obligations on the road
(g) Eating whilst driving
(h) Putting on your lipstick in the car whilst driving or stationary at traffic lights
(i) Loud music

The list is discretionary. Once you plead guilty to this charge or pay the fine on an infringement ticket, you will automatically lose 3 demerit points. A court can also impose a licence disqualification or a term of imprisonment in some circumstances. Best to get rid of the fluffy dice we say!

Simon&Co Lawyers

03/12/2019

Have Your Say:

The Road Rules in NSW have now been REVISED to allow drivers, when stationary,(including holders of learner and provisional P1 or P2 licences) to use their phones to legally pay for goods and services in a road related area eg. meals through a drive through, displaying coupons for redemption of discounts and accessing digital driver's licence when asked to produce a licence by the NSW police.

Currently in QLD and in some other states like VIC, it is still illegal to tap and pay while going through a drive through. Should QLD follow NSW's lead to revise our legislation with respect to mobile phones? Should the definition of legally parked be expanded upon and not left in the hands of discretion?

Have your say by emailing:

1.) Queensland Transport-
[email protected]

2. The Minister for Transport and Main Roads(Hon Mark Bailey)-
[email protected]

3. The Shadow Minister for Transport and Main Roads(Mr Steven Minnikin)-
[email protected]

3.) Your Local Member for Parliament-
https://www.parliament.qld.gov.au/members/current/list

Simon&Co Lawyers

30/11/2019

Five Most Asked Questions From The "No Touching" Post

(https://www.facebook.com/simonlawyers/posts/803977193395026 )

1. What about vehicles with touch screens, individual and inbuilt sat nav systems, CB radios, two-way radios.... are they allowed to touch their devices?

Yes. It is mobile phones that are specified under the regulation and prohibited from being handled/touched by the driver while your car is in operation. Please note you can still use your phones (eg. for maps) as long as it is in a mount and the journey is set before you travel.

2. Am I allowed to use bluetooth or Siri/Hey Google to make call or send a text?

Keeping in mind that due care and attention on the road is our paramount responsibility as drivers, in Queensland, there are no regulations that specify restrictions to using Siri or any other voice activation as long as you are not touching your phone to activate Siri or touching the speaker function on your phone while your car is in operation. Your phone must be connected to a blue tooth device through your car prior to commencing your journey. Please note there are other states like WA where even using Siri is restricted while driving. These restrictions may follow suit in Queensland in due course.

3. What about Uber drivers and other ride share drivers who need to touch the phone to accept jobs?

Ride share drivers are being fined regularly. Limited phone use for accepting jobs(while phone is in cradle) may be allowed. Police will still have discretion to hand out fines.

See link. https://www.smh.com.au/business/workplace/uber-drivers-complain-they-are-forced-to-break-the-law-to-do-their-job-20190110-p50qm8.html

4. What is legally parked?

Section 300 of the Regulations are not specific about the definition of legally parked other than saying this:
(a) The vehicle cannot be moving;
(b) The vehicle cannot be stationary but not parked.

The Queensland Government link in our earlier post states that, "Parked means stopped with the intention of staying in that place." At the very minimum, we would suggest that you pull over to the side, have your handbrake on and be in "P" gear. However, to avoid any confusion, it would be preferable if your engine was completely off or you are not in your car prior to handling/touching your phone.

5. Are police and other emergency vehicles allowed to touch their phones/devices while their vehicles are in operation?

Yes.

Simon&Co Lawyers