Articles

Author: Claire McGee


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.
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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”.
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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.
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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.
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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.
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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.
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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.
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Can I be a surety for someone applying for bail?

Can I be a surety for someone applying for bail?

A ‘surety’ is a person who pledges financial security to ensure the person charged complies with their bail undertaking and appears in court.
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