Articles

Alternatives options Police have to laying criminal charges

Alternative options to criminal charges

Charging a person criminally can have far-reaching consequences , not only for the charged person, but also for his or her family, the community, and the criminal justice system. So, what other options are there to laying criminal charges?
Read more
The primary steps to making your enterprise agreement

How do you make an enterprise agreement?

Enterprise agreements are a popular tool for many employees, employers and unions, to set in place a legally binding set of employment standards, entitlements and protections. In this article, we look at the primary steps required to create an enterprise agreement.
Read more
Privilege against self-incrimination and the right to remain silent

Privilege against self-incrimination

The law provides a privilege (immunity) against providing information or documents which may be self-incriminating. This, alongside the right to remain silent, ensures that an accused person cannot be compelled to give evidence leading to his or her own conviction.
Read more
General protections claims as a result of dismissal due to adverse action

General protections claims involving dismissal/termination of employment

All employees have general protections under workplace laws in Australia. In this article, we look at the process for lodging a general protections claim if you have been dismissed due to adverse action.
Read more
Self-defence as a defence for grievous bodily harm charges

Grievous bodily harm – provocation and self defence

A common criminal charge resulting from a physical altercation is grievous bodily harm. If you are the person who delivers the ‘final hit’, can you defend the charge?
Read more
What constitutes a criminal charge of choking, suffocation or strangulation?

What does it mean to choke, strangle or suffocate someone; from a criminal law perspective

To choke, strangle and/or suffocate are not actually defined in legislation but you can still be found guilty and they are serious criminal offences.
Read more
New laws for replica firearms in Queensland – February 2021

Replica firearms (gel blasters) & other restricted items

In February 2021, new laws came into effect in Queensland to address the purchase, possession, storage and use of replica firearms.
Read more
Can I record a conversation in Queensland using some type of recording device?

Recording conversations in Queensland – is it legal?

It is not uncommon for people to want to record conversations in which they are involved. For example, someone may wish to have an accurate record of what was said, or for their own legal protection. This leads to a common question: is it illegal to record a conversation without consent?
Read more
The offence of using a carriage service to menace, harass or offend.

Using a carriage service to menace, harass or cause offence

Under the Criminal Code in Queensland, a person commits an offence if they use a carriage service in a way that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive. The “service” can include a fixed or mobile telephone service, an internet service, or an intranet service.
Read more
Will my criminal prosecution be before a jury or a judge only?

Criminal trials before a jury or judge alone

There are numerous factors that weigh into the issue of whether a criminal prosecution will have a trial by jury or by judge alone. In Queensland, trials in the District and Supreme Courts are generally held in front of a jury and judge, while trials in the Magistrates Court are determined, by the presiding Magistrate alone.
Read more
How to protest lawfully in Queensland

Protesting lawfully in Queensland: the law, the process and the risks involved

The right of peaceful assembly, commonly referred to protesting, is considered a key pillar of a democratic society. In Queensland, the right to assemble peacefully in a public place is recognised in the Peaceful Assembly Act.
Read more
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