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 modern messaging platforms (Facebook, WhatsApp, Viber etc) the encryption is […]
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We are back at work for 2019 and are looking forward to getting the best results for our clients in 2019. Our Principal, Michael Gatenby, has been featured in the Gold Coast Bulletin today commenting on the Consorting Laws. If you have any questions or have been served with a notice please contact our office to make an appointment on 55800120.
The Palaszczuk Government have taken to parliament to impose further strict conditions and monitoring on child sex offenders. This week, Queensland Parliament will be evaluating the change to legislation that:
It is expected that New Zealand’s, Mongrel Mob, will be declared an ‘identified organisation’, under the Serious and Organised Crime Legislation Amendment Act 2016 The declaration comes following purported intelligence gathered by the Police Commissioner advising that there is evidence of Mongrel Mob activity in Queensland. The power to declare the gang an identified organisation is an unfettered discretion of the executive branch and is not the subject of any judicial scrutiny.
On 26 October 2017, the Sentencing Advisory Council received Terms of Reference from the Attorney General regarding “community-based sentencing orders, imprisonment and parole options”. At the core of the sentencing process is the effective rehabilitation, reintegration and supervision of prisoners released into the community. Other than those serving a life sentence, there must be an acknowledgment that at some point an offender will be released back into the community. Parole is crucial in reducing the risk of re-offending by those under supervision, prior to the end of their sentence. Sofronoff Report The terms of reference are in response to the recommendations in the 2016 Queensland Parole System Review Final Report undertaken […]
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 August 10 Media Release, the Attorney General said that the bill […]
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 Dow passed away at Mackay Base Hospital on 31 July […]
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 Lyons to review the Workplace Health and Safety Laws. His […]
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 Act 1999 to prohibit a person who is the subject of […]
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 suggests that some historical convictions relate to prosecutions using public […]