Firearms Licence: Colander head gear not the best idea


Firearms Licence


A South Australian atheist who successfully had his gun licence printed with a photo of him wearing a colander on his head has been forced to undertake a psychological test to prove he is fit to own firearms.

Guy Albon, a 30-year-old disability support worker in Adelaide had his four guns and his licence confiscated after police became suspicious of his strange photo.

When he had his licence renewed last year, Mr Albon said he decided to “have a bit of fun” when asked about his religion, and declared himself a member of the Church of the Flying Spaghetti Monster, a satirical movement set up in the US with the intention of opposing religion.

Following the lead of a fellow Pastafarian in Europe, Mr Albion successfully argued he should be allowed to wear the colander in his licence photo because it was a religious head piece.

He is believed to be the first Australian to successfully have a licence printed with a colander on their head, a feat also achieved recently by a New Zealand man who this week spoke to media after a photo of his driver’s licence went viral.

“The law stipulates you can have something on your head … but you have to have your entire face uncovered and if the headgear is being worn it has to have some religious significance,” Mr Albon said.

After convincing the woman who took his photo at the transport department he was allowed to wear the colander, Mr Albon finally had his unique licence.

It wasn’t until six months later, in about June last year, when he submitted paperwork to have his licence classification changed that police became nervous about allowing a man with a colander on his head access to firearms.

He said two uniformed officers visited his home and seized his licence and four firearms – two rifles and two handguns worth about $2000 in total – until a psychiatrist confirmed he was safe to own weapons.

Despite passing the test, he was told the licence with the colander photo had been destroyed and he would have to be photographed again, this time without the headpiece.

A frustrated Mr Albon maintains he is legally allowed to wear the colander in his licence photo. But, at the risk of losing his licence again, he conceded to having a normal photo taken for the renewal.

Mr Albon said he followed the Pastafarian movement in part as a gimmick but also to highlight the freedoms allowed to religions.

He continues to subscribe to the Church of the Flying Spaghetti Monster and has even agreed to help moderate a social media group dedicated to the movement.

In the next few months, Mr Albon will need to renew his driver’s licence and has vowed to wear a colander on his head for that photo, too.

Traffic Law Update: License & Speeding Appeals


traffic law GMH Legal lawyers

At GMH Legal, we have acted for many drivers who have been at risk of having their license suspended for speeding and other traffic offences. Our traffic lawyers will represent your interests in a way that ensures the best possible outcome in the situation.

Which decisions can be appealed?

The following decisions of the RMS (RTA) and police can be appealed in the Local Court:

  • A decision by the RMS (RTA) to suspend your licence for exceeding the speed limit by more than 30 kilometres an hour if you have a provisional license or more than 45 kilometres an hour if you have an unrestricted license.
  • A decision by the RMS (RTA) to suspend a P1 or P2 provisional driver’s licence for loss of demerit points.
  • A decision by the police to suspend your licence (on the spot) for exceeding the speed limit by more than 45 kilometres an hour.

Which decisions can’t be appealed?

The following decisions cannot be appealed:

  • A decision by the RMS (RTA) to suspend an unrestricted drivers licence for loss of demerit points.
  • A decision by the RMS (RTA) to suspend your interlock drivers licence.
  • Where a driver on a good behaviour bond licence breaches the bond.

However, the RMS (RTA) is not to impose demerit points where a court orders that a person not be convicted of a traffic offence under Section 10 of the Crimes (Sentencing Procedure) Act 1999. This means that you can elect to take a traffic infringement notice to court and ask the court not to convict you.

If you are successful in persuading the court to order a “section 10” you will not accumulate demerit points for the traffic offence and therefore your licence may not be suspended. We have successfully obtained a “section 10” for many of our clients who have been charged with traffic offences and will do our utmost to ensure you receive the best possible outcome in the circumstances.

Licence Appeals – What You Have To Prove

There is no real test that the court applies when deciding the appeal. However, the court does not permit a review of your guilt or innocence of the offence or the imposition of the fine. Generally the court will make a decision based on 3 main areas:

  • The circumstances of the offence.
  • Your traffic record/character.
  • Your need for a licence.

You need to lodge your appeal quickly

You only have 28 days after receiving the letter from the RMS (RTA) notifying you of the suspension to lodge your appeal. The law assumes that you received the letter 4 working days after it is posted (even if that is not the case in fact).

Generally the last day to lodge the appeal is the day before the suspension is due to start. If you do not lodge your application in time the court cannot hear your appeal, and you must serve the suspension.

If you have been charged with a traffic offence and are at risk of losing your license, call the experienced traffic lawyers at GMH Legal for a FREE consultation:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

Traffic Quirk courtesy of Lord Mayor Quirk



Queenslanders will be able to turn left on a red light at up to 50 more intersections across Brisbane by July next year, with council moving ahead with plans to expand its trial of the congestion-busting road rule.

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Lord Mayor Graham Quirk yesterday announced about $1.1 million would be spent over the next 12 months on the initiative after a trial at five intersections this year found it shaved an average of up to 30 seconds off waiting times.

“This improvement hasn’t come at the cost of road safety and to date the Queensland Police Service has not reported any incidents due to the introduction of this project,” he said.

The 50 intersections to be included in the expansion have yet to be revealed.

“We have done a desktop study at this stage only around those intersections,” Cr Quirk said as the Brisbane City Council budget was brought down yesterday.

“We have to do more technical, detailed work to make sure that those left turn at reds will work.”

RACQ safety spokesman Steve Spalding warned that the council must ensure it selected the right sites and ran an education and awareness campaign so drivers were not caught out.

“To some extent the jury is still out on just how effective or safe left turn on red intersections are,” he said.

Mr Spalding said use of the road rule was being rolled back in other states rather than expanded.

Cr Quirk said a customer feedback survey conducted at the trial sites found that 95 per cent of residents understood how the initiative worked and 85 per cent wanted the trial expanded.

He said peak hours delays were reduced by 20 to 30 seconds during a trial of left turn on red at the intersection of Hellawell Road into Gowan Road, Sunnybank Hills and by about 15 seconds at the intersection of Bowen Street and Lutwyche Road, Windsor.

Anyone outside of Queensland should still always abide by the traffic lights.

If you have found yourself in a traffic quirk, call the experienced traffic lawyers at GMH Legal for a FREE consultation:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

Our Legal Fees & Services



Family Law, Criminal Law, Immigration, Traffic Law

At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs.

Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not encourage the most efficient and effective delivery of legal services.

We strive to be innovative and eliminating the inherent inefficiencies of the billable hour means that we can focus on achieving the best possible result for our clients.

However, we do recognise that not all matters lend themselves to an alternative fee arrangement. That is why we offer a range of alternative fee arrangements, including straight time based billing if that is what works best for you.

We will work in collaboration with you to determine your specific legal requirements and then develop the most effective strategy and fee arrangement for your needs.

What we offer

GMH Legal can offer you the following fee arrangements, or a combination of these, as an alternative to time based billing. These options can be customised to suit your needs. No matter what fee arrangement you prefer, providing you with certainty by scoping and pricing our work upfront is our priority.

Fixed and value pricing

GMH Legal can charge you a fixed price for any matter. We will quote you a price and stick to it. If there is a change in the agreed scope of work, we will send you a variation detailing the new scope and the price for that change.

Value pricing is a fixed price that we agree up front with you that reflects your legal requirements and the service we provide. With value pricing you don’t pay for our time – you pay for the work we do and the value you receive.

This ensures you receive more value for your legal spend. Value pricing can also include fee incentives to achieve your goals and for results that exceed expectations. These incentives align our interests with yours, making your success our success.

Flexible retainers

With a retainer agreement, GMH Legal will charge you a fixed periodic fee for the provision of legal services. A retainer provides the budgetary control and certainty that hourly billing can’t.

We determine the periodic fee by calculating the average value of our services over the time taken to conduct the matter. A retainer means you know exactly what you will pay for the result you desire.

We will regularly review the terms of the retainer with you to ensure it remains fair to both parties.

Event-based pricing

GMH Legal can charge you a fixed price for each stage of a matter. We work with you to properly scope the matter, determine the stages involved and then agree a fixed fee with you for each stage.

Want to know more? Contact us to discuss how we can tailor a fee arrangement to best suit your needs.

George Hanna
Director Solicitor

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com