QLD

The process of registering a power of attorney in Queensland is governed by the Powers of Attorney Act 1998 (Qld). A power of attorney is a document which gives another person (the attorney) authority to make financial and /or personal decisions on your behalf (the principal). For more general information, read Power of Attorney in…

The main legislation dealing with family and domestic violence in Queensland is the Domestic and Family Violence Protection Act 2012. There are also some relevant provisions in the Criminal Code 1899 that may apply. This article provides an overview of the relevant provisions and definitions provided in the Domestic and Family Violence Act 2012. The…

A police check or criminal history check is a criminal history search. The two most common types of police check in Queensland are the following: The Queensland Criminal History Check; and The National Criminal History Check. Queensland Criminal History Check A Queensland Criminal History Check provides you with a list of convictions from prosecutions by…

Restraining orders protecting a person from domestic and family violence are called Domestic Violence Orders in Queensland. They can also be called Protection Orders. The Domestic and Family Violence Protection Act 2012 is the key legislation setting out how to apply for a Domestic Violence Order in Queensland. This article goes through the process of…

Written by Chantal McNaught Queensland’s 1am lockout law, which was meant to come into effect on 1 February 2017, has been abandoned. The news comes after a report conducted six months after the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 came into effect. It concluded that, ‘the introduction of lockouts (one-way doors) is not likely…

Domestic Violence Orders (also known as Restraining Orders or Protection Orders) in Queensland seek to prevent further violence from occurring between family members or relatives. This includes parties who have an intimate relationship, a family relationship (such as parents, children and spouses), and an informal care relationship where one person is dependent on the other…

The tort of negligence in Queensland was established by case law (also known as common law) but is now also governed by the Civil Liability Act 2003. What is negligence? Put simply, negligence occurs when a person (the actor) is reckless or careless, or acts without the degree of skill usually expected of someone in…

There are important rights for parents and guardians to be aware of if your child (under the age of 17 years) is suspected of breaking the law and committing a crime. For instance, police cannot take your child anywhere without making an arrest or obtaining your child’s consent. However, if a police officer asks your…

An executor is the person responsible for administering a deceased person’s estate.  When a person (referred to as the testator) makes a Will, they will usually nominate at least one person as an executor.  Under the Succession Act 1981 (Qld), the term “personal representative” is used, as it refers to both executors and administrators. More…

The Children’s Court in Queensland (known as the Childrens Court) is a special court formed within the Queensland’s Magistrates Court. It is designed to deal with the minor offending of persons under the age of 17. In the Childrens Court, a trial is referred to as a summary hearing. Young offenders will initially appear in…

Police have the power to conduct lawful personal searches in Queensland under the Police Powers and Responsibilities Act 2002, which is also known as the PPRA. It is important to remember that if you consent to a search or any other exercise of power, the police no longer have to rely on their powers under…

Go To Court’s Legal Hotline received a large number of phone calls from the public asking about the legality of refusing a breath test in Queensland. From our investigations, these questions were prompted by a viral YouTube video. In the video a man, presumably the Youtube uploader, repeatedly asked a police officer conducting a random…

Giving a power of attorney in Queensland to someone can be a difficult but important decision. The giving of a power of attorney to someone else allows that person to make personal, and possibly financial and medical decisions for you. The Queensland government provides some useful information about the laws on Power of Attorney on…

In Queensland, stalking is an offence under section 359B of the Queensland Criminal Code 1899. Intimidating behaviour such as following a person in such a way that makes them feel apprehension or fear of violence, or causes them detriment is an offence. The apprehension or fear of violence must be reasonable for the prosecution to…

The Queensland Parliament has passed the Public Health (Medicinal Cannabis) Bill 2016. What this means is that from March 2017, the proposed laws will allow certain medical professionals to prescribe medicinal cannabis. The Bill was passed unanimously and aims to regulate cannabis for medicinal use through prescription. Cannabis products under the Bill include the following:…

Listening devices in Queensland are regulated by the Invasion of Privacy Act 1971 (QLD). Section 4 of the Act defines a listening device as any form of instrument, apparatus or equipment capable of being used to listen to, monitor, overhear, or record a private conversation. You may be picturing a James-Bond-style ‘bug’ or surveillance equipment…