Articles
Constructive dismissal appeal refused by Full Bench of the Fair Work Commission
We review the outcome of a 2023 general protections matter which tested the grounds for whether a resignation was forced or not. That is, was it a constructive dismissal?
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Sentencing children in Queensland
In Queensland, the criminal justice system treats children differently to adults. The purpose of dealing with children differently is to acknowledge that children have different maturity levels to an adult, and may not have the same life experience, mental capacity and legal understanding to make adult-like decisions.
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Proposed amendments to penalties under the Work Health Safety Act in Queensland
Under the Work Health and Safety Act in Queensland, penalties for offences relating to breaches of health and safety duties have not increased since the WHS regime was introduced in 2012. For several years there has been ongoing debate regarding two key considerations with respect to the sentencing process for breaches of duties owed under the WHS Act.
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High Court finds employer not vicariously liable for employee’s negligent urination
In the August 2023, the High Court unanimously overturned the earlier decision of the Queensland Court of Appeal that had originally found an employer was vicariously liable for the wrongful act of an intoxicated employee who had urinated on a colleague sleeping in staff accommodation.
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Diversionary options for young offenders in Queensland
When it is appropriate to do so, a child who has criminally offended should be diverted away from the criminal justice system, unless the nature of the offence and the child’s criminal history indicate that a proceeding for the offence should be started.
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Applying for a work licence in Queensland
In Queensland, if you are facing court ordered disqualification from driving, you may be eligible to apply for a work licence to allow you to continue to drive in the course of your employment.
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Recent costs decisions in criminal law summary matters
A defendant who successfully defends charges in the Magistrates Court is not automatically entitled to costs but they can usually apply for the reimbursement of some of their legal costs. Two recent District Court appeal cases in Queensland have provided useful guidance on the recovery of costs in such matters.
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Sex offences and the publication of the defendant’s identity: important legislative changes in Queensland
As of 3 October 2023, persons accused of, and charged with sexual offences including rape, attempted rape, assault with intent to commit rape, and sexual assault, can have their identity published by the media.
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Changes to the Domestic and Family Violence Protection Act August 2023
On 1 August 2023, significant changes were made to domestic and family violence protection laws in Queensland in response to the Hear Her Voice recommendations. Amongst other changes, the amendments import “a pattern of behaviour” into the definition of domestic violence, to encompass behaviour that occurs over a period of time or via a series of acts.
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When is a coronial inquest held?
There are certain deaths for which a coronial inquest must be held. This includes deaths in custody and deaths in care. For other deaths, whether an inquest is held or not, is at the coroner’s discretion.
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Public Sector Act 2022 – new employment framework for public sector employees in Queensland
On 1 March 2023, the Public Sector Act 2022 commenced, repealing and replacing the Public Service Act 2008. This new Act sets out a new legislative employment framework for the Queensland public sector.
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What is the Court Link program in Queensland?
Court Link is a Queensland bail-based program focused on rehabilitative and therapeutic methods catered to vulnerable defendants. The goal is to support participants in addressing and overcoming underlying issues, needs and vulnerabilities that may have a link to their criminal offending.
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