Peter O'Brien

Vicarious liability means abuse survivors can hold institutions responsible

Historical abuse emerged as a significant social issue over recent decades. However, claimants seeking compensation struggle to hold abusers accountable and receive fair compensation. Courts are reluctant to hold an organisation liable for deliberate, wrongful or criminal acts by its employees. The term for this is vicarious liability. This meant victims of abuse have had […]

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Vicarious liability: Abuse Survivors Can Use The Law To Hold institutions Responsible

Breaking Down Section 203E: Bushfire Arson

**Section 203E of the Crimes Act 1900** establishes an offence for intentionally causing a fire and being reckless as to the spread of the fire to vegetation on public land or land belonging to another. This bushfire arson offence carries a maximum penalty of 21 years’ imprisonment. Bushfire arson proof of intent Proof of intention

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Youth Diversion Programs Can Keep Minor Drug Offenders Out of Court

If you are or someone you know is under 18 years of age and has been charged with a minor drug offence, there’s a way to avoid court proceedings. Under the Young Offenders Act 1997 (NSW), youth diversion programs can be granted to eligible individuals. Eligibility for Youth Diversion Programs: Under the law, young people under

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Youth Diversion Programs help those who face minor drug offences

High-Risk Domestic Violence Offenders in NSW Targeted In Operation Amarok II

What is Operation Amarok II? This was a 4-day high-impact operation across NSW targeting the state’s most dangerous domestic violence high-risk offenders. The operation ran from Wednesday (19 April 2023) to Saturday (22 April 2023). Officers from all police area commands and police districts in NSW, as well as various proactive and specialist units, took

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Recent Updates to Anti-Money Laundering Laws in NSW

Money laundering is the process of disguising the proceeds of illegal activity as legitimate funds. Anti-Money Laundering laws have been established to prevent this activity and to prosecute those who engage in it. In NSW, these laws have been strengthened with the passing of the Crimes Amendment (Money Laundering) Bill 2022, which came into effect

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Anti-money laundering laws in NSW (AML)

Record Low: Australia’s Homicide Incident Rate Drops to Second Lowest in Over 30 Years

The Australian Institute of Criminology (AIC) recently released a report on the homicide rate in Australia for the year 2020-2021. The report includes data from State and Territory police forces. It reveals that there were 210 homicide incidents on record, resulting in 221 victims and 263 identified offenders. Despite every incident being a tragedy, the

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Stanley v DPP [2023] HCA 3 and intensive correction orders – What It Means for Those Facing Jail

This week the High Court of Australia (HCA) handed down a favourable judgement in Stanley v DPP (Stanley). This is relevant for those looking to avoid full-time imprisonment (jail) and instead receive an intensive correction order (ICO). What is the difference between an intensive correction order and jail? Both jail and ICOs are forms of “imprisonment“.

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Stanley v DPP [2023] HCA 3 and intensive correction order

Can Nick Kyrgios’s Assault Charges be Dismissed? Mental Health Application Explainer

Nick Kyrgios: A young man needing mental health care and assistance In this blog we examine Section 334 Applications under the Crimes Act 1900 (ACT) and Section 14 Applications under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). We all know Nick Kyrgios as a 27-year-old Australian professional tennis player. He burst

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Federal Freedom of Information scheme: What is it, and is it effective?

How does Freedom of Information work at the Federal Level?  The Federal Freedom of Information Act 1982 (‘FOI Act’) gives individuals the right to access information held by federal government agencies.  This includes: personal information they hold about you information about government policies or decisions.  Any individual or organisation can make a request under the

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Involuntary Admissions under the Mental Health Act: Your Rights and What You Can Expect

The Mental Health Act 2007 (NSW) (the ‘Act’) deals with involuntary admissions. What is an involuntary admission? Involuntary admission involves a person going into to a mental health unit against their will. The Act sets out strict criteria that must be met before someone can be involuntarily admitted. These are: The person must have a

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O’Brien Criminal & Civil Solicitors
e: 
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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