Articles

Author: Claire McGee


Post-employment restraint of trade

Post-employment restraint of trade

A restraint of trade clause, in various forms, may be included in an employment contract, usually at the commencement of employment. A post-employment restraint will be considered at the completion of the employment relationship. The purpose of post-employment restraints is to protect legitimate business interests of the employer.
Read more
Constructive dismissal appeal refused by Full Bench of the Fair Work Commission

Constructive dismissal appeal refused by Full Bench of the Fair Work Commission

We review the outcome of a 2023 general protections matter which tested the grounds for whether a resignation was forced or not. That is, was it a constructive dismissal?
Read more
High Court finds employer not vicariously liable for employee’s negligent urination

High Court finds employer not vicariously liable for employee’s negligent urination

In the August 2023, the High Court unanimously overturned the earlier decision of the Queensland Court of Appeal that had originally found an employer was vicariously liable for the wrongful act of an intoxicated employee who had urinated on a colleague sleeping in staff accommodation.
Read more
Public Sector Act 2022 – new employment framework for public sector employees in Queensland

Public Sector Act 2022 – new employment framework for public sector employees in Queensland

On 1 March 2023, the Public Sector Act 2022 commenced, repealing and replacing the Public Service Act 2008. This new Act sets out a new legislative employment framework for the Queensland public sector.
Read more
Powers of the National Anti-Corruption Commission

Powers of the National Anti-Corruption Commission

The National Anti-Corruption Commission (NACC) is an independent Australian Commonwealth agency that will detect, investigate, and report on serious or systemic corrupt conduct in the Commonwealth public sector. The NACC will also educate the public service, and the public, about corruption risks and prevention. The NACC commenced on 1 July 2023.
Read more
Industrial manslaughter in Queensland

Industrial manslaughter in Queensland

Industrial manslaughter occurs when a worker dies at work due to negligence by a business or its senior officer. It is a criminal offence.
Read more
2022 changes to the regulation of health practitioners

Changes to the regulation of health practitioners

On 21 October 2022, the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 was given assent. The Act amends the Health Practitioner Regulation National Law and also makes related amendments to the Health Ombudsman Act 2013. This article explores the relevant changes.
Read more
Your guide to the principles of Commonwealth sentencing for Federal offences

Commonwealth offences sentencing

Commonwealth offences include drug importation, terrorism, Australian Tax Office and Medicare fraud and are sentenced differently to State-based offences.
Read more
Taking immediate action against health professionals when in the public interest

Health professionals and immediate registration action when in the public interest

As of 1 March 2018, the power to take immediate registration action against a health practitioner was extended to include the power to take such action if the Health Ombudsman reasonably believes the action is “otherwise in the public interest”.
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
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