QLD

Adult guardianship in Queensland is handled by the Queensland Civil and Administrative Tribunal (QCAT). QCAT can appoint a person as an adult guardian in respect of a person aged over 18 who has impaired decision making. Guardians have the authority to assist in making certain decision for the person under guardianship. Adult guardianship is governed…

The offence of fraud is governed by section 408C of the Queensland Criminal Code 1899. That provision states that a person commits fraud if they dishonestly: Apply to their own use or to the use of another person property belonging to another or property in the person’s possession that is subject to a trust, direction or…

If a child whose safety and welfare you are concerned about is the subject of child protection proceedings, it is important to understand the legislative framework. If your grandchild, niece, nephew or another child you care about has been removed from their parents’ care, you may be called to give evidence in court. As a…

If you are a party to a Domestic Violence Order made in Queensland, it is important to know that this order can be enforced or amended in all other Australian states and territories. The National Domestic Violence Order Scheme introduced new laws in 2017 to streamline this process. This means that you can now be…

A Sentencing Assessment Report (SAR) is used to assist a court to determine the appropriate sentencing orders to impose on a defendant. Sentencing Assessment Reports are prepared in response to an order by the court for an SAR to be prepared. Such an order may be made because of the nature of the offence, the…

Residential leases in Queensland are governed by the Residential Tenancies and Rooming Accommodation Act 2008. The act sets out the circumstances under which a residential lease may be terminated and the procedure for termination. When a party is breaking a residential lease without a specific reason, the party terminating it may be required to pay…

The right to silence is recognised as a fundamental common law right in all Australian jurisdictions. In Queensland, it is codified in Section 397 of the Police Powers and Responsibility Act (PPRA), which states that a person’s right to refuse to answer questions is protected, unless they are required under legislation to answer the questions.The…

Certain criminal offences fall under the category of ‘strict liability offences.’ These are offences for which the prosecution is not required to prove that the accused had an intention to commit the crime. In other words,  a strict liability offence does not have a mens rea, or ‘guilty mind’ element. When a person is charged…

Domestic Violence Orders in Queensland are made under the Domestic and Family Violence Protection Act 2012. A domestic violence order is designed to protect someone who is, or has been in, an intimate relationship or an informal care relationship. DVOs can also be made between family members, such as parent and child or brother and…

The Queensland government announced in March that Queensland’s two privately operated prisons will be brought back under government control. The decision came in the wake of a Crime and Corruption Commission report on corruption in corrective services facilities. The report, released in December 2018, found that corruption was rife in private prisons and that the…

A tenancy agreement does not necessarily end when the property is sold. A purchaser buys a property subject to any lease agreement that is in place prior to the purchase. If a tenanted property is to be sold while the tenant continues to lease it, the landlord must take steps to ensure that the tenant’s…

A computer crime is a criminal offence that relates to the use of computers. In 1997 the Queensland Criminal Code introduced Section 408E entitled ‘Computer Hacking and Misuse’. This provision states that a person who uses a restricted computer without the consent of the computer’s controller commits an offence. Further, if the person causes or…

Riots are a form of civil disorder where a group lashes out in a spontaneous display of violence against authority, people or property. Riot offences are generally dealt with by police and the police have broad powers to use force to suppress a riot. In Queensland, the common law offence of riot has been codified…

There are numerous legal implications to being intoxicated in a public place. Intoxicated persons can be taken into custody if their behaviour is likely to pose a risk of harm to themselves or other people. Police may not interview a person suspected of a crime whilst they are intoxicated. Having been intoxicated can also affect…

The RACQ recently released a list of the most commonly broken Queensland Road Rules. Some of these are rules that drivers may not be aware of. Some of them are rules that people know but break anyway. Being mindful of the Queensland road rules when you’re driving not only keeps the roads safe but can also…

In February 2019, the Queensland government passed legislation criminalising the publication of ‘revenge porn.’ The Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Act 2018 amends the Criminal Code, creating three revenge porn offences consisting of the publication, without a person’s consent, of intimate images or videos of the person, or making a threat to…