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Author: Potts-Lawyers

Potts Lawyers > Articles posted by Potts-Lawyers (Page 8)

I am an engineer or aspiring engineer charged with a criminal offence. What are the consequences and do I have to disclose this?

Who does this apply to? In Queensland, engineers who practise in virtually every area of engineering are subject to the Professional Engineers Act 2002 (Qld). Engineers practising outside Queensland are not subject to this legislation; however similar legislation may exist in other states and territories. We are also able to assist interstate engineers; however this article is solely for those practising in Queensland.   Am I eligible to register as a professional engineer? Do I need to disclose my charges or convictions? The Board of Professional Engineers of Queensland must be satisfied you are fit to practise as a registered professional engineer prior to accepting...

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I am a health practitioner charged with a drink driving offence. Do I have to notify AHPRA or my national board?

Unfortunately, there is no fixed answer to this question. The reason is because the Health Practitioner Regulation National Law (“National Law”) makes it mandatory for a disclosure to be made if you have been charged with an offence punishable by 12 months or more of imprisonment; or convicted of any offence punishable by any term of imprisonment (even if no imprisonment was actually imposed). The maximum penalty for drink driving offences varies based on a number of factors. These include your blood alcohol concentration, previous drink driving or related convictions, the length of time since previous convictions, the type of license...

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Consequences of a criminal charge on health practitioners or aspiring health practitioners

What types of Health Practitioners does this apply to? Health practitioners, including chiropractors, dentists, doctors, nurses, medical radiation practitioners, midwives, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists, and psychologists are subject to the Health Practitioner Regulation National Law (“National Law”), which applies in each state and territory across Australia. The National Law sets out the general standards each of these practitioners must abide by, as well as outlining the process through which they may be registered under the relevant board. I am applying for registration as a health practitioner? What do I need to do? Section 52(1)(c) of the National Law sets out that...

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Expansion of Court and Police Powers in Relation to Public Safety

The amendments passed by the Queensland Parliament in the Serious and Organised Crime Legislation Amendment Act 2016 (Qld) relating to the Peace and Good Behaviour Act 1982 (Qld) have now commenced, increasing police powers and expanding the types of orders that the courts can make. This article will cover 3 types of orders. We note that each order is subject to its own separate rules, hence if you are subject to another type of an order not covered, you should contact our lawyers as the procedures you should follow could differ substantially. Public Safety Orders Public safety orders are orders which prohibit a person or group from...

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Potts Lawyers Awarded as a Leading Criminal Law Firm

Potts Lawyers Awarded as a Leading Criminal Law Firm by Doyle’s Guide 2016. Managing director, Rob Franklin is pleased to announce that Potts Lawyers has again been recognised by the prestigious Doyle’s Guide as a “first tier” leading criminal law firm in Queensland. Members of our team have been recognised variously as leading and recommended lawyers in their field.   It is heartening to see that amongst the total of 26 criminal lawyers listed for Queensland, more than a quarter have spent several years working in our criminal law practice. The Doyle’s Guide recognises top Queensland Criminal Lawyers who have been identified by clients and peers for their expertise...

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Potts says new anti-bikie laws are a step forward – but not without problems

The Queensland Law Society has applauded the Palaszczuk Labor Government for dispatching the LNP’s flawed and unworkable VLAD anti-bikie laws to the dustbin of history. However, Society president Bill Potts said the new Serious and Organised Crime Legislation Amendment Bill had its own inherent shortcomings and problems – but was a marked step forward from the previous legislation. “QLS is delighted the government has repealed the Newman LNP Government’s controversial Vicious Lawless Association Disestablishment Association Act – which was the subject of considerable criticism among the legal profession,” he said. “The Society has always strongly advocated for evidence-based legislation and policy. “We have always...

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Appointment of Queenslander as nation’s first female High Court Chief Justice a worthy and inspired choice

Queensland Law Society has praised the Federal Government for its appointment of esteemed jurist Susan Kiefel as the nation’s first female High Court Chief Justice. President Bill Potts said the appointment was a just and warranted recognition for the tireless leadership and contribution Justice Kiefel had made to the judiciary since her appointment to Queensland’s Supreme Court in 1993. “Justice Kiefel’s appointment is most welcome and the decision to appoint her is probably the easiest one Prime Minister Turnbull will have to make during his tenure; Her Honour is clearly the best person for the job,” Mr Potts said. “She is not only...

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Bill Potts Comments On Baden-Clay Conviction Downgrade

Bill Potts, President elect of the Queensland Law Society 2016 comments on the Court Of Appeals decision to downgrade Gerard Baden-Clay conviction of murder to manslaughter. Potts explains how the court came to their decision and says that many legal experts aren’t surprise by the downgrade. He says the public should have confidence in the legal system and said the decision made by the three Court of Appeal judges, including Chief Justice Catherine Holmes, is the right decision according to Law. The Court of Appeal after looking at all of the evidence was perfectly satisfied that the jury got it right. That is – that...

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Man Jailed For Unprovoked Attack Over Note On Door

A NEIGHBOUR just wanting peace and quiet was assaulted for his troubles. And one of the men involved was jailed for his unprovoked attack. The 46-year-old mine worker had left a note on a neighbour’s door explaining that his partner was ill and that he was on nightshift. About 4.45pm on May 30 this year several people, including Andergrove resident Christos Panagakos, knocked on the victim’s door holding the note asking what it was all about, the Mackay Magistrates Court was told. Panagakos ripped the security screen door from its hinges, stepped forward and punched the man in his head several times, prosecutor Sheena...

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