July 2017 - Brooke Winter Solicitors

What is a Taser and how does it work?

Taser is an electroshock hand-held weapon produced by Axon (formerly Taser International). It is a non-lethal weapon that police officers can use as an alternative to deadly firearms. Tasers can subdue a potentially dangerous individual without causing any serious injury. It is a very helpful tool to reduce fatality during police confrontations.

When you fire a Taser, it produces two electrodes that remain connected to the weapon by very thin wires. These electrodes will send an electric current to incapacitate muscles. The electrodes are stored in a cartridge that needs to be replaced after every shot (some models can fire up to three shots). A Taser can fire up to 35 ft. and can penetrate clothing.

What does the law say about Taser?

It is illegal for civilians to own a Taser anywhere in Australia. Not even all police officers can carry a Taser. In Queensland, only police personnel on patrol and members of the Special Emergency Response Team are allowed to carry a Taser. They are trained to assess situations and decide if use of Tasers is the most appropriate solution. Police officers can only use a Taser after passing a rigorous training about proper handling and risk analysis. The Taser models currently used by Queensland police are M26 and X26.

What is the danger of using a Taser?

It is illegal for civilians to own a Taser anywhere in Australia unless you are the holder of a Category R Weapons Licence (Weapons Categories Regulation 1997 Qld). It is a highly restricted item and not even all police officers can carry a Taser. In Queensland, only police personnel on patrol and members of the Special Emergency Response Team are allowed to carry a Taser. They are trained to assess situations and decide if the use of Tasers is the most appropriate solution. Police officers can only use a Taser after passing rigorous training about proper handling and risk analysis. The Taser models currently used by Queensland police are M26 and X26.

How can we be sure that Tasers are not misused by Police?

The Queensland Police Service is continuously developing its training and policy on Taser handling. All is in coordination with the Crime and Misconduct Commission and overseen by the Ethical Standards Command. This is to make sure that no policy loopholes are overlooked in terms of Police use of Tasers. Constant reviews and investigations of incidents involving Police use of tasers are also made to make sure that all police officers are complying with the policy made by QPS. Back in 2013, CMC published a report on all incidents involving multiple and prolonged deployments of tasers. Queensland Police Officers who were found guilty by the investigation received disciplinary action.

You can reach out to CMC and ESC for any complaints or concerns regarding Tasers misuse of Police Officers.

Uber is a ride-sharing service that uses mobile application technology and internet for its operations. It gives convenience to passengers because of the capability to order car service from anywhere. It also promotes cash-free transactions due to its online payment technology. Uber is currently operating in more than 500 cities around the world.

How did Uber Start in Queensland?

The American-operated company started in the province back in October 2012. Its popularity to commuters quickly rose because Uber fares are generally cheaper than regular taxis. The number of Uber drivers also grew fast because of the growing demand. It was also easy to get into Uber business because there was no requirement yet to pay for any government licenses and fees.

Due to the increasing popularity, people began to question the status of Uber in Queensland. Many people questioned its legality, especially the taxi drivers. However, there was no law at that time that says Uber is illegal. Although drivers can be penalized for driving without an Authority, Uber was still not government licensed and regulated. Thus, Uber continued to operate freely in Queensland. On the part of commuters, riding Uber was also not illegal, but safety was a big concern.

What is the status of Uber?

Because of all the questions regarding Uber operations, the Queensland Government legislated for its regulation. In September 5 of 2016, Uber was made legal to operate in Queensland. All booked and ride-sharing services, together with limousines, taxis and other hired cars are now regulated under a new law. It required all Uber drivers to have valid drivers’ authorization. They should pass health and criminal checks to have the legal authorization. Drivers should also obtain the annual Booked Hire License of $237.26. Uber cars should pass the safety inspection before they can get on the road.

Should Taxi Drivers be concerned?

To support the taxi drivers after the legalization of Uber and other ride sharing businesses, the Queensland Government provided a “hardship fund” worth $26.7 million. A total of $100 million assistance was given to the taxi industry. The government waived $4.3 million worth of fees for taxi business. The maximum age limit for taxis was removed as well. These should give fairness to the taxi industry in competing with ride sharing services.

What is the future for Uber and other ride-sharing business?

Now that the Queensland Government has put all ride-sharing services in the same playing field as the taxis, we can expect more changes in Uber regulation. Also, expect Queensland laws for Uber to constantly develop in creating a fair market among all transport service industries. With the transition fund that the government provided to the taxi industry and its plan to open the market for new taxi business, Uber can expect a tougher competition in the future.