Administrative Law

Unfortunately, workplace accidents happen, and can include the serious injury or death of employees.  At Potts Lawyers we have acted for parties involved in numerous workplace incidents and fatalities.

Workplace Health and Safety Queensland will investigate the place where a serious incident has occurred, interview staff, and delve into the company’s training and processes to see whether correct policies and procedures were followed.

WPH&S will sometimes refer their investigations to police for prosecution or refer the matter to the coroner’s office so that a coronial inquest can be considered.

In what is already a likely traumatic experience, we assist our clients through the investigation process with a view to protecting their interests, liaising with their insurers and dealing with the legal implications arising from the accident.  In the event that a prosecution is commenced, we act for our clients and provide advice regarding defence strategy and consideration of an early plea.

If you are a QBCC license holder and receive a Show Cause Notice from the QBCC it is important to obtain immediate legal advice about how to respond.  Failure to make the appropriate legal submissions at the outset of the investigation could be detrimental to your case.

We have successfully advocated for clients facing prosecution by the QBCC in QCAT, which ultimately led to our clients retaining their license and livelihood.

We have acted for many clients who have been served with show cause notices from the local council authorities and other government authorities.  These show cause notices may be issued for a variety of reasons, but are generally sent out by the council due to a complaint from a disgruntled party such as a neighbour or a community group.

We assist clients by liaising with the relevant governing body, drafting submissions and sometimes negotiating acceptable outcomes.  We regularly engage experts to advance our clients’ position.

Just because you have received a show cause notice from a government authority does not mean the notice is justified.

In many circumstances, we have been able to avoid costly litigation or the issuing of enforcement notices, by making compelling legal submissions or by negotiating a fair and just outcome.

Persons are required to hold a Blue Card if working with children or the youth.  The Blue Card system is such that it ensures the safety of children, by making sure adults in their company are fit and proper persons.

Sometimes, an individual’s Blue Card may be reviewed in circumstances where they face criminal charges unrelated to children.  In some instances, a person may be automatically disqualified from holding a Blue Card in light of a criminal conviction.  However, situations may arise where allegations have been made, or charges are being investigated, requiring a review of the persons Blue Card status.

This review may be brought about by the Blue Card holder’s reporting obligations, renewal of the Blue Card, or by notification from Blue Card Services as to an investigation, suspension or cancellation of the Blue Card.

We have encountered many situations where, despite the notification obligations and investigation, the individual is ultimately eligible to continue holding a Blue Card and work with children.  Firstly however, the person is required to satisfy Blue Card Services of their eligibility to continue working with children in light of the allegations against them.

Our litigation team at Potts Lawyers is highly experienced in making the appropriate notification, providing submissions and tendering supporting evidence to Blue Card Services on behalf of our clients, with a view to confirming their eligibility to continue working with children and retaining their Blue Card.

If you have concerns regarding allegations brought against you and the effect it may have on your ability to retain your Blue Card, or are notified by Blue Card Services of a pending investigation, contact the Potts Lawyers’ litigation team today.