Articles
When does workplace bullying constitute corrupt conduct?
The Crime and Corruption Commission (CCC) has published a paper examining when workplace bullying reaches the legal threshold to constitute corrupt conduct under the Crime and Corruption Act 2001.
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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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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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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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How does the Mental Health Court in Queensland work?
The Mental Health Court considers the state of mind of those who are alleged to have committed a criminal offence. It determines whether an alleged offender was of unsound mind at the time they are said to have committed an offence and whether they are now fit for trial.
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The offence of ‘public nuisance’ – just how much of a nuisance do you have to be?
The Summary Offences Act provides that a person commits the offence of ‘public nuisance’ if they behave in a disorderly, offensive, threatening or violent way and their behaviour interferes (or is likely to interfere), with the peaceful passage through, or enjoyment of, a public place.
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Search warrants, phone PIN codes and legal professional privilege
The District Court of Queensland has delivered a decision in relation to search warrants and a person’s ability to refuse PIN code access to a phone where the phone’s contents include communications between a person and his/her lawyer.
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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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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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Getting a case dismissed due to mental health (in the Queensland Magistrates Court)
Managing mental health issues is a difficult and complex task. If you, or a loved one, has a mental illness and are charged with a criminal offence, it is important to obtain legal advice from an experienced criminal lawyer, as there are means of having charges dismissed under the Mental Health Act.
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Bail in Queensland – applications, granting and refusals
Bail is an undertaking to come to court when your criminal case is mentioned and sometimes, to comply with other conditions imposed by the court. In Queensland, a person charged with an offence may be released on bail under the provisions of the Bail Act. Learn more.
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Character witnesses – providing character evidence at trial
When a person charged with a criminal offence seeks to rely upon character evidence, it usually falls into one of two categories. In this article, we look at the form of evidence that someone charged with an offence may rely upon at trial in the defence of the allegations.
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