Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 77C

77C Particular acts of consorting to be disregarded

(1) In a proceeding against a person for an offence against section 77B (1) , the following acts of consorting must be disregarded if the consorting was reasonable in the circumstances—

(a) consorting with a recognised offender who is a close family member of the person;

(b) consorting with a recognised offender while the person is—

(i) genuinely conducting a lawful business or genuinely engaging in lawful employment or a lawful occupation; or

(ii) genuinely receiving education or training at an educational institution; or

(iii) genuinely obtaining education or training at an educational institution for a dependent child of the person; or

(iv) receiving a health service; or

(v) obtaining a health service for a dependent child of the person; or

(vi) obtaining legal services; or

(vii) complying with a court order; or

(viii) being detained in lawful custody.

(2) Proof that the consorting was reasonable in the circumstances lies on the person.

(3) For subsection (1) , it is not reasonable for a person to consort with a recognised offender if the purpose (or 1 of the purposes) of the consorting is related to criminal activity.

(4) In this section—

"Australian Association of Social Workers" means Australian Association of Social Workers Ltd ACN 008 576 010.

"Australian Register of Counsellors and Psychotherapists" means Australian Register of Counsellors and Psychotherapists Pty Ltd ACN 110 047 197.

"child" includes stepchild.

"close family member" , of a person—

(a) means—

(i) a spouse of the person; or

(ii) someone with whom the person shares parental responsibility for a child; or

(iii) a parent or step-parent of the person; or

(iv) a child of the person; or

(v) a grandparent or step-grandparent of the person; or

(vi) a grandchild or step-grandchild of the person; or

(vii) a brother, sister, stepbrother or stepsister of the person; or

(viii) an aunt or uncle of the person; or

(ix) a niece or nephew of the person; or

(x) a first cousin of the person; or

(xi) a brother-in-law, sister-in-law, parent-in-law, son-in-law or daughter-in-law of the person; and

(b) includes—

(i) for an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a person mentioned in paragraph (a) ; and

(ii) for a Torres Strait Islander—a person who, under Island custom, is regarded as a person mentioned in paragraph (a) .

"dependent child" , of a person, means a child of the person who is dependent on the person for support.

"educational institution" means—

(a) an approved education and care service under the Education and Care Services National Law (Queensland) ; or

(b) a State educational institution or non-State school under the Education (General Provisions) Act 2006 ; or

(c) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) ; or

(d) a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) .

"health service" means a service for managing a person’s physical or mental health, including drug and alcohol counselling, that is provided by—

(a) a registered health practitioner or student under the Health Practitioner Regulation National Law (Queensland) ; or

(b) a counsellor or psychotherapist registered with the Australian Register of Counsellors and Psychotherapists; or

(c) a social worker registered with the Australian Association of Social Workers.

"legal services" means legal services within the meaning of the Legal Profession Act 2007 that are provided by an Australian legal practitioner within the meaning of that Act.