Child commissioner to attend Universal Royalty Pageant at Northcote Town Hall

Getty Beauty Pageants Protest Protesters from “Pull the Pin on Beauty Pageants for Children” demonstrate today. Picture: Getty Government sends child safety commisioner Must report back with findings from pageant Protesters seek ban on pageants for under-16s VICTORIA’S Child Safety Commissioner will attend a controversial beauty pageant being staged in Melbourne. The state government has requested Bernie Geary attend the Universal Royalty Pageant today to monitor the event. The pageant, which began at the Northcote Town Hall yesterday, has attracted a blaze of publicity with protesters concerned that the US-style competition sexualises children. Children’s Minister Wendy Lovell has asked Mr Geary to observe the pageant and report back to her with any findings. She said any regulation of beauty pageants would need to exempt “innocent” events, such as kindergarten baby show fundraisers. “We need to have a balanced approach to these things and so far we haven’t seen a need for regulation,” Ms Lovell said. Start of sidebar. Skip to end of sidebar. Related Coverage Kids protest beauty pageants Herald Sun, 46 minutes ago Police prepared for child pageant Perth Now, 1 hour ago Princess pageant turns ugly Adelaide Now, 17 hours ago Commissioner to vet beauty pageant Herald Sun, 1 day ago Anti-pageant Facebook page hacked Herald Sun, 1 day ago End of sidebar. Return to start of sidebar. “I would never enter a child into a pageant myself, but I think we have to trust parents to make the right decision for their children.” Ms Lovell said she had met pageant organisers yesterday to ensure the event complied “with Victoria’s regulatory framework”. “We were assured in the meeting that it’s not a ‘toddler and tiaras’ type of event, that there will be limited use of make-up and it is far more subdued than what we see on TV.” Mickie Wood, mother and manager of six-year-old American contestant Eden Wood, the star of the pageant, withdrew her daughter yesterday because she feared for her safety, the Nine Network reported. Ms Wood said her daughter had received threats on Facebook including “go shoot yourself” after the Melbourne pageant, run by Texas-based Universal Royalty Beauty Pageant, was announced. Universal Royalty’s Melbourne contest Facebook page had spruiked Eden’s appearance as a key attraction of the show, “in her full rhinestone glamour taking photos, signing autographs”, the advertisement said. But there were no protesters or trouble yesterday as the girls and their mums made their way into the hall. Today, anti-pageant protester Catherine Manning, from Pull the Pin on Beauty Pageants for Children, called for new laws to ban children aged under 16 from beauty pageants. She said performing and competition are important for children, but not when it is based on physical beauty. “To me it was just abhorrent that anybody would stand two girls together … and tell one that they were more physically attractive than the other,” Ms Manning said. “We are very concerned that over in Northcote today, there are little girls who have been primped and preened, and waxed and spray-tanned to look like Vegas showgirls being paraded in front of a panel of judges, to potentially be told they’re not good enough, they’re not hot enough, they’re not pretty enough…. I believe that will have an impact.” Ms Manning, a mother of two sons and two daughters, was joined by protesters at Melbourne’s Fitzroy Gardens today, calling to “let kids be kids”. She said the “toddlers and tiaras” culture entrenched in the US and featured on the television show of the same name should not be allowed to grow in Australia. Greens MP Colleen Hartland and opposition children’s spokeswoman Jenny Mikakos said children under 16 should not be allowed to take part in large-scale beauty pageants. “There is no regulation at the moment, there is no legislation, so these pageants can do as they please,” Ms Hartland said. “We need to start investigating how this is going to be managed and that is the responsibility of the (children’s) minister to do.” Read more: http://www.news.com.au/entertainment/celebrity/child-commissioner-to-attend-universal-royalty-pageant-at-northcote-town-hall/story-e6frfmqi-1226104968989#ixzz1TZW8rgdH

Kim Duthie Stalking Ricky Nixon And Stripping In The Street [APRIL 2011]

Making a power of attorney or guardianship – frequently asked questions

Making a power of attorney or guardianship – frequently asked questions
Do I have to register the power of attorney?
How private are the forms?
When are the signed forms used?
Is it possible to ask someone to sign a power of attorney for me if I cannot physically sign the form myself?
How can someone make a power of attorney if they cannot read English?
If I change my address or my name, do I have to change the documents?
Do I need to make certified copies?
Should I see a lawyer?
Do I have to pay my attorney or guardian?
How do the people that matter, such as doctors and hospital emergency staff, know I have filled out these forms if I am too sick to tell them?
Are these documents valid in other states or countries?
Do I have to register the power of attorney?
Powers of attorney made in Victoria do not have to be registered
How private are the forms?
You decide who gets copies of these forms. They do not need to be produced until your guardian or attorney needs to act on them.
When are the signed forms used?
The forms need to be shown to prove the attorney’s or guardian’s powers. The person who needs proof will probably want to see the original or certified copy and take a copy.
Before hospitals accept the power of an agent, they are entitled to see an original or certified copy of the power of attorney. Aged care facilities should make sure they have copies of the documents when a person enters residential care.
Is it possible to ask someone to sign a power of attorney for me if I cannot physically sign the form myself?
Yes – as long as you have capacity. The enduring power of attorney (financial) form has a space for a person, who is not a witness or the attorney, to sign on your behalf and in your presence. We recommend similar wording be used on the other forms. For example:
I, … [person signing at your direction prints his/her full name] …, state that:
(a) I am the person signing at the direction and in the presence of the donor as the donor is unable to sign
(b) I am at least 18 years old
(c) I am not a witness for this document or an … [attorney/alternate attorney/guardian/ alternate guardian] … for the donor.
[Person signing under your direction and in your presence signs here.]
* A donor is a person giving decision-making power to another person.
Related pages
Powers of attorney and guardianship forms
How can someone make a power of attorney if they cannot read English?
If a person cannot read English, they should only sign a form once it has been translated and they are satisfied that they understand what the document says. The interpreter must be qualified.
We suggest the following words are added to the form below the person’s signature, to make it clear that the document was translated:
Signed as a deed by … [name of person making the power] …, having first been read out and translated into … [language] … by … [name of interpreter] …, the donor being … [nationality] … and … [language] … being the customary language understood by the donor.
Witnesses who don’t read English
It is sensible for the witnesses to be able to speak English and the language of the donor. (A donor is a person giving decision-making power to another person.)
We suggest that these witnesses complete and sign the statement below:
Certificate of witnesses
This enduring power of attorney/guardianship was read out and translated to the donor into … [language] … by … [name of interpreter] … and the donor appeared to understand the same and approve its contents.
[Witness signs under this statement]
The interpreter should also provide a signed statement to say they have translated the power of attorney or guardianship form. This statement should be attached to the form.
Related pages
Powers of attorney and guardianship forms
If I change my address or my name, do I have to change the documents?
No.
Do I need to make certified copies?
You can use a photocopy of the original power of attorney or guardianship so people know what you want, but it has no legal power. If you need a copy of your power of attorney or guardianship to have the same power as the original forms, it needs to be certified to be valid.
Your attorney, guardian or agent should get a certified copy.
Note: Do not leave certified copies with organisations where someone could use them pretending to be your attorney or guardian.
Who can make a certified copy?
If you want to make a certified copy of a general power of attorney, you can certify it yourself. All you need to do is add at the bottom of each page ‘This is a true and complete copy of the corresponding page of the original’ and sign and date it. On the last page you must write ‘This is a true and complete copy of the original’ and sign and date it.
For the other powers of attorney or guardianship, a copy should be certified in the same way by a justice of the peace, a legal practitioner, a public notary, a financial services licensee under the Corporations Act 2001 or a regulated principal under the Corporations Act. People who are authorised to administer an oath (an oath is not a statutory declaration) can also certify a copy.
Should I see a lawyer?
It is your choice. If you feel confident that you understand the forms and your affairs are straightforward, you may not need to see a lawyer. However, you may choose to get legal advice if you:
are struggling to fill out the forms
have a complicated family situation
have complex financial arrangements
think someone may challenge your appointments and you need help getting evidence to support your capacity.
Do I have to pay my attorney or guardian?
If your attorney is a friend or relative, you do not have to pay them. If your attorney is a lawyer, accountant, trustee company or other professional entity, then you will have to pay for their services. Make sure you understand their fees.
How do the people that matter, such as doctors and hospital emergency staff, know I have filled out these forms if I am too sick to tell them?
You should tell your treating doctors about the powers you have in place. Some people like to have the enduring power of attorney (medical treatment) sighted and copied when they enter hospital for serious surgery, in case it is needed.
In emergency situations, staff do not usually have time to sort out documents until a patient is stable. However, if you have decided that you do not want to be resuscitated, this will be respected if there is evidence that this is what you want. Evidence includes a Refusal of Treatment Certificate, available on the Office of the Public Advocate website.
Related pages
Enduring power of attorney (medical treatment)
Related websites
Office of the Public Advocate – Refusal of medical treatment
Are these documents valid in other states or countries?
The laws in each state differ. Many Australian states and territories accept each other’s powers of attorney, but not all.
The financial powers are more likely to be accepted, but most states do not have an enduring power of attorney (medical treatment), so the Victorian form would not be recognised.
Other countries may give some recognition to your powers, if they are able to do so under their laws. Your attorney or guardian might tell them what care or treatment you want, but it is unlikely that the country will accept your attorney’s or guardian’s authority as legally binding.

Theft – By Andre DiCioccio Australian Lawyer

Theft
From Wikipedia, the free encyclopedia
“Stealing” redirects here. For other uses, see Steal (disambiguation).
“Thief” redirects here. For other uses, see Thief (disambiguation).
For other uses, see Theft (disambiguation).

Criminal law
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Arson · Blackmail · Burglary
Embezzlement · Extortion
False pretenses · Larceny
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Robbery · Theft
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Compounding · Misprision
Obstruction · Perjury
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v · d · e
In criminal law, theft is the illegal taking of another person’s property without that person’s freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny.
Someone who carries out an act of or makes a career of theft is known as a thief, and the act of theft is known as stealing, thieving, or sometimes filching.
Contents [hide]
1 Elements
2 By region
2.1 Theft in English law
2.2 Victoria, Australia
2.2.1 Actus reus
2.2.2 Mens rea
2.3 United States
2.4 Canada
2.5 West Indies
2.6 Romania
3 Notes
4 References
5 See also
[edit]Elements

The actus reus of theft is usually defined as an unauthorized taking, keeping or using of another’s property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
For example, if Bob goes to a restaurant and, by mistake, takes Joe’s shirt instead of his own, he has physically deprived Joe of the use of the property (which is the actus reus) but the mistake prevents Bob from forming the mens rea (i.e., because she believes that he is the owner, he is not dishonest and does not intend to deprive the “owner” of it) so no crime has been committed at this point. But if he realises the mistake when he gets home and could return the shirt to Joe, he will steal the shirt if he dishonestly keeps it. Note that there may be civil liability for the torts of trespass to chattels or conversion in either eventuality.
[edit]By region

[edit]Theft in English law
In England and Wales, theft is a statutory offence, created by section 1(1) of the Theft Act 1968, which provides:
“A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”.
This offence replaces the former offences of larceny, embezzlement and fraudulent conversion.[1]
The five elements of the offence are defined sequentially in the Act:
Section 2 dishonesty;
Section 3 “appropriation” which occurs when the defendant wrongfully asserts the rights of ownership over the property. This can be by physical taking, but it will also include many different situations (i.e. a failure to return or omission) in which a person may have lawfully come into possession of the property and then keeps or uses the property in an unauthorised way;
Section 4 “property” includes all personalty, i.e. land itself cannot be stolen but anything severed from the land (with the exception of wild flowers) can be stolen, as can intangible property such as a chose in action; however it seems that the term does not extend to all intangible property, as information (Oxford v. Moss) and trade secrets (R v. Absolom, The Times, 14 September 1983) have been held not to fall within the Section 4 definition of property.
Section 5 “belonging to another” requires a distinction to be made between ownership, possession and control:
ownership is where a person is not legally accountable to anyone else for the use of the property:
possession is where a person is only because it had been physically removed but there were two issues to be decided:
did the car “belong to another”? The garage had a lien i.e. a “proprietary right or interest” in the car as security for the unpaid bill and this gave the garage a better right than the owner to possess the car at the relevant time.
what was the relevance of Turner’s belief that he could not steal his own property? The defence of mistake of law) only applies if the defendant honestly believes that he has a right in law to act in the given way. Generalised and non-specific beliefs about what the law might permit are not a defence.
Section 6 “with the intent to permanently deprive the other of it” is sufficiently flexible to include situations where the property is later returned. For example, suppose that B, a keen football fan, has bought a ticket for the next home match. T takes the ticket, watches the match and then returns the ticket to B. In this instance, all that T returns is a piece of paper. Its value as a licence to enter the stadium on a particular day has been permanently lost. Hence, T steals the ticket. Similarly, if T takes a valuable antique but later repents and returns the goods, T has committed the actus reus with the mens rea. The fact that T’s conscience forces a change of mind is relevant only for sentencing.
The maximum sentence in the Crown Court is seven years (section 7).
If the act of stealing is already complete before another comes into possession of the goods, this may be handling. For alternative charges involving deceptions, see the deception offences and the Theft Act 1978 which may overlap with s1 Theft. For the theft of motor vehicles with or without violence, see robbery, blackmail and TWOC.
[edit]Victoria, Australia
Theft is defined at s.72 of the Crimes Act 1958. The actus reus and mens rea are defined as follows:
[edit]Actus reus

West Lavington: the Robbers’Stone. This memorial warns against the consequences of getting caught thieving
Appropriation – defined at s.73(4) of the Crimes Act 1958 as the assumption of any of the owners rights. It does not have be all the owner’s rights, as long as at least one right has been assumed(Stein v Henshall). If the owner gave their consent to the appropriation there cannot be an appropriation(Baruday v R). However, if this consent is obtained by deception, this consent is vitiated.
Property – defined at s.71(1) of the Crimes Act 1958 as being both tangible property, including money and intangible property. Information has been held not be property(Oxford v Moss).
Belonging to another – s.73(5) that property belongs to another if that person has ownership, possession, or a proprietary interest in the property. Property can belong to more than one person. s.73(9) & s.73(10) deal with situations where the accused receives property under an obligation or by mistake.
[edit]Mens rea
Intention to permanently deprive – defined at s.73(12) as treating property as it belongs to the accused, rather than the owner.
Dishonestly – s.73(2) creates a negative definition of the term ‘dishonestly’. The section deems only three circumstances when the accused is deemed to have been acting honestly. These are a belief in a legal claim of right (s.73(2)(a)), a belief that the owner would have consented (s.73(2)(b)), or a belief the owner could not be found(s.73(2)(c))
[edit]United States

Bicycles can occasionally be stolen, even when locked up, by removing the wheel or cutting the lock that holds them.
In the U.S., plenary regulation of theft exists only at the state level, in the sense that most thefts by default will be prosecuted by the state in which the theft occurred. The federal government has criminalized certain narrow categories of theft which directly affect federal agencies or interstate commerce.
Although many U.S. states have retained larceny as the primary offense,[2] some have now adopted theft provisions.
For example, California’s Theft Act of 1927 consolidated a variety of common law crimes into theft. The state now distinguishes between two types of theft, grand theft and petty theft.[3] In California, grand theft generally consists of the theft of something of value over $950 (it can be money, labor or property but is lower with respect to various specified property),[4] while petty theft is the default category for all other thefts.[5] Grand theft is punishable by up to a year in jail or prison, and may be charged (depending upon the circumstances) as a misdemeanor or felony.[6] while petty theft is a misdemeanor punishable by a fine or six months in jail.[7] As for the older crimes of embezzlement, larceny, and stealing, any preexisting references to them now mean theft instead.[8]
In many states, grand theft of a vehicle is charged as “grand theft auto” (see motor vehicle theft for more information).
Repeat offenders who continue to steal may become subject to life imprisonment in certain states.[9]
Sometimes the federal anti-theft-of-government-property law 18 U.S.C. § 640 is used to prosecute cases where the Espionage Act would otherwise be involved; the theory being that by retaining sensitive information, the defendant has taken a ‘thing of value’ from the government. For examples, see the Amerasia case and United States v. Bradley Manning.
[edit]Canada

Vehicle with broken window.
Theft is dealt with by Part 9 of the Criminal Code of Canada which is the part that covers property crime. Section 322 in Part 9 creates a general definition of theft, while other sections such as section 326 (which deals with the theft of gas, electricity and telecommunication services) define special kinds of theft. According to the general definition in section 322 a person steals a thing if he or she takes or converts it fraudulently, without colour of right and with intent to deprive the owner of it, either permanently or temporarily. For the purposes of punishment theft is divided into two separate offences by section 334 depending on the value and nature of the goods stolen. If the thing stolen is worth more than $5000 or is a testamentary instrument the offence is commonly referred to as Theft Over $5000 and is an indictable offence with a maximum punishment of 10 years imprisonment. Where the stolen item is not a testamentary instrument and is not worth more than $5000 it is known as Theft Under $5000 and is a hybrid offence, meaning that it can be treated either as an indictable offence or a less serious summary conviction offence, depending on the choice of the prosecutor. If dealt with as an indictable offence Theft Under $5000 is punishable by imprisonment for not more than 2 years and, if treated as a summary conviction offence, 6 months imprisonment, a fine of $2000 or both.
[edit]West Indies
In the British West Indies, especially Grenada, there have been a spate of large-scale thefts of tons of sand from beaches.[10] Both Grenada and Jamaica are considering increasing fines and jail time for the thefts.[10]
[edit]Romania

This section does not cite any references or sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (May 2011)

Two young waifs steal a pair of boots.
By the Romanian penal code for theft (furt) a person can face a penalty ranging from 1 to 20 years.
Degrees of theft:
A: Theft (one to twelve years)
When a person steals a thing, or uses a vehicle without permission and no aggravating circumstances apply.
B: Qualified theft (basically three to 15 years, but there can be special cases when the penalty range is from four to 18 years and even ten to 20 years)
Aggravating circumstances – three to 15 years: a) by two or more persons together b) by a person in possession of a gun or a narcotic substance c) by a masked or disguised person d) against a person who cannot defend his or herself e) in a public place f) in a public transportation vehicle g) during the night h) during a natural disaster i) through burglary, or by using an original or copied key j) stealing national treasures k) stealing official identity papers with the intention to make use of them l) stealing official identity badges with the intention to make use of them
Aggravating circumstances – four to 18 years: a) stealing petrol-based products directly from transportation pipes and vehicles or deposits b) stealing components from national electrification, telecommunication, irrigation networks or from any type of navigational system c) stealing a siren d) stealing a public intervention vehicle or device e) stealing something which jeopardises the safety of public transportation.
Aggravating circumstances – ten to 20 years: when the consequences are extremely grave and affect public institutions or the material stolen is worth over 200,000 RON (Approximately US$80,000).
[edit]Notes

^ Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 2-01 at page 12.
^ See, e.g., N.Y. Penal law sections 155.00-155.45, found at NY Assembly official web site. Accessed March 17, 2008.
^ California Penal Code Section 486. For the entire portion of the Penal Code covering theft, leginfo.ca
^ California Penal Code Section 487.
^ California Penal Code Section 488.
^ California Penal Code Section 489.
^ California Penal Code Section 490.
^ California Penal Code Section 490a.
^ See Rummel v. Estelle, 445 U.S. 263 (1980) (upholding life sentence for fraudulent use of a credit card to obtain $80 worth of goods or services, passing a forged check in the amount of $28.36, and obtaining $120.75 by false pretenses) and Lockyer v. Andrade, 538 U.S. 63 (2003) (upholding sentence of 50 years to life for stealing videotapes on two separate occasions).
^ a b AP, “Sand stolen across Caribbean for construction: ‘We will lose our beaches’ unless crime is taken seriously, one official says”, found at MSNBC article. Accessed Octiber 27, 2008.
[edit]References

Allen, Michael. Textbook on Criminal Law. Oxford University Press, Oxford. (2005) ISBN 0-19-927918-7.
Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell. ISBN 0-421-19960-1
Ormerod, David. Smith and Hogan Criminal Law, LexisNexis, London. (2005) ISBN 0-406-97730-5
Maniscalco, Fabio, Theft of Art (in Italian), Naples – Massa (2000) ISBN 88-87835-00-4
Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7.
[edit]See also

Look up pilferage or scrump in Wiktionary, the free dictionary.
Anti-theft system
Asset management (corporate theft prevention)
Confidence trick
Counterfeit
Credit card fraud
Dishonesty
Fence (criminal)
Force-initiation
Fraud
Larceny
Money laundering
Organized crime
Pickpocketing
Secret profit
Skimming (casinos)
White-collar crime
Specific forms of theft and other related offences
Art theft
Bank robbery
Bandwidth theft
Carjacking
Computer crime
Copyright infringement
Data theft
Economic Espionage Act of 1996
Embezzlement
Espionage
Extortion
Identity theft
Kidnapping
Laptop theft
Metal theft
Motor vehicle theft
Organized retail crime
Package pilferage
Piracy
Plagiarism
Receipt of stolen property
Street sign theft
Tax evasion
Theft of services