Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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The Legal Services Commission (LSC) Investigation & Disciplinary Process

The Legal Services Commission (LSC) Investigation & Disciplinary Process When a lawyer receives a letter from the Legal Services Commissioner about a complaint, it can raise all sorts of fears and anxiety about the process and how the complaint might be resolved. Practitioners should know that not every complaint received by the LSC is notified to the relevant practitioner.  A large proportion of complaints are determined to be not to be proper complaints for the Commission to investigate, for various reasons. For example, a client complaint about costs which does not raise conduct issues might not be notified. Although a practitioner might not...

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Preliminary Steps when Responding to an Queensland LSC Investigation Letter  

Preliminary Steps when Responding to an Queensland LSC Investigation Letter We have acted for many Queensland solicitors and barristers who have received a letter from the Legal Services Commissioner notifying of an investigation  of a complaint made about them and seeking a response. Do you need an extension to obtain advice and respond? Generally, the initial letter from the LSC advising of the investigation will set out allegations and will seek a response and explanation within a certain timeframe. It is important for practitioner not to feel rushed when responding, which may result in a substandard response. If the lawyer requires more time to obtain...

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NDIS Quality and Safeguards Commission – Banning Orders

NDIS Quality and Safeguards Commission – Banning Orders This article explains the mechanisms by which NDIS service providers and their employees might be prohibited from providing NDIS supports and services, or their provision of NDIS supports or services might be restricted. For example, a banning order may be made against an individual on the ground that he or she is believed not to be suitable to provide supports or services to people with disability because of a criminal conviction or misconduct. The banning might apply to specified activities and for specified time periods. The National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission...

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New Offences related to the Reporting of and Protection from Child Sexual Offences

The Criminal Code (Child Sexual Offences Reform) and other Legislation Amendment Bill (2019) has sought to improve the responsiveness of the criminal justice system to Child Sexual Offending and victims of Child Sexual Offences by amending a range of legislation. Of particular note are two new offences introduced to the QLD Criminal Code, which have come into effect on the 5 July 2021. As a result of these offences: all adults, who gain information causing them to reasonably believe that a Child Sexual Offence is being or has been committed against a child, must report that sexual offending to the police...

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Ashleigh DoRozario to discuss the need for an accessibility liaison in Queensland Courts with the Attorney-General

Potts Lawyers is pleased to announce that Ashleigh DoRozario, a fierce advocate in the disability awareness space, recently met with the Attorney-General, the Honourable Shannon Fentiman MP to discuss the need for an accessibility liaison in Queensland Courts. Ashleigh became aware that there was a gap in the Queensland Courts where solicitors, witnesses, jurors, clients and the like who have a disability felt they couldn’t properly engage with our court systems or judges to allow a ‘fair go’. There were challenges for those with disabilities to get in contact with the Judge or Magistrate to explain that their disability may require the...

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Trial scheme to enable youth offenders to have GPS trackers placed upon their ankles

Bill Potts comments on new government package deal which allows youth offenders to have GPS trackers placed upon their ankles. Full article available below: https://www.abc.net.au/news/2021-06-01/queensland-police-gps-trackers-emds-domestic-violence/100143678 The government recently announced as part of its package to deal with youth justice issues. A range of responses broadly issues related to bail, and to allow a trial scheme to enable youth offenders to have GPS trackers placed upon their ankles. This we were told would have the effect of preventing crime. It also was said that the public could be satisfied that the government was doing practical steps to protect the public from youth crime. The statistics...

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New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

The rules have changed. If you (or someone you know) has experienced a visa application refusal or has had their visa cancelled, and an Administrative Appeals Tribunal (“AAT”) review is available, this post has relevance to you. Immigration Assistance Section 276 of the Migration Act 1958 (the “Act”) provides for the definition of “Immigration Assistance”. The definition includes situations where a person uses their knowledge or experience of migration procedures to provide advice, and to prepare visa applications and visa cancellation review applications. Preparing materials for a review application with the AAT in relation to a visa application or visa cancellation matter and...

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A Visa Application Refusal and Visa Cancellation Matters

Changed decision-making requirements: Ministerial Direction #90 To help protect the Australian community, the Australian government refuses visa applications by non-citizens that have engaged in serious conduct. A visa holder could have their visa cancelled because they have engaged in criminal activity. If a visa application is refused or a visa cancelled, there can be huge ramifications for the individual involved. The non-citizen’s Australian family members too can experience repercussions. Children living in Australia are severely impacted if their parent or caregiver’s visa is cancelled, and they are subsequently removed from Australia. The decision to refuse a visa application or to cancel a visa...

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Potts Lawyers Recent News 2021

Welcome to Potts Lawyers Recent News. Where Bill Potts, our founding director provides you with the latest law commentary on contemporary and trending issues. We are here to help law students, those in the law profession and the general public with an insight into the latest law news around the nation. This month, Bill highlight's the growing concerns within the legal profession about the length of time that it is currently taking for trial listings in the Southport Courthouse.   Criminal lawyer weighs in on effectiveness of ankle bracelets The effectiveness of ankle bracelets is the topic of this interview with Luke Bradnam on...

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New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact

New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact By Tom Foran This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds will be made. The changes could impact upon non-citizens that have a criminal record and that have applied for a visa; those that have received a notification from the government that their visa might be cancelled; and those that have already had their visa cancelled and would like to get it back. If you have already made a response to the government about one of...

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