by LawQuestions  26/02/2016  98 Page Views
1 Comments  Criminal law, traffic matters, DUI, assault, theft, fraud
My partner, having been granted permanence residence in Australia in August 2014, travelled and stayed in NSW from 01.02.15 - 28.02.15 to activate her visa, then went back to her country because she is still working there. She came back to NSW in 15.08.2015 for 10 days in her vacation to buy a house then come back to work in her country. In November 2015 she went back to NSW again for another 10 days visit.
During this trip, was she allowed to drive on her valid overseas driver's license, 11 months after her visa activation?

According to the law: A permanent resident must change to NSW drivers license after having resided in NSW for a contiouous period of 3 months. It is not clear how continuous residence is determined. In her case, since her visa activation, she has been absent from Australia for more than 6 months. She is still working in her country, with the intention to move to reside in Australia in 2 years time.
If she was not allowed to drive on her overseas license at the time, given the context, what could be a charge (driving whilst unlicensed or something else)? Could there be any imprisonment term involved?