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Author: Chris Korbel

Potts Lawyers > Articles posted by Chris Korbel

What Does Misconduct in an Official Capacity Mean Under the Public Service Act?

When a public service employee is the subject of disciplinary action, a very common ground for disciplinary action under the Public Service Act 2008 (Qld) (‘Public Service Act’) is that the chief executive may discipline the employee if they are reasonably satisfied that the employee has been guilty of misconduct. This is often the first ground put forward by a government department or agency, and is usually followed by an alternative ground such as contravening, without reasonable excuse, a provision of the Public Service Act, or a relevant standard of conduct in a way that is sufficiently serious to warrant disciplinary...

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Public Servants and Corrupt Conduct

Public servants who are the subject of a workplace investigation may face allegations which are within the ambit of the Public Service Act 2008 (Qld). Sometimes, during the course of a workplace investigation, an allegation of corrupt conduct may be raised in which case a referral may be made to the Crime and Corruption Commission. On other occasions, a complaint may be made to the Crime and Corruption Commission in relation to conduct which may constitute corrupt conduct. In any case, allegations of corrupt conduct are ordinarily more complex than what they may appear on the surface. There are serious implications which...

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand

Being the subject of a complaint which is before the Chartered Accountants Australia and New Zealand (CA ANZ) would no doubt be stressful and daunting. This certainly would be worse if you are going through this process alone. Potts Lawyers regularly assists clients who may (or are) the subject of disciplinary action and our civil and criminal lawyers often work together to protect our client’s interests.  We aim to alleviate our client’s stresses by providing strategic, objective, and realistic advice. It is important to seek legal advice as early as possible and take proactive steps to determine your position. This is not...

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand: Case Conference and Referrals to the Disciplinary Tribunal

This article is a continuation of the previous article: Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand  If you have not reviewed that article we recommend that you view that article first before reading this article. This article discusses what may be involved at a case conference or a referral to the Disciplinary Tribunal. It discusses circumstances where the Chartered Accountants Australia and New Zealand (CA ANZ) have received a complaint about alleged breaches by a member of the CA ANZ, and the Professional Conduct Committee (PCC) have decided to convene a case conference or...

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Workplace Investigations and Responding to Allegations of Misconduct 

At face value, responding to allegations of misconduct may seem simple; you put forward your version of events and that’s it, right? Not exactly. This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as one might think. Reason 1 - Procedural Fairness A crucial requirement of any workplace investigation is generally that the subject of alleged misconduct must be afforded procedural fairness. Put simply, this means that sufficient and appropriate opportunities must be provided to the subject to respond, and all evidence which is being relied upon by the decision-maker ought to...

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To Show Cause or not Show Cause – Is that Really A Question?

By Chris Korbel The title of this article might be familiar to some or might be a vague memory of something that you have heard someone say once before in a Year 5 English class. If you can’t recall why the title seems familiar, the title of this article is a reference to William Shakespeare’s Hamlet. “To be or not to be, that is the question” is the first line of Prince Hamlet’s soliloquy in which the prince contemplates some very serious matters concerning life. Another way of putting those words is “to exist or not to exist, that is the...

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Disciplinary Matters: Common Health Service Complaints to the Office of the Health Ombudsman Queensland

The Health Ombudsman Act 2013 (Qld)(“the Act”) provides the Office of The Health Ombudsman (“OHO”) with statutory power to manage and deal with health service complaints. The Act provides OHO with a range of statutory powers to manage and deal with health service complaints. This can include requiring a subject of a health service complaint to provide submissions to OHO, performing its own investigation into the subject of a health service complaint, or commencing Court disciplinary proceedings against the subject of a health service complaint. Everyone and anyone can make a health service complaint to OHO about a health service practitioner or...

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Part I – The Requirements of Unfair Dismissal

When an employee is dismissed from their employment, an important consideration for the parties is determining whether the dismissal was unfair. Failing to consider this factor can lead to issues for an employer and may entitle the employee to compensation. There are particular circumstances where an employer is well within their right to dismiss a person from their employment, which is usually based on justified and well-established grounds for dismissal. In some cases, an employee is might have been dismissed on the basis of unsubstantiated allegations or inappropriate personal reasons. Whatever the circumstance, it is important to note that time limits apply to...

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Domain Name Disputes – An easy option?

The internet has provided a platform for businesses and individuals to gain greater access to a wider audience and market share by registering a domain name. Some of these businesses and individuals rely on their hard-earned and well-established goodwill to continue to operate.   Often domain name disputes arise because someone recognises another business or individual’s goodwill and decides to exploit the goodwill of another in order to obtain a commercial benefit. Other times, domain name disputes arise because a competitor has registered a domain name to disrupt another individual or business and is not necessarily seeking to obtain any commercial benefit...

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Medical Negligence and Vicarious Liability: Holding the State of Queensland Accountable

Masson v State of Queensland [2019] QCA 80 Losing a loved family member or friend or seeing them in a seriously disabled condition is devastating and can have long term psychological and financial repercussions. In cases where a person has died or suffered unnecessarily as a result of another person’s negligence, there is a possibility that significant compensation may flow from that event. Of course, money cannot take away the pain but it can help ease the financial and other burdens which can ruin the lives of surviving family members and friends. In some cases, there might be a perceived need to ensure...

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