|ORDER:||The parties are to prepare minutes of orders in accordance with these reasons. I shall hear the parties as to costs.|
|CATCHWORDS:||CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – DISCRETION TO RECORD CONVICTION – where the applicant pleaded guilty to breaching the Workplace Health and Safety Act 1995 (Qld) – where the Industrial Magistrate ordered that no conviction be recorded – where the respondent published on its website details of the applicant’s plea and sentence – whether the website is a record‖ for the purpose of s 12(3)(b) – where s 12(3A) permits a record of a conviction to be kept by the department whether the web pages are excused by s 12(3A) where the respondent has published on its website details of the applicant’s plea and sentence – where the applicant seeks declaration and orders requiring the removal of that information from the web pages on the basis that it breaches s 12(3)(b) – whether the court should make such ordersThe applicant previously obtain a no conviction order pursuant to s 12 P&SA and sought a declaration for removal from the department’s public website of its particulars in relation to the plea of guilty.
Held, granting the declaration:
David Cormack – Brisbane Barrister