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This was posted 9 hours ago

Flight from India scheduled to arrive tomorrow The first 150 of 450 Australian passengers to come home will arrive tomorrow at Hobart. The passengers will be placed into accommodation believed to be at the Best Western hotel on the corner of Macquarie and Harrington Streets. See MoreSee Less

Flight from India scheduled to arrive tomorrow 

The first 150 of 450 Australian passengers to come home will arrive tomorrow at Hobart. The passengers will be placed into accommodation believed to be at the Best Western hotel on the corner of Macquarie and Harrington Streets.

This was posted 9 hours ago

Like their number plates used to say, “VICTORIA – ON THE MOVE” Victorian Government announces – Expansion Doubles Port Phillip Prison Hospital CapacityA newly completed expansion of the Port Phillip Prison hospital unit will mean more prisoners will get the care they need on site, without needing to be transported to hospital.Minister for Corrections Natalie Hutchins today announced the completion of a $20 million upgrade and expansion of the unit, adding 20 medical beds to the maximum security prison.The expansion doubles the prison’s hospital capacity to 40 beds, providing care for Port Phillip’s total capacity of 1,117 prisoners, as well as fulfilling the prison’s role caring for prisoners with chronic and terminal illness across the correctional system.This will enable a higher level of care to be provided on site, reducing the number of prisoners that require escort to hospital and reliance on resources in community-based hospitals.The upgrades include new facilities to support dialysis, bariatric medicine, chemotherapy, rehabilitation services and end-of-life care, as well as new treatment rooms with telehealth capabilities and a new ambulance bay.As well as upgrading and expanding the prison hospital additional exercise areas were constructed in accommodation units, helping to reduce movement of prisoners between units, and improve separation.Fire management capabilities have been upgraded to improve safety for staff and prisoners and new paving was installed to improve vehicle access to the prison.The expansion project was overseen by the Community Safety Building Authority, which delivers infrastructure on behalf of the Department of Justice and Community Safety. The project was delivered on time and on budget, in partnership with G4S, which operates the prison.Victoria’s Minister for Corrections Natalie Hutchins said:“This expansion will improve health outcomes for prisoners, reduce reliance on community-based hospitals and reduce the need to transport prisoners outside the prison.Expanded telehealth facilities, as well as the additional hospital capacity will also deliver important flexibility to operate in a COVIDSafe way.This expansion is a crucial part of building a stronger corrections system that helps keep communities safe now and into the future.” See MoreSee Less

Like their number plates used to say, “VICTORIA - ON THE MOVE” 

Victorian Government announces - Expansion Doubles Port Phillip Prison Hospital Capacity

A newly completed expansion of the Port Phillip Prison hospital unit will mean more prisoners will get the care they need on site, without needing to be transported to hospital.

Minister for Corrections Natalie Hutchins today announced the completion of a $20 million upgrade and expansion of the unit, adding 20 medical beds to the maximum security prison.

The expansion doubles the prison’s hospital capacity to 40 beds, providing care for Port Phillip’s total capacity of 1,117 prisoners, as well as fulfilling the prison’s role caring for prisoners with chronic and terminal illness across the correctional system.

This will enable a higher level of care to be provided on site, reducing the number of prisoners that require escort to hospital and reliance on resources in community-based hospitals.

The upgrades include new facilities to support dialysis, bariatric medicine, chemotherapy, rehabilitation services and end-of-life care, as well as new treatment rooms with telehealth capabilities and a new ambulance bay.

As well as upgrading and expanding the prison hospital additional exercise areas were constructed in accommodation units, helping to reduce movement of prisoners between units, and improve separation.

Fire management capabilities have been upgraded to improve safety for staff and prisoners and new paving was installed to improve vehicle access to the prison.

The expansion project was overseen by the Community Safety Building Authority, which delivers infrastructure on behalf of the Department of Justice and Community Safety. The project was delivered on time and on budget, in partnership with G4S, which operates the prison.

Victoria’s Minister for Corrections Natalie Hutchins said:

“This expansion will improve health outcomes for prisoners, reduce reliance on community-based hospitals and reduce the need to transport prisoners outside the prison.

Expanded telehealth facilities, as well as the additional hospital capacity will also deliver important flexibility to operate in a COVIDSafe way.

This expansion is a crucial part of building a stronger corrections system that helps keep communities safe now and into the future.”

This was posted 9 hours ago

Broadband speeds reach record highs during the pandemicConsumers are benefiting from faster download speeds, as retail service providers now deliver on average more than 94 per cent of plan speed in the busy evening with some monitored services regularly achieving higher speeds than expected by consumers, according to a new ACCC report.The eleventh Measuring Broadband Australia (MBA) report, published today, shows that in October retail service providers (RSPs) achieved between 84.8 and 98.5 per cent of maximum plan speed across all plans across busy hours (7-11pm).More than half of monitored NBN services achieved download speeds exceeding the maximum speeds specified in the retail plan description when averaged across all hours of the day.“Speeds in the October test period were the highest we have seen for all monitored RSPs since the start of the MBA program,” ACCC Chair Rod Sims said.In October, daytime download speeds held steady, and even during the busy hours (7-11pm) customers experienced a minimal decrease in performance.Telstra has shown the greatest improvement in their busy-hour download speeds, up by over 11 per cent since the last report. Superloop featured for the first time in this quarterly report, and achieved comparable results to other monitored RSPs with an average of 93.4 per cent of maximum plan speed during busy hours.Pandemic pressure largely resolvedThis is the second ACCC quarterly report detailing NBN network performance results during the COVID-19 pandemic, which has put sustained pressure on the network.“NBN Co’s decision to temporarily waive charges for up to 40 per cent extra capacity for RSPs in the form of increased connectivity virtual circuit (CVC) has played a key role in supporting broadband speeds during the pandemic,” Mr Sims said.The more recent uplift in speeds has also been assisted by an increase in how NBN Co over-provisions the download component of most NBN speed tiers by around 10 to 15 per cent where possible. This ensures that consumers can more reliably experience speeds closer to the maximum download speed of their chosen retail plan.“We had been concerned that consumers haven’t experienced full use of their plan speed even outside busy hours for some time now, so it is good to see the MBA’s transparency measures showcasing the faster broadband speeds available to consumers during these difficult times,” Mr Sims said.FTTN still lagging behindFibre to the node (FTTN) connections, however, are still performing considerably lower than other connection technologies. The results show that consumers on FTTN connections who are paying for high speed 50 Mbps and 100 Mbps plans received around 10 and 20 per cent lower speeds than the maximum plan speed respectively, at any given time.“Although most consumers have already benefited from increased download speeds, those on FTTN connections are continuing to experience lower than expected speeds. We encourage NBN Co and RSPs to work to resolve this, especially given the additional investment in FTTN services announced by NBN Co in September,” Mr Sims said.“Good progress has already been made on addressing this issue with the proportion of underperforming services in our sample falling from 13.9 per cent in May 2018 to 8.1 per cent in October 2020," Mr Sims said.Streaming services now able to be viewed on more simultaneous screensThe MBA report also shows how different NBN plans perform in streaming popular video content from Netflix.“The faster speeds are allowing households to stream an increased number of high definition and ultrahigh definition screens at the same time over one NBN connection,” Mr Sims said.The report also shows that all major NBN plans can support at least one high definition stream at a time. NBN plans provided on the 25 Mbps tier can support at least one ultrahigh definition stream, and nearly all could support three simultaneous high definition streams. Third monthly key indicators reportThe ACCC also released today its third monthly key indicators report which shows the trend in daily average NBN download speeds from August through to October. The report reaffirms that download speeds are significantly faster than the pre-COVID February 2020 baseline and trended up since August due to NBN Co’s 40 per cent additional capacity boost and the recent over-provisioning of download speeds to allow for full plan speeds to be achieved, in line with international practice. Speeds were also maintained during busy hours, reflecting abundant capacity on the NBN network to support additional evening demand.This is also the first report to provide network level performance results for NBN fixed wireless services. These results are drawn from a relatively small sample of fixed wireless services.“These are encouraging first results and will better inform consumers about broadband performance quality in our regional, rural and remote areas,” Mr Sims said. The ACCC is calling on broadband customers to volunteer and to also take part in the free speed test program via measuringbroadbandaustralia.com.au See MoreSee Less

Broadband speeds reach record highs during the pandemic

Consumers are benefiting from faster download speeds, as retail service providers now deliver on average more than 94 per cent of plan speed in the busy evening with some monitored services regularly achieving higher speeds than expected by consumers, according to a new ACCC report.

The eleventh Measuring Broadband Australia (MBA) report, published today, shows that in October retail service providers (RSPs) achieved between 84.8 and 98.5 per cent of maximum plan speed across all plans across busy hours (7-11pm).

More than half of monitored NBN services achieved download speeds exceeding the maximum speeds specified in the retail plan description when averaged across all hours of the day.

“Speeds in the October test period were the highest we have seen for all monitored RSPs since the start of the MBA program,” ACCC Chair Rod Sims said.

In October, daytime download speeds held steady, and even during the busy hours (7-11pm) customers experienced a minimal decrease in performance.

Telstra has shown the greatest improvement in their busy-hour download speeds, up by over 11 per cent since the last report. Superloop featured for the first time in this quarterly report, and achieved comparable results to other monitored RSPs with an average of 93.4 per cent of maximum plan speed during busy hours.

Pandemic pressure largely resolved

This is the second ACCC quarterly report detailing NBN network performance results during the COVID-19 pandemic, which has put sustained pressure on the network.

“NBN Co’s decision to temporarily waive charges for up to 40 per cent extra capacity for RSPs in the form of increased connectivity virtual circuit (CVC) has played a key role in supporting broadband speeds during the pandemic,” Mr Sims said.

The more recent uplift in speeds has also been assisted by an increase in how NBN Co over-provisions the download component of most NBN speed tiers by around 10 to 15 per cent where possible. This ensures that consumers can more reliably experience speeds closer to the maximum download speed of their chosen retail plan.

“We had been concerned that consumers haven’t experienced full use of their plan speed even outside busy hours for some time now, so it is good to see the MBA’s transparency measures showcasing the faster broadband speeds available to consumers during these difficult times,” Mr Sims said.

FTTN still lagging behind

Fibre to the node (FTTN) connections, however, are still performing considerably lower than other connection technologies. The results show that consumers on FTTN connections who are paying for high speed 50 Mbps and 100 Mbps plans received around 10 and 20 per cent lower speeds than the maximum plan speed respectively, at any given time.

“Although most consumers have already benefited from increased download speeds, those on FTTN connections are continuing to experience lower than expected speeds. We encourage NBN Co and RSPs to work to resolve this, especially given the additional investment in FTTN services announced by NBN Co in September,” Mr Sims said.

“Good progress has already been made on addressing this issue with the proportion of underperforming services in our sample falling from 13.9 per cent in May 2018 to 8.1 per cent in October 2020, Mr Sims said.

Streaming services now able to be viewed on more simultaneous screens

The MBA report also shows how different NBN plans perform in streaming popular video content from Netflix.

“The faster speeds are allowing households to stream an increased number of high definition and ultrahigh definition screens at the same time over one NBN connection,” Mr Sims said.

The report also shows that all major NBN plans can support at least one high definition stream at a time. NBN plans provided on the 25 Mbps tier can support at least one ultrahigh definition stream, and nearly all could support three simultaneous high definition streams. 

Third monthly key indicators report

The ACCC also released today its third monthly key indicators report which shows the trend in daily average NBN download speeds from August through to October. The report reaffirms that download speeds are significantly faster than the pre-COVID February 2020 baseline and trended up since August due to NBN Co’s 40 per cent additional capacity boost and the recent over-provisioning of download speeds to allow for full plan speeds to be achieved, in line with international practice. Speeds were also maintained during busy hours, reflecting abundant capacity on the NBN network to support additional evening demand.

This is also the first report to provide network level performance results for NBN fixed wireless services. These results are drawn from a relatively small sample of fixed wireless services.

“These are encouraging first results and will better inform consumers about broadband performance quality in our regional, rural and remote areas,” Mr Sims said.   

The ACCC is calling on broadband customers to volunteer and to also take part in the free speed test program via measuringbroadbandaustralia.com.au

This was posted 10 hours ago

Toyota Australia has announced that it will initiate a safety recall involving Diesel HiLux and Fortuner vehicles produced between June 2018 – December 2018. They say “Within the brake booster of involved vehicles, the strength of the resin piston could degrade due to improper moulding conditions during production. If this were to occur, repeated operation of the brake pedal may cause the piston to break, potentially causing loss of braking assist and therefore increasing the vehicle stopping distance”. Toyota dealers will inspect the vehicle and if applicable, replace the brake booster assembly free of charge.” See MoreSee Less

Toyota Australia has announced that it will initiate a safety recall involving Diesel HiLux and Fortuner vehicles produced between June 2018 - December 2018. 

They say “Within the brake booster of involved vehicles, the strength of the resin piston could degrade due to improper moulding conditions during production. If this were to occur, repeated operation of the brake pedal may cause the piston to break, potentially causing loss of braking assist and therefore increasing the vehicle stopping distance”. Toyota dealers will inspect the vehicle and if applicable, replace the brake booster assembly free of charge.”Image attachment

This was posted 10 hours ago

We are told a man was at a Liverpool Street licenced premises a short time ago carrying a walking stick with a blade built into it. Our subscriber said Police have been notified. See MoreSee Less

We are told a man was at a Liverpool Street licenced premises a short time ago carrying a walking stick with a blade built into it. Our subscriber said Police have been notified.

This was posted 11 hours ago

The Supreme Court of Tasmania has a very long list of matters on Monday. The Courts last day of sittings this year is today week, the 11th December.To view the list and all other Tasmanian Court Lists please visit our website: www.thevigilantenews.com.au See MoreSee Less

The Supreme Court of Tasmania has a very long list of matters on Monday. The Courts last day of sittings this year is today week, the 11th December.

To view the list and all other Tasmanian Court Lists please visit our website: www.thevigilantenews.com.au

This was posted 11 hours ago

Bail & Surety by the Supreme Court of Tasmania What is a Surety?A surety is a person who agrees to forfeit a sum of money if another person (the accused) does not obey the conditions of bail set by a court, or fails to appear before a court as required.Responsibilities of a SuretyIf you agree to be a surety for someone you are undertaking to the court that you are willing to be responsible for ensuring the accused obeys their bail conditions.When someone agrees to be a surety they can be required to deposit money with the court immediately, or the court may order that the money be paid only if the accused doesn’t obey any court orders. If the accused breaches a bail condition you may not be able to recover any money that you have paid.Giving an undertaking to the court is a serious step so you should make sure that you understand the undertaking, and if necessary get legal advice before you agree to give it.You should be in court each time the accused is bailed to appear.Forfeiture (Estreatment of Surety)If a person on bail does not comply with their bail order the prosecutor may apply to the court for an order that you forfeit (lose) the amount of money you agreed to pay when you became a surety for the accused.If the prosecutor makes an application for forfeiture you will get a copy of the application. You will be given the opportunity to go to court and have your say when a Judge hears the application.The Judge may order that you forfeit some or all the money you agreed to be liable to pay when you became a surety. You will not get this money back – it will be paid to the State of Tasmania.If you have not already deposited the money with the court you will have to pay the amount to be forfeited in a similar way to a fine that is ordered to be paid by the court. If the amount is not paid the penalty will be enforced in the same way as a fine.Will only part or all of the money be forfeited?This will depend on the circumstances including the evidence on the following points:Proof by that the accused breached bail, proof of the recognizance (undertaking) and of service of the application on the surety;The extent to which, if at all, the surety was at fault for the breach of bail;How soon the breach or expected breach was reported to police and how helpful the surety has been to locate/arrest the accused;How soon other relevant bail breaches by the accused have been reported;The surety’s financial circumstances – capacity to afford the loss of the money;Whether the accused is still at large, having absconded from bail;It may be relevant whether the surety was present in court on the appointed date, even if the accused is not.Powers of a SuretyIf a person who has agreed to act as surety believes, on reasonable grounds, that the accused has broken, or is about to break, a condition of bail the surety may arrest that person and take them before the court as soon as practicable.If the surety is unable to bring the accused before the court themselves they should ask a police officer to perform this task. You will need to show your surety papers to the police. A police officer who is asked by the surety to help the surety arrest the accused MUST do so (S.26(5) of the Bail Act 1994).Being Released as a SuretyOnly the court can release a surety from their obligations. The police do not have the power to do this.To be released from your obligations you must make an application to the court to be released from the order. The accused must be present for the hearing of that application.Getting Your Money BackUnless the Judge ordered otherwise, once the accused’s matters have been finalised (i.e. sentence imposed or charges dismissed) the amount of the surety can be refunded. This will be paid to you by cheque via post or directly deposited to your bank account. You should expect this process to take several working days.To arrange for your money to be returned, please write to the Registrar of the Supreme Court and provide the receipt or a copy of the receipt you were given when the money was deposited with the court, along with a copy of the relevant sentencing remarks and the following:The accused’s name;Your name, address and phone number;Amount paid as surety;Date paid;Your bank details – bank; BSB number; account number; account name(s). See MoreSee Less

Bail & Surety by the Supreme Court of Tasmania 

What is a Surety?

A surety is a person who agrees to forfeit a sum of money if another person (the accused) does not obey the conditions of bail set by a court, or fails to appear before a court as required.

Responsibilities of a Surety

If you agree to be a surety for someone you are undertaking to the court that you are willing to be responsible for ensuring the accused obeys their bail conditions.

When someone agrees to be a surety they can be required to deposit money with the court immediately, or the court may order that the money be paid only if the accused doesn’t obey any court orders.  If the accused breaches a bail condition you may not be able to recover any money that you have paid.

Giving an undertaking to the court is a serious step so you should make sure that you understand the undertaking, and if necessary get legal advice before you agree to give it.

You should be in court each time the accused is bailed to appear.

Forfeiture (Estreatment of Surety)

If a person on bail does not comply with their bail order the prosecutor may apply to the court for an order that you forfeit (lose) the amount of money you agreed to pay when you became a surety for the accused.

If the prosecutor makes an application for forfeiture you will get a copy of the application.  You will be given the opportunity to go to court and have your say when a Judge hears the application.

The Judge may order that you forfeit some or all the money you agreed to be liable to pay when you became a surety.  You will not get this money back – it will be paid to the State of Tasmania.

If you have not already deposited the money with the court you will have to pay the amount to be forfeited in a similar way to a fine that is ordered to be paid by the court.  If the amount is not paid the penalty will be enforced in the same way as a fine.

Will only part or all of the money be forfeited?

This will depend on the circumstances including the evidence on the following points:

Proof by that the accused breached bail, proof of the recognizance (undertaking) and of service of the application on the surety;
The extent to which, if at all, the surety was at fault for the breach of bail;
How soon the breach or expected breach was reported to police and how helpful the surety has been to locate/arrest the accused;
How soon other relevant bail breaches by the accused have been reported;
The surety’s financial circumstances – capacity to afford the loss of the money;
Whether the accused is still at large, having absconded from bail;
It may be relevant whether the surety was present in court on the appointed date, even if the accused is not.

Powers of a Surety

If a person who has agreed to act as surety believes, on reasonable grounds, that the accused has broken, or is about to break, a condition of bail the surety may arrest that person and take them before the court as soon as practicable.

If the surety is unable to bring the accused before the court themselves they should ask a police officer to perform this task.  You will need to show your surety papers to the police.  A police officer who is asked by the surety to help the surety arrest the accused MUST do so (S.26(5) of the Bail Act 1994).

Being Released as a Surety

Only the court can release a surety from their obligations.  The police do not have the power to do this.

To be released from your obligations you must make an application to the court to be released from the order.  The accused must be present for the hearing of that application.

Getting Your Money Back

Unless the Judge ordered otherwise, once the accused’s matters have been finalised (i.e. sentence imposed or charges dismissed) the amount of the surety can be refunded.  This will be paid to you by cheque via post or directly deposited to your bank account.  You should expect this process to take several working days.

To arrange for your money to be returned, please write to the Registrar of the Supreme Court and provide the receipt or a copy of the receipt you were given when the money was deposited with the court, along with a copy of the relevant sentencing remarks and the following:

The accused’s name;
Your name, address and phone number;
Amount paid as surety;
Date paid;
Your bank details – bank; BSB number; account number; account name(s).

This was posted 11 hours ago

The Tasmania Police Westpac rescue helicopter has been activated to Bruny Island on a medivac.The Tasmania Police Westpac rescue helicopter was activated to Mathinna tonight on a medivac, we understand a motorcycle crash. See MoreSee Less

This was posted 12 hours ago

Are you: In need of legal help? Been arrested? Have to go to Court and don’t know where to turn?While The Vigilante News is a media reporting service, we can refer your case to lawyers who we see in action in court, on a daily basis, who we have confidence in. Please note that The Vigilante News does not provide a legal service, does not receive a benefit for any referral, and is not a party to any retainer that might arise between you and a lawyer who we refer you to. The extent of The Vigilante News’ interest in your being legally represented is no greater than that of any other person to see that the adversarial justice system is run as efficiently and effectively as possible, with no party at an unfair disadvantage. Legal aid funded cases included.© The Vigilante News All rights reserved See MoreSee Less

Are you: In need of legal help? Been arrested? Have to go to Court and dont know where to turn?

While The Vigilante News is a media reporting service, we can refer your case to lawyers who we see in action in court, on a daily basis, who we have confidence in. 

Please note that The Vigilante News does not provide a legal service, does not receive a benefit for any referral, and is not a party to any retainer that might arise between you and a lawyer who we refer you to. The extent of The Vigilante News interest in your being legally represented is no greater than that of any other person to see that the adversarial justice system is run as efficiently and effectively as possible, with no party at an unfair disadvantage. 

Legal aid funded cases included.

© The Vigilante News 
All rights reserved

This was posted 13 hours ago

Our subscriber, the partner of a man who died in a motorcycle crash on Augusta Road, Lenah Valley on Sunday has written in tonight quite distressed. Our subscriber family and friends have been leaving fresh flowers at the crash site only to have them either stolen or removed by someone for some reason. We don’t believe the Hobart City Council would be so insensitive. See MoreSee Less

Our subscriber, the partner of a man who died in a motorcycle crash on Augusta Road, Lenah Valley on Sunday has written in tonight quite distressed. Our subscriber family and friends have been leaving fresh flowers at the crash site only to have them either stolen or removed by someone for some reason. We don’t believe the Hobart City Council would be so insensitive.

This was posted 14 hours ago

STATE OF TASMANIA v S 4 DECEMBER 2020 COMMENTS ON PASSING SENTENCEMr S , has pleaded guilty to one count of armed robbery.He committed the crime on 25 September 2019. He ordered a taxi at about 9pm for a trip from Sorell to Bridgewater. It is clear that he did not have any money and had no intention of paying for the taxi. He used a false name when he ordered the taxi. However, when the taxi arrived, the driver asked him to pay upfront and when he was not able to do so, the driver refused to take him.He made another attempt to order a taxi from the same company about an hour later, using a different false name. On this occasion, the driver did not ask for pre-payment and agreed to the fare. He sat in the front during the journey. When the taxi arrived at the destination, he threatened the driver with a broken pair of scissors by holding it towards and about 30 cm away from his chest, and demanded that he give him what he had, including his wallet and any money in his possession. The driver told Mr S to take what he wanted. He took his wallet and then pulled his mobile telephone from where the driver was holding it between his legs. He then leaned over him, still holding the scissors and took the coin holder from its position between the driver’s seat and the driver’s door. He then got out of the taxi and ran away.Understandably, the driver was terrified during the course of the robbery. He only saw the blade of the scissors and, again understandably, believed that it was a knife. His impact statement reveals that he was in fear of being stabbed. He had two weeks unpaid leave after this and although he has continued working as a taxi driver, has stopped driving taxis at night. He continues to be apprehensive about doing so because of his experience on this occasion. Although he has recovered most of the property which was taken, the cash in his wallet has not been recovered and he has also been deprived of the fare of the trip. I intend to make the compensation order that has been sought.Mr S was 23 when he committed this crime and he is now 24. I think it is fair to say he has a lengthy and appalling criminal history, which commences when he was 16 years of age. It reflects a history of continuous offending, substantially related to offences of dishonesty. It is consistent a long-standing drug problem and the use of crime in order to fund the purchase of drugs. It would seem that that is what was happening on this occasion. There are also a number of offences which include an element of violence. In 2013, when he was 17 years of age, he was sentenced by this Court to imprisonment for the crime of aggravated armed robbery. He has also been dealt with for assault offences and offences against police on a number of occasions. The whole range of sentencing options has been utilised by the courts in respect of his past offending, and this does not seem to have had any discernible effect on his conduct. He had only been released from custody for five days when he committed this crime.So it is a serious example of the crime of armed robbery. Mr S disputes that he premeditated the commission of the robbery, but it is clear that he had premeditated that he would not pay for the taxi fare, and he knew that when he entered the taxi, he was armed with a weapon. I am told that he had the weapon in his possession for the purpose of other offending, such as breaking into motor vehicles, but it does not change the fact that he was still aware that he had it with him when he entered the taxi. His preparedness to use the weapon, and then his conduct towards and statements to the driver were extremely threatening, and it is easy to understand that this would have been a terrifying experience for the driver. He was sitting in the front seat holding the weapon in close proximity to him, and when he took possession of the coin holder, he must have leant over him, still holding the scissors. The violence involved in and implicit in this conduct is significant and concerning. It was arrogant conduct. He just helped himself to the taxi driver’s property. Taxi drivers are particularly vulnerable to conduct such as this. In all of the circumstances, general deterrence is a particularly significant sentencing consideration.Mr S claims to be remorseful, and that is significant in terms of his commitment to the proposed drug treatment program. It would otherwise have little significance in relation to the formulation of sentence in a case such as this.I have indicated why I intend to place him on the CMD program and utilise the drug treatment order as a sentence. I would have imposed a sentence in the order of between two years and six months and three years were I not considering this option, and I would not have suspended any part of that order.He has now been in custody, unallocated to any other sentence for a period of approximately 12 months. So I intend to make the custodial period two years, which is in addition to the time he has already served. It seems to me that that adds up to about the right time for this crime. Given that I do regard this as a very serious crime, Mr S should understand that I will recall that, and if he does breach this drug treatment order and comes back for re-sentencing by me, or consideration of the activation of that sentence, I would need a lot of persuasion not to activate the whole of that sentence, subject to any other time served. So that is what he is facing if he does not comply with the conditions of this order.I do intend to make the drug treatment order. Just before I do I make a compensation order in favour of Mr Singh in the sum of $225.40.Accordingly, I intend to make a drug treatment order.1 I am satisfied that he has a demonstrable history of illicit drug use and that that drug use has contributed to the commission of the crime for which he is being sentenced; 2 that were it not for making a drug treatment order, I would have sentenced him to a term of imprisonment and would not have suspended the sentence either in whole or in part; 3 that there are no proceedings pending against him in any court for sexual offences or offences involving the infliction of actual bodily harm; 4 that it is appropriate in all circumstances to make the order and the facilities likely to be used for the treatment and supervision part of the order are reasonably accessible; 5 that there are sufficient staff and resources available to comply with the requirements of s 27B(3)(ba) of the Sentencing Act. Mr S is sentenced to a drug treatment order. The custodial part of the order will be a term of imprisonment of two years. He is not required to serve all or any of the custodial part of the order unless ordered to do so by a court if he does not comply with the conditions of the order.I will again make the point – it will be on the record – that I have taken into account in assessing that term of two years, the time already served. So I would not regard that time as being unallocated time. In the event that the custodial period is activated, that period is in addition to the time that he has already served. I would not have made this order otherwise.The conditions of the order are as follows:1 He must not in Tasmania or elsewhere, commit another imprisonable offence.2 He must attend the Magistrates Court of Tasmania on 14 December 2020 at 10.30am, and thereafter attend as required by that court.3 He must report to a court diversion officer at Community Corrections at Hobart within two clear working days of the making of this order.4 He must undergo such treatment for his illicit drug use problem as it specified in this order, and from time to time as specified by the court.5 He must report to and accept visits from his case manager or court diversion officers.6 He must, unless there are special circumstances, give his manager at least two clear working days’ notice before any change of address.7 He must not leave Tasmania unless with the permission granted generally or in a particular case by the court.8 He must comply with all lawful directions of the court.9 He must comply with all reasonable directions of his case manager or court diversion officers concerning the core conditions and program conditions of the order.10 The program conditions of the order will be:(a) he must submit to drug testing as directed by his case manager or court diversion officers;(b) he must submit to detoxification or other treatment, whether or not residential in nature as directed his case manager or court diversion officers;(c) he must attend vocational, educational, employment, rehabilitation or other programs as directed his case manager or court diversion officers;(d) he must submit to medical, psychiatric or psychological treatment as directed his case manager or court diversion officers;(e) he must reside at [address] and not change that address without the prior approval of the court;(f) he must be at [address] between 7pm and 7am each day, unless in the company of his mother or his father.There will be further conditions:(g) he must not use any illicit drug;(h) he must not use any non-prescribed drug, except in accordance with the direction of his general practitioner, treating medical specialist or case manager;(i) he must not use any legal drug that interferes with his ability to comply with the conditions of this order;(j) he must attend counselling as directed by the case manager;(k) he must be contactable by telephone at all times, and inform his case manager of any change of telephone number;(l) he must not consume alcohol to excess, and submit to breath testing as directed;(m) he must not associate with anyone who uses licit or illicit drugs, synthetic substances, unidentified drugs that alter mood or perception without the permission of his case manager;(n) he must not associate with [named persons]. See MoreSee Less

STATE OF TASMANIA v S 4 DECEMBER 2020 COMMENTS ON PASSING SENTENCE
Mr S , has pleaded guilty to one count of armed robbery.
He committed the crime on 25 September 2019. He ordered a taxi at about 9pm for a trip from Sorell to Bridgewater. It is clear that he did not have any money and had no intention of paying for the taxi. He used a false name when he ordered the taxi. However, when the taxi arrived, the driver asked him to pay upfront and when he was not able to do so, the driver refused to take him.
He made another attempt to order a taxi from the same company about an hour later, using a different false name. On this occasion, the driver did not ask for pre-payment and agreed to the fare. He sat in the front during the journey. When the taxi arrived at the destination, he threatened the driver with a broken pair of scissors by holding it towards and about 30 cm away from his chest, and demanded that he give him what he had, including his wallet and any money in his possession. The driver told Mr S  to take what he wanted. He took his wallet and then pulled his mobile telephone from where the driver was holding it between his legs. He then leaned over him, still holding the scissors and took the coin holder from its position between the driver’s seat and the driver’s door. He then got out of the taxi and ran away.
Understandably, the driver was terrified during the course of the robbery. He only saw the blade of the scissors and, again understandably, believed that it was a knife. His impact statement reveals that he was in fear of being stabbed. He had two weeks unpaid leave after this and although he has continued working as a taxi driver, has stopped driving taxis at night. He continues to be apprehensive about doing so because of his experience on this occasion. Although he has recovered most of the property which was taken, the cash in his wallet has not been recovered and he has also been deprived of the fare of the trip. I intend to make the compensation order that has been sought.
Mr S  was 23 when he committed this crime and he is now 24. I think it is fair to say he has a lengthy and appalling criminal history, which commences when he was 16 years of age. It reflects a history of continuous offending, substantially related to offences of dishonesty. It is consistent a long-standing drug problem and the use of crime in order to fund the purchase of drugs. It would seem that that is what was happening on this occasion. There are also a number of offences which include an element of violence. In 2013, when he was 17 years of age, he was sentenced by this Court to imprisonment for the crime of aggravated armed robbery. He has also been dealt with for assault offences and offences against police on a number of occasions. The whole range of sentencing options has been utilised by the courts in respect of his past offending, and this does not seem to have had any discernible effect on his conduct. He had only been released from custody for five days when he committed this crime.
So it is a serious example of the crime of armed robbery. Mr S  disputes that he premeditated the commission of the robbery, but it is clear that he had premeditated that he would not pay for the taxi fare, and he knew that when he entered the taxi, he was armed with a weapon. I am told that he had the weapon in his possession for the purpose of other offending, such as breaking into motor vehicles, but it does not change the fact that he was still aware that he had it with him when he entered the taxi. His preparedness to use the weapon, and then his conduct towards and statements to the driver were extremely threatening, and it is easy to understand that this would have been a terrifying experience for the driver. He was sitting in the front seat holding the weapon in close proximity to him, and when he took possession of the coin holder, he must have leant over him, still holding the scissors. The violence involved in and implicit in this conduct is significant and concerning. It was arrogant conduct. He just helped himself to the taxi driver’s property. Taxi drivers are particularly vulnerable to conduct such as this. In all of the circumstances, general deterrence is a particularly significant sentencing consideration.
Mr S  claims to be remorseful, and that is significant in terms of his commitment to the proposed drug treatment program. It would otherwise have little significance in relation to the formulation of sentence in a case such as this.
I have indicated why I intend to place him on the CMD program and utilise the drug treatment order as a sentence. I would have imposed a sentence in the order of between two years and six months and three years were I not considering this option, and I would not have suspended any part of that order.
He has now been in custody, unallocated to any other sentence for a period of approximately 12 months. So I intend to make the custodial period  two years, which is in addition to the time he has already served. It seems to me that that adds up to about the right time for this crime. Given that I do regard this as a very serious crime, Mr S  should understand that I will recall that, and if he does breach this drug treatment order and comes back for re-sentencing by me, or consideration of the activation of that sentence, I would need a lot of persuasion not to activate the whole of that sentence, subject to any other time served. So that is what he is facing if he does not comply with the conditions of this order.
I do intend to make the drug treatment order. Just before I do I make a compensation order in favour of Mr Singh in the sum of $225.40.
Accordingly, I intend to make a drug treatment order.
1          I am satisfied that he has a demonstrable history of illicit drug use and that that drug use has contributed to the commission of the crime for which he is being sentenced;
 2          that were it not for making a drug treatment order, I would have sentenced him to a term of imprisonment and would not have suspended the sentence either in whole or in part;
 3          that there are no proceedings pending against him in any court for sexual offences or offences involving the infliction of actual bodily harm;
 4          that it is appropriate in all circumstances to make the order and the facilities likely to be used for the treatment and supervision part of the order are reasonably accessible;
 5          that there are sufficient staff and resources available to comply with the requirements of s 27B(3)(ba) of the Sentencing Act.
 Mr S  is sentenced to a drug treatment order. The custodial part of the order will be a term of imprisonment of two years. He is not required to serve all or any of the custodial part of the order unless ordered to do so by a court if he does not comply with the conditions of the order.
I will again make the point – it will be on the record – that I have taken into account in assessing that term of two years, the time already served. So I would not regard that time as being unallocated time. In the event that the custodial period is activated, that period is in addition to the time that he has already served. I would not have made this order otherwise.
The conditions of the order are as follows:
1          He must not in Tasmania or elsewhere, commit another imprisonable offence.
2          He must attend the Magistrates Court of Tasmania on 14 December 2020 at 10.30am, and thereafter attend as required by that court.
3          He must report to a court diversion officer at Community Corrections at Hobart within two clear working days of the making of this order.
4          He must undergo such treatment for his illicit drug use problem as it specified in this order, and from time to time as specified by the court.
5          He must report to and accept visits from his case manager or court diversion officers.
6          He must, unless there are special circumstances, give his manager at least two clear working days’ notice before any change of address.
7          He must not leave Tasmania unless with the permission granted generally or in a particular case by the court.
8          He must comply with all lawful directions of the court.
9          He must comply with all reasonable directions of his case manager or court diversion officers concerning the core conditions and program conditions of the order.
10        The program conditions of the order will be:
(a)        he must submit to drug testing as directed by his case manager or court diversion officers;
(b)        he must submit to detoxification or other treatment, whether or not residential in nature as directed his case manager or court diversion officers;
(c)        he must attend vocational, educational, employment, rehabilitation or other programs as directed his case manager or court diversion officers;
(d)       he must submit to medical, psychiatric or psychological treatment as directed his case manager or court diversion officers;
(e)        he must reside at [address] and not change that address without the prior approval of the court;
(f)        he must be at [address] between 7pm and 7am each day, unless in the company of his mother or his father.
There will be further conditions:
(g)        he must not use any illicit drug;
(h)        he must not use any non-prescribed drug, except in accordance with the direction of his general practitioner, treating medical specialist or case manager;
(i)         he must not use any legal drug that interferes with his ability to comply with the conditions of this order;
(j)         he must attend counselling as directed by the case manager;
(k)        he must be contactable by telephone at all times, and inform his case manager of any change of telephone number;
(l)         he must not consume alcohol to excess, and submit to breath testing as directed;
(m)       he must not associate with anyone who uses licit or illicit drugs, synthetic substances, unidentified drugs that alter mood or perception without the permission of his case manager;
(n)        he must not associate with [named persons].

This was posted 16 hours ago

Tasmania Police say they are still investigating a fatal crash from nine months ago today dropping charges against the driver of causing a death of a person by negligent driving. See MoreSee Less

Tasmania Police say they are still investigating a fatal crash from nine months ago today dropping charges against the driver of causing a death of a person by negligent driving.

This was posted 16 hours ago

The Hon Michelle O’Byrne posted on her Facebook page today:“And with that the second reading on End-of-Life Choices (Voluntary Assisted Dying) Bill passes the Lower House. 17 to 7. We shall resume it in March. Congratulations to everyone who has done so much to get us here. I am in awe of the passion, hard work and integrity you have shown. And to all who made representations. Overwhelmingly respectful of the debate.” See MoreSee Less

The Hon Michelle O’Byrne posted on her Facebook page today:

“And with that the second reading on End-of-Life Choices (Voluntary Assisted Dying) Bill passes the Lower House. 17 to 7.  We shall resume it in March.  Congratulations to everyone who has done so much to get us here.  I am in awe of the passion, hard work and integrity you have shown.  And to all who made representations.  Overwhelmingly respectful of the debate.”

This was posted 16 hours ago

For this sentence and all sex crime sentences please visit our website: www.thevigilantenews.com.au/category/sex-crime-sentences See MoreSee Less

For this sentence and all sex crime sentences please visit our website: https://www.thevigilantenews.com.au/category/sex-crime-sentences

This was posted 17 hours ago

Police have arrested 18 people and seized almost 30 firearms, drugs and cash as part of a national joint operation to target and disrupt criminal activities linked to the Mongols Outlaw Motorcycle Gang (OMCG).A series of coordinated warrants and other operational activities were undertaken yesterday, Thursday 3 December, by police and other government agencies and partners from across Australia. Law enforcement agencies involved included Victoria Police, Australian Federal Police, Australian Border Force, Western Australia Police, Northern Territory Police, Queensland Police Service, South Australia Police and New South Wales Police Force.18 people were arrested, including Mongols office bearers, members and associates, and charged with a range of offences.A number of items were also seized including firearms, drugs, cash following the execution of almost 20 search warrants nationally.In addition to the arrests and seizures made yesterday, valuable intelligence was gained which will be shared with all law enforcement agencies through the Australian Criminal and Intelligence Commission’s Australian Gangs Intelligence Coordination Centre.Victoria Police Acting Assistant Commissioner Mick Frewen, speaking on behalf of National Task Force Morpheus, said it was imperative that law enforcement agencies across Australia continue to work to together to target OMCGs, including the Mongols.“This is a group we know have traditionally been involved in violent crimes such as shootings, assaults, arson, drug trafficking, extortion and intimidation,” Acting Assistant Commissioner Frewen said.“These activities bring immense harm to communities across Australia and often significantly impact innocent people who have no links to the OMCG.“Organised criminal groups such as the Mongols aren’t a state-based problem, they remain a significant issue for law enforcement right across Australia and days of action such as this one provides the ideal opportunity for us to work together to target their offending and also gather intelligence.“This benefits us by not only immediately removing offenders and their weapons or drugs from the community, but also builds our knowledge to support future investigations. “It’s important that criminal organisations such as the Mongols are held accountable for their criminal actions and this week shows that police will actively work to disrupt their activities.”“The members of National Task Force Morpheus are committed to disrupting and dismantling the criminal networks linked to outlaw motorcycle gangs and will do everything within their powers to protect the community from the dangers outlaw motorcycle gangs pose.”AFP Acting Commander Sascha Rayner said today’s activity shows that police continue to target OMCGs using both traditional and non-traditional law enforcement methods, including executing search warrants on clubhouses, investigating tax and welfare payments and monitoring travel movements and business activities."The community need to be aware that OMCGs are not harmless motorcycle clubs—they are well-organised criminal gangs causing harm and disruption across our country," A/Cmdr Rayner said."The AFP continues to work closely with our domestic and international counterparts to detect, deter and disrupt all types of criminal activities undertaken by OMCGs both within Australia and overseas. State and international borders are no impediment to the joined-up efforts to combat these criminal groups and protect the Australian community."Queensland Police Crime and Intelligence Command A/Assistant Commissioner Katherine Innes said co-ordinated activities were an important part of disrupting OMCG criminal activity.“These ongoing activities are based on real time intelligence, and in response to anti-social and violent behaviour by gang members, which impacts the safety of the community.“We will continue to work collaboratively with our state, territory and Commonwealth partners to take action at every opportunity to dismantle and disrupt the illegal, anti-social and violent behaviours associated with OMCGs,” A/Assistant Commissioner Innes said.National Task Force Morpheus is a joint initiative of Australia and New Zealand law enforcement and Australian Commonwealth agencies targeting the crime associated with Outlaw Motorcycle Gangs (OMCG). The National Taskforce has been working cooperatively to prevent OMCG from establishing in our communities to reduce harm and ensure community safety and wellbeing in public spaces. Anyone with information about OMCG activity is urged to contact Crime Stoppers on 1800 333 000. See MoreSee Less

Police have arrested 18 people and seized almost 30 firearms, drugs and cash as part of a national joint operation to target and disrupt criminal activities linked to the Mongols Outlaw Motorcycle Gang (OMCG).

A series of coordinated warrants and other operational activities were undertaken yesterday, Thursday 3 December, by police and other government agencies and partners from across Australia. Law enforcement agencies involved included Victoria Police, Australian Federal Police, Australian Border Force, Western Australia Police, Northern Territory Police, Queensland Police Service, South Australia Police and New South Wales Police Force.

18 people were arrested, including Mongols office bearers, members and associates, and charged with a range of offences.

A number of items were also seized including firearms, drugs, cash following the execution of almost 20 search warrants nationally.

In addition to the arrests and seizures made yesterday, valuable intelligence was gained which will be shared with all law enforcement agencies through the Australian Criminal and Intelligence Commission’s Australian Gangs Intelligence Coordination Centre.

Victoria Police Acting Assistant Commissioner Mick Frewen, speaking on behalf of National Task Force Morpheus, said it was imperative that law enforcement agencies across Australia continue to work to together to target OMCGs, including the Mongols.

“This is a group we know have traditionally been involved in violent crimes such as shootings, assaults, arson, drug trafficking, extortion and intimidation,” Acting Assistant Commissioner Frewen said.

“These activities bring immense harm to communities across Australia and often significantly impact innocent people who have no links to the OMCG.

“Organised criminal groups such as the Mongols aren’t a state-based problem, they remain a significant issue for law enforcement right across Australia and days of action such as this one provides the ideal opportunity for us to work together to target their offending and also gather intelligence.

“This benefits us by not only immediately removing offenders and their weapons or drugs from the community, but also builds our knowledge to support future investigations. “It’s important that criminal organisations such as the Mongols are held accountable for their criminal actions and this week shows that police will actively work to disrupt their activities.”

“The members of National Task Force Morpheus are committed to disrupting and dismantling the criminal networks linked to outlaw motorcycle gangs and will do everything within their powers to protect the community from the dangers outlaw motorcycle gangs pose.”

AFP Acting Commander Sascha Rayner said today’s activity shows that police continue to target OMCGs using both traditional and non-traditional law enforcement methods, including executing search warrants on clubhouses, investigating tax and welfare payments and monitoring travel movements and business activities.

The community need to be aware that OMCGs are not harmless motorcycle clubs—they are well-organised criminal gangs causing harm and disruption across our country, A/Cmdr Rayner said.

The AFP continues to work closely with our domestic and international counterparts to detect, deter and disrupt all types of criminal activities undertaken by OMCGs both within Australia and overseas. State and international borders are no impediment to the joined-up efforts to combat these criminal groups and protect the Australian community.

Queensland Police Crime and Intelligence Command A/Assistant Commissioner Katherine Innes said co-ordinated activities were an important part of disrupting OMCG criminal activity.

“These ongoing activities are based on real time intelligence, and in response to anti-social and violent behaviour by gang members, which impacts the safety of the community.

“We will continue to work collaboratively with our state, territory and Commonwealth partners to take action at every opportunity to dismantle and disrupt the illegal, anti-social and violent behaviours associated with OMCGs,” A/Assistant Commissioner Innes said.

National Task Force Morpheus is a joint initiative of Australia and New Zealand law enforcement and Australian Commonwealth agencies targeting the crime associated with Outlaw Motorcycle Gangs (OMCG). 

The National Taskforce has been working cooperatively to prevent OMCG from establishing in our communities to reduce harm and ensure community safety and wellbeing in public spaces. Anyone with information about OMCG activity is urged to contact Crime Stoppers on 1800 333 000.

This was posted 19 hours ago

Tasman Highway, Bicheno. No further details yet. See MoreSee Less

Tasman Highway, Bicheno. No further details yet.

This was posted 19 hours ago

Crash at Tolosa Street this morning. See MoreSee Less

Crash at Tolosa Street this morning.

This was posted 20 hours ago

A 35-year-old Queensland man has been charged with accessing and transmitting child abuse material using an encrypted application.The Brisbane Joint Anti Child Exploitation Team (BNE JACET) arrested the man yesterday (3 December) following a report from the United States National Center for Missing and Exploited Children (NCMEC) to the Australian Centre to Counter Child Exploitation (ACCCE).The report alleged a person, suspected to be in Queensland, was uploading child abuse material online.Investigators from BNE JACET, which comprises Australian Federal Police and Queensland Police Service officers, executed a search warrant at the man’s home in Deception Bay yesterday morning and allegedly identified that he had been using Wickr to share child abuse material.During a search of the home, officers seized two mobile phones and a tablet which allegedly contained child abuse material, as well as two hard drives for further forensic analysis.The 35-year-old Deception Bay man has been charged with:one count of using a carriage service to access child abuse material contrary to section 474.22(1)(a)(i) of the Criminal Code Act 1995 (Cth);one count of using a carriage service to transmit child abuse material section, contrary to section 474.22(1)(a)(iii) of the Criminal Code Act 1995 (Cth); andone count of possessing or controlling child abuse material or accessed using a carriage service Section 474.22A(1) of the Criminal Code Act 1995 (Cth).The potential maximum penalty for these offence is 15 years’ imprisonment.He is due to appear in Brisbane Magistrates Court on 11 December.AFP Child Protection Operations Detective Superintendent Paula Hudson said the AFP’s international partnerships were vital to stopping those spreading child abuse material online.“It takes a network to break a network and this arrest today is an example of our strong relationships with international law enforcement,” Detective Superintendent Hudson said.“Our message to offenders sharing and exchanging child abuse material is that the AFP will not stop investigating those responsible for spreading this abhorrent material and bringing them before the court.”Members of the public who have any information about people involved in child abuse and exploitation are urged to call Crime stoppers on 1800 333 000. See MoreSee Less

This was posted 20 hours ago

Ambulance Tasmania and Tasmania Police are attending a two vehicle crash on Fortescue Bay Road, Fortescue. See MoreSee Less

Ambulance Tasmania and Tasmania Police are attending a two vehicle crash on Fortescue Bay Road, Fortescue.

This was posted 20 hours ago

Court action against Hutchinson and CFMMEU over alleged boycottThe ACCC has instituted Federal Court civil proceedings against construction company J Hutchinson Pty Ltd (Hutchinson) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) over alleged boycott conduct at a building site in Brisbane.The proceedings relate to an alleged agreement in 2016 between Hutchinson and the CFMMEU, in which Hutchinson allegedly agreed to terminate the contract of an independent waterproofing subcontractor working on the Southpoint A Apartments construction project in South Brisbane.The ACCC alleges that Hutchinson terminated the subcontractor to avoid conflict with, or industrial action by, the CFMMEU at the site. Hutchinson was the head contractor on the Southpoint A site. The waterproofing subcontractor was not covered by an enterprise agreement with the CFMMEU.The ACCC alleges that, by making and acting on the agreement, Hutchinson contravened sections 45E and 45EA of the Competition and Consumer Act, which prohibit contracts, arrangements or understandings for the purpose of preventing or hindering the acquisition of goods or services from a supplier.The CFMMEU allegedly induced or was knowingly concerned in these contraventions.“Tackling anti-competitive conduct in the construction industry is a priority for the ACCC, and this includes boycotts like the one alleged to have taken place here,” ACCC Chair Rod Sims said.“Boycotts are extremely detrimental to competitive markets and the economy, and can do great damage to those businesses targeted. Given this, we will take action to detect and deter such conduct whenever we can.”The ACCC was assisted by the Australian Building and Construction Commission during the course of its investigation. The ACCC and the ABCC signed a Memorandum of Understanding in 2017.BackgroundHutchinson is one of Australia’s biggest privately owned construction companies with around 1,800 staff and over $2.5 billion worth of projects annually.The CFMMEU is a trade union organisation that represents member employees in a number of industries including the construction industry.The ACCC’s Commercial Construction Unit was established in 2017. It focuses on anti-competitive conduct and unfair business practices in the construction industry. Issues impacting the construction industry can be reported to the ACCC’s Commercial Construction Unit anonymously at www.accc.gov.au/ccu or contact the Infocentre on 1300 302 502.The ACCC is seeking declarations, injunctions, pecuniary penalties, orders for findings of fact, compliance training and, against the CFMMEU only, adverse publicity orders.www.accc.gov.au/system/files/ACCC%20v%20J%20Hutchinson%20Pty%20Ltd_%20Concise%20Statement.pdf See MoreSee Less

Court action against Hutchinson and CFMMEU over alleged boycott

The ACCC has instituted Federal Court civil proceedings against construction company J Hutchinson Pty Ltd (Hutchinson) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) over alleged boycott conduct at a building site in Brisbane.

The proceedings relate to an alleged agreement in 2016 between Hutchinson and the CFMMEU, in which Hutchinson allegedly agreed to terminate the contract of an independent waterproofing subcontractor working on the Southpoint A Apartments construction project in South Brisbane.

The ACCC alleges that Hutchinson terminated the subcontractor to avoid conflict with, or industrial action by, the CFMMEU at the site. Hutchinson was the head contractor on the Southpoint A site. The waterproofing subcontractor was not covered by an enterprise agreement with the CFMMEU.

The ACCC alleges that, by making and acting on the agreement, Hutchinson contravened sections 45E and 45EA of the Competition and Consumer Act, which prohibit contracts, arrangements or understandings for the purpose of preventing or hindering the acquisition of goods or services from a supplier.

The CFMMEU allegedly induced or was knowingly concerned in these contraventions.

“Tackling anti-competitive conduct in the construction industry is a priority for the ACCC, and this includes boycotts like the one alleged to have taken place here,” ACCC Chair Rod Sims said.

“Boycotts are extremely detrimental to competitive markets and the economy, and can do great damage to those businesses targeted. Given this, we will take action to detect and deter such conduct whenever we can.”

The ACCC was assisted by the Australian Building and Construction Commission during the course of its investigation. The ACCC and the ABCC signed a Memorandum of Understanding in 2017.

Background

Hutchinson is one of Australia’s biggest privately owned construction companies with around 1,800 staff and over $2.5 billion worth of projects annually.

The CFMMEU is a trade union organisation that represents member employees in a number of industries including the construction industry.

The ACCC’s Commercial Construction Unit was established in 2017. It focuses on anti-competitive conduct and unfair business practices in the construction industry. Issues impacting the construction industry can be reported to the ACCC’s Commercial Construction Unit anonymously at www.accc.gov.au/ccu or contact the Infocentre on 1300 302 502.

The ACCC is seeking declarations, injunctions, pecuniary penalties, orders for findings of fact, compliance training and, against the CFMMEU only, adverse publicity orders.

https://www.accc.gov.au/system/files/ACCC%20v%20J%20Hutchinson%20Pty%20Ltd_%20Concise%20Statement.pdf

This was posted 20 hours ago

A 55-year-old Queensland man is expected to face Brisbane Magistrates Court today (4 December) charged with accessing child abuse material.Australian Federal Police (AFP) Child Protection Operations officers arrested the man last month (November 2020) after he returned from the Philippines where he had been living.The AFP investigation began in 2012 after a report from Luxembourg Police.The report alleged a person, suspected to be in Queensland, was accessing child abuse material from a web hosting service.AFP investigators executed a search warrant at the man’s home in Murrumba Downs in June 2012 and the man was subsequently issued with a summons to appear in court. However, he had already left Australia to live in the Philippines.On 7 November 2020 the man returned to Australia and entered mandatory COVID-19 quarantine.Following his release from quarantine, the man was charged with accessing child abuse material via a carriage service contrary to section 474.19(1)(a)(i) of the Criminal Code Act 1995 (Cth).The potential maximum penalty for the offence is 10 years’ imprisonment.AFP Child Protection Operations Detective Superintendent Paula Hudson said the AFP will not stop pursuing those accessing child abuse material in our community.“We are working tirelessly to hunt down offenders and ensure they are brought before the court,” Detective Superintendent Hudson said.“Accessing child sexual abuse material online perpetuates a cycle of child abuse, it makes that person complicit in the physical and emotional harm of a child.”“It takes a network to break a network. This investigation is an example of the AFP’s strong relationships with international law enforcement and how the sharing of intelligence helps keep children safe.” Members of the public who have any information about people involved in child abuse and exploitation are urged to call Crime stoppers on 1800 333 000.You can also make a report online by alerting the Australian Centre to Counter Child Exploitation via the Report Abuse button at www.accce.gov.au/report.If you or someone you know are impacted by child sexual abuse and online exploitation there are support services available, visit to learn more www.accce.gov.au/support See MoreSee Less

A 55-year-old Queensland man is expected to face Brisbane Magistrates Court today (4 December) charged with accessing child abuse material.

Australian Federal Police (AFP) Child Protection Operations officers arrested the man last month (November 2020) after he returned from the Philippines where he had been living.

The AFP investigation began in 2012 after a report from Luxembourg Police.

The report alleged a person, suspected to be in Queensland, was accessing child abuse material from a web hosting service.

AFP investigators executed a search warrant at the man’s home in Murrumba Downs in June 2012 and the man was subsequently issued with a summons to appear in court. However, he had already left Australia to live in the Philippines.

On 7 November 2020 the man returned to Australia and entered mandatory COVID-19 quarantine.

Following his release from quarantine, the man was charged with accessing child abuse material via a carriage service contrary to section 474.19(1)(a)(i) of the Criminal Code Act 1995 (Cth).

The potential maximum penalty for the offence is 10 years’ imprisonment.

AFP Child Protection Operations Detective Superintendent Paula Hudson said the AFP will not stop pursuing those accessing child abuse material in our community.

“We are working tirelessly to hunt down offenders and ensure they are brought before the court,” Detective Superintendent Hudson said.

“Accessing child sexual abuse material online perpetuates a cycle of child abuse, it makes that person complicit in the physical and emotional harm of a child.”

“It takes a network to break a network. This investigation is an example of the AFP’s strong relationships with international law enforcement and how the sharing of intelligence helps keep children safe.”

 Members of the public who have any information about people involved in child abuse and exploitation are urged to call Crime stoppers on 1800 333 000.

You can also make a report online by alerting the Australian Centre to Counter Child Exploitation via the Report Abuse button at www.accce.gov.au/report.

If you or someone you know are impacted by child sexual abuse and online exploitation there are support services available, visit to learn more www.accce.gov.au/support
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