Laws Archives - Page 3 of 7 - Gatenby Criminal Law

15 Oct

Proposed penalties for driving offences leading to death or serious injury

The Queensland government is currently considering introducing a new mid-range driving offence between the existing Criminal Code offence of Dangerous Driving, and the TORUM offence of Driving without Due Care and Attention offence. The proposed offence will include a circumstance of aggravation for offending drivers who cause death or grievous bodily harm in the commission of the offence of Driving without Due Care and Attention, where they were driving whilst unlicensed or their license was suspended, or disqualified. The proposal follows the Coroners recommendations in the matter of Audrey Anne Dow. Inquest into the death of Audrey Anne Dow Audrey Anne …

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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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10 Oct

Proposed Bill to prohibit DV Respondents from holding explosives licence

Following on from the Queensland Government’s Not Now Not Ever policy, the Land, Explosives and Other Legislation Amendment Bill has been introduced into parliament. The aim of the proposed legislation is to prohibit those with Domestic and Family Violence protection orders against them from holding an explosives licence. Currently Queensland is the largest user of explosives in Australia, predominately in the mining industry, using approximately one third of the three million tonnes consumed annually. In Queensland, ‘explosives’ is defined in Schedule 2 of the Explosives Act and includes: ammunition, blasting explosives, distress signals, flares, fireworks, propellants; and pyrotechnics. The Bill will amend the Explosives …

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10 Oct

Criminal Law (Historical Convictions Expungement) Bill 2017

On Tuesday 10 October 2017, the Queensland Parliament passed The Criminal Law (Historical Convictions Expungement) Bill 2017. The purpose of the legislation is to expunge historical convictions for eligible homosexual offences prior to the 1991 amendments. Criminal offences Consensual adult male homosexual activity ceased to be a criminal offence in Queensland on 19 January 1991, however a number of historical convictions remain on criminal histories. The Criminal Code and Another Act Amendment Act 1990 repealed offences relating to homosexual activity, namely sections: 208(1) and (3) (Unnatural offences); 209, (Attempt to commit unnatural offences); and 211, (Indecent practices between men). Anecdotal evidence also …

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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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09 May

State Penalties Enforcement Amendment Bill 2017

Criminal Lawyer, Sam Rigby explains the introduction of the State Penalties Enforcement Amendment Bill 2017 into the Queensland Parliament. The SPER registry oversees and manages debts, amounting to $1.17 billion. The management of such debts has been scrutinised over the past few years in dealing with the structure of debts, dealing with people who are suffering financial hardship or disadvantage and when an infringement should be referred to SPER. Like many of our clients who appear before the court, their penalties are often referred to SPER. These fines can range in expense and if Sentenced more than once, the amount of debt can add up …

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05 May

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016 ‘The Bill’

Our criminal law clerk, Stefanie Schilkowski outlines the amendment to the Child Protection legislation. CHILD PROTECTION – TOUGH, STREAMLINED AND HOLISTIC NEW LAWS? Following the 2013 review by the Crime and Corruption Commission of the Child Protection (Offender Prohibition Order) Act 2008, the bill was introduced late 2016. In short, it means greater police powers (by amending the Police Powers and Responsibilities Act), extending protection to community members/children, an amalgamation of current laws and amendments to offender reporting. Current Child Protection Reporting Regime Queensland currently separates its offender reporting legislation into two distinct but linked Acts; The: Child Protection (Offender …

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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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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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30 Oct

Reforms to Youth Justice Laws Brings Qld in Line With UN Convention

Youth Justice Reforms Queensland’s 17 year old offenders are the only youths in the Country being sentenced outside the youth justice system. By treating 17 year olds as adults in the criminal justice system, Queensland has been inconsistent not only with the rest of the country, but also in breach the United Nations Convention on the Rights of the Child. Under proposed youth justice reforms, 17 year olds are to be considered children. It is anticipated that all children under the age of 18 year will proceed through the Youth Justice System. The proposed reforms are hoped to reduce the rate of recidivism by diverting …

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