Andrew Hanlon, Author at Potts Lawyers

24 February

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Work Health and Safety Act Duties and Offences for Employers in Australia

in Andrew Hanlon, Criminal Law & Offences

Work Health and Safety Act Duties and Offences for Employers in Australia Employers across Australia have a legal responsibility to protect the health and safety of workers. Most business owners understand this at a general level. However, many do not realise how broad these duties are, who they apply to, and how severe the penalties can be for non-compliance. The Work Health and Safety Act (WHS Act) sets out strict obligations for employers, officers, workers, and others at the workplace. Importantly, breaches can lead to major fines, criminal charges, and even imprisonment. This guide explains the key WHS duties, offence categories, and the...

09 February

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Industrial Manslaughter in Queensland (Work Health and Safety Act): Offences, Penalties and Prosecutions

Posted by Andrew Hanlon

in Andrew Hanlon, Criminal Law & Offences, Uncategorised

Industrial Manslaughter in Queensland (Work Health and Safety Act): Offences, Penalties and Prosecutions Industrial Manslaughter in Queensland The charge of Industrial manslaughter is one of the most serious offences under Queensland workplace safety law. It was introduced to ensure that businesses and senior decision-makers can be held criminally responsible when workplace negligence results in the death of a worker. Part 2A of the Work Health and Safety Act 2011 (Qld), introduced in 2017, creates the offence of industrial manslaughter. This part of the Act is designed to allow certain people to be held criminally responsible when a worker dies, or is injured and...

10 September

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Dealing with Allegations of Sexual Assault & Misconduct

Posted by Andrew Hanlon

in Criminal Law & Offences

Sexual offences are some of the most common charges dealt with by the criminal courts in Queensland. A number of recent high-profile cases from around the country have highlighted some of the difficulties that can arise in attempting to defend charges of this nature. If you find yourself the subject of allegations of unlawful sexual conduct the steps you take, or don’t take, early on – even before you’ve received any contact from the police – can make a huge difference to the outcome of your matter. The following are some key pieces of general advice for anyone who has reason to...

24 April

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Child sexual offences – failing to take steps to stop offending by others

Posted by Andrew Hanlon

in Criminal Law & Offences

In recent years a great deal of attention has been focused on the role of organisations in preventing or enabling child sexual abuse. In particular, the Royal Commission into Institutional Responses to Child Sexual Abuse examined how institutions such as churches and schools had historically responded to offending of this nature within their organisations. The Royal Commission made a wide range of recommendations, many of which have since been adopted throughout Australia. In Queensland, one of the key recommendations of the Royal Commission that was adopted involved the creation of ‘Third party’ offences where people can be held criminally liable if...

25 March

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Tainted Property & Money Laundering

Posted by Andrew Hanlon

in Criminal Law & Offences

In Queensland there are a number of offences aimed at stopping people from possessing or using money or other property that has been acquired by, or from, the commission of a criminal offence. These include offences under Queensland state legislation as well as Commonwealth offences under federal legislation. What is tainted property? Tainted property is defined separately under a number of pieces of legislation in Queensland. In essence it includes: any property obtained from the commission of an offence; or any property obtained by converting or exchanging property obtained from the commission of an offence. For example, property that is stolen from a...

15 November

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Intoxication and Criminal Charges

Posted by Andrew Hanlon

in Criminal Law & Offences

Worried that a nasty hangover could be the least of your concerns after a big night? It is not uncommon for people to find themselves doing things they wouldn’t usually do as a result of being intoxicated. Unfortunately, this can sometimes result in people waking up with a significant legal headache to accompany their physical one. Everyone has heard someone utter the line ‘the rum/whiskey/tequila made me do it’ after an embarrassing episode at some point or other, but does this line hold up in court? Is being intoxicated a defence to a criminal charge? The short answer in Queensland is that this will...

06 April

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Do I have to give police access to my phone?

Posted by Andrew Hanlon

in Criminal Law & Offences

For many of us mobile phones have become an essential tool that we rely upon on a daily basis for tasks including storing information, keeping our schedules, providing us with directions, accessing the internet and allowing us to communicate with others via calls, messages and emails. For this reason, phones have increasingly become a common source of evidence for police investigating criminal matters. Our lawyers commonly receive questions from clients regarding in what circumstances police can require a person to allow access to their phone, just how far these powers stretch and what rights people have to refuse access. When can police...

Work Health and Safety Act Duties and Offences for Employers in Australia

Industrial Manslaughter in Queensland (Work Health and Safety Act): Offences, Penalties and Prosecutions

Dealing with Allegations of Sexual Assault & Misconduct

Child sexual offences – failing to take steps to stop offending by others

Tainted Property & Money Laundering

Intoxication and Criminal Charges

Do I have to give police access to my phone?

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Quick Confidential Enquiry

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Author: Andrew Hanlon

Work Health and Safety Act Duties and Offences for Employers in Australia

Industrial Manslaughter in Queensland (Work Health and Safety Act): Offences, Penalties and Prosecutions

Dealing with Allegations of Sexual Assault & Misconduct

Child sexual offences – failing to take steps to stop offending by others

Tainted Property & Money Laundering

Intoxication and Criminal Charges

Do I have to give police access to my phone?

Quick Links

Quick Confidential Enquiry

Contact Details