Articles
Understanding criminal responsibility of children in Queensland
In Queensland, the principles governing criminal responsibility for children are carefully structured to address their developmental stages. Under the Criminal Code, the legal system recognises that children are not always capable of understanding the consequences of their actions in the same way adults are.
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A guide to child protection orders in Queensland
To issue a child protection order, a Magistrate needs to be satisfied, based on information provided by the Department of Children, Youth Justice and Multicultural Affairs and the Director of Child Protection Litigation, that a child has been harmed, is suffering harm or is at unacceptable risk of suffering harm, and there is no parent able and willing to protect them.
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Workplace right of entry for union officials
The Fair Work Act provides right of entry provisions which allow union officials to enter a workplace under certain circumstances. The purpose of a right of entry is to balance the workplace rights of employees and the rights of employers running a business.
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Regulatory offences in Queensland
In Queensland, there are two types of offences: criminal offences and regulatory offences. Criminal offences are by far the most common, but in this article, we explore the lesser-known topic of regulatory offences.
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Possessing child exploitation material – charges and penalties
In Australia, there are a wide variety of criminal offences relating to unlawfully dealing with child pornography, also known as child exploitation material. These include the offences of unlawful possession, access, distribution and making of CEM; the most common offence being that of possession.
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Police interviews involving children
When police wish to interview a child in relation to a suspected offence, special rules apply. Parents and those with the care of a child who the police want to question should seek urgent legal advice from the outset, before any interview takes place.
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NDIS fraud – investigations and penalties
The NDIS Commission uses a range of compliance and enforcement tools to prevent and address breaches of the National Disability Insurance Scheme Act 2013, including NDIS fraud and other non-compliance activities.
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Protected and unprotected industrial action
The law around industrial action is complex, and it’s important for everyone involved in such disputes - employees, unions and employers – to understand what constitutes industrial action, and what they can and cannot lawfully do in undertaking such action in the course of a bargaining dispute.
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Weapons licensing show cause requests
When further information is required to adequately determine a weapon’s licence application, it is ordinarily sought in the form of a show cause notice which is emailed to the applicant and identifies the further information requested by the authorised officer.
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Work health and safety (WHS) due diligence duty of company officers in Queensland
Under the Work Health and Safety Act 2011 (Qld), a company officer has a duty to exercise due diligence to ensure the person conducting a business or undertaking (PCBU) complies with its health and safety duties.
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Worker’s general protections claim fails in the Federal Court
A Federal Court employment law decision in 2024 emphasises what is required when establishing that the making of a complaint constitutes the exercise of a workplace right for the purposes of a general protections claim under the Fair Work Act.
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Assault occasioning bodily harm explained
Assault occasioning bodily harm is a very common offence of violence, and falls within the broad category of assault offences. It is a more serious offence than common assault, but less serious than grievous bodily harm.
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