Written by Julia Day
Most of us are very familiar with traffic offences and legislation. We know if we break the rules whilst on the road we may be charged or arrested. What you may not be aware of are the rules that relate to waterways and boating. The relevant legislation is the Marine Safety Act 1998 and the Marine Safety Regulation 2016. UNE Law student Charlene Searson is very familiar with this legislation. She undertakes all the prosecutions on behalf of NSW Roads and Maritime service in the Local Courts for offences against the aforementioned marine legislation.
Charlene was a NSW police officer for 20 years. She started the LPAB course in the mid- 1990s but decided she wasn’t superwoman and ‘couldn’t be a mum to young kids, work full time as a police officer and travel into the city to study at night twice a week.’
She continued working in the police force until she decided she was ‘sick of dealing with the bad side of life.’ For the last ten years of her policing career, Charlene worked as a police prosecutor. She was the Campbelltown Children’s Court prosecutor for a year and was Head of Court at Liverpool Prosecutors office for a time. She was later promoted to a substantive Sergeant’s role and then moved to the Police Legal Branch head office in Parramatta. Within this office she worked in the Appeals and International Law unit before leaving the police.
In her current role, Charlene undertakes prosecutions such as operating an unregistered vessel or contravening a sign (by speeding or causing wash). She may also prosecute cases where someone has operated a vessel under the influence of alcohol or drugs. In addition Charlene may conduct prosecutions under the Protection of the Environment Operations Act 1997. The majority of people who Charlene prosecutes includes people with unregistered boats, speeding or perhaps jet skiers who are undertaking donuts!! As people are not necessarily familiar with the intricacies of water ways and vessels, Charlene often has to educate magistrates and other actors within the court system. For example, boats don’t have brakes, there are no lanes and there are swells and waves rather than speed bumps!!
Charlene decided to study law largely for personal and family reasons rather than for professional advancement. ‘It is more a study of passion rather than necessity.’ Charlene wanted to be a positive influence on her daughter who was completing year 12 when she started her degree. She also didn’t want her younger brother showing her up. You see Charlene’s brother followed her into policing, but later decided to complete his law degree and go to the bar. Charlene wanted to prove to her parent’s that she was still the ‘golden child’ of the family!!
In terms of what her favourite units have been so far, she noted she liked the Law of Torts (LAW131) with me…apparently I made her laugh…hopefully with me and not at me…She also loved Interviewing for Advocacy with Dr Monique Cormier.
Thanks Charlene for sharing you story and good luck with the rest of your studies!
