Question 1

What is bail?

Accepted Answer

Bail is the release of an accused person from custody on their signed undertaking that they will appear at court to answer their charges. A bail undertaking can include any number of conditions that must be complied with by the accused person, such as a reporting condition, a curfew, or a surety.

It is a criminal offence if you:

 	Fail to appear at court in accordance with your undertaking,
 	Fail to comply with a bail condition, or
 	Commit another offence while on bail.

Further, this may give rise to being re-arrested and remanded in custody. The law in Victoria relating to bail is found in the Bail Act 1977 (Vic).

Question 2

What happens at a bail hearing?

Accepted Answer

The bail decision maker must engage in a two-step process when determining whether to grant bail.

In the first step, the accused must demonstrate either ‘compelling reasons’ or ‘exceptional circumstances’ as to why they should be granted bail. These thresholds are dictated by the seriousness of the alleged offence. The second step relates to ‘unacceptable risk’ factors which fall on the prosecution to demonstrate. An example of risk factors are ‘committing further offences on bail’ or ‘failing to appear on bail’ or ‘interfering with witnesses’ to name a few.

In a bail application, the informant may give evidence about the circumstances of the alleged offence, outline the accused’s prior criminal history and reasons why they are an unacceptable risk. The accused may then cross-examine the informant about the police investigation and then make submissions as to why they should be granted bail.

Question 3

When can a person be refused bail?

Accepted Answer

A person can be refused bail if a bail decision maker is not satisfied that the accused has shown ‘compelling reasons’ or ‘exceptional circumstances.’ Further, bail can be refused if the bail decision maker is not satisfied that the risk factors asserted by the Prosecution cannot be reduced to an acceptable level through the imposition of bail conditions.  There are various ‘surrounding circumstances’ that the bail decision maker must take into account which are outlined in section 3AAA of the Bail Act 1977 (Vic).

Question 4

What happens after bail is granted?

Accepted Answer

If bail is granted, the accused person must enter into a written undertaking to surrender into custody at the time and place of the hearing or trial specified in the undertaking.

An accused person may be released:

 	On their own undertaking without any other condition; or
 	On their own undertaking with conduct conditions; or
 	With a surety or sureties for a specified amount or a deposit of money of a specified amount, with or without conduct conditions.

Question 5

How much bail do you pay?

Accepted Answer

If a surety is offered by a representative of the accused, the quantum is usually determined by the Bail decision maker. A surety can come in the form of a Bank Cheque or even equity in a property.

The surety cannot be the accused person, but a third party. This person should obtain independent legal advice prior to entering into this arrangement. The consequences of the accused failing to comply with their bail undertaking may result in the surety being forfeited.

Question 6

Do you get bail money back?

Accepted Answer

If the accused fails to appear in accordance with the conditions of bail, the surety is liable to forfeit the deposit of money. However, a surety has rights to apply for an order varying or rescinding the forfeiture.

The surety can make an application to the police or the court for a discharge of liability at any time. When this happens, the accused is brought before the court and must find another surety if they are to be released again on bail.

In all other circumstances, when a person has been admitted to bail with a surety, the obligations of the surety will continue until the finalisation of the proceedings.

Question 7

What are some examples of &#8216;exceptional circumstances&#8217; in bail applications?

Accepted Answer

These include:

- the strength of the case against you,
- issues with the investigation,
- undue delay in bringing the matter to trial,
- strong support in the community,
- good prospects of rehabilitation,
- the availability of residential rehabilitation, and
- a monetary surety.

Question 8

What are &#8216;compelling reasons&#8217; when applying for bail?

Accepted Answer

This depends on the facts and circumstances of each person applying for bail and may include:

- a stable address,
- their suitability for a bail support program,
- a weak prosecution case or,
- the likelihood that time spent on remand would exceed the sentence imposed.

Question 9

What are common bail conditions?

Accepted Answer

Common bail conditions include:

 	Static Address – where you must reside at a particular address
 	Curfew – where you must be at your place of residence between certain periods of the evening (i.e. 9pm to 7am)
 	Reporting – reporting to a police officer daily or weekly
 	Non-Association – not to have contact with a prosecution witness or co-accused
 	Surety – where a sum of money is provided to the court as a security so that you appear at court; this may be forfeited if you do not attend court on the next occasion

Question 10

What is the blood alcohol limit in Victoria?

Accepted Answer

The legal limit is 0.05% BAC for full licence holders. Learner, P-plate, and commercial drivers must have 0.00%. Exceeding this can result in fines, licence loss, or court action. It’s important to know your limit before driving to avoid serious penalties.

Question 11

Can I drive after one drink?

Accepted Answer

Not recommended. Even one drink can push some people over the limit, depending on weight, gender, and time since drinking. There’s no guaranteed safe amount. Always consider alternative transport if you’ve had any alcohol.

Question 12

What happens if I refuse a breath test?

Accepted Answer

Refusing a test is a serious offence. Police can cancel your licence on the spot, and you may face heavier penalties than if you’d failed the test. Legal consequences can include fines, court appearances, and even imprisonment.

Question 13

How long does alcohol stay in your system?

Accepted Answer

Roughly one standard drink per hour, but it varies for everyone. You can still be over the limit the next morning after heavy drinking. Factors such as food, hydration, and metabolism affect how quickly alcohol is eliminated.

Question 14

What&#8217;s the penalty for drink driving in Victoria?

Accepted Answer

Penalties depend on your BAC and licence type,  typically fines, licence suspension, and alcohol interlock devices. High-range or repeat offences can lead to jail. Repeat offenders face stricter conditions and longer disqualification periods.

Question 15

How do police test for alcohol?

Accepted Answer

Through random breath tests (RBTs) and, if positive, a secondary breath or blood test to confirm your BAC level. These tests provide evidence that can be used in court if charged.

Question 16

Can I challenge a drink driving charge?

Accepted Answer

Yes. A drink driving lawyer can review the test procedure, timing, and evidence to identify possible defences. Having legal representation can improve your chances of a reduced penalty or case dismissal.

Question 17

What is bribery and corruption under Australian law?

Accepted Answer

Corruption involves the misuse of power or influence for personal gain, often through the exchange of money, gifts, or other benefits. Bribery is a specific form - involving the offering, giving, or receiving of something of value to improperly influence a decision. These offences are prosecuted under both the Criminal Code Act 1995 (Cth) and the Crimes Act 1958 (Vic), and which applies depends on whether the conduct involves a Victorian public officer, a Commonwealth official, or a foreign official.

Question 18

What are the penalties for bribery and corruption offences?

Accepted Answer

Penalties for bribery and corruption offences are significant and reflect the seriousness with which Australian courts treat conduct that undermines public trust and market integrity. Under the Criminal Code Act 1995 (Cth), individuals convicted of foreign bribery offences face a maximum penalty of 10 years’ imprisonment as well as substantial fines calculated using Commonwealth penalty units, which are periodically indexed.

Question 19

What types of conduct can lead to a bribery or corruption charge?

Accepted Answer

Common conduct leading to bribery or corruption charges includes offering, providing, requesting, or accepting benefits intended to improperly influence government or commercial decisions. A “benefit” can include both financial and non-financial advantages, such as money, gifts, confidential information, preferential treatment, or personal opportunities. Under the Crimes Act 1958 (Vic), offences often arise as secret commissions, where an agent (such as an employee or contractor) receives a benefit for acting contrary to their principal’s interests. Federally, the Criminal Code Act 1995 (Cth) criminalises bribery of Commonwealth officials and foreign bribery involving improper influence over overseas decision-makers. Recent reforms also introduced a corporate offence for failing to prevent foreign bribery, meaning companies may be liable where associates engage in bribery unless adequate compliance procedures are in place. Misconduct in public office may also apply where a public official deliberately abuses their position for improper gain, alongside related offences such as interfering with witnesses or evidence.

Question 20

Why do I need a specialist lawyer for corruption charges?

Accepted Answer

These cases are technically demanding, often involving extensive financial records, corporate communications, and internal documents across multiple courts and jurisdictions. An experienced lawyer can identify weaknesses in the prosecution's evidence, challenge improper investigative procedures, engage forensic experts, and build a focused defence aimed at protecting your reputation and securing the best achievable outcome.

Question 21

What should I do if I am under investigation?

Accepted Answer

Do not speak to investigators, attend a record of interview, or respond to a compulsory examination notice without first obtaining independent legal advice. Contact Slades & Parsons on (03) 9602 3000 as soon as possible. The earlier you engage a lawyer, the more effectively your team can protect your rights and begin preparing your defence.

Question 22

What is a commonwealth criminal offence?

Accepted Answer

The Federal Government has the power to create offences in areas where it has the authority to act. This includes control of the national borders, trade, taxation, social security and customs.

A Commonwealth criminal offence is charged where there is a breach of the law of the Commonwealth, such as the Customs Act or the Crimes Act 1914 (Cth).

The Criminal Code (Cth) governs the general principle of criminal liability for all federal offences. It is not prosecuted under the State laws and the conduct of the prosecution is usually undertaken by the Commonwealth Director of Public Prosecutions.

The sentencing of offenders for commonwealth offences is largely governed by the Crimes Act (Cth). The court is required to consider consistency in sentencing across all the jurisdictions.

Question 23

What are the types of Commonwealth fraud?

Accepted Answer

The Australian Federal Police may work closely with the Taxation Office and the Department of Human Services and other agencies such as Work Cover to discover and prosecute fraudulent activity.

 	Commonwealth prosecutions of tax fraud are common and there is a focus on prosecuting GST frauds.
 	Avoidance of excise duties on alcohol and tobacco products imported are also often prosecuted.
 	Social security prosecutions for fraud are common and of significant focus.
 	Overpayment, failure to disclose relevant information and fraudulent receipt of government benefits are actively prosecuted.
 	False statements for benefits, failing to declare income or being employed while receiving a benefit may attract prosecution.

Question 24

What drug offences are charged at a Commonwealth-level?

Accepted Answer

Commonwealth Drug offences are often associated with illegal importations of illicit drugs. These may range from more minor offences involving small quantities of a border-controlled substance to larger importations.

There are offences involving “marketable quantities” (maximum penalty 20 years) and “commercial quantities” (maximum penalty life imprisonment). Quantity threshold will vary depending on the type of drug. Often the offence will be an attempt to import or attempt to possess a border-controlled substance as the drug or other substance has been intercepted and substituted by the police.

The Commonwealth also prosecute other drug offences involving precursor chemicals (for example pseudoephedrine) and other border-controlled substances such as steroids.

Other offences may include manufacturing or trafficking in a drug of dependence. These matters are investigated by the Australian Federal Police who work closely with Border Control and other agencies.

Question 25

Why is early legal advice important when facing criminal charges?

Accepted Answer

Getting legal advice as early as possible gives your case the best chance of success. A criminal lawyer can advise you on how to deal with police before charges are finalised, ensure you understand what you are facing, explain available defences, and represent you in any bail application. Acting early also preserves the most options - decisions made at the beginning of a criminal matter can have a lasting effect on the outcome.

Question 26

Should I plead guilty or not guilty?

Accepted Answer

This depends entirely on the specific facts and circumstances of your case and should only be decided after obtaining legal advice. In some situations, pleading guilty - particularly to a reduced charge negotiated with the prosecution - may produce a better outcome than contesting the matter. In others, contesting the charge is the right course. An experienced criminal lawyer will assess the strength of the prosecution's case and advise you on the best approach for your particular situation.

Question 27

Can a lawyer negotiate with the prosecution on my behalf?

Accepted Answer

Yes. In many cases, a criminal lawyer can negotiate directly with the prosecution regarding the charges against you. This may result in a guilty plea to one charge in exchange for others being dropped, or the acceptance of a reduced charge. Your lawyer will advise you on whether any offer is in your best interests before you make any decision.

Question 28

How can a lawyer help during sentencing?

Accepted Answer

Even where a finding of guilt is inevitable, effective representation at the sentencing stage can significantly reduce the penalty imposed. Your lawyer can present your personal circumstances and mitigating factors to the court, provide supporting material such as expert reports and character references, and make submissions on relevant points of law - all of which can influence the Magistrate or Judge's decision on the appropriate sentence.

Question 29

What happens if I plead not guilty and go to trial?

Accepted Answer

If you plead not guilty, the prosecution must prove the case against you beyond a reasonable doubt. An experienced criminal lawyer will identify weaknesses in the prosecution's evidence, explore any available defences, and assist in gathering evidence to support your case - including witness statements, expert testimony, and forensic testing. Your lawyer will guide you through the trial process and represent your interests at every stage of the proceedings.

Question 30

What is the legal BAC limit in Victoria?

Accepted Answer

For fully licensed drivers, the legal blood alcohol concentration (BAC) limit is 0.05. For probationary and learner drivers, the limit is zero BAC. If your BAC is 0.15 or higher, police cannot issue a traffic infringement notice - you will be formally charged and required to attend the Magistrates' Court. For readings below 0.15, an infringement notice may be issued, which you can object to within 28 days.

Question 31

What are the penalties for drink driving in Victoria?

Accepted Answer

Penalties depend on your BAC reading, licence type, and prior history. All offenders face mandatory licence disqualification, with the minimum period increasing progressively with BAC. Courts may also impose fines, Community Corrections Orders, and imprisonment for the most serious or repeat offences. Additional requirements include completing a Behaviour Change Program, installing an alcohol interlock device, and driving under a zero BAC condition for at least three years after regaining your licence.

Question 32

Can police suspend my licence immediately after a drink driving charge?

Accepted Answer

Yes. Police may issue a notice of immediate licence suspension if your BAC is 0.10 or more as a full licence holder, or 0.07 or more as a probationary or learner driver. This suspension can be issued within 12 months of the alleged offence or after charges are filed but before they are heard in court. You may appeal the suspension to the Magistrates' Court, but only on the basis of exceptional circumstances.

Question 33

Can I appeal a drink driving conviction or sentence?

Accepted Answer

Yes. You can appeal to the County Court within 28 days of sentencing, either against sentence alone or against both conviction and sentence. In some cases, an appeal to the Supreme Court is also available on a point of law or if you were sentenced by the Chief Magistrate. When filing, you may apply to suspend your licence cancellation pending the appeal, though this is at the court's discretion. Missing the 28-day deadline requires leave from the County Court and proof of exceptional circumstances.

Question 34

What must I do to get my licence back after a drink driving offence?

Accepted Answer

After your disqualification period expires, you cannot automatically drive again. You must first complete a Behaviour Change Program - or an Intensive Drink and Drug Driver Behaviour Change Program if your BAC was 0.15 or above. Once complete, VicRoads can grant you a licence, subject to an alcohol interlock on your vehicle and a zero BAC condition on your licence for a minimum of three years. It is important to contact VicRoads directly to confirm all requirements before driving.

Question 35

What counts as a first drug driving offence?

Accepted Answer

A first offence occurs when you are caught driving with illicit drugs in your system or exceeding the prescribed drug concentration for the first time.

Question 36

What are the penalties for a first drug driving offence in Victoria?

Accepted Answer

Penalties can include fines, licence suspension (usually 6–12 months), and mandatory completion of a Behaviour Change Program (BCP). A criminal record may also be recorded depending on the circumstances.

Question 37

Can I refuse a roadside drug test?

Accepted Answer

Refusing a test is an offence and often results in heavier penalties than failing. Always seek legal advice before responding to the police.

Question 38

How long do drugs stay detectable for a driving test?

Accepted Answer

Detection times vary by drug, dosage, and metabolism. Saliva and blood tests are usually accurate within a few hours of driving.

Question 39

Can I challenge a first offence or beat a drug driving charge in Victoria?

Accepted Answer

Yes. With an experienced lawyer, you may be able to challenge a drug driving offence by reviewing testing procedures, identifying procedural errors, and exploring technical defences.

Question 40

Can prescription medications lead to a drug driving offence?

Accepted Answer

Yes. Even legal prescription medications can impair driving. Always check if your medication affects your ability to drive and follow medical advice.

Question 41

What are the different types of drug charges?

Accepted Answer

Drug offences can be charged under State or Commonwealth law.

State drug charges are contained in the Drugs Poisons and Controlled Substances Act 1981. The charges most commonly seen before the Court relate to individuals who are alleged to be in the possession of drugs. Depending on the quantity, a person might be charged with:

 	Possession
 	Trafficking Simpliciter
 	Trafficking in a Commercial Quantity, or
 	Trafficking in a Large Commercial Quantity

A similar framework exists for cases of Cultivation of a Narcotic Plant (usually Cannabis).

The Drugs Poisons and Controlled Substances Act also contains offences relating to:

 	The possession of items that are used in the cultivation or manufacture of illegal drugs, and
 	Offences directed at retailers who sell items used in connection with consuming drugs (such as bongs or ice pipes)

In more sophisticated drug cases, the police may seize money or assets and lay additional charges, alleging that the assets are proceeds of crime.

Question 42

What is the penalty for trafficking drugs?

Accepted Answer

The penalty for trafficking drugs can vary significantly and depends on the seriousness of the crime. The maximum penalty in some cases is life imprisonment, and in most cases, traffickers will be left with a criminal record.

Lower level examples of trafficking are dealt with in the Magistrates’ Court. They typically involve a person arrested in possession of a traffickable quantity of drugs, where police can establish that transactions have taken place. This could be established by police locating ledgers or phone records indicating a person has sold drugs. Depending on the case, penalties can range from a good behaviour bond (for the lowest level examples) to imprisonment. The sentence will increase in duration for more serious cases or for repeat offenders. Perhaps the most common penalty for trafficking drugs in the Magistrates’ Court is a Community Corrections Order, with court-ordered drug treatment and unpaid community work.

Serious examples of trafficking are heard in the higher courts, which often involve commercial and large commercial quantities. They are usually dealt with by way of lengthy sentences of imprisonment. The quantity of drugs seized is not always the determinative factor in assessing the seriousness of a trafficking offence. In cases of sophisticated operations or recorded transactions involving large quantities, sentences of imprisonment can still be lengthy. That is even if little or no drugs are seized.

Question 43

What is the penalty for drug possession?

Accepted Answer

The penalty for drug possession depends on whether a court finds that the drugs were possessed for a purpose related to:

 	Trafficking, or
 	For a different purpose, such as small quantities for personal use

Drug possession can be punishable by imprisonment. In cases involving large quantities of drugs in relation to a trafficking operation, a court might impose a life imprisonment sentence.

However, most drug possession charges are dealt with in the Magistrates’ Court and involve small quantities, possessed for personal use. In these cases, the person’s personal circumstances and, particularly, criminal history will dictate the penalty. A person with no criminal history may be eligible to have their case dealt with via the ‘Diversion program’. Subsequent offenders will typically be convicted and fined.

For first time offenders, Police also have the discretion to issue a caution. This means that no charges are laid on the condition that the person attends a session of drug-related counselling. In this instance, a first-time offender will avoid a criminal record.

Question 44

Do first-time drug offenders go to jail?

Accepted Answer

First-time drug offenders who have their cases heard in the Magistrates’ Court ordinarily do not go to jail. This is because:

 	Victorian sentencing law dictates that a jail sentence must only be imposed as a last resort, and
 	There are other sentencing options seen to be more effective in promoting a person’s rehabilitation

The situation is different in the higher courts where serious drug offences are heard. It is likely that first-time offenders who are involved in a sophisticated operation will go to jail. First-time offenders are often targeted by criminal organisations to act as ‘couriers’. They do this in the hope that they will avoid police detection due to having no criminal history. As such, jail sentences are usually imposed to deter other members of the public from engaging in these activities.

Question 45

What is the difference between interstate and international extradition?

Accepted Answer

Interstate extradition applies when another Australian state has issued a warrant for your arrest and you are found in Victoria. It is governed by the Service and Execution of Process Act 1992 (Cth) and dealt with initially in the Victorian Magistrates' Court. International extradition involves a foreign country seeking your surrender from Australia under the Extradition Act 1988 (Cth), with the Attorney-General playing a central role. The procedures, rights, and grounds available differ significantly between the two.

Question 46

Can extradition be contested or refused?

Accepted Answer

Yes - depending on the facts and the applicable legislation and treaties. Common grounds for refusal in international matters include failure to satisfy the dual criminality requirements of the Extradition Act 1988 (Cth), prior prosecution in Australia for the same conduct, real risk of unfair trial, or exposure to the death penalty or serious human rights violations. The precise grounds available are set out in the Act and any applicable treaty and require case-by-case assessment. Slades & Parsons has previously appeared and successfully opposed extradition proceedings; past results do not guarantee the same outcome in future matters.

Question 47

Is bail available when facing extradition in Victoria?

Accepted Answer

Bail may be available but is assessed against a more demanding standard than in ordinary criminal proceedings. Courts treat flight risk as a significant factor, and the High Court's decision in United Mexican States v Cabal (2001) 209 CLR 165 emphasised that special circumstances must be demonstrated on the particular facts of each case. The applicable test will depend on the specific legislative framework and circumstances of your matter - it is not impossible, but requires carefully prepared legal argument.

Question 48

What is Mutual Legal Assistance and how could it affect me?

Accepted Answer

Mutual Legal Assistance (MLA) is the formal process by which governments cooperate in criminal investigations across borders. Under the Mutual Assistance in Criminal Matters Act 1987 (Cth), a foreign country may request that Australian authorities compel the production of evidence - such as financial records or witness statements - in support of an overseas investigation. Your obligations will depend on the specific form of order made under the Act. You may be directly affected before any charges are laid in Australia, so seek advice as soon as you become aware a request may affect you.

Question 49

What should I do if I find out there is a warrant for my arrest in another state or country?

Accepted Answer

Seek legal advice promptly - before speaking to police, before decisions about travel, and before any court appearance. The decisions made in the early stages of an extradition matter can affect what options remain available as the process unfolds. Slades & Parsons can advise you confidentially on your situation and what the process is likely to involve. Call us on (03) 9602 3000.

Question 50

What counts as family violence under Victorian law?

Accepted Answer

Family violence under the Family Violence Protection Act 2008 (Vic) is broader than physical assault alone. It includes physical or sexual abuse, emotional or psychological abuse such as intimidation or harassment, economic abuse such as controlling a person's finances, and coercive control - limiting a family member's freedom or connection to others. Because the definition is broad, charges can arise from behaviour that does not involve any physical contact.

Question 51

What is a contravention of a Family Violence Intervention Order?

Accepted Answer

A contravention occurs when a respondent breaches any condition of a Family Violence Intervention Order or Family Violence Safety Notice. Even technical breaches - sending a text message, liking a social media post, or asking a third party to pass on a message - are criminal offences. Persistent contraventions, involving repeated contact with the protected person, carry heavier penalties. If you are charged with a contravention, you should seek legal advice immediately.

Question 52

Can I be charged with a criminal offence and have an intervention order against me at the same time?

Accepted Answer

Yes, and this is common. The intervention order is a civil matter while the criminal charges are prosecuted separately. The risk is that the two proceedings interact - admissions made in the civil jurisdiction can be used against you in your criminal case. Managing both requires a coordinated defence strategy, and legal advice at the earliest stage is essential to ensure one proceeding does not compromise the other.

Question 53

Do I have to speak to police if I&#8217;m charged with a family violence offence?

Accepted Answer

No. You have the right to silence and are not obliged to answer police questions beyond providing your name and address. You should not attempt to explain your side of the story to police without a lawyer present - anything you say can be used as evidence. Contact a lawyer before attending any police interview, regardless of how informal the questioning appears.

Question 54

Can Slades & Parsons act for the complainant as well as the accused?

Accepted Answer

Yes. Slades & Parsons acts for both respondents facing charges and complainants who require independent legal advice. In many cases, police apply for an intervention order or lay charges against a partner against the complainant's wishes. We can assist affected family members in applying to vary, extend, or cancel an existing order, making a statement of no complaint, or understanding their rights independent of the police prosecution.

Question 55

What penalties do first time drink drivers face in Victoria?

Accepted Answer

For a first offence, the maximum penalty is a fine of up to $3,635, along with a mandatory loss of licence. The disqualification period is determined by your BAC reading and increases progressively from a minimum of 6 months at .05 - .069 through to a minimum of 24 months at .24 or above. A community correction order or adjourned undertaking may also be imposed. Whether a conviction is recorded will affect your criminal record for up to 10 years.

Question 56

Will a first time drink driving offence go on my criminal record?

Accepted Answer

It depends on whether the Magistrate records a conviction. If a conviction is recorded, it will appear on your criminal record for 10 years and be visible to employers and others conducting a criminal record check. If the Magistrate imposes a sentence without conviction - which is more likely for lower readings and where there are significant mitigating circumstances - it will not appear on your record under Victoria's spent convictions scheme, with limited exceptions for law enforcement searches.

Question 57

What defences are available for drink driving charges?

Accepted Answer

Possible defences include that you were not the driver of the vehicle, that the breath test was taken more than three hours after you were driving, or that police failed to follow proper procedure in administering the test or laying the charge. Road safety legislation is complex, and if you are considering contesting a charge, it is strongly advisable to engage a lawyer to assess the evidence and advise on the strength of any available defence.

Question 58

Can I appeal a drink driving sentence?

Accepted Answer

Yes. If you are unhappy with the sentence, or wish to contest a finding of guilt, you can appeal to the County Court within 28 days of sentencing. If that deadline is missed, you must seek leave from the Court and show exceptional circumstances. When filing the appeal, you can also apply to stay the licence cancellation order until the appeal is determined, though this remains at the Court's discretion. Legal advice and representation prior to appealing is strongly recommended.

Question 59

How do I get my licence back after a first time drink driving offence?

Accepted Answer

Once your disqualification period expires, you cannot automatically drive again. You must first complete a Drink Driver Behaviour Change Program - or, if your BAC was 0.15 or above, an Intensive Drink and Drug Driver Behaviour Change Program. After completing the relevant program, VicRoads can grant you a new licence, subject to an alcohol interlock on your vehicle for a minimum of six months and a zero BAC condition on your licence for at least three years.

Question 60

What is IBAC and who does it investigate?

Accepted Answer

IBAC is a permanent statutory body in Victoria established under the Independent Broad-based Anti-Corruption Commission Act 2011. It investigates corrupt conduct and serious police misconduct involving Victorian public sector officials and bodies - including police officers, public servants, politicians, and public institutions. IBAC can receive complaints from members of the public and can also initiate investigations of its own motion, without any complaint being made.

Question 61

What happens at an IBAC compulsory examination?

Accepted Answer

A compulsory examination is a formal hearing at which you are required to appear and answer questions under oath. It is usually conducted in private, recorded, and transcribed. You are entitled to have a lawyer present with you. Unlike an ordinary court hearing, the rules of evidence as applied in court proceedings do not apply under the IBAC Act, and the process is governed by the specific statutory procedures set out in the Act.

Question 62

Can I refuse to answer questions at an IBAC compulsory examination?

Accepted Answer

In the compulsory examination context specifically, you cannot refuse to answer questions on the basis of a right to silence. Failing to answer without lawful excuse is a criminal offence under the IBAC Act. Certain statutory protections apply to how compelled answers may subsequently be used, and a lawyer attending with you can make a practical objection if a question appears to exceed the examiner's lawful authority. Your ordinary rights in other contexts - such as in dealings with police outside of a compulsory examination - are unaffected.

Question 63

What is a non-disclosure notice from IBAC and what does it restrict?

Accepted Answer

When summoned to appear before IBAC, you may also be subject to a non-disclosure obligation restricting what you can say about the summons or examination and to whom. The precise scope and exceptions of any such notice or direction are set out in the IBAC Act, and will depend on the terms of the specific notice issued. One of the permitted exceptions is seeking advice from your legal practitioner - which is why it is important to engage a lawyer as soon as any notice or summons is received.

Question 64

How does the ACIC differ from IBAC, and can Slades & Parsons assist?

Accepted Answer

IBAC is a Victorian body that investigates public sector corruption and police misconduct in Victoria. The Australian Criminal Intelligence Commission (ACIC) is a federal body operating under Commonwealth legislation, with examination and compulsory process powers in relation to serious organised crime. Both operate outside the ordinary court system with distinct obligations on those called to appear. Yes - Slades & Parsons advises and attends compulsory examinations and related processes for clients subject to both IBAC and ACIC proceedings.

Frequently Asked Questions