QLD

Sexual harassment is prohibited in Queensland under the Anti-Discrimination Act 1991 and complaints about sexual harassment can be made to the Queensland Anti-discrimination Commissioner. The prohibition on sexual harassment applies in all areas of life including work, study and recreation.  Many instances of sexual harassment that occur in Queensland are also actionable under federal law…

Same sex marriage became legal in Australia on 9 December 2017, with the Marriage Act being amended so that the definition of marriage is now ‘a union of two people’ rather than ‘a union of a man and a woman.’   The change meant that same-sex couples who married overseas now have their marriages recognised by…

Contempt of court is the offence of being disobedient or discourteous towards a court through willful disregard of its authority and dignity. An act of contempt of court can be comprised of disrespectful behaviour in court or it can be comprised of disregard of a court order. Different jurisdictions have different rules as to precisely…

The State Penalties Enforcement Registry (SPER) is responsible for managing and enforcing fines issued on behalf of the Queensland government. SPER has the power to suspend a person’s driver licence for unpaid fines, even when the fines are completely unrelated to driving. This includes but is not limited to: Parking fines; Speeding fines; Court fines; Offender levy…

There are a few road rules in Queensland that are specific to a particular road or which are different to road rules in other states. If you are new to Queensland, or have been driving elsewhere, it is a good idea to refresh your memory of the road rules in this state. Truck drivers on…

Under Queensland law, abortion is illegal unless it is performed under ‘lawful’ circumstances. Queensland courts have interpreted lawful circumstances as meaning circumstances where an abortion is necessary to preserve a woman from danger to her life or her physical or mental health. Under the Queensland Criminal Code 1899, there are currently three provisions that relate…

A Queensland parliamentary inquiry is investigating the problem of wage theft in Queensland. The committee will be looking at the incidence of wage theft in the state, its impact on workers, families, businesses, the community and the economy. It will consider why wage theft is occurring, which industries or occupations it is most prevalent in…

A bicycle is a vehicle within the meaning of the Queensland Road Rules. If you are riding a bike on the roads, you must obey the road rules the same as any other vehicle. Cyclists can be issued with fines for breaking road rules, but no demerits are issued to cyclists. While all the road…

The federal government and the states and territories of Australia all have legislation regulating the proceeds of crime. In Queensland, this legislation is the Criminal Proceeds Confiscation Act 2002. This legislation provides for various orders to be made to restrain offenders from disposing of property obtained by crime and to forfeit property obtained through crime.…

The minimum age of criminal responsibility is the age at which young persons can be arrested for, charged with and found guilty of a criminal offence. In Queensland the minimum age of criminal responsibility is 10 (Criminal Code Act, Section 29). The minimum age of criminal responsibility is currently 10 in all Australian states and…

Serious violent offences in Queensland are dealt with under the provisions of Part 9A of the Penalties and Sentences Act 1992. Under these provisions, when an offender is convicted of a serious violent offence, the court must impose a sentence of imprisonment and the sentence must not allow for the offender’s release from prison before…

The protection of children in Queensland is governed by the Child Protection Act 1999. The act gives the Department of Communities (Child Safety) and the Children’s Court various powers to intervene where a child is at risk of harm. When the Department becomes aware that a family is struggling to care for children, it will try…

The Minister for Corrective Services announced this week that Southern Queensland Correctional Centre, located in the Lockyer Valley, will be turned into a women’s prison. The facility, which is currently a men’s prison, houses 300 prisoners and is operated by the private company Serco. Serco operates a number of other prisons around Australia, including Acacia…

From 1 July 2018, the National Heavy Vehicle Registration Scheme will apply to all heavy vehicles registered in Queensland. Heavy vehicles means vehicles and trailers more than 4.5 tonnes gross vehicle mass (GVM) or aggregate trailer mass (ATM). The scheme is designed to provide consistency across jurisdictions and avert the need for number plates to…

In all states and territories there are government schemes under which victims of violent crimes can seek compensation for their injuries. In Queensland, this scheme is called Victim Assist Queensland and is governed by the Victims of Crime Assistance Act 2009. This scheme aims to provide victims of crime with monetary compensation for physical and…

In New South Wales, courts can deal with criminal offences without recording a conviction if they choose to make an order under Section 10 of the Crimes (Sentencing Procedure) Act 1999. Where it is appropriate, courts can make an order under this provision dismissing a charge completely or discharging the offender into a good behaviour…