QLD

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…

Animal cruelty is prohibited in Queensland under the Animal Care and Protection Act 2001. The act imposes a legal duty of care on people keeping animals. Complaints about breaches of the act can be investigated by the RSPCA, the Queensland Police or Biosecurity Queensland. The act sets out a number of offences relating to cruelty…

When you are living in an urban area, you are likely to have neighbours in close proximity to you and you may be affected by their actions or inactions. Neighbourhood disputes commonly arise in relation to trees, shared fences or animals. While disputes about trees and fences are governed by the Neighbourhood Disputes (Fences and…

In Queensland, provocation can be used as a full defence to assault charges and as a partial defence to a murder charge. The defence of provocation is codified in sections 268 and 269 of the Criminal Code Act 1899. In recent years, Queensland has debated whether the defence of provocation remains appropriate in modern society…

Young offenders aged between 10 and 18 can be sentenced to a period of detention if they are found guilty of an offence or remanded in a youth detention centre if they are refused bail. There are two youth detention centres in Queensland, the Brisbane Youth Detention Centre in Wacol and the Cleveland Youth Detention…

A Queensland Civil and Administrative Tribunal (QCAT) decision late last year has called into question the state’s laws prohibiting firearm silencers. The decision considered the Queensland Police’s refusal to grant a farmer’s request to possess a silencer in order to more safely use his firearms to control invasive species on his property. The health benefits…

In Queensland, the Police Powers and Responsibilities Act gives police the power to take a person’s identifying particulars or a DNA sample in some circumstances.  Whether the police can take your fingerprints or other identifying particulars or a DNA sample and when they must destroy them depends on the offence you have been charged with…

The Queensland Criminal Code makes it an offence to attempt to commit a criminal offence or to conspire to commit a criminal offence. The maximum penalties which apply to attempts to commit offences and conspiring to commit offences depend on the penalty that applies to the offence itself. The maximum penalty for attempted offences is…

When the police suspect a person has committed an offence, they may ask the person to participate in an interview. Participation in police interviews is voluntary and suspects have the right to remain silent. Anything a suspect says to the police may be used as evidence against them during any ensuing court proceedings. However, police…

When an offender pleads guilty or is found guilty of a crime, he or she will proceed to be sentenced by the court. If the court imposes a term of imprisonment, it may choose to suspend that term either wholly or partially.  When a term of imprisonment is suspended, the offender is free to live…

Reaching an agreement about parenting arrangements after a separation can be a challenging process for all parties involved and will often require the assistance of a lawyer or mediator. The situation can be even more complicated when the relationship has broken down irretrievably due to domestic violence. Domestic violence proceedings and family law proceedings are…

When a person is charged with a criminal offence, they have two options. They can either plead guilty to the offence and proceed to sentencing or plead not guilty and proceed to a contested hearing. This article will provide some insight into what is involved in a contested hearing. Pleas in mitigation When any criminal…

The offence of arson is governed by Section 461 of the Queensland Criminal Code, which provides: Any person who willfully and unlawfully sets fire to: A building or structure; A motor vehicle, train, aircraft or vessel; Any stack of cultivated vegetable produce, or of mineral or vegetable fuel; A mine, or the workings, fittings, or…

This article examines the relationship between child protection proceedings in the Children’s Court and parenting proceedings in the Family Court or Federal Circuit Court. While child protection matters in Queensland are governed by the Child Protection Act 1999, parenting matters are governed by the Family Law Act 1975.  What are child protection proceedings? The Child…

When adults are sentenced for criminal offences in Queensland, there are various custodial sentencing orders the court can make.  Queensland courts can sentence a person to an actual term of imprisonment, a suspended term of imprisonment or an order that combines prison and a probation order. The sentencing of adults for criminal offences is governed…