Services to Government

As a member of the Queensland State Government’s Prosecutions and Advocacy panel, Gilshenan & Luton offers a range of services to government departments and related entities, including:

  • the conduct of regulatory prosecutions;
  • advice on internal investigations, and the prospects of potential prosecutions;
  • independent workplace investigations (with reporting in compliance with CCC protocols);
  • advice and representation for elected officials and senior public servants in responding to workplace investigations;
  • representation in coronial inquests and commissions of inquiry.

We also have significant expertise in local government matters; assisting councillors and council staff in respect to investigations by both the Crime and Corruption Commission and the Office of the Independent Assessor. We advise councils and elected officials on matters of governance and probity and responding to allegations and charges of inappropriate conduct, misconduct, and criminal behaviour.

With expertise in both criminal law and professional misconduct, Gilshenan & Luton is well placed to assist government agencies and officials. We understand the unique requirements and perspective of government, and the approach necessary in cases which involve the scrutiny of public sector conduct.

 

Case Law and Legislation Updates

2021

Government Bulletin - New reporting obligations and offence provisions for child sex offences
Case Law Update for Prosecuting Agencies - Above scale costs in summary proceedings - "Special difficulty, complexity or importance"
Case Law Update for Prosecuting Agencies - Joinder and severance of indictments

2020

Case Law Update - District Court considers 'above scale costs' application; Maher v Commissioner of Police
Case Law Update - Supreme Court considers rights of Industry Safety & Health Representatives to participate in workplace investigations; Woods v Newman

2019

Case Law Update - Alleging Dishonesty in Disciplinary Proceedings
Case Law Update - R v Waterton [2019] QMC 6
Case Law Update - Stay Applications and Limitation Periods, June 2019
Legislation Update - Witness Expenses, June 2019
Case Law Update - Joinder and Similar Facts, April 2019
Case Law Update - Exclusion Of Reasonable Hypothesis, March 2019
Legislation Update - Corrupt Conduct, March 2019


2018

Case Law Update - Use of Compulsorily Obtained Evidence, Sept 2018
Legislation Update - Sexual Assault Counselling, Aug 2018
Legislation Update - Changes to WH&S Laws, July 2018
Case Law Update - Proper Prosecution Disclosure, June 2018


2017

Legislation Update - The Year in Review, Dec 2017
Legislation Update - Witness Allowances, May 2017
Legislation Update - IR Act, March 2017
Legislation Update - MHA 2016, March 2017


2016

Legislation Update - Youth Justice, Sept 2016
Case Law Update - Concurrent Proceedings, Sept 2016
Case Law Update - Complaints, May 2016
Legislation Update - Barbaro Update, May 2016
Case Law Update - CFMEU High Court Decision, March 2016
Case Law Update - Dishonesty and R V Dillon, March 2016

 

Articles - Services to Government

How are police complaints handled in Queensland?

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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What is legal professional privilege?

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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Councillor and mayor obligations and responsibilities

Mayor and councillor responsibilities and obligations (Queensland)

Changes to the Local Government Electoral Act introduced the mandatory requirement for all candidates for council elections and by-elections to complete ‘So you want to be a councillor?’ training within six months before nominating for election. The training was designed to address the primary responsibilities and obligations of mayors and councillors.
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