LIFE AFTER CONVICTIONS

LIFE AFTER
CONVICTIONS
By
Chimpo Bulawayo
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ARREARS OF IMPACT
•  Family Court Proceedings
•  Immigration
•  Restraining Orders
•  Criminal Injuries Compensation
•  Employment
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Prohibited Behavior Orders
(PBOs)
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Hypothetical 1
A Client walks into your office and advises you as follows –
1.  He is an immigrant from Kenya on a permanent residence visa;
2.  He works full time as a taxi driver;
3.  He has three young children living with his ex wife aged between 3
and 8;
4.  He has a number of convictions on his record. His most recent
being possession of cannabis from 2012;
5.  He has other priors, having twice been convicted of possession
with intent to sell and supply in 2011. Client says that he went to
prison for 12 months for these offences;
6.  Client also states that in 2009 he was convicted of an aggravated
assault occasioning bodily harm. The victim was his ex wife.
Client presents the above as his significant background. He wants your
assistance in Family Court because he does not have contact with his
children. Client claims that his wife does not want him to see the
children and is now applying for a restraining order.
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Family Court Proceedings
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Immigration
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Restraining Orders
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Hypothetical 2
Sarah walks into your office and provides the following
instructions –
1.  She is living in public housing with her children and grand
children;
2.  Her children misbehave quite often and as a result she has a
number of complaints and warnings on her record from
housing officials;
3.  She has recently (3 weeks ago) been convicted of an assault.
She advises that she punched her neighbor on the nose after a
verbal altercation. The neighbor sustained a broken nose as a
result of the punch.
4.  She is an experienced nurse and was in the process of securing
employment. The employers loved her and were very keen
during the interview process. Two (2) days ago they requested
her criminal record. She provided it to them yesterday and
since then they have changed their minds. She has now been
told that the position is filled.
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Criminal Injuries Compensation
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Employment
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Spent Convictions
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Legislation
•  Australian Capital Territory
•  Commonwealth
•  New South Wales
•  Northern Territory
• 
• 
• 
• 
Convictions) Act
Queensland
Offenders) Act 1986
South Australia
Tasmania
Western Australia
Spent Convictions Act 2000
Crimes Act 1914
Criminal Records Act 1991
Criminal Records (Spent
Criminal Law (Rehabilitation of
Spent Convictions Act 2009
Annulled Convictions Act 2003
Spent Convictions Act WA
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