Don’t drink and dial…

The Christmas and New Year period is a time when spirits are high, drinks are flowing and the consequences of actions are not always considered. Even the simple action of making a phone call or sending a text message can have serious consequences.

It is a criminal offence under Australian law to use a mobile telephone in a way that is menacing, harassing or offensive. This can include the method of use, the content of the communication, or both. Repeated, unwanted calls can amount to harassment under this law. 

When determining whether a communication is menacing, harassing or offensive, the standards of an ordinary reasonable person are applied.

A person convicted of an offence under this law is liable to a maximum penalty of imprisonment for 3 years. There can be further civil consequences as well, such as Apprehended Violence Orders and family law implications depending on the relationship between the caller / texter and the recipient.

So before sending those text messages, or making that phone call, consider the consequences, and remember…never drink and dial.

Ashleigh John is an Associate Director and Accredited Specialist at Mullane & Lindsay Solicitors and practices extensively in Family, Relationship and Matrimonial Law. If you require any assistance in this area please contact Ashleigh John to arrange a consultation or contact our Newcastle office.