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Module 1: Fines and Driving

DRIVINGTeachers’ resource, years 8 to 12

April 2017

Michele Lee, 17/02/17,

17.2.17 – add alt images

M1 Fines and Driving: DRIVING

Do you need this resource in a different format?

Please ring us on (03) 9269 0234 and ask for Publications. We can talk with you about what you need.

Produced by Victoria Legal Aid

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For help with legal problems, call Legal Help on 1300 792 387

For business queries, call (03) 9269 0234

First edition April 2017

Acknowledgments: Thank you to Ashwood, Berendale, Heatherwood and Marnebek schools. Thank you to Warringa Park School for working with us in 2012 on the first stage of this project. The first edition of the Fines and Driving modules in Learning the law were developed as a collaboration between Victoria Legal Aid, the Department of Education and Training (DET), and the Aspin Group.

© 2017 Victoria Legal Aid.

This work is licensed under a Creative Commons Attribution 4.0 licence. You are free to re-use the work under that licence, on the condition that you credit Victoria Legal Aid as author, indicate if changes were made and comply with other licence terms. The licence does not apply to any images, photographs or branding including the Victoria Legal Aid logo.

Disclaimer

The material in this publication is a general guide only. It is not legal advice. Victoria Legal Aid strongly advises you to seek independent legal advice about your particular situation.

Victoria Legal Aid

Victoria Legal Aid is a government-funded agency set up to ensure that people who cannot afford to pay for a private lawyer can get help with their legal problems. We provide free information for all Victorians, family dispute resolution for disadvantaged families, provide lawyers on duty in most courts and tribunals in Victoria, and fund legal representation for people who meet our eligibility criteria. We help Victorian people with legal problems about criminal matters, family breakdown, child protection, family violence, child support, immigration, social security, mental health, discrimination, guardianship and administration, tenancy and debt.

Changes to the law

The law changes all the time. To check for changes you can:

• call Victoria Legal Aid’s Legal Help phone line on 1300 792 387

• visit the Victoria Legal Aid website (www.legalaid.vic.gov.au).

Learning the law

P 2

http://www.legalaid.vic.gov.au/


ContentsAbout Learning the law......................................................................................................................... 5

What is Learning the law?.................................................................................................................................5What is in this teachers’ resource?...................................................................................................................5

Lesson plans.........................................................................................................................................6Planning the lessons.........................................................................................................................................6

What are the learning outcomes?..................................................................................................................6

What LTL tools will you need?.......................................................................................................................6What technology will you need?.....................................................................................................................6

Lesson one........................................................................................................................................................7Lesson two........................................................................................................................................................8

Lesson three......................................................................................................................................................9

Glossary..............................................................................................................................................10The film – Driving................................................................................................................................12

Summary.........................................................................................................................................................12

Transcript.........................................................................................................................................................12Length..............................................................................................................................................................13

Discussion questions – first view.....................................................................................................................13Further discussion questions – subsequent views..........................................................................................13

Activity 1 – What do these words mean?............................................................................................14About this activity............................................................................................................................................14Interacting with this activity..............................................................................................................................14

Discussion questions.......................................................................................................................................14Legal answers.................................................................................................................................................14

Learner permit..............................................................................................................................................15Police officer.................................................................................................................................................16

Going to court...............................................................................................................................................17

Activity 2 – What was the problem here?............................................................................................19About this activity............................................................................................................................................19

Interacting with this activity..............................................................................................................................19Discussion and answers..................................................................................................................................19

What was the problem here?.......................................................................................................................19What does the law say?...............................................................................................................................20

Time for a quiz.............................................................................................................................................20

Activity 3 – What can Deng do now?...................................................................................................22About this activity............................................................................................................................................22

Interacting with this activity..............................................................................................................................22Discussion and answers..................................................................................................................................22

What can Deng do now?..............................................................................................................................22

Learning the law P 3


What could Deng have done differently?.....................................................................................................23

More about the organisations mentioned in the activity..................................................................................23Victoria Legal Aid.........................................................................................................................................23

Children’s Court of Victoria..........................................................................................................................24Other organisations that can help – legal advice............................................................................................24

Federation of Community Legal Centres.....................................................................................................24Villamanta Disability Rights Legal Service...................................................................................................24

Youthlaw......................................................................................................................................................24Other organisations that can help – police interviews.....................................................................................25

Youth Referral and Independent Persons Program.....................................................................................25Office of the Public Advocate.......................................................................................................................25

Other organisations that can help – complaints against police.......................................................................25Police Conduct Unit......................................................................................................................................25

Independent Broad-based Anti-corruption Commission..............................................................................25Victorian Equal Opportunity and Human Rights Commission......................................................................25

Australian Human Rights and Equal Opportunity Commission....................................................................25Other organisations that can help – licences, permits and demerit points......................................................26

VicRoads......................................................................................................................................................26

Extra legal information........................................................................................................................27Probationary licence........................................................................................................................................27

Demerit points.................................................................................................................................................27Offence............................................................................................................................................................28

Driving offences...............................................................................................................................................28Independent Person........................................................................................................................................31

Independent Third Person...............................................................................................................................31Diversion..........................................................................................................................................................31

Criminal record................................................................................................................................................32How the legal system works............................................................................................................................32

Extra resources...................................................................................................................................33Legal organisations.........................................................................................................................................33

Victoria Legal Aid.........................................................................................................................................33

Other legal organisations................................................................................................................................34Smart Justice...............................................................................................................................................34

Victorian Law Handbook website.................................................................................................................34Youthlaw......................................................................................................................................................34

Other organisations.........................................................................................................................................34



About Learning the lawWhat is Learning the law? Learning the law (LTL) is an online suite of teaching tools for teachers of students with a mild intellectual disability in years 8 to 12.

Teachers in mainstream schools who want simplified materials on the legal topics may also find these tools useful.

By using these tools, teachers can help young people increase their:

knowledge of legal rights and responsibilities ability to identify legal problems confidence in seeking help.

There are four topics:

fines driving consent sexting.

Each topic includes a short film and three activities.

What is in this teachers’ resource?This teachers’ resource supports the topic of driving. It provides:

three legal education lesson plans discussion questions legal information a list of additional teaching resources about learner permits, police officers and going to court.



Lesson plansPlanning the lessons What are the learning outcomes?

Knowledge

students gain knowledge about the legal issues to do with:

- some of the laws that drivers on their Ls need to follow

- dealing with police and going to court students identify where to get help if they:

- get in trouble with the police

- have to go to court students consider how to prevent a legal problem relating to driving on your Ls.

Skills

narrative analysis reading discussion decision making problem solving web browsing.

What LTL tools will you need?

You’ll find the Learning the Law resources here on the Victoria Legal Aid website. The tools include:

Driving video

Driving online activities

Driving teachers’ resource

(www.legalaid.vic.gov.au/learningthelaw)

What technology will you need?

Access to external websites, including websites with video content

A data projector to connect to your device (optional).


http://www.legalaid.vic.gov.au/learningthelaw

http://www.legalaid.vic.gov.au/learningthelaw


Lesson oneIn this lesson you can watch the Driving film and do ‘Activity 1 – What do these words mean?’.

Structure Minutes

Introduction

Outline today’s lesson

Ground rules (for example, watch the film quietly, take turns with answers).

5

Tuning in to the session

Watch the Driving film

Discussion (see notes on page 13)

Watch the film again

Further discussion (see notes on page 13).

25

Building knowledge of topic

Complete ‘Activity 1 – What do these words mean?’ (see notes about this activity on page 14).

20

Drawing it together

Reflection. Possible prompt questions:

- What was one thing or one important word you learnt in today’s lesson?

- What questions do you have after today’s lesson?

Conclusion. Prompt questions:

- What is a learner permit?

- What are some things that a police officer does?

- Why might someone go to court?

10



Lesson twoIn this lesson, you can revisit the film and do ‘Activity 2 – What was the problem here?’.

Structure Minutes

Introduction

Recap on the last lesson


Ground rules (for example, watch the film and activity screens quietly, take turns with answers).

10


Watch the Driving film

Discussion (see notes on page 13).

10


Complete ‘Activity 2 – What was the problem here?’ (see notes about this activity on page 19).

30

Drawing it together


What was one thing or one important word you learnt in today’s lesson?

What questions do you have after today’s lesson?


- What were the problems for Deng?

- What were the problems for Axel?

- What did the lawyer say?

10



Lesson threeIn this lesson, you can revisit the film and do ‘Activity 3 – What can Deng do now?’.

Structure Minutes

Introduction

Recap previous lesson


Ground rules (for example, watch the film and activity screens quietly, take turns with answers).

10


Watch the Driving film again

Discussion (see notes on page 13).

15


Complete ‘Activity 3 – What can Deng do now?’ (see notes about this activity on page 22).

25

Drawing it together


- What was one thing or one important word you learnt in today’s lesson?

- What questions do you have after today’s lesson?


- Where can you get help if you have to deal with the police or go to court?

- What can you do to avoid breaking the law when it comes to driving on your Ls?

10



Glossaryarrest – when the police hold you in custody because they think you have broken the law

bail – a promise that you will go to court to face charges on a certain date. You may have to agree to conditions like reporting to the police or living at a certain place while you are on bail

charge – this term is used two ways. Firstly, it is an action the police can take. When the police charge you with an offence, this means they believe you have broken the law and are taking you to court. Secondly, once the police have charged you with committing an offence, the offence is also referred to as the charge

Children’s Court of Victoria – the court where young people have criminal and some family matters heard

criminal record – a formal record that shows your findings of guilt and convictions for previous offences

custody – when you have been arrested and you are not free to leave

demerit points – a type of penalty for unsafe driving. See page 27

discrimination – unfair treatment that results in a disadvantage. See ‘Rights with police’ on page 17

diversion – a way to keep your matter out of the court system. See page 31

evidence – information (documents or material) used in court to prove something

hearing – the presentation of a case at court

judge – a person who hears cases in the County Court or Supreme Court. They can make decisions about whether you are guilty or not. They can give sentences

learner permit – a licence that lets you drive a vehicle with certain conditions including driving with an experienced driver. See ‘What is a learner permit?’ on page 15

magistrate – a person who hears cases in the Magistrates’ Court or the Children’s Court. They can make decisions about whether you are guilty or not. They can give sentences

Magistrates’ Court of Victoria – a court where lower-level crime matters for adults are heard

offence – something the law says is wrong

plead guilty/plead not guilty – a plea is your response in the courtroom to the charge. You can plead guilty or not guilty

penalty – a punishment for breaking the law

penalty unit – a fine is made up of penalty units. Each penalty unit has a value in dollars. This goes up every year. For example, if you are found guilty of an offence, the magistrate may give you a fine that is ten penalty units. This would be ten times the amount of one penalty unit

probationary licence – a licence that lets you drive a vehicle with certain conditions. See page 27

sentence – this term is used two ways. Firstly, if the magistrate finds you guilty, they will 'sentence' you according to the offence you committed. That means the magistrate gives you a penalty and, if your offence was serious, the magistrate may also give you a conviction. Secondly, the conviction and the penalty is referred to as the 'sentence'



summons – a court document that tells you when and where you must go to court

victim – the person whom a crime is committed against

There is more information about legal terms such as demerit points and probationary licences in the ‘Extra legal information’ section on page 27.



The film – Driving Click here to go to the film or go to https://youtu.be/tt_nGtiJMY8

Deng, 16 Axel, 15

SummaryDeng and Axel are at Axel’s house, hanging out in the kitchen.

Axel pressures Deng to drive to their friend Raymond’s house, using Axel’s sister’s car. Deng is on his Ls. Axel does not have a licence or permit.

We see a flash-forward sequence of Deng and Axel getting into the car, then a police officer having pulled over the car. The police officer checks Deng’s licence. We flash-forward again and see Deng going to court.

Back in the kitchen, Deng does not really want to drive. Axel says he’ll drive instead. Knowing that Axel does not have a permit or licence, Deng gives in and agrees to drive.

Transcript Deng: No.Axel: Deng. Buddy – Deng: No.Axel: It’s an automatic. An awesome guy like you can drive an automatic.Deng: I know I’m awesome. But, like, I’m on my Ls. If I drive without my parents beside me, there’s a major chance I will crash. Axel: My sister said we could use her car. She also said that you don’t need your mummy and daddy there to help you. Deng: As if she said that.Axel: It’ll be like five minutes. I’ll help you drive.Deng: You don’t even have a licence.Axel: So? I can still help. I’m very helpful![Flash forward in still images.]Axel: Deng. Chill out. We’re just going up to Raymond’s. Just don’t put your L plates up. [Pause.] Alright. I’ll drive.Deng: Ok. I’ll drive.


https://youtu.be/tt_nGtiJMY8

https://youtu.be/tt_nGtiJMY8


Length2:12 minutes.

Discussion questions – first viewThese are possible prompt questions to ask the students after a first viewing of the film:

Who are the characters in the film? What happened to the characters in the film? What is the story? How old is Deng? What sort of licence does he have? What are some of the things you saw Deng do? What are some of the things you saw Axel do? How did Deng feel about Axel pressuring him? What tells us this? What words, actions or things did Deng get in trouble for? Why do we have laws about driving?

You may also want to ask the students one or two of these questions before watching the film and ask the students to look out for the answers.

Further discussion questions – subsequent viewsWhen you revisit the film, you could ask the students to look out for the answers to some of the questions above before watching the film.

You could also include discussion with these questions:

Is there anything else you notice about the film this time? Is there anything you feel differently about this time?



Activity 1 – What do these words mean?About this activity

Learner permit Police officer Going to court

In this activity, you and your students can:

look at three images from the film, which have corresponding words or phrases underneath them discuss what the words or phrases mean.

The activity only has one screen.

Interacting with this activityClick the image to highlight it.

Discussion questionsYou may want to use these questions with the students to start discussion:

What do you think these words/phrases mean? Have you heard these words/phrases used before? Where and when? What’s going on in these pictures? How do you think Deng is feeling in these pictures? What tells us this?

Legal answersYour discussion with students will no doubt touch on different issues. The following information can support you to discuss the legal issues. Key points are in bold – these are the main messages to pass on to the students.

Note that there are various government organisations involved with driving laws, including the police, courts and VicRoads. The following content is a summary only.

There is more information about legal terms such as demerit points and probationary licences in the ‘Extra legal information’ section on page 27.



Learner permit

Key points

There are a lot of road rules a learner driver has to follow One of them is that a learner driver must have an experienced driver with them when the learner

driver is driving The learner driver must also display their L plates on the car when they drive Do not go driving in someone else’s car without asking them. You could get into trouble.

What is a learner permit?

A car learner permit allows a learner driver to drive a car on the road with an experienced driver. The learner permit lasts for 10 years or until the learner driver gets a driver licence. Learner drivers must display their L plates whenever they drive.

An ‘experienced driver’ is a driver who has a full driver licence. That means they do not drive with L or P plates.

In Victoria a person must be at least 16 and be living permanently in Victoria to apply for a learner permit. After they apply, they will need to pass a car learner permit test at a VicRoads Customer Service Centre. If they pass the test, they can get the permit.

Getting a permit costs money. There are costs for the appointment, doing the learner permit test, and getting the learner permit card. There are no concession discounts for any of this.

There are different rules for learner permits for motorcycles.

See the VicRoads website for more information about learner permits: www.vicroads.vic.gov.au

What was illegal about what Deng did?

As a learner driver, Deng has to follow a lot of road rules. In this film we saw that he did two illegal things. When Deng went driving with only Axel, who is not an experienced driver, Deng broke the law. Deng also broke the law because he did not display his L plates on the car when he was driving.

What about road rules in other parts of Australia?

These are the rules for Victoria. Although other states and territories have different systems, in general a young person who wants to drive needs to get a learner permit first and must follow relevant road rules for learner drivers.

What about Axel?

We see in the film that Axel had a role to play in Deng breaking the law. Axel applied pressure and could be seen to have been manipulative. However, the offence of driving without an experienced driver and failing to display L-plates are ‘strict liability’ offences. Although Axel played a part, he cannot be held legally liable for these offences. It is only Deng that can be charged for these offences.

If Deng did not have permission from Axel’s sister to drive the car, he could be charged with theft of a motor vehicle. Axel can too, even as a passenger. Axel could also be charged with ‘acting in concert’ with Deng to break the law. The police would be more likely to pursue Axel with these charges if the matter was more serious. For example, if Deng and Axel had had a car accident and people had been injured.


http://www.vicroads.vic.gov.au/


Police officer

Key points:

The police have the power to stop you when you are driving and ask for your licence and your name and address

The police have the power to investigate people who they think have broken the law. The police can interview you if they think you broke the law

If a young person is arrested and interviewed by a police officer, the young person should ask to speak to a lawyer and can say “No comment” to all questions except for name and address until they speak with a lawyer

If it is after hours you can get help from YRIPP (Youth Referral and Independent Persons Program) You have rights when dealing with the police. You have the right to be treated fairly, and the right

to complain against unfair treatment and discrimination.

What can a police officer do in Deng and Axel’s situation?

Police are often on the roads monitoring the road for unsafe driving. After Deng and Axel got into the car and went driving, a police officer saw Deng driving and indicated to Deng to pull over. A police officer has the right to pull over a driver and ask the driver for their name, address, date of birth and their licence or permit.

Once the police officer saw that Deng was on a learner permit and that Axel was not an experienced driver, the police officer would have told Deng what law he had broken and probably would have called Deng’s parents. The police officer would have probably driven Deng and Axel home in the police vehicle. Axel’s sister or Axel’s parents would have to go and get the car and drive it home later.

A police officer can investigate an offence (that is, the act of someone breaking the law). The police would be aware of the offence because they may have witnessed it (as in Deng’s situation) or someone may have reported it to them.

The person whom the police think committed the offence is known as the accused. In this case, Deng is the accused. He is accused of a crime but is innocent until proven guilty. The police can interview Deng. They may not interview him on the day. They may come and get Deng (place him under arrest) and take him in another day.

Speaking with police

When a police officer speaks to a young person like Deng, it is natural that he might feel immediately intimidated and scared. Deng should try his best to stay calm. Deng has the right to say ‘No comment’ to all questions except when the police officer wants to know Deng’s name and address. Deng must give his correct name and address. But for all other questions, Deng can say “No comment” until he gets legal advice. He can call Victoria Legal Aid or the Federation of Community Legal Centres. See page 23 to 24 for contact details.

Police should not interview a young person (under 18) without an Independent Person there. To arrange an Independent Person, Deng can call the YRIPP service. The police can also help Deng contact this advice line. See page 25 for contact details.

For anyone with an intellectual disability, including a young person, they can also have an Independent Third Person with them if being interviewed. See page 25 for contact details.

For Deng, and any young person under 18, it is a good idea to tell the police their age. This lets the police know they are dealing with a child (under 18). They can also tell the police that they have an intellectual disability, if this is the case and if they feel comfortable doing so.



Find out more information about young people and their rights with police officers at the Smart Justice website: www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php

Rights with police

Deng has many rights. As we saw in the previous section, when speaking with police, he has the right to say “No comment” to all questions except questions about his name and address.

When Deng was pulled over, Deng had the right to ask the police officer for her name and where she works. Deng could ask for this in writing.

Deng has the right to be treated fairly and not to be handled too roughly.

When the police interview him, Deng has the right to be treated fairly by the police, a right to speak with a lawyer and a family member before being interviewed by police, and a right to bail. Bail would mean that Deng can go home but return to face charges at court on another day.

If Deng believed that the police officer behaved inappropriately towards him, he has the right to complain. For example, if Deng felt that the police officer had behaved in a discriminatory manner because of Deng’s age or ethnic background, he might want to complain. Discrimination is treating someone unfairly because of a personal characteristic (or perceived characteristic) and causing that person to be disadvantaged as a result. For example, a personal characteristic might be something such as age, gender or their sexuality. Discrimination can be direct and indirect. In some areas of ‘public life’, it is against the law to discriminate.

See ‘Other organisations that can help – complaints against police’ on page 25.

Going to court

Key points:

The police have the power to charge a person if they believe that person has committed an offence. This is the police saying that they think that person broke the law and the police think they can prove this in court

The person accused of breaking the law will have a court date where a magistrate or judge hears what the police have to say and what the accused person has to say

If the magistrate or judge finds that the accused person did break the law, that person will get penalties

If a young person ever has to go to court, they should ring Victoria Legal Aid or the Federation of Community Legal Centres to get help.

Would Deng be asked to go to court?

Yes. But a few things would happen first.

The police have to decide that they have enough evidence to prove that Deng broke the law. Then they can press charges against Deng. In Deng’s case, although it happens quickly in the film, the evidence includes:

the police officer knows that Deng is on a learner permit the police officer witnessed him driving without an experienced driver and without displaying his L plates.

The police may also speak with Axel’s sister about whether Deng had permission to drive the car.

To officially tell Deng he needs to go to court, the police would either:

serve Deng with a summons (paperwork saying he should go to court on a certain date)


http://www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php


if Deng is in police custody, bail him (the police let Deng go home on the condition that Deng will come to court on a later date).

Should Deng go to court?

Yes. This is his chance to tell his story (or have a lawyer tell it on his behalf). It is not about trying to explain that he did not know the law or that the law is unfair, it is about him taking responsibility for what he did. Because he is under 18 and is considered still to be a child, he would go to the Children’s Court. Deng would have a lawyer with him (we see this in Activity 3 where Deng has called Victoria Legal Aid for help).

What might happen at court – first-time offender

The justice system can take a less punitive approach to first-time offenders and to young people.

In Activity 3, we will find out that Deng is a first-time offender. He may be able to go into a diversion program. Diversion programs are about diverting the offender out of the legal system. Deng could do something called the ROPES (Rites of Passage Experience) program (see page 31). If he completes the program, Deng will not get a criminal record.

What might happen at court – other scenarios

Deng might not be approved for the ROPES program by the police or the magistrate. Or he may have been in trouble with the police before and cannot get diversion.

If he wants to plead guilty, a lawyer can represent Deng in the courtroom. In court, the magistrate listens to the police’s evidence and to what Deng has to say or what the lawyer says on Deng’s behalf.

The magistrate then has to make a decision. Is Deng guilty of what the police said he did? The magistrate can only find Deng to be guilty if the magistrate believes ‘beyond reasonable doubt’ that Deng is guilty.

If Deng wants to plead not guilty, there will be a different hearing and Deng will have to come back to court. Deng’s lawyer would get to see the police evidence. At the new hearing, the magistrate decides if Deng is guilty.

Penalties

Once the magistrate has made a finding of guilt, the magistrate would give Deng a sentence. This would include penalties (punishment). The typical penalty for a child for the offence of driving without an experienced driver is a good behaviour bond. Deng might get a fine too.

Going to court can be complicated and nerve-wracking. There is a lot of procedure and a lot of formality.

If a young person ever has to go to court, they should get legal advice about what to do leading up to court and what to do when they get to court. The young person may be able to get a lawyer to speak for them in the courtroom. Call Victoria Legal Aid or the Federation of Community Legal Centres. See page 23 to 24 for contact details.

We also have more information about the Children’s Court on page 24. You may want to watch their online virtual court tour too.



Activity 2 – What was the problem here?About this activity

What was the problem here? What does the law say?


read Deng’s and Axel’s speech bubbles to see what they were thinking at three key moments in the film read what lawyer, Rob, says about the legal problems do a quiz at the end.

Interacting with this activityClick on the speech bubbles to move through the activity.

Discussion and answersWhat was the problem here?

Moment 1: Axel asks Deng to drive Axel’s sister’s car

Deng: This feels like a really bad idea. Axel knows I’m on my Ls! Why is he pestering me? I’m not good at driving yet.

Axel: Deng’s being a wimp. What’s wrong with him – we’re only going for 5 minutes. He’s usually more fun than this.

Moment 2: Deng is caught by the police

Deng: Oh man. The police have pulled me over. I’m going to be in so much trouble with my parents. Am I going to lose my licence? Why did I listen to Axel?

Axel: When we got into the car I told Deng not to be nervous so we wouldn’t get caught. And now we have been caught. It’s his fault. Or did I do something wrong too?

Moment 3: Deng must go to court

Deng: I’m at court. This is so scary. I need to stay cool. Be polite. I know I stuffed up. Hope the magistrate doesn’t go too hard on me. Hope I don’t get a criminal record.



Discussion questions

You may want to ask the students questions as you or they move through these screens: What were Deng and Axel feeling? What tells us this? Why did Deng and Axel feel this way? What might have made it hard for Deng to say out loud what he was thinking? Have you ever been in a situation where it was hard to know what you were feeling? Have you ever been in a situation where it was hard to say what you were feeling to someone else? Have you ever been in a situation where a friend was pressuring you to do something you did not want

to do? Have you ever been in a situation where you were the one pressuring a friend?

What does the law say?

Rob: Deng had bad feelings about driving but his mate Axel was pressuring him into doing it. What’s the problem here? There’s peer pressure going on here, and Deng wanted to show that he wasn’t a wimp. Deng gave into this pressure and went for a drive.

Deng definitely has a legal problem. The law says that if you are on your learner permit, you cannot drive unless you have an experienced driver with you. You must display your L plates when you are driving. Deng did not do these things. He broke the law.

The police have the right to pull over a driver and ask for your name, address, date of birth and your licence or permit.

The police charge Deng because the police know that Deng has broken the law by not having an experienced driver with him and not showing his L plates.

Deng must go to court. At court, if the magistrate finds that Deng did break the law, the magistrate will give Deng a punishment. He might get a criminal record.


These are possible questions you might want to lead discussion with:

Think back to the discussion we had on the law in the ‘What do these words mean?’ activity. How did Deng break the law? What rules do learner drivers have to follow?

What sort of legal words did you hear the lawyer use? What do they mean? What sort of trouble could Axel get into? What can police officers do? What happens at court?

Legal answers

Refer back to pages 15 to 18 for legal answers about learner permits, police officers and going to court.

Time for a quiz

Deng got charged by the police because:

a) Deng was looking too nervous

b) Deng was wearing the wrong clothes



c) Deng was being mean to Axel

d) Deng did not have an experienced driver with him and Deng did not display his L plates.

The answer is d.

Legal answers

Refer back to pages 15 to 17 for legal answers about learner permits and police officers.



Activity 3 – What can Deng do now?About this activity

What can Deng do now? What could Deng have done differently?


listen to where Deng went for help listen to what Deng could have done differently read the names and numbers of places your students could go for help, if they were in trouble.

The activity covers a few options that Deng chose to follow up for help. These are not the only options.

Interacting with this activityClick on the audio button to listen. Use the NEXT button to move through the activity.

Discussion and answersWhat can Deng do now?

Tell a friend

Deng: I have a friend who’s a bit older than me. She’s been in trouble with the police before. Well, she told me off for listening to Axel. And she told me off for driving on my Ls. I could have hurt someone. But to be honest, it was good to be reminded of how dumb I’d been. She also thought I should talk to a lawyer.

Get legal help

Deng: It’s a bit full on having to call legal aid and tell a stranger on the phone that you screwed up. But I guess they are there to help. Legal aid has lawyers who deal with young people. Awesome! I went into the city and talked to a lawyer, and they helped me get ready for court. They told me what to bring and what I should do in the courtroom.

Go to court

DENG: There were probably a million reasons why I wanted to stay home. But I went to court, I turned up on time but I had to wait. I was really nervous going into the courtroom. The magistrate wasn’t very impressed with me. She said I could lose my learner permit and I have to pay a big fine. But because I hadn’t been in



trouble before, the magistrate said I could do the ROPES program instead. It’s like a special course. It’s better than getting a criminal record. Next time I might not be so lucky.


These are possible questions you might want to lead discussion with: Where did Deng go for help? What feelings did Deng have when he went to get help? What tells us this? What made it hard to reach out for help? What might make it easier to reach out for help? If you had to speak to someone older because you were in trouble or worried about something, who would

you talk to? If you had to get legal help, where would you go? Before you call an organisation, what sort of questions could you write down to help you with the

phone call? Deng mentions going to court and speaking to a magistrate? What happens at court? What does a

magistrate do? Deng mentions the ROPES program? What is this? Deng mentions a criminal record. What is this?

Legal answers

For the last three questions refer to:

‘Going to court’ on pages 17 to 18 ‘ROPES program’ on page 31 ‘Criminal record’ on page 32.

What could Deng have done differently?

Deng: So my good pal Axel really wanted me to drive. And I sort of wanted to. But the smarter thing I would have done was to say no. It was really dumb to go driving on my Ls without my parents. And without my L plates. Axel is funny to have around, but he can be an idiot sometimes. I could have hurt someone else or us.


These are possible questions you might want to lead discussion with:

What does Deng think that he could have done differently?

More about the organisations mentioned in the activityVictoria Legal Aid

In the activity, we see that Deng called the Legal Help phone-line. Legal Help is the entry point to all Victoria Legal Aid services. Legal Help provides free legal information, advice and referrals over the phone. If a young person calls Legal Help and has charges against them (that is, the police want to take them to court), like Deng does, they will be booked in to see a lawyer. Legal Help staff speak a wide range of languages.

Victoria Legal Aid can help people with legal problems about criminal matters, family breakdown, child protection, family violence, child support, immigration, social security, mental health, discrimination, guardianship and administration, tenancy and debt.



Victoria Legal Aid provides:

free legal information legal advice minor assistance to help people negotiate, write letters, draft documents or prepare to represent themself

in court grants of legal aid to pay for legal representation by a lawyer in private practice or a Victoria Legal Aid

staff lawyer.

Tel: Legal Help on 1300 792 387

Website: www.legalaid.vic.gov.au

Children’s Court of Victoria

In the film we see Deng at court. Because he is 16, he would go to the Children's Court of Victoria. This is a specialist court that deals with young people. It has a Family Division (deals with things like child protection matters) and a Criminal Division (deals with things like traffic offences and fines, and more serious criminal matters).

The Children's Court has locations throughout metropolitan Melbourne and country Victoria.

You may find these web-pages useful: General guide to court publication: www.childrenscourt.vic.gov.au/general-guide-court Information for children – criminal division: www.childrenscourt.vic.gov.au/information-children/information-

children-criminal-cases Children’s Court Virtual Court tour: www.childrenscourt.vic.gov.au/about-us/virtual-court Court locations and contact numbers: www.childrenscourt.vic.gov.au/about-us/court-locations.

Other organisations that can help – legal advice Federation of Community Legal Centres

This is the peak body for community legal centres in Victoria. The Federation can refer callers to the relevant community legal centre. They might ask where you live or study, and what the nature of your legal problem is, to work out which centre is most relevant.

Tel: (03) 9652 1500

Website: www.communitylaw.org.au

Villamanta Disability Rights Legal Service

A community legal centre for people with intellectual disabilities.

Tel: (03) 5229 2925

Website: www.villamanta.org.au

Youthlaw

A community legal centre for people aged under 25.

Tel: (03) 9611 2412

Website: www.youthlaw.asn.au


http://www.youthlaw.asn.au/

http://www.villamanta.org.au/

http://www.communitylaw.org.au/

http://www.childrenscourt.vic.gov.au/about-us/court-locations

http://www.childrenscourt.vic.gov.au/about-us/virtual-court

http://www.childrenscourt.vic.gov.au/information-children/information-children-criminal-cases

http://www.childrenscourt.vic.gov.au/information-children/information-children-criminal-cases

http://www.childrenscourt.vic.gov.au/general-guide-court

http://www.legalaid.vic.gov.au/


Other organisations that can help – police interviewsYouth Referral and Independent Persons Program

Call for a support person in a police interview for people under 18. For more information, see ‘Independent Persons’ on page 31.

Tel: (03) 9340 3777

Website: http://www.cmy.net.au/

Office of the Public Advocate

Call for an Independent Third Person in police interviews for people with a cognitive disability or mental illness. For more information, see ‘Independent Third Persons’ on page 31.

Tel: 24-hour service (03) 9603 9500, 1300 305 612 (TTY) or 1300 309 337 (all callers)

Other organisations that can help – complaints against police Police Conduct Unit

All complaints about Victoria police can be made to the Police Conduct Unit. The unit is a part of Victoria Police. You can also complain directly to the officer-in-charge at the station if you feel comfortable and safe doing so. The unit has a complaint form you can fill out on the Victoria Police website. You can also contact them to discuss your complaint.

Tel: 1300 363 101, Monday to Friday from 8 am to 5 pm

(phone messaging system operates 24 hours a day, seven days a week)

Website: www.police.vic.gov.au – follow the ‘Compliments and complaints’ link

Independent Broad-based Anti-corruption Commission

You can also complain to the Independent Broad-based Anti-corruption Commission (IBAC). IBAC is not part of Victoria Police. They investigate serious corruption and police misconduct. They can also refer complaints to other places. Most complaints made to IBAC will be referred to the Victoria Police’s Police Conduct Unit.

Tel: 1300 735 135

Website: www.ibac.vic.gov.au – follow the ‘Report corruption or misconduct’ link

Victorian Equal Opportunity and Human Rights Commission

More information on making a complaint to do with discrimination.

Website: www.humanrightscommission.vic.gov.au/

Australian Human Rights and Equal Opportunity Commission

More information on making a complaint to do with discrimination.

Website: www.humanrights.gov.au/


http://www.humanrights.gov.au/

http://www.humanrightscommission.vic.gov.au/

http://www.ibac.vic.gov.au/

http://www.police.vic.gov.au/

http://www.cmy.net.au/


Other organisations that can help – licences, permits and demerit points VicRoads

VicRoads maintains and manages Victoria’s roads, including looking after registration and licensing services.

Tel: 131 171

Website: www.vicroads.vic.gov.au/Home


http://www.vicroads.vic.gov.au/Home


Extra legal informationYou may find this information useful in giving you a broader legal context.

Probationary licenceAfter having a learner permit, a young person must get a probationary licence if they want to drive on their own. On a probationary licence, among other things, the driver must display their P plates.

The probationary licence is valid for three or four years or until the driver gets a full driver licence. There is a P1 licence and then a P2 licence.

A person must be at least 18 and be living in Victoria to apply for a probationary licence. They will need to pass a Hazard Perception Test and a Practical Drive Test at a VicRoads Customer Service Centre.

There are different rules the driver must meet before applying for a probationary licence. The rules depend on the person’s age and when they got their learner permit.

It costs money to get a probationary licence. There are fees for the appointment, the Hazard Perception Test, the Practical Drive Test and the licence card.

There are no concession discounts.

Demerit pointsGetting demerit points are one type of penalty that a person can get when they commit a traffic offence. A driver can be given demerit points for a traffic offence they committed anywhere in Australia.

In Victoria, VicRoads manages the demerit points system. Not the police or the courts. VicRoads records demerit points against a person’s driver licence or learner permit. If that person keeps on breaking the law and gets too many points, they may lose their licence or learner permit.

The number of demerit points a person gets each time depends on the offence.

There are maximum points a person can get altogether before losing their licence.

Type of licence Demerit points and losing your licence

Full licence If the driver gets 12 or more demerit points in any three-year period they may lose their licence.

Learner permit, Probationary P1 or Probationary P2 licence

If the driver gets five or more demerit points in any 12-month period, or 12 or more demerit points in any three-year period, they may lose their licence or learner permit.



If any of your students have a learner permit or a probationary licence, it is very important they open any mail they get from VicRoads and that they tell VicRoads if they change address. If a driver has gotten too many demerit points, VicRoads will send the driver a letter about this. If the person does not open the letter and keeps driving, they may be driving on a suspended licence. This means the driver will be breaking the law and could get into more trouble.

For any questions about VicRoads and what they do, contact VicRoads on 131 171.

OffenceThe government makes a wide range of laws. Criminal law includes laws that try to prevent individuals from doing things such as:

harming other people or putting other people in danger interfering with the wellbeing of others or with good public order damaging property or taking property that does not belong to them.

It is an offence (against the law) to break these laws. You can get in trouble for committing an offence. It is not an excuse to say that you did not know you were breaking the law. You have to learn the law about driving before you can drive.

Driving offencesIn the Driving film, Deng got in trouble for two traffic offences – driving without an experienced driver and failure to display his L plates. There are many other types of driving offences.

In the table below we have listed the offences that may be relevant to your students. In the right-hand column we talk about penalties. For fines, we talk in penalty units. The value of a penalty unit goes up every year. As at 1 July 2014, one penalty unit was $147.61.

Offence What could happen

Speeding

This offence means the driver was driving over the speed limit. If they went over the speed limit by 25 km/hour or drove over the speed of 130 km/hour, they will have committed the offence of excessive speed.

The driver would get demerit points, they could lose their licence, and they could get fined between ten to 20 penalty units. It depends on how fast they were going.

Police or the magistrate at court may also impound or immobilise the car, which means the driver cannot drive it. The driver may have to pay for the cost of storing their car before they can get it back.

Driving an unregistered vehicle

This offences means that the driver was driving a car that they did not have registered with VicRoads.

The driver could lose their licence, and they could get fined between 25 to 50 penalty units. It depends on whether this was the first time they broke the law.

The magistrate may also impound or immobilise the car, which means the driver cannot drive it.



Running a red light

This offence means that the driver did not stop at a red light before the stop line or they did not stop at a ‘stop here on red’ signal sign or at the traffic light.

The driver would get demerit points, they could lose their licence, and they could get fined up to ten penalty units.

Using a mobile phone

This offence means that the driver used a mobile phone while driving. This includes:

holding the body of the phone in their hand even if the phone is turned off. However, they can hold the phone in order to give it to someone else in the vehicle

entering or placing anything into the phone. For example, plugging in a charger

sending or looking at anything that is in the phone

turning the phone on or off operating any other function of the phone. For

example, using the camera or the web browser.

The driver would get demerit points, they could lose their licence, and they could get fined up to ten penalty units.

Careless driving

This offence means that the driver did not drive with the care and attention that a reasonable driver would. Often the police charge people with careless driving because the police say the person caused an accident. However, there does not have to be an accident for this charge to apply.

The driver will get demerit points, they could go to court and they could get fined between 12 and 25 penalty units. It depends on whether this was the first time they broke the law.

Hoon driving

Hoon driving is used to describe driving offences that involve reckless driving behaviour that put the public at risk.

There are two levels of offences. Hoon drivers can get higher penalties for the level one offences.

Level one offences include:

repeat drink driving with a blood alcohol concentration of 0.10 or more

repeat drug driving repeat driving while disqualified or unlicensed speeding at 70 km or more above the

speed limit driving at 170 km/hour in a 110 km/hour zone.

Level two offences include:

The driver will go to court and they could:

have their car impounded or immobilised have their car sold get a fine get demerit points lose their licence go to jail.



deliberately causing the vehicle to skid, smoke or make excessive noise

deliberately driving across tracks when a train or tram is coming

dangerous driving disobeying a police direction to stop having too many people in the vehicle driving in or organising a speed race speeding at between 45 and 70 km over the

speed limit speeding at between 145 and up to 170

km/hour in a 110 km/hour zone.

This is not a complete list of hoon offences.

Drink driving

It is an offence for a driver to drive a motor vehicle if the blood alcohol concentration (BAC) in the driver’s breath is higher than the prescribed amount. The prescribed amount is 0.05 per cent. However, it is zero BAC for licences such as a learner and probationary permits. This means that on a learner permit the learner driver should not drink anything alcoholic before driving.

The driver will go to court and for first-time offenders they could:

get a fine get demerit points lose their licence have to do a driver education course once the driver gets their licence back, they have to

drive with an alcohol interlock device on their vehicle.

Unlicensed driving

This means driving a car without having a licence or permit that says the driver is allowed to drive.

The driver could also be charged with unlicensed driving if they drive using an interstate licence and they have been living in Victoria for longer than three months.

The driver will go to court and for first-time offenders they could:

get a fine lose their licence go to jail.

Independent PersonAn Independent Person is someone who can help a young person under 18 deal with and talk to the police. The Independent Person can help a young person understand their rights and explain information to the young person. However, they do not make decisions for the young person and cannot give legal advice.

A young person can use the YRIPP (Youth Referral and Independent Persons Program) service to find an Independent Person. This is a 24-hour legal advice line for young people who are about to be interviewed by the police. The police can also help the young person with contacting this advice line. See contact details on page 25.

Independent Third PersonAn Independent Third Person is someone who can help a person deal with and talk to the police if the person has a cognitive disability or mental illness.

The Independent Third Person can help the person understand their rights and explain information to them. However, the Independent Third Person does not make decisions for the person and cannot give legal advice.



The police should get an Independent Third Person to be with a person when the police interview the person either as a suspect, victim or witness.

A person can also have an Independent Third Person when the police:

ask them for or take their fingerprints ask the person for a body sample or take one from them do a bail hearing at a police station with a bail justice.

The Office of the Public Advocate can help people find an Independent Third Person. See contact details for

the Office of the Public Advocate on page 25.

DiversionThe diversion program is a way to ‘divert’ an accused person’s matter out of the court system and give that person a chance to avoid a criminal record.

If the police and the magistrate agree that the accused person is eligible for diversion, they will be put on a diversion plan.

They must follow certain conditions in this time. They might have to:

be in a particular program write a letter of apology to the victim (if there was a victim of the crime) get counselling.

If they follow the conditions of their diversion plan, the court ‘discharges’ the charges and there will be no finding of guilt. This means no criminal record.

A diversion plan usually goes for a year.

Deng may be eligible for the ROPES (Rites of Passage Experience) program as a first-time offender. Through ROPES he would have to do things like spend a day doing physical activities with other young people and with police officers.

Criminal recordA criminal record is a record of what happens in court. This includes:

the finding of guilt describing what offence the person was guilty of committing a conviction, if there is one the outcome of the court case.

The court and the police can see a person’s criminal record. Sometimes the police can let other people know what is in a person’s criminal record.

A criminal record is not ‘wiped’ when a young person turns 18. It may impact on a young person in a number of ways:

if the young person goes back to the court for new charges, then the magistrate or judge may take into account the matters for which the young person has previously been found guilty. This could make the young person’s outcome worse

many young people need a National Police Check or a Working with Children Check to apply for work or certain types of study. When a young person pleads guilty or they are found guilty in the Children’s Court, this will be on a National Police Check for five years from the date they receive the penalty. In some cases, the criminal record will be on the National Police Check for longer



young people may have to say that they have a finding of guilt and/or a criminal conviction when they apply for a passport or travel to certain countries.

How the legal system works This simplified diagram may help put the previous sections into context. We do not expect that you would teach this process, but it may help your understanding of the terms.


The offence occurs. The police detect the offence (for example, the police witness it or someone reports it to them).

Police investigate (can involve interviews with accused, victim, witnesses).

The court sets a date to hear the matter. Depending on how serious the matter is, there may be several hearings.

Police decide to press charges. Police send a summons to the accused, or they bail the accused to a court date.

At court, the magistrate or judge decides if the accused is guilty or not guilty. For criminal matters, the magistrate or judge must believe ‘beyond reasonable doubt’ that the accused is guilty. The magistrate or judge gives a sentence. This includes penalties.

michele lee, 08/02/17,

8.2.17: please bundle into one image


Extra resourcesThese resources may provide you with more information to support your teaching.

Please note that these publications or resources are not written for people with a mild intellectual disability so you may want to read them first before considering ordering copies for students.

Legal organisationsVictoria Legal Aid

Publications

These publications are free. You can order up to 50 copies at a time. Delivery takes about three to five working days.

Order publications at: www.legalaid.vic.gov.au/find-legal-answers/all-publications-and-resources

Am I old enough?Booklet for young people about what the law will or will not let them do.

Police powersBooklet about police powers and Protective Services Officers.

Legal Help card A wallet-card-sized brochure about our services. In English and 25 languages.


http://www.legalaid.vic.gov.au/find-legal-answers/all-publications-and-resources


Web pages

Traffic offences: www.legalaid.vic.gov.au/find-legal-answers/traffic-offences Going to court for a criminal offence: www.legalaid.vic.gov.au/find-legal-answers/going-to-court-for-

criminal-charge Police powers: www.legalaid.vic.gov.au/find-legal-answers/police-powers-and-your-rights Contact us: www.legalaid.vic.gov.au/contact-us

Other legal organisationsSmart Justice

Information about young people and their rights with authority figures. Produced by the Smart Justice coalition. www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php

Victorian Law Handbook website

Produced by Fitzroy Legal Service.

Driving offences: http://www.lawhandbook.org.au/06_08_00_driving_offences/ Courts: http://www.lawhandbook.org.au/01_00_00_understanding_our_laws_and_courts/

Youthlaw

Youthlaw has a variety of resources:

online fact sheets on a variety of topics: http://youthlaw.asn.au/learn-about-the-law/ Street Smart website, with information about police powers: www.streetsmartvic.com.au/

Other organisationsVicRoads

VicRoads produce road safety educational materials: https://www.vicroads.vic.gov.au/safety-and-road-rules/road-safety-education


https://www.vicroads.vic.gov.au/safety-and-road-rules/road-safety-education

http://www.streetsmartvic.com.au/

http://youthlaw.asn.au/learn-about-the-law/

http://www.lawhandbook.org.au/01_00_00_understanding_our_laws_and_courts/

http://www.lawhandbook.org.au/06_08_00_driving_offences/

http://www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php

http://www.legalaid.vic.gov.au/contact-us

http://www.legalaid.vic.gov.au/find-legal-answers/police-powers-and-your-rights

http://www.legalaid.vic.gov.au/find-legal-answers/going-to-court-for-criminal-charge

http://www.legalaid.vic.gov.au/find-legal-answers/going-to-court-for-criminal-charge

http://www.legalaid.vic.gov.au/find-legal-answers/traffic-offences

Documents

Learning the law: Driving - Victoria Legal Aid€¦ · Web viewMelbourne VIC 3000 . For help with legal problems, call Legal Help on 1300 792 387. For business queries, call (03)