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New agricultural visa option for South-East Asian workers

The Department of Home Affairs has announced the introduction of a new agricultural visa, allowing workers from 10 South-East Asian countries to undertake seasonal agricultural work in Australia.

The 10 countries are: Indonesia, Malaysia, Singapore, Brunei, Philippines, Cambodia, Vietnam, Laos, Thailand and Myanmar.

This visa is aimed at replacing the estimated 10,000 UK citizens that undertake agricultural and other regional work in Australia each year. UK citizens will no longer be required to undertake specified regional work to be eligible for a second Working Holiday visa.

The new visa programme will commence by the end of September 2021.

Contact Tang Law if you would like to know more about this visa option.

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Possession of Money Believed to be from an Illegal Source

If you are facing a charge for the possession of illegal drugs (even a very small amount), then it is a common situation that police may believe that any cash found in your possession has come from selling drugs. Therefore, under Western Australia’s Criminal Code Act Compilation Act 1913 (also known as the ‘Criminal Code’), the police can seize such money based on such a suspicion (section 417 Criminal Code).

The penalty for possession of property (including cash) believed to be unlawfully obtained, is up to 7 years imprisonment, or if the charge stays down in the Magistrates Court, the penalty is up to 2 years imprisonment and a fine of up to $24,000. Further, if this charge is proven in court, then the cash that the police seized does not get returned to the person from who it was taken.

How to prove your innocence and getting your money back

In a situation like the one described above, when an amount of cash has been seized by police and a charge has been laid against the person under section 417 of the Criminal Code, it can be a real uphill battle to prove your innocence. In a situation like this it is necessary to either be proven Not Guilty at trial or, even better, to get the charge discontinued before it even goes to trial. This is where an experienced criminal lawyer can help.

If the charge for the money that the State allege was unlawfully obtained relates to drugs (as is often the case), then it may be hard to prove there is a reasonable excuse for having such cash in your possession, especially if that amount of cash is large. At this point Tang Law’s experienced team can help to prove the truth of the situation; that you earnt or were given this money legally. This is not easily done, but it certainly can be done…and has been done!

Case Study Example

In a case that Tang Law had recently, a client of ours was found with over $5,000 cash in his possession, along with a very small amount of recreational drugs. The police charged this man with possession of the drugs and possession of the cash, which they were saying was suspected to have been obtained through illegal means.

Through lots of negotiation with the Police Prosecutor’s office, the collection of evidence in support of our client’s position, and the writing of legal submissions, we were able to separate the charges; so that the young man pleaded Guilty to having the drugs (for his own use) and the charge for the cash was dropped. This meant that we could then get the lowest possible fine for the possession drugs charge, and our client got his seized money returned to him!

If you’ve been charged with a criminal offence in Western Australia, give us a call on 9328 7525 and book your appointment today.


About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

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Compensation for Victims of Crime

If you are injured or suffer any other kind of loss due to a crime being committed by someone else, then you may be able to claim compensation.

This is also true for the families of an individual that is killed during the commission of a crime, in order to cover the expenses that they suffer after the loss of a loved one.

The Application Process

Compensation claims for injuries as a result of a crime being committed are made under the Criminal Injuries Compensation Act 2003 (WA) and any such order has a current limit of $75,000.

There is a 3 year time limit to lodge such a claim, however, in certain circumstances an extension of time may be granted.

Once an application has been submitted, the Criminal Injuries Compensation team at the Department of Justice will give your matter to a Case manager, and then a well-trained Assessor will determine the amount that you may be entitled to.

The documents that will need to be submitted on your behalf should always be prepared carefully and properly ahead of time, these may include:

  • The Application form;
  • A Statement of Events (for the crime/s that led to your suffering);
  • A Victim Impact Statement; and
  • Medical or Psychological reports that can help to substantiate your claim.

What Losses Can You Be Compensated For

As well as for the general pain and suffering that you have suffered as the direct result of a crime, you may also be entitled to compensation for the following:

  • loss of enjoyment of life
  • loss of income
  • medical or psychological treatment expenses
  • other incidental expenses (such as travel or loss/damage of property)

Proving the Crime

A crime does need to have been committed in order for an application for Criminal Injuries Compensation to be successful, but even if no one is convicted, you may still be able to get fair and reasonable compensation.

As long as the Assessor is satisfied that the offence occurred and your losses were suffered as a result of that offence, there is an avenue through which compensation can be claimed.

It is important to help the police/prosecutors to bring the culprit to justice however, so cooperation is essential if any details of the offence are required from you. A good lawyer can be a massive help to assist in communications with prosecutors on your behalf, and remember, there is extra support available through Victims of Crime; an initiative through the Western Australian State Government.


About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

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The Law Society of Western Australia’s Lawyer of the Year Award 2021

Congratulations to Peter Le, the winner of The Law Society of Western Australia’s Lawyer of the Year Award 2021!
Peter has 20 years of legal experience, working in private practice, as in-house counsel and for local government. Peter continues to provide excellent legal services to our clients in many areas of law, including general commercial, corporate, property, construction and major projects.
It is an honour to have Peter’s achievements recognised.

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Extraordinary Driver’s Licenses for Work Purposes

If you have been banned from driving by an order of the court, whether it be for drink driving, speeding or another driving offence, you may be eligible to apply to get your license back so that you can drive for certain purposes (an ‘Extraordinary License’).

Applying for an Extraordinary License is quite a complex procedure that involves supplying documents and evidence to the court so that it can be proven that you should be allowed to drive, despite the driving ban that is in effect.

With the large amount of traffic offences that are committed in WA, the courts do not take Extraordinary License applications lightly, and do not grant the applicant an Extraordinary License in many situations. If you need a license to be able to continue working however, you may have a good reason to apply, and this is something that Tang Law has had a lot of success with.

Extraordinary Driver’s License applications cannot be made if you:

  • Have a roadside ban (waiting to go to court);
  • Are currently under a fines suspension; or
  • Have lost your license due to demerit points.

The Process

There are a lot of things to consider when drafting an Extraordinary License application and the team at Tang Law can help to streamline this process, with our experienced lawyers ready explain what needs to be proven in your application and help to give you the best possible chance at getting your Extraordinary License.

After all the paperwork is drafted correctly and filed with the court, the Department of Transport will decide whether they think it is in the community’s best interests to grant your Extraordinary License. The key to getting the Department onside is to draft the application paperwork well!

A court hearing will then be needed, at which point a good lawyer can streamline the process and present your matter to the court in the best way possible.

Getting started

Call Tang Law on 9328 7525 to book your initial appointment with one of our lawyers and we can give you expert advice on the merits of your potential application. We can then provide an estimate of legal costs to draft your application, get your supporting documents, file with the court, contact the Department of Transport and appear with you at the court hearing.

If you need to get your license back in order to keep your job then call us, and we’ll help to get you back on the road!


About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

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