Aoife O'Donohoe Lawyer Sydney

17/04/2025

04/04/2025

Irish Backpackers in Australia – Know Your Rights!

If you're an Irish backpacker on a Working Holiday Visa in Australia, you’ve probably noticed some major differences between Irish and Australian law. Here are a few you might not know:

• Workplace Rights – In Australia, casual workers get higher hourly rates (loading pay) but no sick leave. If you're being underpaid or not getting payslips, that's illegal and you have rights.
• Drinking Laws – Unlike Ireland, you need ID at all times to buy alcohol (even if you’re 35!) Plus, drinking in public places like beaches or parks is usually illegal (depending on the state).
• Traffic Offences – Blown away by Aussie road rules? Don’t forget there’s also jaywalking fines, random breath tests (RBTs), and zero alcohol tolerance for P-plate drivers.
• Tenant Rights – Dodgy landlord? You have rights as a tenant, even on a short lease. Rental bonds must go into a government trust, and landlords can’t just kick you out overnight.

01/03/2025

APPEARING AT COURT
If you are served with a Court Attendance Notice (CAN) it means you are charged with an offence and must attend court. Failure to appear usually means you’ll be convicted in your absence and/or a bench warrant issued for your arrest.
Most criminal matters are listed in the Local Court and start at 9.30am. When you arrive, if you don’t have a lawyer, you can check for your name on a noticeboard which will tell you what Court to go to. Make sure you see a Court officer to let them know you are there.
I use the online court to check listings a lot. Once you have the defendant’s name, you can check any matter for the next 3 weeks in all courts of NSW:

24/01/2025

SHERIFF KNOCKING
When a NSW Sheriff knocks on your door it means you owe money and they have come to seize your property. This is called a “writ for levy of Property’. It means, your property will be sold by the Sheriff to pay those you owe.
Best advice? If the Sheriff is at the door, act quick. Find out the reason and deal with it. It’s usually a court judgement for a matter you ignored or knew nothing about. Now it’s become a judgement debt, plus court costs, interest and legal costs.

These are generally your options:
1. Apply to set aside the judgement. Don’t delay and show the Court you had a defence to the claim;
2. Pay the debt; or
3. Apply to the Court to pay by instalments.

Once you do any of the above, and accepted by the Court, then the Sheriff’s enforcement will be “stayed”. This means there will be no further knocks at the door or action until the matter is properly determined.

24/12/2024

PENALTY NOTICE FOR DRUG POSSESSION
A lot of you will be attending festivals around this time of year. Police officers can issue an on-the-spot fine (a penalty notice), if they find you in possession of a small amount of a drug. You either pay the fine (usually $400) within a specified period or you can choose to have the matter determined by a Local Court judge.

WHAT KIND OF DRUGS?
Under the Criminal Procedure Regulation 2017, a penalty notice, can be issued if a person is found in possession of:
• M**A/ecstasy in capsule form, .25g or less;
• M**A/ecstasy in any other form, .75g or less;
• amphetamine, 1g or less;
• methylamphetamine, 1g or less.
• co***ne, 1g or less;
• he**in, 1g or less;
• ketamine, 2.5g or less;
• L*D, .0008g or less,
• GHB, 10g or less.

The penalty notice for drug possession is similar to a penalty notice for speeding or a parking offence i.e. you have 28 days to pay the fine, will not receive a criminal record or you can choose to contest or defend the matter in court.

If found in possession of greater amounts you’re looking at a maximum fine of up to $2,200 and/or 2 years in gaol.

Aoife O’Donohoe CLIC Law Group Pty Ltd
[email protected]

Irish lawyer admitted to practice in Australia helping clients with commercial, contractual and criminal law problems.

22/08/2024

DEMERIT POINTS – COURT ELECTION

Last week I represented a client who had received a penalty notice for failing to give way. The four demerit points he would receive, would push him to maximum (13 points) would mean his driving licence would be suspended. So he elected to have the matter heard by the Court.

My client admitted he had broken the Road Rules but had an explanation. He had mistaken an officer waving a car behind on, to be an indication he proceed.

Client pleaded guilty and we proceeded to sentencing that same day.

Preparation was key. We tendered an affidavit explaining the incident, his background and why he needed his driving licence. We also handed up character references, maps and (most importantly) a certificate from a Traffic Offenders Intervention Program (TOIP).

His Honour in the Local Court, exercised his discretion under Section 10(1) (a) of the Crimes Sentencing Procedure Act 1999, accepted the plea of guilty but dismissed the charges. No recorded conviction. No fine and no points.

07/06/2024

DRUG DRIVING... know the rules;

In New South Wales, it is illegal to drive with illicit drugs present in your system under the Road Transport Act 2013.

The roadside drug test takes a saliva sample. The test can occur at roadside random drug testing, or if you are stopped by police.

The roadside drug test takes a saliva sample and can detect the presence of:
• Cannabis (Delta-9-tetrahydrocannabinol (THC))
• Ecstasy or M**A (methylenedioxy-methamphetamine)
• Co***ne
• Methamphetamine (ice or speed).

Generally, the test will detect cannabis for 12 – 30 hours after use. Ice, M**A and speed, and co***ne can be detected for around two days after use.

Penalties are serious. You are looking at a heavy fine, licence suspension for at least 3 months, license disqualification and imprisonment.

See below for penalties:

Irish lawyer admitted to practice in Australia helping clients with commercial, contractual and criminal law problems.

07/07/2023

BEWARE NEW WORKING-HOLIDAY ARRIVALS!

NEW RULES FOR IRISH/UK DRIVING LICENCES IN NSW

From 1 July 2023, penalties will apply to temporary visa holders who have resided in NSW for a continuous period of six months or more, and who continue to drive in NSW on their overseas licence. After six months you will be driving the vehicle unlicenced.
It is proposed that a fine of $603 will apply for a first offence and a fine of $924 will apply for a second or subsequent offence. A maximum penalty of $2,200 (20 penalty units) may be imposed by a Court.
There are also changes under the new regulation for withdrawal of driving privileges for all people driving in NSW on an overseas licence. A person’s visiting driver privileges will be withdrawn, if they:
• accrue 13 demerit points; or
• are convicted of a serious driving offence; or
• are suspended or disqualified from driving a motor vehicle in any part of Australia or another country; or
• are convicted of a drug or alcohol-related driving offence.
The good news is overseas licence holders, on a temporary visa who are residents of NSW PRIOR to 1 July 2023 can continue to drive on their overseas licence as long as it remains current and until they become permanent residents.

21/04/2023

FAILURE TO LEAVE THE PUB? – NON VOLUNTARY EXCLUSION OF PERSONS FROM LICENSED PREMISES
If you did not leave the pub when asked, you can be charged under Section 77 Liquor Act 2007.
The penalty is a conviction with a potential fine of $5,500.
You will usually also receive a banning order into the bag (Section 78) preventing you, unless you lodge an objection, from going to certain areas such as Kings Cross or the CBD.
These matters are generally heard in the Local Court and the outcome depends on the circumstances, police case and your representations.
There are defences. See section 77(9) of the Act. Things like fearing for your safety, transport or you live in the pub.

03/01/2023

THE FIGHTING IRISH – ASSAULT
Assault can be verbal and is any act basically that causes another to fear immediate violence. You’d think it’s pushing or hitting someone, but you can also be charged with assault without even touching someone.
Assaulting against Police or emergency services is especially serious.
I represented an Irish girl charged with assault for having spat at pub security a few years back. It has a max penalty of 2 years imprisonment. She didn’t go to gaol.