Queensland recently introduced new legislation targeting hate speech and extremist expressions, representing a significant change in the state’s criminal law framework. The laws were introduced through the Fighting Antisemitism and Keeping Guns Out of the Hands of Terrorists and Criminals Amendment Bill 2026, which passed Parliament on 5 March 2026 and came into effect shortly afterwards.

What the New Laws Criminalise

The legislation strengthens criminal penalties for certain forms of speech or expression that are considered threatening, intimidating, or likely to promote hatred.

The reforms allow authorities to treat some phrases and symbols as prohibited expressions if used in circumstances that could cause menace, harassment, or offence.

Practically, this means that certain (obvious) slogans, gestures, or statements may now give rise to criminal liability depending on how they are used and the surrounding circumstances.

Early Enforcement of the Laws

The laws attracted national attention almost immediately after coming into force. Within days, police arrested protesters in Brisbane who allegedly used slogans that had been classified as prohibited under the new legislation.

One individual was charged for allegedly chanting a banned phrase during a protest outside Queensland Parliament, while another protester received a formal police caution after displaying the same slogan on clothing.

These arrests have sparked debate among legal experts and civil liberties groups about whether the laws could potentially restrict legitimate political expression.

Potential Legal Challenges

Some lawyers and civil liberties organisations have suggested the laws may face legal challenges. Critics argue the legislation could conflict with the implied constitutional freedom of political communication recognised by the High Court.

Supporters of the reforms, however, argue the laws are necessary to prevent speech that may incite violence or hatred toward vulnerable communities.

Looking Ahead – Cautiously

For individuals participating in public demonstrations or engaging in political activism, understanding the boundaries of the new hate speech laws will be increasingly important.

Our team are experts in criminal and traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

 

Queensland’s “Adult Crime, Adult Time” policy has been expanded again, significantly increasing the number of offences for which young offenders can receive adult-level penalties.

Recent amendments have expanded the scheme to include 45 offences, representing a substantial increase in the number of crimes covered by the policy.

How it Works

Historically, youth offenders in Queensland were subject to a separate sentencing framework that prioritised rehabilitation. Courts were generally required to treat detention as a last resort.

The scheme modifies this approach by allowing courts to impose adult sentencing standards for specific serious offences committed by children aged 10 to 17.

Offences Covered by the Expansion

The list of offences included in the scheme has grown steadily since the policy was first introduced.

The latest expansion added 12 new offences, bringing the total number of offences covered by the scheme to 45:

  • Assault occasioning bodily harm;
  • Conspiring to murder;
  • Unlawful stalking, intimidation, harassment or abuse;
  • Riot;
  • Abuse of persons with an impairment of the mind;
  • Indecent treatment of a child under the age of 16;
  • Choking, suffocation, or strangulation in a domestic setting;
  • Disabling in order to commit indictable offence;
  • Stupefying in order to commit indictable offence;
  • Endangering the safety of a person in a vehicle with intent;
  • Aiding suicide; and
  • Administering poison with intent to harm.

Further Additions

Given the political focus on youth crime in Queensland, further reforms to youth justice laws remain possible.

As new cases begin to emerge under the expanded scheme, courts will play a key role in shaping how these laws are applied in practice.

Our team are experts in criminal and traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Drink driving remains one of the most common criminal offences dealt with in Queensland courts. The offence is regulated primarily under the Transport Operations (Road Use Management) Act 1995 (Qld) and includes several categories depending on the driver’s blood alcohol concentration (BAC).

Queensland operates a graduated penalty system, meaning mandatory consequences increase depending on the level of intoxication and whether the offender has prior convictions.

For many drivers, a drink driving charge is their first interaction with the criminal justice system, which can make the court process unfamiliar and stressful.

Categories of Drink Driving Charges

Low Range Offence

A BAC between 0.05 and 0.099 is considered a low range offence. While penalties are typically lower than other categories, drivers still face a mandatory licence disqualification and fine (for a first offence).

Mid-Range Offence

A BAC between 0.10 and 0.149 falls into the mid-range category. Penalties increase significantly and include longer disqualification periods, higher fines, and other appropriate penalties.

High Range Offence

A BAC of 0.15 or above is considered a high range offence and is treated very seriously by the courts. Drivers may face:

  • substantial fines;
  • lengthy licence disqualification; and
  • possible imprisonment in serious cases.

High range offences often attract more detailed sentencing submissions, particularly if aggravating factors are present (such as a crash).

Additional Offences

Queensland law also criminalises related conduct such as:

  • driving under the influence of alcohol or drugs;
  • failing to provide a breath specimen; and
  • dangerous operation of a motor vehicle while intoxicated.

Work Licences and Restricted Licences

In some circumstances, a person charged with drink driving may be eligible to apply for a restricted licence, commonly referred to as a work licence.

To obtain a work licence, the applicant must satisfy strict criteria, including demonstrating that losing their licence would cause extreme hardship and that they are otherwise a fit and proper person to hold a licence – this usually requires a well crafted affidavit. Courts carefully assess these applications and supporting material.

The Importance of Early Legal Advice

While drink driving charges may appear straightforward, the consequences can be significant. A conviction may affect employment, insurance and travel opportunities (such as a visa).

Obtaining legal advice early can help individuals understand their options, prepare appropriate material for court and ensure that their matter is presented effectively.

Our team are experts in criminal and traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Digital evidence has become one of the most important components of modern criminal investigations. With smartphones, social media and connected devices embedded in daily life, electronic data frequently plays a central role in criminal prosecutions.

Police now routinely examine digital material to reconstruct timelines, establish communication between individuals and identify patterns of behaviour.

Common Types of Digital Evidence

Digital evidence may come from a variety of sources, including:

  • mobile phone text messages;
  • emails and social media communications;
  • GPS and location tracking data;
  • CCTV or security camera recordings;
  • internet browsing history.

In many cases, these records can provide critical insight into the events surrounding an alleged offence.

 Digital Evidence in Domestic Violence Matters

Domestic violence cases often rely heavily on electronic communications. Investigators may analyse months or years of text messages, emails and social media interactions to determine whether a pattern of behaviour exists.

Location data and call records may also be used to establish whether individuals were present at particular locations.

The Future of Digital Evidence

As technology continues to evolve, digital evidence will play an even greater role in criminal investigations. Lawyers must increasingly understand how electronic data is collected, analysed and presented in court.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Queensland criminal law underwent a major reform in 2025 with the introduction of a standalone offence of coercive control. The offence commenced on 26 May 2025 and represents a significant shift in how domestic and family violence is treated under criminal law.

Specifically, it sits under Section 344C of the Criminal Code 1899.

What is Coercive Control

Traditionally, criminal charges in domestic violence matters focused on specific acts, such as assault, stalking or property damage.

Coercive control refers to behaviour that seeks to dominate, isolate, or manipulate another person in an intimate or family relationship. Importantly, the offence does not require proof of a single violent act. Instead, the prosecution must establish that the accused engaged in a course of conduct intended to control or coerce another person:

  • isolating a partner from friends or family;
  • monitoring communications or movements;
  • controlling finances or access to money;
  • threats or intimidation;
  • repeated harassment or humiliation.

These behaviours may individually appear minor but can become criminal when they form part of a broader pattern designed to control another person.

Penalties

 The offence carries a maximum penalty of 14 years imprisonment. Courts will consider a range of factors when assessing whether the legal threshold is met, including the duration of the conduct, the nature of the relationship, and the impact on the alleged victim.

Evidence may include:

  • text messages and emails;
  • financial records;
  • witness statements;
  • historical relationship evidence.

Because coercive control involves a pattern of behaviour over time, cases may rely on evidence spanning months or even years.

Practical Implications for Criminal Cases

For individuals under investigation, early legal advice is particularly important. These matters often involve extensive digital evidence and detailed examination of relationship history.

Criminal defence lawyers must carefully analyse whether the alleged conduct meets the statutory definition and whether the prosecution can establish a course of conduct beyond reasonable doubt.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

The Domestic and Family Violence Protection and Other Legislation Amendment Act 2025 (the Act) was passed on 28 August 2025. Police Protection Directions (PPDs) commenced statewide on 1 January 2026.

Prior to January 2026, when dealing with domestic violence (DV), police would often order a Police Protection Notice (PPN) in conjunction with an application to the court for a Domestic Violence Protection Order (DVPO). A PPN can be issued by the police if immediate protection is required until the DVPO court date. DVPO’s are made for a standard period of five (5) years unless a Court is satisfied that there are reasons to justify a shorter order.

A PPD is an on-the-spot direction issued by a police officer and is valid for 12 months. PPD’s are only to be issued where it would not be more appropriate for the matter to proceed to court.

A PPD requires the respondent to not commit domestic violence against the aggrieved and any other named persons on the PPD.

Contravening a PPD is a criminal offence. The maximum penalty for contravening a PPD is 120 penalty units or 3 years imprisonment.

Upon the expiration or ending of a PPD, the protection it provides also ends. The PPD cannot be extended or reissued for the same respondent and aggrieved.

Issuance of a PPD

Police may issue a PPD when identifying or responding to a complaint, report or circumstance of DV. A PPD can only be issued when police reasonably believe:

  • The aggrieved and respondent are in a ‘relevant relationship’ (intimate personal, family or informal care relationship under the Act).
  • The respondent has committed DV against the aggrieved.
  • A PPD is necessary or desirable to protect the aggrieved from further DV.
  • None of the circumstances where a PPD must not be issued apply (see below).
  • It would not be more appropriate for an application for a protection order to be made to a court.

When issuing a PPD, the police officer must consider:

  • Any views or wishes expressed by the aggrieved about whether an application for a protection order should be made.
  • The domestic violence and criminal history of the respondent and aggrieved.

A PPD starts from when it is served on the respondent, or when a police officer tells the respondent about the PPD and its conditions.

PPD’s do not replace PPN’s or DVPO’s. PPD’s are a new way to protect victims without having to proceed to a court.

Where a PPD Must Not be Issued

PPDs cannot be issued where a police officer reasonably believes any of the following circumstances apply:

  • The respondent or aggrieved is a child, to ensure children have access to legal representation, and other benefits and supports provided by the court process.
  • The respondent or aggrieved is a police officer, to ensure DV matters involving police are not handled internally.
  • The respondent should be taken into custody in relation to the DV, ensuring the severity of the matter is acknowledged.
  • A DVPO or recognised interstate order relating to the parties is in force or has previously been in force.
  • A PPD against the respondent is in force or has previously been in force.
  • The respondent has been convicted of a DV offence within the previous 2 years.
  • A proceeding for a DV offence against the respondent has commenced but remains ongoing.
  • A proceeding for a DVPO has started but not been finalised.
  • The respondent has used, or threatened to use, an offensive weapon or instrument to commit DV.
  • There are indications that both persons in the relationship are in need of protection, and the person most in need of protection cannot be identified.
  • Other conditions (see above) are needed to protect a child of the aggrieved, or a child who usually lives with the aggrieved, from associated DV or being exposed to DV.

If a PPD names a child, or the conditions of a PPD would prevent or limit contact between the respondent and their child, the PPD cannot be issued where a police officer knows or reasonably believes:

  • A family law order relating to the child is in force.
  • A child protection order or care agreement relating to the child is in force.
  • A child protection or family law proceeding relating to the child has started but is not finalised.

Standard Conditions

Standard conditions of a PPD include that the respondent:

  • Must be of good behaviour toward the aggrieved and any named persons; and
  • Must not commit DV or associated DV against the aggrieved or named persons; and
  • Must not expose a named child to DV; and
  • Must not organise, encourage, ask, tell, force or engage another person to commit DV on their behalf.

 Other Conditions

Other conditions that may be included beyond the standard conditions include:

  • No-contact conditions that prohibit the respondent from contacting, approaching or attempting to locate the aggrieved.
  • Ouster conditions which can prevent access to certain locations.
  • Return conditions allowing the respondent to return to a place for a specific time to retrieve personal property, under supervision of police.
  • Cool-down conditions which can temporarily restrict access to certain locations and prevent the respondent from approaching or contacting the aggrieved for a certain period.

If a child is included in an order, and that order requires conditions other than standard conditions for protection, the matter must proceed to a court.

Reviewing a PPD

A PPD can be reviewed via a police review or a court review.

Police review

The respondent, aggrieved, a named person or a person authorised to represent can apply for a Police Review within 28 days of the issuance of a PPD. This period can be extended with the permission of the Police Commissioner.

A named person may only seek a review to remove their name from the PPD or change any condition(s) on the PPD that relate to the named person.

A court review may be applied for at any stage during the police review; this will immediately cease the police review.

A police review can have the following outcomes:

  • Confirmation of the PPD, meaning it will continue in force; or
  • Revocation of the PPD, meaning it will be taken to have never been issued and will not form part of the respondent’s DV or criminal history; or
  • Revocation of the PPD and the issuance of a new PPD that has different conditions or different named persons (but only if the respondent and the aggrieved are the same as the initial PPD); or
  • Revocation of the PPD and make an application for a protection order for the parties or issue a PPN; or
  • Revocation of the PPD and take other action under section 100 of the DFVP Act.

The Reviewing Officer will be a rank higher than the officer who approved the issuing of the PPD. The Reviewing Officer will either be a Senior Sergeant, Inspector or higher.

Police will engage with the parties to the PPD and seek their response regarding the application received for a Police Review to support the decision-making required by the officer.

Court Review

The respondent, the aggrieved or an authorised person for the aggrieved may apply to the Magistrates Court for a Court Review. A Court Review can be sought at any time while a PPD is in force. A named person cannot apply for a court review.

Once the PPD and grounds have been filed with the Magistrates court, the PPD itself is taken to be an application for a protection order.

Upon hearing the review, the court will consider the protective needs of the parties and whether a protection order is necessary or desirable at the time of the review. The duration of a protection order made by the court will be five years if no other period is stated by the Court.

Statutory Review

The legislative provisions for PPDs must be reviewed as soon as practicable after 1 January 2028

Our team are experts in domestic violence law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

History

Daniel’s Law is a piece of legislation brought in to force by the Crisafulli Government through the passing of the Community Protection and Public Child Sex Offender Register (Daniel’s Law) Act 2025.

Daniel’s Law was introduced to the Queensland Parliament on 27 August 2025 and received Royal Assent on 6 November 2025. The legislation fully commenced on 31 December 2025. Daniel’s law brought with it Queensland’s first public child sex offender registry.

The legislation was a result of more than two decades of lobbying by Bruce and Denise Morcombe following the death of their child, Daniel Morcombe, in 2003.

The Registry

Queenslanders will be able to access information on the public child sex offender registry through a three-tiered disclosure framework:

  • Tier 1: A public website listing reportable offenders who have breached obligations and whose whereabouts are unknown to police. The offenders full name, photograph and year of birth will be accessible by members of the public.
  • Tier 2: An online application for Queensland residents to view photographs of reportable offenders living in their local area.

Tier 2 includes offenders who:

    • Are repeat offenders;
    • Have lifetime reporting obligations under the  Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004;
    • Are under Dangerous Prisoners Sexual Offenders Act 2003 supervision;
    • Are considered by the Commissioner to pose a serious risk to children.
  • Tier 3: An online application for parents and guardians to confirm the offender status of a person who has had, or will have, unsupervised contact with their child.

Accessing the Registry

Tier 1: The public can access reportable offenders whose whereabouts are currently not known to police on the Daniel’s law website: Missing Reportable Offenders | Daniel’s Law

Tier 2: Individuals can access photos of serious and high-risk offenders who live in their area by submitting proof of Queensland residence, or their drivers license. Only facial images from within the applicant’s locality are shown. NOTE: names, addresses and person information regarding offenders is not disclosed.

Tier 3: To access Tier 3 information, parents must submit proof of guardianship and explain what unsupervised contact the nominated person has or may have had with a child or children.

Non-Disclosure

The public register will not enable the publication or disclosure of information:

  • About an offender who is under the age of 18 years, or who was under the age of 18 years at the time they committed a child sexual offence and has not reoffended or engaged in particular conduct as an adult;
  • About an offender who is a participant in a witness protection program; or
  • Where a court has prohibited identification of the offender or the disclosure or publication of personal information about the offender.

Safeguards to Prevent Misuse

Daniel’s Law brought with it several new offences with the purpose of preventing misuse and publication of information accessed by the public. The law introduces penalties of up to 10 years imprisonment for inciting violence or harassment using the register, and up to 3 years imprisonment for unauthorized disclosure of restricted information.

Human Rights

Daniel’s Law brings rise to several human rights concerns. Many are concerned that naming offenders publicly could violate a person’s right to privacy or indirectly expose victims. Daniel’s law reduces this risk by giving police discretion to withhold identifying information if it endangers victims.

Parliament passed Daniel’s Law utilising a direction under Section 43 of the Human Rights Act, allowing Parliament to explicitly declare that a law will operate despite being inconsistent with human rights protections.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Youth offending has become a key political issue in Queensland. In response to a perceived rise in youth crime, especially in regional areas, the government has introduced a raft of legislative amendments focused on tightening bail laws and increasing detention powers.

Bail Reversal and Electronic Monitoring

One major change is the reversal of the presumption of bail for serious repeat youth offenders. Under the Youth Justice Act 1992 (Qld), the burden now lies with the accused child to “show cause” why detention is not justified.

Further, the government has expanded the use of electronic monitoring devices for children as young as 15, and police have been given broader powers to breach children for minor bail infractions.

Criticism and Legal Implications

These reforms have been criticised by legal advocacy groups, including the Queensland Law Society and Youth Advocacy Centre who argue the changes undermine the principles of rehabilitation and have contributed to an increase in the number of children being held on remand.

Lawyers representing youths must be prepared to argue strongly in bail applications and be well-versed in the “show cause” provisions. Defence submissions need to focus on family support, lack of prior history, or alternatives to custody like bail support programs.

If your child or someone you know is facing charges, early legal advice is essential. Our firm regularly appears in Children’s Court matters and can help guide families through this complex system.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

The Queensland Sentencing Advisory Council has proposed a series of changes to the Penalties and Sentences Act 1992 (Qld) to address community concerns over lenient sentencing.

Proposed reforms include creating a new sentencing guideline specifically for domestic violence offences, introducing community impact statements, and improving transparency around non-parole periods.

Further, “good character” evidence is set to be limited as part of the reform of how sexual violence cases are sentenced.

Focus on Victim Impact and Community Expectations

The reforms are designed to better reflect the harm suffered by victims and give communities a greater voice in the justice process. This includes stronger provisions for victim submissions and proposals to broadcast certain sentencing hearings. Overly prescriptive guidelines could limit judicial discretion and result in harsher outcomes for disadvantaged defendants, including those with mental health issues or Indigenous backgrounds.

Legal Implication for Defendants

This may mean greater emphasis on pre-sentence material and proactive engagement with therapeutic or rehabilitative services. Character references and psychological reports will become increasingly relevant.

Defendants facing serious charges should be aware of potential legislative changes that may affect their sentencing outcomes.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Queensland’s Magistrates Courts are undergoing important reforms in an effort to improve accessibility, efficiency, and transparency. These courts handle the vast majority of criminal cases in the state and are often the first point of contact between the public and the justice system.

The Queensland Government recently announced increased funding for judicial resources, including the appointment of new magistrates across busy regional and metropolitan centres. This is intended to reduce the current backlog of cases and address delays that have plagued the system, especially since COVID-19.

Technology, Accessibility, and Specialist Courts

Among the most noteworthy updates is the expansion of digital services. More court appearances are now being conducted via video link, particularly for procedural mentions and bail applications. This minimises disruption for those in custody and improves regional access to legal proceedings.

The Magistrate’s Court has also expanded its range of specialist courts and diversion programs such as the Drug and Alcohol Court, Murri Court, and the Court Link program. These alternatives focus on addressing the underlying causes of offending and aim to reduce recidivism through rehabilitation rather than punishment.

Implications for Accused Persons

For those charged with offences, these reforms could mean faster resolution of cases and greater availability of support services during proceedings. Magistrates now have more discretion to tailor proceedings based on the nature of the offence and personal circumstances, such as mental health or addiction.

Defendants and their Lawyers must be increasingly prepared to engage with specialist courts and tailor submissions accordingly. Diversionary options may offer significant benefits, particularly in cases where jail time can be avoided in favour of treatment or community based orders.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Brooke Winter Solicitors
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