Zoe Rutherford

Senior Principal Lawyer

Zoe specialises in the conduct of matters pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 and proceedings under the Mental Health Act 2016.

Zoe graduated university with a Bachelor of Laws and Bachelor of Commerce in 2003 and was admitted as a solicitor of the Supreme of Court of Queensland the following year. She commenced her legal career with the Office of the Director of Public Prosecutions (ODPP) in 2005 where she gained considerable experience in criminal law over a five and half year period. While at ODPP, Zoe regularly appeared as an advocate in the Queensland Supreme, District and Magistrates Courts on behalf of the Director of Public Prosecutions undertaking committal proceedings, sentences for variety of offending, as well in the appellate jurisdiction pursuant to s222 of the Justices Act 1886. She also assisted in the preparation of policy reforms with respect to the committal process which arose from the 2008 Moynihan Review.

Zoe joined Crown Law in 2010, specialising in the provision of advice and litigation of matters on behalf of the Attorney-General, predominately relating to the Dangerous Prisoners (Sexual Offenders) Act 2003 and the Mental Health Act 2016.

As an advocacy specialist, Zoe regularly:

  • appears on behalf of the Attorney-General in the Mental Health Review Tribunal
  • provides comprehensive advice on and conducts of all stages of litigation relevant to applications pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 including advice on the prospects of success and recommendations arising from complex or difficult issues
  • analyses evidence and legal issues, including the identification of deficiencies in the evidence and formulation of a viable solution
  • peruses and interprets expert reports, particularly relating to risk assessment
  • communicates complex legal issues with various stakeholders, including counsel and other government and non-government departments
  • drafts all required court documentation, including affidavits, submissions and orders
  • instructs Counsel at hearings and provide clear and detailed instructions to effectively represent the Attorney-General.

Zoe has been involved in several significant and complex matters under the Dangerous Prisoners (Sexual Offenders) Act 2003 which includes the:

  • Preparation and conduct of an appeal on the issue of a judge making an order against a third party. The appeal was successful and established a precedent whereby orders under the Act can only be made between the Attorney-General and a prisoner.
  • Preparation and conduct of an appeal where the judge made the order imposing supervising functions beyond what is encapsulated by the Act. The appeal was successful and established a precedent whereby the function of supervision is vested in Corrective Services and cannot be delegated to a lay person.
  • Preparation and conduct of an application under the Act where the respondent’s serious mental health concerns needed to be balanced against the adequate protection of the community. The matter required the development of a viable transition pathway involving a multi-agency approach.