Sexual Offences Archives

08 January

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Daniel’s Law in Queensland: What Reportable Offenders Need to Know

In August 2025, the Crisafulli Government introduced Daniel’s Law Queensland, creating the state’s first public child sex offender register and significantly changing how reportable offenders are monitored and disclosed. Named in memory of Daniel Morcombe, the legislation amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 and introduces a new three-tier public disclosure system for reportable offenders. For anyone currently subject to reporting obligations, or who may become subject to them in the future, Daniel’s Law Queensland represents a major shift. It expands police powers, increases the circumstances in which personal information may be disclosed to the public,...

22 January

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Comprehensive Guide to Sexual Consent Laws in New South Wales

Posted by Potts-Lawyers

in Sexual Offences

Consent is the foundation of sexual offence laws in New South Wales (NSW), and aims to ensure that all sexual activities occur with the full and voluntary agreement of all parties. Recent reforms in NSW further clarify expectations around consent, highlighting the importance of explicit, ongoing communication and respect for autonomy. These updates, which came into effect in mid-2022 and continued with further refinement around early 2023, demonstrate a modern approach to consent, by parliament focusing on mutual respect, clear communication, and the need for active agreement. This article will explore NSW’s consent laws in detail, explaining what constitutes consent,...

10 September

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Dealing with Allegations of Sexual Assault & Misconduct

Posted by Andrew Hanlon

in Sexual 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...

19 July

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Using the Internet to Procure Children

Posted by Jack Bendall

in Sexual Offences

As a society our use of the internet has grown rapidly in a relatively short period of time. For the vast majority of us, it would be a miracle to go through one day without using the internet, whether that be for work, social media or a raft of other reasons. The increase in use of the internet has required that the law keep up with ways in which it may be used for a criminal purpose. This article provides a broad overview of the offence “using the internet to procure children under 16”. Here we will consider the elements of...

24 April

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

Posted by Andrew Hanlon

in Sexual 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...

14 February

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Consent and Sex – The Changing Laws in Queensland and What You Need to Know

Posted by Sabine Keenan

in Sexual Offences

What is changing? On 11 October 2023, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill (the Bill), which proposes a variety of amendments to the Criminal Code 1899 (the Code), was introduced to the Queensland Parliament. The Bill aims to change the definition of consent when engaging in sexual acts and the circumstances in which consent cannot be legally obtained. What is consent? Under current Queensland law, consent is defined as something “freely and voluntarily given by a person with the cognitive capacity to give the consent”. How is consent given? The law does not define how consent must be...

09 October

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Changes To Queensland Law Regarding The Publication (And Non-Publication) Of Names Of Defendants Charged With Sexual Offences

Posted by Mark Williams

in Sexual Offences

Introduction The Justice and Other Legislation Amendment Act 2023 is dramatically changing the law that applies to the publication of the names of people charged with certain types of sexual offences. The legislation will take effect from 3 October 2023. Section 7 of the Criminal Law (Sexual Offences) Act 1978, deals with the naming of individuals accused of “prescribed sexual offences”. The Queensland government is seeking to reshape the way the Court system deals with sexual allegations in a way that will affect both defendants and complainants. Under the changes, people accused of sexual offences will be publicly identified unless they are granted...

08 July

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What can I Expect if I Have Been in Possession of Child Exploitation Material (‘CEM’) in Queensland?

Posted by Colleen Battersby

in Sexual Offences

It is an offence in Queensland for a person to be in possession of Child Exploitation Material. Section 228D of the Queensland Criminal Code states that the maximum penalty for a person who knowingly possesses child exploitation material is 14 years imprisonment. What is Child Exploitation Material? Child Exploitation Material, referred to as ‘CEM’ is defined as material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years – (a) In a sexual context, including for example, engaging in a sexual...

12 May

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Rape Convictions Quashed Following Miscarriage of Justice

Posted by Billy Gee

in Sexual Offences

On the 18th of March 2022, the Supreme Court of Brisbane’s Court of Appeal division handed down a decision that effectively quashed two convictions of rape, and revealed an unsettling error of judgement that could have serious implications for court procedure and represents a failure of the justice system. While you may be aware of this recent development, what you may not know is that Potts Lawyers’ very own Sinead Campbell - Criminal Lawyer was at the helm, acting as solicitor for the appellant. Her outstanding work led to an order to quash two convictions of guilt that were reached through...

19 July

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New Offences related to the Reporting of and Protection from Child Sexual Offences

Posted by Lachlan O'Neill

in Sexual Offences

The Criminal Code (Child Sexual Offences Reform) and other Legislation Amendment Bill (2019) has sought to improve the responsiveness of the criminal justice system to Child Sexual Offending and victims of Child Sexual Offences by amending a range of legislation. Of particular note are two new offences introduced to the QLD Criminal Code, which have come into effect on the 5 July 2021. As a result of these offences: all adults, who gain information causing them to reasonably believe that a Child Sexual Offence is being or has been committed against a child, must report that sexual offending to the police...

Daniel’s Law in Queensland: What Reportable Offenders Need to Know

Comprehensive Guide to Sexual Consent Laws in New South Wales

Dealing with Allegations of Sexual Assault & Misconduct

Using the Internet to Procure Children

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

Consent and Sex – The Changing Laws in Queensland and What You Need to Know

Changes To Queensland Law Regarding The Publication (And Non-Publication) Of Names Of Defendants Charged With Sexual Offences

What can I Expect if I Have Been in Possession of Child Exploitation Material (‘CEM’) in Queensland?

Rape Convictions Quashed Following Miscarriage of Justice

New Offences related to the Reporting of and Protection from Child Sexual Offences

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