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Author: Jason Papoutsis

Potts Lawyers > Articles posted by Jason Papoutsis (Page 2)

NDIS Commission Investigations and Banning Orders

ndis commission investigation potts lawyers

What is the NDIS Commission?   The NDIS Quality and Safeguards Commission also referred to as the NDIS Commission, is an independent commission which was established on 1 July 2018, to improve the quality and safety of services funded by the “National Disability Insurance Scheme”. The NDIS Commission exists as part of a federal agreement between the Australian Government and states and territory governments, named the “NDIS Quality and Safeguarding Framework”. The NDIS Commission’s role is to: manage complaints about NDIS providers; improve the quality and safety of NDIS supports and services; regulate NDIS service providers and workers; lead education, capacity building and development...

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Anti-Discrimination Law Reform on the Horizon in Queensland

anti discrimination law queensland potts lawyers

QHRC Review Report The Queensland Human Rights Commission (QHRC) has concluded its review of Queensland’s 30 year old legislation, the Anti-Discrimination Act 1991 (Qld).  The review involved wide ranging consultations with more than 120 stakeholders, 4 public consultations, and 6 roundtables. The report, titled “Building belonging: Review of Queensland's Anti-Discrimination Act 1991”, was tabled in parliament on 1 September 2022, and includes 46 recommendations to strengthen and clarify discrimination laws in Queensland. According to the QLS, the Commissioner of the QHRC, Mr Scott McDougall, identified the following aims of the recommendations within the report: Eliminating discrimination by introducing a new Act with objects...

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Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

2 goats locking horns over civil ligitation dispute

Introduction In the modern world, disputes arise in a wide variety of ways, whether in your personal life or in the course of running a business.   At the heart of every dispute is a disagreement or argument with respect to one or more issues between parties. A majority of the disputes which we encounter in everyday life resolve on their own, and without legal intervention.   However, in many cases, parties to a dispute are not able to resolve the dispute amongst themselves, and the dispute remains unresolved. An unresolved dispute may strain the relationship between the parties.  Even worse, an unresolved dispute may...

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Queensland Coroner Release Of Body Disputes And Competing Claims

Wooden sign reading coroners court

Introduction to Release Orders and Competing Claims In Queensland, the timely release of a deceased person’s body for burial or cremation is prioritised by the State Coroner to minimise any distress which may be caused to family members. Accordingly, since these matters are expedited, family members are often only given a few days to provide submissions to the coroner if there is a competing claim for the release of the body. Potts Lawyers has assisted many clients in competing claims for the release of the body of a family member.  This usually occurs in circumstances where the deceased died intestate (without a...

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New Strict Guidelines Imposed by QPS for Weapons Licensing – How to Appeal a Weapons License Refusal

QLD firearms license image

Introduction In Queensland, and all other states and territories in Australia, a person must have a Weapons Licence (also referred to as a firearms licence in other jurisdictions) to possess and use a firearm.   In each jurisdiction within Australia, a person must demonstrate a “genuine reason” for holding a Weapons Licence, and all firearms must be registered by serial number to the licenced owner. In the wake of mass shootings and increased firearms related deaths in other countries, such as the United States, these restrictive firearms regulations seem sensible and are required to ensure public safety. In Queensland, the Queensland Police Service...

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Workcover Claims Against Uninsured Employers

unsinsured employers potts lawyers

What are an Employer’s Responsibilities in Queensland with respect to health and safety?   Generally, in Queensland, employers and business owners have a legal responsibility known as the primary duty of care in the Work Health and Safety Act 2011. To meet your duty of care, you must: provide a safe work environment; ensure safe use, handling and storage of machinery, structures and substances; make sure your facilities are well-maintained and at an acceptable standard; give your workers any information, training, instruction or supervision needed for safety; keep an eye on the health of workers and conditions at your place of work; ...

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University Investigations involving Allegations of Misconduct or a Breach of the Student Code of Conduct

Code of Conduct

Introduction Students who face allegations of misconduct with their educational institutions, are increasingly engaging lawyers to obtain advice in defending those allegations. This article explores the many reasons why students are entrusting lawyers to assist them in these situations. Obviously, a finding of misconduct could have an adverse impact on your ability to complete your degree or certificate since the disciplinary action may include suspension or even expulsion from the University.  In the case of expulsion, some credits may not be transferrable or the student may be required to move to a different region to complete there studies at another university. These consequences can...

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What To Do When A Notification Has Been Made To AHPRA About Your Conduct As A Health Practitioner

What are notifications under the National Law? A notification made to the Australian Health Practitioner Regulation Authority (AHPRA) against a health practitioner is an expression of concern about the health practitioner’s conduct or fitness to practice.   A notification is usually made by members of the public, or in some cases health practitioners are required to make mandatory notifications in specific circumstances. A notification may result in an investigation by AHPRA, which could lead to a finding that the practitioner has engaged in conduct which is unsatisfactory, unprofessional, or in the most serious instance, misconduct.  In these cases, the health practitioner who is...

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Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

What licence do I need to work in the rideshare industry? Individuals looking to work as drivers in the transport and rideshare industry (such as Taxis, Uber, Lyft, Ola, Didi, Bolt, and GoCatch, etc) are required to hold; A current Australian open drivers licence or alternatively a restricted drivers licence issued under section 87 of the TORUM; and A “Passenger Transport Driver Authorisation” from the Department of Transport and Main Roads (“TMR”). A Passenger Transport Driver Authorisation (known simply as a “Driver Authorisation”) is an approval that forms part of a regulatory system by which the TMR decides who is suitable to...

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New Code of Conduct for Registered Migration Agents coming into effect 1 March 2022

By Jason Papoutsis - Litigation Lawyer A new Code of Conduct for registered migration agents has been prescribed by the Migration  (Migration Agents Code of Conduct) Regulations 2021​ (the “new Code”).  The new Code takes effect on 1 March 2022. The Department of Home Affairs has recommended that all registered migration agents familiarise themselves with the new code to determine whether their business practices need to be changed to comply with the new Code. Registered migration agents can be disciplined or can have their registrations suspended or cancelled for failing to comply with the Code. Any registered migration agent who is accused of contravening...

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