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Case Study : Criminal Charges for “Indecent Dealing”

This is a real case that happened recently.

B was charged with 2 counts of ‘Indecently Dealing’ with a young, teenage girl whom he had met on the internet, pursuant to section 321(4) of the Criminal Code (WA), where it states that:

Child of or over 13 and under 16, sexual offences against

A person who indecently deals with a child is guilty of a crime and is liable to the punishment…

Sentence

For a charge of this nature, the maximum sentence prescribed by law is 7 years imprisonment.

In past cases, generally, the Courts have given sentences in the range of 2 to 5 years.    It is highly likely that B would have received a sentence of this nature, if he had been found guilty.

Allegations Made by Prosecutor

The Prosecutor alleged that B’s actions were predatory and calculated.

It became apparent to us, as B’s lawyers, that B is a shy young man and has some issues pertaining to mental health.   The factors personal to his situation had to be analysed in order to bring to light the personal issues that may have led to his offending; his upbringing, personal immaturity, issues pertaining to his mental health and the impersonal nature of the online communications that allowed for such a shy young man to connect inappropriately with a captive audience.

Sentencing Hearing

B pleaded guilty to the charges, however, the details of the allegations made by the Prosecutor were inaccurate and they were challenged at the sentencing hearing.

Expert opinions and psychiatric findings in relation to the Accused were obtained and written Sentencing Submissions were filed with the District Court of Western Australia.

Result:  B was given a suspended sentence, allowing him to remain out of prison and giving him the access to help that he really needed.   This result was more favourable than the sentences received by similar accused persons in past cases.


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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More Visa Options for Tourism and Hospitality Workers

Due to Australia’s current international border closure hospitality and tourism businesses, who usually rely heavily on temporary workers such as working holiday makers, have struggled to find workers to fill positions.

The Australian Government will now provide more support for Australia’s tourism and hospitality sectors by providing more visa flexibility to temporary migrants in Australia.

International students working in the tourism and hospitality sector will be given unlimited work rights. A 40-hour fortnightly limit previously applied during study periods.

Furthermore, temporary visa holders working in, or with job offers in, tourism and hospitality will be able to apply for the Subclass 408 COVID-19 visa, and will be able to remain in Australia for up to an additional 12 months.

Please contact the migration team at Tang Law if you would like to know more.


About Writer

Sophie Manera is a Partner and Registered Migration Agent at Tang Law. She practices exclusively in immigration law. She is also the Vice-President of the Migration Institute of Australia’s Western Australia State Committee.

Sophie represents visa applicants, sponsors and businesses in lodging applications, attending to complex migration matters, making submissions to the Department of Home Affairs, and representing applicants in the tribunals and courts.

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Veterinarians Added to Department of Home Affairs’ Priority Migration Skilled Occupation List

The Migration Team at Tang Law are pleased to hear of the proposed addition of veterinarians to the Priority Migration Skilled Occupation List (PMSOL).

We understand there is substantial demand for skilled veterinarians nationally, and the Australian labour market is unable to fill these gaps.

Tang Law has substantial experience in assisting veterinarians and employers with finding suitable visa options.

We look forward to the Australian government adding this occupation to the PMSOL.


About Writer

Sophie Manera is a Partner and Registered Migration Agent at Tang Law. She practices exclusively in immigration law. She is also the Vice-President of the Migration Institute of Australia’s Western Australia State Committee.

Sophie represents visa applicants, sponsors and businesses in lodging applications, attending to complex migration matters, making submissions to the Department of Home Affairs, and representing applicants in the tribunals and courts.

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Federal Budget - Migration Planning Update

Australia Federal Budget 2020/21 – Migration Program Updates

Due to Covid-19 travel restrictions, the number of net overseas migration has been significantly affected in Australia. While net overseas migration was planned to be 271,300 this year, it is now expected to fall to just 35,000 in 2020-2021.

The Government is well aware of the positive impact which migration has on the Australian economy. The government has sought to address the impact which COVID-19 has had on the Australian economy by making some changes to the Australian Migration Program and Planning Levels. Below is a summary of the main factors that have been addressed in relation to Australian migration and the 2020 budget:

2020-2021 Migration Program Levels

The current cap of 160,000 will stay in place. However, there will be a focus on family stream visas with an increase from 47,732 places to 77,300. This will be applicable for the 2020-21 migration program only and can be expected to return to the lower cap next migration program.

Onshore visa applications and partner visa applicants whose sponsors live in designated reginal areas of Australia will be prioritised by the Department for the 2020-21 migration program.

The Employer Sponsored, Global Talent, and Business Innovation and Investment Program will have priority placed on the skilled streams for this year migration program.

Further information can be found at: https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

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Update-to-JobKeeper-Payment

Additional Changes to JobKeeper Payment

We recently published an article detailing the changes to the JobKeeper payment and the extension announced by the Federal government: https://tanglaw.com.au/jobkeeper-payment-eligibility/

Due to the increased lockdown measures in Victoria forcing several industries to cease working, on 7 August 2020 the Treasurer Josh Frydenberg announced additional changes to the JobKeeper payment.  We provide the following update on these changes.

The changes include moving the relevant date of employment for employees and changing the employer’s eligibility requirements for the JobKeeper extension. The relaxation of the eligibility requirements means more support to employers and their workers.

Employer eligibility

Under the previous guidelines, a business would have needed to record an actual GST turnover loss for the June, September and December quarters of this year to be eligible for the JobKeeper extension.

The new changes for employer eligibility are:

  • From 28 September 2020, eligibility will be determined by assessing actual GST turnover in the September quarter, 2020 only;
  • From 4 January 2021, eligibility will be determined by assessing actual GST turnover in the December quarter, 2020 only.

Employee eligibility

From 3 August 2020 the relevant date of employment moved from 1 March 2020 until 1 July 2020, meaning an employee who was employed before 1 July 2020 will be eligible for the JobKeeper payment provided their employer is eligible. This includes:

  • casuals who have been with their employers on a regular and systematic basis and have achieved 12 months service by 1 July 2020; and
  • employees who hold a permanent visa or a Special Category (Subclass 444) visa as at 1 July 2020.

Further information can be found at: www.ato.gov.au/General/JobKeeperPayment/Employers/.

If you require specific advice concerning the interaction between the Fair Work Act 2009 and the JobKeeper Payment program, please contact us at [email protected].

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