Articles
Author: Rachel Tierney
Changes to the Domestic and Family Violence Protection Act August 2023
On 1 August 2023, significant changes were made to domestic and family violence protection laws in Queensland in response to the Hear Her Voice recommendations. Amongst other changes, the amendments import “a pattern of behaviour” into the definition of domestic violence, to encompass behaviour that occurs over a period of time or via a series of acts.
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Costs in domestic violence protection order matters
The Domestic and Family Violence Protection Act (Qld) states that parties must bear their own costs associated with Domestic Violence Protection Order applications, however, there is an exception.
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What is coercive control and is it against the law?
In response to the ‘Hear Her Voice’ report by the Women’s Safety and Justice Taskforce, the Queensland Government has recently passed new laws against coercive control. Queensland is one of only a few states in Australia to have such legislation in place. In this article, we define coercive control and explore the new legislation in relation to criminal offences and coercive control.
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Are criminal charges against a person publicly available?
If you are charged with a criminal offence, what are the chances of those charges, including your name, being made publicly available (including to the media), regardless of the ultimate outcome?
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COVID-19 and the impact on criminal court sentencing
Procedures and decisions related to sentencing hearings, particularly where defendants are likely to receive a custodial sentence, have seen significant change in light of coronavirus.
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COVID-19 and the impact on bail applications
Applications for bail are usually required where the police have objected to a defendant being granted bail. The current COVID-19 pandemic has seen a change in the way Queensland courts (and indeed courts across the nation and internationally) are addressing bail applications.
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Your mental health during criminal law proceedings
Your mental health will often suffer if you're charged with a criminal offence or if you’re involved in criminal law proceedings. Seeking professional assistance can be very beneficial. Ask us why and how.
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Peace and Good Behaviour Orders in Queensland
If a person is threatening someone else or their property, the threatened person may have a basis to ask the court to take action to protect them from the threatening behaviour. The threatened person can make an application for Peace and Good Behaviour Orders.
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Restorative justice conferencing (previously called justice mediation)
During criminal law proceedings, a restorative justice conference may be deemed appropriate, in order to provide the complainant an opportunity to tell their story and the defendant an opportunity to take responsibility for their actions.
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Sex offenders’ reporting obligations
If you are convicted of a sexual offence against a child you will also be subject to reporting conditions. Offenders should familiarise themselves with their obligations under the Act, as failure to meet their obligations may lead to criminal charges, and possibly imprisonment.
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