Articles
Author: Glen Cranny
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.
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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.
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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.
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Legal Professional Privilege
Legal professional privilege describes the protection from disclosure extended to communications (written or oral) made in the course of obtaining legal advice or for contemplated or actual legal proceedings.
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What is fraud?
Fraud is the criminal offence of intentionally deceiving someone in order to gain an advantage or benefit (or to cause someone else a disadvantage or loss).
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What is perjury?
Perjury is the criminal offence of deliberately providing false information under oath about an important matter in a legal hearing. In basic terms, it is the act of lying in court.
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What is child pornography?
Child pornography is referred to in the law as “child exploitation material”. Although a substantial amount of child pornography offences involve a real child, charges can also be laid where no real child is involved.
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Criminal records and convictions
A criminal record is the formal report that you have been convicted of an offence, either by pleading guilty or having been found guilty. A list of your previous convictions is kept by the Police service and constitutes your criminal history.
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New federal whistleblower laws related to companies
Whistleblowing laws in Australia extend beyond the public sector. A range of new protections for whistleblowers has recently been introduced in respect of complaints made about corporate conduct in Australia.
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Dealing with police search warrants - the do's and don'ts
Under Queensland law, the police can execute a search warrant upon private premises in circumstances where they have reasonable grounds to suspect that they will locate evidence of a criminal offence.
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Workplace investigations involving criminal allegations
When allegations of misconduct in the workplace involve criminal behaviour, some different considerations arise compared to other workplace investigations.
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The rights of employees under workplace investigation
If you are being investigated for alleged misconduct in the workplace, you have various rights that have to be met by your employer, and any investigator retained by your employer.
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