Lisa Cooper
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lisacooper.bsky.social
Lisa Cooper
@lisacooper.bsky.social
240 followers 140 following 16 posts
Law Lecturer and Program Director @ UniSA.
Associate Teacher @ Adelaide Law School.
Criminal Law | Public Law | Legal Education
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lisacooper.bsky.social
Which applies to rule 300 of the Australian Road Rules (SA).
www.legislation.sa.gov.au/__legislatio...
300—Use of mobile phones (1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless (a) the phone is being used to make or receive an audio phone call and the body of the phone— (i) is secured in a mounting affixed to the vehicle while being so used; or (ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone; or (4) In this rule— affixed to, in relation to a vehicle, includes forming part of the vehicle; audio phone call does not include an email, text message, video call, video message or other similar communication; body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone's mechanisms; held includes held by, or resting on, any part of the driver's body, but does not include held in a pocket of the driver's clothing or in a pouch worn by the driver; mobile phone does not include a CB radio or any other two-way radio; use, in relation to a mobile phone, includes any of the following actions by a driver— (a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle; (b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone; turning the phone on or off; operating any other function of the phone. For South Australia, in addition to this rule, see regulation 44 of the Road Traffic (Road Rules-Ancillary and Miscellaneous Provisions) Regulations 2014.
December 3, 2024 at 9:23 PM
lisacooper.bsky.social
The expanded definition of ‘use’ is set out under r 43B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 (SA):
www.legislation.sa.gov.au/__legislatio...
43B- -Use of mobile phone vehicle; or rule For the purposes of rule 300 (Use of mobile phones) and the definition of use in that use, in relation to a mobile phone, includes any of the following actions by a driver— (a) holds the body of the phone (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle or (b) enters or places, other than by the use of voice, anything into the phone, or sends or looks at anything that is in the phone; or (c)turns the phone on or off; or (d)operates any other function of the phone.
December 3, 2024 at 9:23 PM
lisacooper.bsky.social
⚖️ Legal Profession Conduct Commissioner v Belperio
(No 2)[2024] SASCA 133 www.austlii.edu.au/cgi-bin/view...
Held, by Kourakis CJ, Bleby JA and Stein AJA agreeing, dismissing the Respondent’s applications: 1. The preservation of a person’s personal or professional reputation is a consideration exogenous to the determination of whether it is appropriate to grant a suppression order pursuant to s 69A of the Evidence Act 1929 (SA) or necessary otherwise to close the Court to the public.
November 22, 2024 at 7:37 AM
lisacooper.bsky.social
Presumption of mens rea. But I’m not sure this fits with the presumptions you’re writing about?
November 20, 2024 at 1:45 AM
lisacooper.bsky.social
Media release — ‘ACT Bar Association concerned that juries in sexual assault trials may be perceived as not believing the complainants' allegations’ #auslaw
mailchi.mp/1d7181fa817c...
Screen shots of the speech. Full text available via the link.
November 19, 2024 at 8:48 PM
lisacooper.bsky.social
⚖️ McConnell v Albanese [2024] SASCA 131 @austlii.edu.au
www.austlii.edu.au/cgi-bin/view...
This image is a screen shot of the opening two paragraphs of the case, which reads: MCCONNELL V ALBANESE [2024] SASCA 131 Court of Appeal: Civil LIVESEY P. Introduction 1. By a claim filed on 1 October 2024 the applicant sues the respondent, the Prime Minister of Australia, apparently in negligence, claiming that he caused the applicant injury and harm. He relies on various provisions of the Civil Liability Act 1936 (SA). Confusingly, the applicant also relies on various provisions of the Criminal Law Consolidation Act 1935 (SA). The applicant seeks default judgment. 2. The claim is, with all respect, nonsensical and alleges that the respondent acted as co-conspirator and principal offender. The applicant contends that he is the only person on earth to have the type of brain that he has and that all other people have a technologically advanced brain which, he says, is a human rights violation causing injury "as well as a tool used in conjunction with the Respondent delivering a form of torture upon the Applicant".
November 18, 2024 at 8:02 AM