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Daniel Weekley TGB Lawyers

Daniel Weekley

Senior Associate

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Daniel Weekley is an experienced member of Tindall Gask Bentley’s Criminal & Disciplinary team.

With particular prowess in the areas of criminal law, administrative law, and investigative tribunals, and possessing an intricate understanding of the legal process, Daniel is a thorough lawyer who focuses on the important detail without ever losing sight of the bigger picture.

Daniel acts in all criminal prosecutions from pre-trial matters, trials, and appeals, as well as advice and representation during initial investigations. He has a particular interest in remedies for irregularities at the investigatory stage and abuse of process by prosecuting bodies.

Reportable deaths and deaths in custody is an area of specialisation for Daniel, especially where there has been some use of force or tactical option. He also specialises in critical incidents of a dynamic nature where individuals require advice and representation on their immediate obligations, often under compulsion or in situations of extreme stress.

Most of Daniel’s matters involve ancillary considerations about career prospects, ongoing employment and reputation. As with the nature of the advice in this area of law, Daniel advises on reputational risk, interaction with the media and associated publicity and matters of suppression.

By taking his time to get to know each and every client with whom he comes into contact—learning about everything from their personal situation to the precise details of their legal case—Daniel is able to immediately understand and empathise with them whilst applying logic and reason to every legal problem he faces.

From the get-go, Daniel establishes what his clients’ goals are, how they would like to tackle their cases, and keeps them informed throughout with the latest goings-on and developments. By doing this, he consistently delivers positive results for his clients, even when they are facing the darkest of their days.

Daniel leaves no stone unturned when it comes to his work; everything is given a second and third opinion and, together with his team’s priceless and vast experience, he delivers time after time.

Daniel also provides advice to major associations including the Police Association of SA and the Correctional Officers’ Legal Fund on public policy, the application of complex statutes, and challenges to government decisions that affect the entire membership (through direct negotiation, Supreme Court judicial review, or submissions to parliamentary committees/inquiries).

He also provides ongoing advice to members of both of these major associations and others including South Australian State School Leaders Association, the Communication Workers Union SA/WA/NT, the Country Fire Service Volunteer’s Association and the Northern Territory Police Association in professional conduct matters, investigations, criminal matters and appeals. Daniel has a particular specialisation in matters where individuals are forced to cooperate with investigations by the exercise of compulsive powers (i.e. where right to silence or self-incrimination is abrogated).

In addition to his work with major associations and their members, Daniel regularly advises and represents a broad range of clients including public sector employees, teachers, professionals, ex-armed services personnel, and politicians through investigations, misconduct matters, professional misconduct, tribunal proceedings, and inquiries.

He advises and represents on misconduct matters investigated by specialist bodies including AHPRA and affiliated boards, TRB, LPCC, APBS, CASA, and by sporting bodies. He also advises and represents on occupational matters including applications for registration and licensing and employment related checks (such as WWCC security) and firearms licences.

Daniel has appeared or instructed in every South Australian court and tribunal on first instance matters and appeals.

Fair, patient, and empathetic are just a few of the words that have been used to describe Daniel, and these are traits that are most welcome in the complicated and often uncomfortable sectors of the law in which he operates.

Daniel Weekley TGB Lawyers

Daniel Weekley

Senior Associate

MY QUALIFICATIONS

  •   Bachelor of Laws
  •   Bachelor of International Relations
  •   Graduate Diploma of Legal Practice

MY AREAS OF EXPERTISE

  • Criminal Law (including offences relating to deaths, white collar offences, dishonesty, sexual matters, assault, firearms, driving, summary matters)
  • Employment – disciplinary/professional misconduct
  • Coronial investigations and inquiries
  • Misconduct investigations and allegations (professional, workplace, sporting)
  • Breaches of codes of conduct (professional, sporting, private associations)
  • Investigations (deaths, criminal, ICAC, major crime investigations, workplace investigations) (both for suspects and witnesses)
  • Urgent critical matters – deaths, acting under compulsion, right to silence, self-incrimination
  • Professional licensing (admissions to practice, workplace clearances, working with children, working with vulnerable people, firearms, vehicles)

MY PROFESSIONAL INTERESTS

  • Member of the Law Society of South Australia
  • Law Society of South Australia, Young Lawyer’s Committee
  • Executive Committee, Adelaide University Football Club

SIGNIFICANT CASES

  • R v M, R, R (suppressed) – instructing in the Supreme Court prosecution including significant covert ICAC/Anti-corruptions investigation, multiple counts of corruption/aggravated theft
  • Inquest into the death of Wayne Fella Morrison – acting for correctional officers in a long running inquest
  • Bell & Ors v State Coroner – instructing in the Supreme Court judicial review on privileges, self-incrimination, and bias
  • Prodata v SAFECOM & SMS – instructing in the Federal Court on complex multi-party multi-million dollar commercial-litigation.
  • Commissioner of Police v VDW (suppressed) – instructing on disciplinary appeal to the District Court on the right to silence, temporary stays, and procedural fairness
  • Bates v the King – instructing in Court of Appeal on appealing jury conviction
  • Linden v Foster (ACT) – Instructing on permanent stay of criminal proceedings, abuse of process, investigational irregularities, right to silence
  • DPP v T, S (suppressed) – instructing in ICAC corruption investigation, multiple charges of indictable offences, including suppression
  • DPP v Scibilia – Instructing on multiple indictable assaults and subsequent Supreme Court appeal considering immunity from prosecution, and acts conducted in the course of duty/employment
  • Chen v State of WA – assisting in Western Australia Supreme Court quashing unlawful search warrants
  • Attorney General WA v Chen – instructing in Western Australia Supreme Court contempt of court following evidence given at a royal commission
  • DC v Commissioner of Police – Instructing in District Court appellate jurisdiction overturning excessive disciplinary sanctions
  • A Person v ICAC (suppressed) – assisting in the Supreme Court in relation to warrants and Legal Professional Privilege in ICAC investigations
  • C v ICAC (suppressed) – assisting in the Supreme Court in relation to procedural fairness in ICAC investigations
  • Cosenza v Graham – assisting in SASCFC judicial review of dismissal of criminal charges
  • Critical incidents and reportable matters – provision of 24/7 advice on shootings, critical incidents, and deaths in custody