QLD

Homelessness in Queensland is a major issue as it is in all Australian jurisdictions. People can become homeless for many reasons, some of which are connected to legal problems such as domestic violence, separation, or loss of employment. The 2016 census found that 46.1 in 10,000 Queenslanders were homeless. This article examines how homelessness in…

On 24 April 2020, the Queensland government passed the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation. The Regulation makes temporary changes to the Queensland Residential Tenancies Act to make allowances for tenants suffering excessive hardship because of COVID-19 and will remain in force until 31 December 2020. It was made under the power…

Attending court in person is generally mandatory in any court matter with appearances by phone or video conference reserved for when there are exceptional circumstances. However, due to the Coronavirus court appearances by phone and video are to become the new normal, with appearances in person limited to urgent matters. This article outlines how Queensland…

All Australian states and territories have now passed new laws in an attempt to limit the spread of the Coronavirus. The new laws amend existing health legislation, making it possible for governments to declare Public Health Emergencies for much longer than they could under the legislation previously.  They also make it possible for wide-ranging emergency…

A private prosecution is a prosecution where the victim of an offence, rather than the state, prosecutes the alleged offender. In Queensland, private prosecutions can be initiated by natural persons or by corporations. Private prosecutions usually occur when the police have chosen not to prosecute an alleged offender after receiving a complaint. A private prosecution…

The Queensland parliament passed the Human Rights Act 2019 on 27 February 2019. Queensland is only the third Australian jurisdiction to pass human rights legislation, along with Victoria and the ACT. Whilst Australia is a signatory to numerous international human rights treaties, these have not been incorporated into Australian law through federal legislation. The passage…

There is a common-law maxim that no man is to be brought into jeopardy for the same offence more than once. This maxim is captured by Section 17 of the Queensland Criminal Code 1899, which creates the defence of double jeopardy. That section reads: “It is a defence to a charge of any offence to…

A witness who gives evidence in a criminal proceeding must be competent to do so. This means that the witness must be capable of functioning as a witness. The issue of competence is most likely to arise when the witness is a child or has a disability. A witness who is competent to give evidence is…

Careless driving means driving without the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. The lack of due care and attention does not have to amount to negligence towards another person. It may just be a failure to exercise a reasonable degree of care and attention in…

Circumstances of aggravation are commonly alleged when an offender is charged with a criminal offence. A circumstance of aggravation is a factor surrounding an offence, the victim or the defendant which makes the offence more serious. Higher maximum penalties apply to aggravated offences.  Legislation Section 1 of the Queensland Criminal Code defines a circumstance of…

In Queensland, sex work is legal if it occurs in a licensed brothel. Sex work that occurs outside of a licensed brothel is a criminal offence unless it occurs in private and the sex worker is operating alone. Offences relating to illegal prostitution are contained in the Criminal Code 1899 and in the Prostitution Act…

Have you been charged with a criminal offence and want to avoid going through court? There is a way of avoiding court and resolving the matter through a form of mediation. It is called Adult Restorative Justice Conferencing or Justice Mediation. Why justice mediation? Justice mediation can be beneficial to both the offender and the…

When an incident or offence is reported to police, they will commence an investigation and determine whether a criminal offence has been committed. If the police believe that they have a suspect, steps will be taken to obtain evidence against that person, and charges may be laid. They may arrest the suspect and then the…

In every criminal case, the prosecution must prove beyond a reasonable doubt that the person charged or participated in the commission of an offence. In some cases, this requires the positive identification of the defendant as the person who committed the acts. Identification may involve an eyewitness giving evidence that the defendant is the person…

When a person dies with a valid Will, the Executors will usually apply for a grant of Probate. Probate is when the Supreme Court officially recognises the Will as legally valid and gives the authority to the Executors to start administrating the estate of the deceased. Two types of grants There are two other types…

Under section 6 of the Drugs Misuse Act 1986, any person who carries on the business of unlawfully trafficking in a dangerous drug in Queensland is guilty of a crime. The maximum penalty for this is 25 years imprisonment for a schedule 1 drug, and 20 years imprisonment for a schedule 2 drug.  Schedule 1…