Case and comment : Rowe v Kemper [2008] QCA 175

[Extract] A public toilet seems an unlikely place for an event that would be later considered by the Queensland Court of Appeal (QCA). This is precisely the case in Rowe v Kemper [2008] QCA 175. In this case, the QCA was called on to consider the way police in that State exercise "move on" powers in public places. These powers are contained in the Police Powers and Responsibilities Act 2000 (Qld) (the Act). The decision is significant for two reasons: first, these powers are widely used in many jurisdictions, though it is rare for the appellate courts in this country to consider the scope and practical application of "minor" public order powers; secondly, these powers impact on the liberties and freedoms of individuals, and the limits of police authority