Following the allegations last week from two women who came forward alleging that they were sexually assaulted by a former federal government advisor, a third woman has today come forward. The first to come forward was Brittany Higgins, who last week alleged that she was raped by the staff member in March 2019 in the office of then-defence minister Linda Reynolds. The second woman, who wants to remain anonymous, was also a former Liberal staffer and has alleged that she was raped by the same staff member l in 2020 following the two having dinner and drinks together.
The third woman to come forward has alleged that she was sexually assaulted in 2016 by the same staff member while she was volunteering for the Coalition’s 2016 election campaign. The third woman has also identified that she wishes to remain anonymous but has signed a statutory declaration in support of her claims. She alleges that the incident occurred after a night of drinking with the former advisor.
The allegations bring to light a shocking pattern of behaviour that is alleged to have occurred since at least 2016. While the man accused of the allegations has been sacked days after Miss Higgins came forward, it would appear to be too little too late for the victims of these alleged crimes. The woman have said that if the previous complaints had been dealt with appropriately then the future incidents would likely not have occurred.
What are your thoughts on the accountability measures in place within workplaces for assault claims?
If you have any questions about this article or any other topic of law please call our team of experts on 1300 066 669.
Do you recognise these faces?
In 1998 the Gold Coast Bulletin ran a competition which allowed Gold Coasters to enter a picture of their child to be painted on the wall along the M1.
Many Gold Coasters drive past these faces daily along the M1 to and from work. The mural depicts 178 Gold Coast children and has been on the side of the Gold Coast Highway for 21 years. Unfortunately a number of children have passed away since the mural was created. The family of two and a half year old Christopher de Boer who passed away in 1982 has said it has been “quite wonderful to see him shining there for all this time, but we know it’s the end”.
The mural has been demolished to make way for the $218.5 million dollar expansion. Due to the age and state of decay of the large mural the Department of Main Roads and Transport indicated it was not feasible to preserve or relocate the artwork.
The children’s faces from the mural will be in a book called The Children of the Freeway, by Gold Coast photographer Maleika Halpin.
The Department has not ruled out new artwork upon completion of the upgrades.
Do you think it’s important to create a new mural along the M1?
Queensland Premier Annastacia Palaszczuk has announced that an independent Coercive Control Taskforce will be formed by the Government in order to investigate the possibility of making coercive control a crime, meaning criminal convictions and penalties would apply. The Premier has indicated that the taskforce would be chaired by Justice Margaret McMurdo, a former president of the Queensland Court of Appeal and head of the Lawyer X royal commission. The compilation of the taskforce is due to be completed by next month and will report back to the government in October.
The decision comes one year after Brisbane mum Hannah Clarke and her three children were murdered by her estranged husband. Hannah’s family have been calling for coercive control to be made a crime to prevent future families facing the tragedy they have endured.
Coercive control is a form of non-physical violence that can be a precursor to physical violence in murder according to experts. It can be behaviour such as controlling who someone sees, limiting access to money, tracking someone’s location, and controlling what someone wears.
Do you think Coercive Control should be made a crime?
If you have a question about the law call our team of experts at Brooke Winter Solicitors on 1300 066 669.
24-year-old Brittany Higgins was a month into her role as a media adviser for Defence Minister Linda Reynolds when she says she was sexually assaulted in Senator Reynolds’ office by a co-worker after a night out with colleagues. She says she had to choose between her job or reporting the incident to police.
She was found the following morning by security in a state of undress, within an office with highly classified information. This was considered a serious security breach and at the time Senator Reynolds’ office did not believe that the incident was a potential sexual assault. The alleged incident occurred just week before the 2019 election was called.
Since, the Senator has been publicly shamed for making her young adviser attend a meeting in the office that the assault occurred in just days earlier. A government spokeswoman says that Senator Reynolds has now accepted that this was a mistake.
Ms Higgins Liberal co-worker who perpetrated the alleged assault resigned immediately when approached about the security breach. Within days the incident was reported to the Australian Federal Police, but no formal complaint was made by Ms Higgins in order to protect the Liberal party and keep her “dream job”.
Miss Higgins said during the meeting Senator Reynolds expressed that, “’(She) felt physically ill,’ All that sort of thing. And then it kind of turned to, ‘As women, this is something we go through’”.
“She said, ‘If you choose to go to the police, we will support you in that process, but we just need to know ahead of time. We need to know now’… She didn’t know me. I was just this sudden problem for her. That’s what it felt like.”
Unfortunately, the incident is not at all remarkable but perhaps by taking a stand, this young woman can drive a change in work culture.
Should there be further safeguards to protect individuals who fall victim to sexual assault in the workplace?
If you have any questions about the law call our experts Brooke Winter Solicitors on 1300 066 669.
‘PROVEN TO FAIL’
‘WORSE THAN A BAND-AID SOLUTION’
This how Youth Justice Advocates are describing the new Youth Justice Reforms.
Annastacia Palaszczuk’ has been applauded for cracking down on youth crime after the devastating tragedies in Queensland over the last month.
“The community expects us to do more and that is exactly what we will do,” is the declaration Ms Palaszczuk made to reporters this week.
However, those who actually work in the area of Youth Justice say, the reforms will do very little in reducing the offending.
“These kids didn’t get to commit these sorts of offences out of nowhere — there’s a long history”
“The children committing these crimes were victims themselves of horrific trauma from prior sexual or physical abuse, neglect, or having been exposed to family violence”
“These are characteristic of nearly all of these serious repeat offenders, they’ve all been badly damaged in their upbringing”
Who is helping our kids?
Professor Ross Homel, from Griffith University, has been teaching and researching criminology and criminal justice for 30 years. He has seen very little change.
“The same failures of the system still existed because policy creation refused to address why disadvantaged children were sucked into a life of crime, with government reaction too easily seduced by a tough-on-crime approach”.
“We’ve got to introduce programs in community or detention centres which look at the psychological factors that are influencing their behaviour.”
Our office appears in the Children’s Court of Queensland every week. We work closely alongside the Department of Youth Justice.
If you have a youth criminal related question or want further information:
www.brookewintersolicitors.com.au
Call us on 1300 066 669.
Queensland Premier, Annastacia Palaszczuk, is introducing state wide tough new measures in youth justice in response to the high number of youth crime. The Premier reported that 48 per cent of the youth crime in Queensland is committed by 10 per cent of criminals. The measures are aimed at young offenders that are repeat offenders and are a high risk to the safety of the community.
Following the public outcry from three recent deaths in the State that are allegedly related to youth crime, Ms Palaszczuk has introduced seven changes. She noted that there has been a significant impact of teen crime in the state, which has resulted in heartbreaking losses. Four of the new measures are specifically in relation to bail, with the other three measures aiming to assist police in the prevention of crime. The measures are being trialled in an effort to crack down on the number of youth crime and to deter young offenders.
The measures being introduced are:
- Creating a presumption against bail for repeat offenders, meaning they will need to provide reasons why they should be allowed bail rather than the prosecution proving why they should not.
- Courts being able to issue GPS trackers to be fitted to high risk offenders aged 16 and 17 across various regions including the Gold Coast, Logan, North Brisbane, Moreton and Townsville.
- Requirement for assurances to be sought from parents and guardians to ensure that offenders will adhere to their bail conditions
- Providing further assistance to the court by strengthening existing bail laws
- Police are able to hold metal detecting wands to target knife crime especially on parts of the Gold Coast, including Surfers Paradise
- Anti-hooning laws will be strengthened so the registered owner of a vehicle can be deemed responsible for offences, an exemption will allow for if the car was stolen or they can identify another driver.
- A Parliamentary inquiry will be established to look into whether remote engine immobilisers should also be implemented in Queensland.
The Premier has confirmed that a Youth Crime Taskforce has been established to work to implement these new measures.
Mick Gooda, a former royal commissioner in youth justice, has criticised the new measures calling them a “knee-jerk” reaction. He and other youth justice advocates have said that the measures will fail to reduce rates and push more children to end up incarcerated. While he has said he does support calls from the community to see action on youth crime and to hold young offenders accountable for their actions. Mr Gooda has also said, “You’re not going to punish kids into doing the right thing.” He suggests that support services being available outside of the 9:00am to 5:00pm time frame for at risk youth would provide a more sustainable outcome.
What are your thoughts on the new measures the Government has introduced?
Youth Crime has always been a problem for the community. Are these proposed changes fair and reasonable? Should more be done to protect our community?
If you have a question about law and order in Queensland call our expert team at Brooke Winter Solicitors 1300 066 669.
Saving Lives or Revenue Creating
NSW: The decision to remove the warning signs for mobile speed cameras in NSW has been met with a slew of controversy, being called both a “disgrace” and “absurd”.
Previously warning signs had to be placed 250m ahead of a mobile speed camera and 50m after. The number of hours the cameras operate has also tripled and the cars containing the cameras have also been made to look like regular cars parked along the side of the road. Now NSW drivers speed past these cameras unwittingly far more often.
While there is a large group of the community disappointed with the change, the laws have been implemented with the intention to save lives. The Monash University Accident Research Centre estimated that by instating the changes between 34 and 43 lives could be saved per year as well as approximately 600 serious motor vehicle related injuries.
Wagga Wagga-based Nationals MLC Wes Fang has been an intolerant critic, arguing the new rules wrongly target regional motorists and are about increasing State revenue.
Monthly fines have increased by a factor of six (6), with a record high of almost $2.5 Million in December of 2020, compared to the under $400,000 for the same month in 2019. The money from the fines is reinvested directly back into the Community Road Safety Fund.
Should the other States and Territories follow suit and remove speed camera warnings in order to save lives?
If you have a traffic related question or want further information
A Brisbane couple was arrested late last week after police carried out raids across various properties in the Greater Brisbane Area. Police allegedly uncovered drugs and recordings of sexual acts at these properties.
Matthew James Markcrow and his girlfriend Crystal Marie Sawyer appeared in Brisbane Arrests Court on 5 February to face the charges. Mr Markcrow faces 10 charges, including of unlawful prostitution, making recordings that breach privacy and contravening an order about electronic information. There is also a Commonwealth charge concerning him conducting a business involving sexual servitude under the age of 18 between March and August in 2019.
Ms Sawyer has been charged with two counts of contravening an order about electronic information and one count of conducting unlawful prostitution. She is currently out on bail, despite various police submissions that suggested she “exerted control” over the women and concerns that she may continue running the business whilst her boyfriend is in custody.
The women kept by the couple were aged between 17 and 24, each drugged, branded with tattoos and used in the couples prostitution business.
Mr Markcrow has been remanded in custody on a return to prison warrant and will be before the court again on February 24.
Police received a tip off late last year. The investigation is still on going.
Do you think Ms Sawyer should have been awarded bail?
As of February 1st you are now able to purchase low dose CBD Oil in pharmacies over the counter Australia wide. The product will only be available in doses of no more than 150 milligrams per day and will only be sold to adults. The cannabis derived product is a part of medical marijuana therapy which is used to treat particular health issues, including pain, insomnia and anxiety. The chemical compound is a naturally occurring substance which is extracted from marijuana plants. It does not offer users a high like THC does, and the World Health Organisation found in a review that it doesn’t lead to drug abuse or dependence.
Adults will no longer require a prescription, referral or special approval to purchase the oil. While it is now available it will not likely be in stock for around six months, as no manufacturers have currently had a product approved for sale yet. Manufacturers are working hard to get products approved for sale following the change, most of which will be in the form of an oil. The products are intended to be able to be taken orally but adults. Anything products that are designed for vaping or topical cream products will still require a prescription from a doctor in order to obtain them.
The Therapeutic Goods Administration (TGA) approved the sale however the Australian Medical Association continues to oppose the decision, in line with their opposition to the proposal before it was approved.
What are your thoughts on medical marijuana being available over the counter? Is this a step in the right direction for the Australian medical community?
The Gold Coast rental market is frantic as vacancy rates drop, currently sitting below 1 per cent. The rental market is extremely competitive with supply for renters becoming increasingly difficult. In the Southern suburbs vacancy rates have dropped to 0.3 per cent in December 2020. Rental prices between $500 to $750 per week have immense competition with line ups in open houses and offers above the asking price.
Metricon Queensland have reported a 400 per cent increase in interstate inquiries for new homes being build.
With new estates being built in areas such as Coomera and Pimpama experts are unsure if it will force renters to move further from the Coast, or to purchase instead of rent.
What are your thoughts, have you been trying to find a rental with little to no success?
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