legislation Archives - Gatenby Criminal Law

09 Jul

Expanding Roadside Drug Driving Cocaine-Related Offenses

Cocaine to be included in Drug Driving Testing In response to the rising number of serious crashes, the Queensland Government has expanded its highly successful roadside drug testing program to include testing for cocaine. The inclusion of cocaine in the program aims to detect dangerous drivers and keep them off the state’s roads. Drivers on Queensland roads can be charged with an offence of driving while a relevant drug is present even if their driving is not impaired by the drug. With a zero-tolerance approach to drug driving, Queensland has implemented tough penalties for offenders, including license disqualification, fines, and …

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30 Apr

Court Penalties to Become More Expensive

Gatenby’s Quick Summary: Court penalties are increasing by $3 a unit. While this may not seem like much, fines are often large multiples of units, leading to a significant increase in total penalty. These penalties are for everyone who is sentenced in Queensland. From 1 July 2019, fines in Queensland are set to increase by 2.25%. An appearance in Court will become more expensive with the value of the penalty unit in section 3 of the Penalties and Sentences Regulation 2015 (PSR) is set to increase from $130.55 to $133.45. An appearance in Court will become more expensive with the value of the penalty unit in section 3 of the Penalties and Sentences Regulation 2015 (PSR) is set to increase from $130.55 to $133.45. What is a penalty unit? A penalty unit is a prescribed amount of money that is used to calculate fines …

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15 Jan

Encryption Laws – What does it mean for me?

In December of 2018, the Australian Government passed new laws that put our cyber security and privacy at risk. The Government self-admittedly rushed approval of the law, without concern to the negative impacts it may have on Australians and the world of cyber security. Importantly, the law itself is vague in parts and there is no current oversight or supervision against potential abuse of the new powers. What is encryption and why is it important? Encryption is the scrambling of messages and information so that it can not be read other than by someone with the correct decryption key. In …

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26 Oct

Welcome Return Of Drug Court To Queensland Courts

In acknowledging the link between addiction and the commission of criminal offences, the Queensland government has reinstated the Drug Court in Queensland. This court recognises that rehabilitation is often the best way of achieving the objective of keeping the community safe from recidivist offenders, who might otherwise be unable to give up their drug and/or alcohol addiction. On 24 October, the Queensland parliament passed the Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017. This bill is not only re-established the previous regime but expands it to include alcohol as a relevant drug. In her …

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12 Oct

Industrial Manslaughter Offence Introduced to Queensland

On 12 October 2017, the Minister for Employment and Industrial Relations, Grace Grace, announced the introduction of “Tough new industrial manslaughter laws” in Queensland. With maximum penalties of 20 years imprisonment for an individual, and a maximum fine of $10 million for a corporate offender, the new Industrial Manslaughter laws are significant. The new Industrial Manslaughter laws were prompted by the 2016, workplace fatalities at Dreamworld, where four people lost their lives on the Thunder River Rapids Ride; and at Eagle Farm, where two workers were crushed when a precast concrete slab toppled over. These incidents prompted the Government to engage Tim …

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01 Aug

M1 Traffic Restrictions

Truck drivers need to be aware that from, 1 August 2017, all trucks with a Gross Vehicle Mass (GVM) over 4.5t will be restricted to travelling in the left 2 lanes in both directions between Springwood and Robina. Penalties including fines and loss of demerit points will apply. The restrictions are from the M1 motorway between exit 20 at Springwood and exit 82 Southbound and exit 79 northbound at Robina. The rationale is that the measures will improve the traffic flow for the more than 152,000 vehicles using the M1 each day, particularly during the Commonwealth Games in 2018. The Department of Transport …

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17 Feb

Bail (Domestic Violence) and Another Act Amendment Bill 2017

On Valentines Day 2017, the Opposition Leader, Tim Nicholls introduced the Bail (Domestic Violence) and Another Act Amendment Bill 2017 into the Queensland Parliament. The Bill will see a massive change to domestic violence bail laws. The proposed Bill was prompted by the tragic death of Ms Terresa Bradford, who was killed by her estranged husband two weeks earlier. Sadly the death was not uncommon with eighteen Queensland women dying in DV related incidents in 2016. Policy Objectives The Bill has five policy objectives: Reverse the presumption of bail for an accused charged with a relevant domestic violence offence; Create …

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12 Feb

Recording Private Conversations – Is it lawful?

The Moreton Bay Council recently announced that they have rolled out 330 CCTV cameras that have the capacity to record private conversations. In 2013 the then Queensland Transport Minister sought to introduce audio recording in taxi cabs. This raises the question, “Is it ok to record other peoples conversations?” Invasion of Privacy Act Section 43 of the Invasion of Privacy Act provides a maximum penalty of two years imprisonment where the person uses a listening device to overhear, record, monitor or listen to a private conversation. The legislation clearly intends that private conversations will be kept private. There are a number of exceptions such …

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12 Feb

What to consider when contesting a Domestic Violence Application

Contesting a Domestic Violence Application under Queensland’s Domestic Violence legislation can be a daunting. You should carefully consider the Application before you decide how to respond to it. We provide our tips for challenging a Protection Order. Does a relevant relationship exist? Not all relationships are protected by the Domestic and Family Violence Protection Act. For an order to be granted the Applicant must establish that the relationship is: an intimate personal relationship; a family relationship; or an informal care relationship. If the Applicant can not establish this then the Court can not grant a Protection Order. Does the application establish that Domestic …

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14 Dec

Freedom of Information Laws to be reviewed

Community Review of Freedom of Information Law The Queensland Government is seeking input from the community on a review of the Queensland’s Right to Information Act 2009 and Information Privacy Act 2009. History of Freedom of Information Laws Following the Fitzgeral Inquiry (1987 – 1989), the Electoral and Administrative Review Commission recommended that Freedom of Information laws be introduced in Queensland. The Freedom of Information Act 1992 was the governments response. It permitted access to information upon application. In June 2008 the Solomon Report was handed down. It proposed a difference approach, in that government bodies ought publish information unless …

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