Articles
Police powers to seize and deal with property
This article looks at what powers police have to seize property, when police have to return that property, and how the property might otherwise be forfeited if seized.
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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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Can I refuse a breath test?
We explore the consequences for failing to submit to a breath test, and whether there are any circumstances in which you can refuse a breath test and defend a charge for failing to provide one.
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What does it mean to be ‘in charge’ of a motor vehicle?
In this interesting drink driving case, the court found the defendant not guilty of driving under the influence where he was found asleep in the driver’s seat with the engine running.
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The impact of the casual employee definition for employers and employees
On 4 August 2021 the High Court finally delivered its decision in WorkPac Pty Ltd v Rossato & Ors, bringing clarity to the meaning of ‘casual employee’.
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Higher penalties: mobile phone use and seatbelt laws in Queensland
As of 26 July 2021, even stricter laws apply to Queensland drivers relating to the use of mobile phones and seatbelts. The changes to the law include increased penalties and more enforcement of the rules.
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The role of guardians and attorneys in criminal law proceedings
Important changes to the law surrounding guardians and attorneys were introduced in November 2020 which now expressly provides that a guardian or an attorney cannot enter a plea in a criminal proceeding on behalf of another individual.
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New offences for failing to report and protect children from child sex offences
New offences for failing to report and protect children from child sex offences came into effect in Queensland on 5 July 2021; The offence of "Failure to Protect" and the offence of "Failure to Report".
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When can multiple criminal charges be tried together?
A look at when multiple criminal charges can be tried at the same time and also a case where multiple charges were joined on the same indictment, however, the court found this should not have occurred.
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Alternative options to criminal charges
Charging a person criminally can have far-reaching consequences , not only for the charged person, but also for his or her family, the community, and the criminal justice system. So, what other options are there to laying criminal charges?
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How do you make an enterprise agreement?
Enterprise agreements are a popular tool for many employees, employers and unions, to set in place a legally binding set of employment standards, entitlements and protections. In this article, we look at the primary steps required to create an enterprise agreement.
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Privilege against self-incrimination
The law provides a privilege (immunity) against providing information or documents which may be self-incriminating. This, alongside the right to remain silent, ensures that an accused person cannot be compelled to give evidence leading to his or her own conviction.
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