QLD

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…

In civil litigation it is common for the successful party to seek a costs order in its favour during or after the conclusion of litigation. Costs orders in Queensland are governed by the Uniform Civil Procedure Rules 1999 (UCPR). Depending on how the matter has been conducted, the unsuccessful party may be ordered to pay…

If you have been the victim of violence or abuse by your partner and you have decided you are ready to leave the relationship, there are a number of ways the law can help to protect you. These include obtaining a Domestic Violence Protection Order, making a claim for Victims Assistance and initiating family law…

On 26 June 2018, the Supreme Court of Queensland handed down a decision ordering that Ayla Cresswell could use the sperm of her deceased partner to conceive a child via Assisted Reproductive Therapy (ART). It was a historic decision as no such order had previously been made by an Australian court. The decision has broad…

When pleading guilty, the two most common questions asked are, “what will my sentence be?” and “what can I do to reduce it?” The legislation which governs sentencing in Queensland is the Penalties and Sentences Act 1992 (PSA). The main items your lawyer will typically advise on are a timely plea of guilty, demonstrated remorse…

When a person is charged with breaching a domestic violence protection order (DVPO), which requires them to be of good behaviour towards the aggrieved, it is common for the person to also be charged with one or more other offences arising from the same conduct. This is because the breach of the good behaviour conditions…

The award-winning three session Queensland Traffic Offenders Program (QTOP) is now available online. The online program, which aims to educate traffic offenders about the risks of unsafe driving costs $185 and must be completed on a laptop or desktop computer with a camera and a strong internet connection. What does the program involve? The program…

Having a Domestic Violence Protection Order (DVPO) made against you does not mean you have a criminal record. DVPOs are often made ‘by consent and without admissions.’ This means that the respondent agrees to have the order made without admitting that any domestic violence has occurred. However, if you have a weapons licence it is important…

The age of consent refers to the age at which a person can lawfully consent to sex. The age of consent differs between different states and territories. In Queensland the age of consent is 16. This is the case regardless of the type of sexual intercourse and the gender of the participants. Age of consent…

What is a voir dire? A voir dire is a court proceeding to determine whether evidence will be admitted or excluded at trial.  A voir dire is a ‘trial within a trial’ and is held prior to the jury trial (in a Supreme or District Court matter) or prior to the hearing (in a Magistrates Court matter). In the course of investigating…

Duress is available as a defence to most criminal offences. In Queensland, the defence of duress is set out in Section 31 of the Criminal Code. A person can be acquitted of a criminal offence based on duress if they can show that they were essentially ‘forced’ to commit the offence by someone else. The…

The group of offences loosely known as burglary is covered by Chapter 39 of the Criminal Code in Queensland. It deals with a range of offences involving entry of a dwelling or other premise with intent to steal or commit some other criminal offence. Burglary is a very serious offence, which carries a maximum penalty…