FAQ

Please note the following FAQ information is for general information only and is not legal advice. It should not be relied upon exclusively as a basis for acting or not acting. You should always consult a lawyer for advice specific to your circumstances.

Do I have to answer police questioning?

No, you have the right t silence. You only need to give the police your name, telephone number and address details.

Am I able to apply to get my licence back after being disqualified for life?

Yes. If you have been disqualified from driving for life, you may be able to get your driver’s licence back.

What is an Extraordinary Driver's Licence? (EDL)

An Extraordinary Driver’s Licence allows someone who has been disqualified from driving to drive in certain specified circumstances.

What is a spent conviction?

A spent conviction means that you may not have to tell certain persons or employers that you were convicted of an offence and it may not appear on certain Police Clearances.

Do I have to submit to a search?

If you have been arrested the police are allowed to search you and take a DNA sample.

When can police search my house without a warrant?

If the owner, occupier or operator consents; If they enter to make an arrest; If they have arrested you or another occupant for an offence; If they have reasonable suspicion a crime is being committed or has been committed; If they suspect terror-related activities.

Can you be charged if you don't tell Centrelink your circumstances have changed?

Yes, if you don’t notify Centrelink about changes in your circumstances and you are overpaid benefits you could face serious federal fraud charges.

What are the proceeds of crime?

Proceeds of crime are any assets that have been acquired unlawfully from crime related activity.

I have been served with a Freezing Notice what do I do?

Get legal advice as soon as possible. If you do not follow the necessary steps under the legislation, then your property may be automatically confiscated without giving you the opportunity to defend the matter.

I was convicted of some serious offences ten years ago. Can I have them removed from my record?

Yes, in certain circumstances you may apply to wipe your old convictions from your record.

What do I do if a Violence Restraining Order (VRO) has been made against me?

Get legal advice as soon as possible and do not contact the protected person by any means even if they contact you first.

Can I get charged if I breach a Violence Restraining Order?

Yes, if a person who is bound by a VRO breaches it then he/she may be charged with the criminal offence of breaching a violence restraining order. Under the current law a breach of a VRO can result in imprisonment for up to 2 years.  Under proposed new legislation this might increase.

 

Can’t find the answers you are looking for?

Get in touch, our staff can answer all of your questions:

Tel: (08) 9322 2233
Fax: (08) 9322 9888
admin@curthofmann.com.au

For urgent legal assistance outside of regular business hours.
Mobile: 0475 205 405

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