Articles

When does workplace bullying constitute corrupt conduct?

When does workplace bullying constitute corrupt conduct?

The Crime and Corruption Commission (CCC) has published a paper examining when workplace bullying reaches the legal threshold to constitute corrupt conduct under the Crime and Corruption Act 2001.
Read more
Corporate Criminal Responsibility Review 2020

Corporate criminal responsibility under review

The long-awaited reform of Australia’s laws regarding the criminal responsibility of corporate entities (companies) is moving closer to completion. In Australia today the prosecution of companies is far less common than the prosecution of individuals, even in relation to what might be regarded as ‘white-collar’ or business-related offending.
Read more
Sexual Boundaries in Doctor-Patient Relationship Guidelines

Sexual boundaries in the doctor-patient relationship

In December 2018, the Medical Board of Australia published revised Guidelines: Sexual Boundaries in the Doctor-Patient Relationship. The Guidelines aim to provide guidance to doctors about establishing and maintaining sexual boundaries in the doctor-patient relationship.
Read more
How are police complaints handled in Queensland?

The Police disciplinary system

In 2019 the law in relation to how complaints against Queensland police officers are handled changed significantly. Gilshenan & Luton were heavily involved in those discussions on behalf of the Queensland Police Union.
Read more
How does the Mental Health Court work in Queensland?

How does the Mental Health Court in Queensland work?

The Mental Health Court considers the state of mind of those who are alleged to have committed a criminal offence. It determines whether an alleged offender was of unsound mind at the time they are said to have committed an offence and whether they are now fit for trial.
Read more
Charged with public nuisance in Queensland

The offence of ‘public nuisance’ – just how much of a nuisance do you have to be?

The Summary Offences Act provides that a person commits the offence of ‘public nuisance’ if they behave in a disorderly, offensive, threatening or violent way and their behaviour interferes (or is likely to interfere), with the peaceful passage through, or enjoyment of, a public place.
Read more
Search warrants to access mobile phone PIN’s and contents

Search warrants, phone PIN codes and legal professional privilege

The District Court of Queensland has delivered a decision in relation to search warrants and a person’s ability to refuse PIN code access to a phone where the phone’s contents include communications between a person and his/her lawyer.
Read more
Legal requirements for a search warrant to be valid - Annika Smethurst v Commissioner of Police

Search warrants - what went wrong in ABC journalist Annika Smethurst's case?

Search warrants are a vital tool for police and law enforcement officers in the investigation of crimes. Given they often involve an invasion of the privacy of a person’s home, the law recognizes that such powers need to be exercised in strict accordance with legal requirements.
Read more
Procedural fairness and objectivity required during workplace investigations

Being a workplace investigator is no job for a ‘wilting flower’

A Fair Work Commission decision delivered on 4 March 2020 comments on what it takes to be a workplace investigator. In Boyle v BHP Coal, Mr Boyle, an employee of BHP, made a joke to some of his colleagues which became subject of a workplace investigation.
Read more
Can I get my case or charges dismissed due to mental health issues?

Getting a case dismissed due to mental health (in the Queensland Magistrates Court)

Managing mental health issues is a difficult and complex task. If you, or a loved one, has a mental illness and are charged with a criminal offence, it is important to obtain legal advice from an experienced criminal lawyer, as there are means of having charges dismissed under the Mental Health Act.
Read more
Bail in Queensland – applications, granting and refusals

Bail in Queensland – applications, granting and refusals

Bail is an undertaking to come to court when your criminal case is mentioned and sometimes, to comply with other conditions imposed by the court. In Queensland, a person charged with an offence may be released on bail under the provisions of the Bail Act. Learn more.
Read more
What is a character witness?

Character witnesses – providing character evidence at trial

When a person charged with a criminal offence seeks to rely upon character evidence, it usually falls into one of two categories. In this article, we look at the form of evidence that someone charged with an offence may rely upon at trial in the defence of the allegations.
Read more