Administrative Law Archives

26 February

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Common Questions About the Queensland Civil and Administrative Tribunal (QCAT)

QCAT Disputes: How the Queensland Civil and Administrative Tribunal Works If you live or work in Queensland, you have likely heard people mention the Queensland Civil and Administrative Tribunal, commonly known as QCAT. Friends, colleagues, neighbours, and even your local barista may have referred to QCAT when talking about disputes, tenancy issues, or consumer complaints. This often leads to the same questions: What is QCAT and how does it work? What types of disputes does QCAT hear? Do I need a lawyer for a QCAT matter? Can a lawyer represent me at QCAT? This article answers the most common questions about the Queensland...

20 January

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Section 82/84 Witness Hearing Applications

Posted by Potts-Lawyers

in Administrative Law

Requesting Cross-Examination in New South Wales Committal Hearings Under Section 82 of the Criminal Procedure Act 1986 (CPA), defendants in New South Wales have the right to request that certain witnesses attend court to give oral evidence during committal proceedings. This right, though not absolute, exists to ensure that justice is served by allowing the defendant to scrutinise witness testimony before trial. In practice, this process is intended to guarantee that all parties gain a clear and comprehensive understanding of the case, enabling a fair trial. Before a “Section 82 application” is made, the defence must first approach the prosecution, often by sending a...

18 January

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Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Posted by Potts-Lawyers

in Administrative Law

The powers granted to police officers play a crucial role in maintaining public safety and enforcing the law. However, discussions surrounding the extent of police authority, particularly concerning search procedures, have highlighted the ongoing need to balance effective law enforcement with the protection of civil liberties. In New South Wales (NSW), recent debates and legal developments have focused on how police powers are exercised, the safeguards in place to ensure accountability, and the implications for both the public and law enforcement. Police Search Powers Under NSW Law The Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) provides the legal framework for police powers in NSW,...

25 May

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Workplace Health and Safety Queensland Investigations – What you need to know

Posted by Potts-Lawyers

in Administrative Law

Introduction The Workplace Health and Safety Queensland (‘WHSQ’) is the regulator in Queensland responsible for monitoring compliance with the Work Health and Safety laws, including the Work Health and Safety Act 2011 (Qld) (the ‘Act’) and conducting investigations into incidents that occur at workplaces in Queensland. After an incident occurs at a workplace, particularly an incident involving death, serious injury or illness or certain kinds of danger, there is a strong possibility that WHSQ will conduct an investigation at the workplace. The WHSQ appoint inspectors who have wide range of powers to conduct an investigation, ranging from making an unannounced visit at a...

18 May

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Reconsideration of Eligibility for a Blue Card

Posted by Chris Korbel

in Administrative Law

This article will briefly discuss a blue card holder’s obligation to notify Blue Card Services of a change in police information and important things to consider should the person receive a letter from Blue Card Services advising them that their eligibility to hold a blue card is being reconsidered and inviting the person to provide Blue Card Services with submissions and any supporting materials. This article is general in nature and should not be construed as legal advice. It is important that if you have received a letter from Blue Card Services requesting you to provide submissions and any supporting material...

15 May

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Received a show cause notice from the NDIS about your NDIS worker screening clearance? Here is what you should know

Posted by Chris Korbel

in Administrative Law

This article will discuss the general contents of a show cause notice and the reasons why engaging a lawyer who is experienced in this area of law should enhance their chances at either successfully obtaining or maintaining a NDIS worker screening clearance. If you have received a show cause letter, it is important that you obtain legal advice and assistance with responding to the allegations against you. What's NDIS worker screening clearance? Holding a valid NDIS worker screening clearance is a requirement for various occupations that deliver NDIS support or services to people with disabilities. Common jobs which require a valid NDIS worker screening clearance include: ...

23 January

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What to do if you are served a Statutory Notice to Attend an Interview or Produce Documents or Information

Posted by Potts-Lawyers

in Administrative Law

Introduction A growing number of regulatory agencies in Queensland and Australia have statutory powers to compel a person to produce documents or attend an interview. First and foremost, failing to comply with these notices may amount to an offence. It is therefore important to obtain legal advice if you are served with this type of notice. Depending on the enabling legislation, there may be an exemption to having to comply with that notice, for example, if a person has a ‘reasonable excuse’, or for any other reason stated in that legislation. Before a person decides whether or not they will comply with the notice...

30 August

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Yellow card – change in police information or risk assessment matter

Posted by Chris Korbel

in Administrative Law

Introduction If you hold a yellow card, you have obligations to disclose certain information to the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships (‘Department’). The Department is governed by the Disability Services Act 2006 (Qld) and other related legislation (‘Act’). This article will not discuss all the information that a person with a yellow card must disclose, and will only address a yellow card holder’s obligation to disclose a change in police information or risk assessment matter. If there is information that could be or is relevant to disclose to the Department in relation to a change of...

22 August

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Academic Misconduct – The General Process

Posted by Chris Korbel

in Administrative Law

Introduction Facing allegations of academic misconduct is no doubt a stressful time for students. A finding of academic misconduct can not only adversely affect a student's grade or enrolment in a university but also their prospective registration to practice within a specific field or even future employment. If you find yourself in this position it is important that you take the allegation(s) with the utmost seriousness and seek assistance as soon as possible, preferably as soon as you become aware of the allegation(s). This article will provide a general overview of the process in relation to academic misconduct and highlight the importance of...

17 July

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Admission to the Legal Profession: What you should know

Posted by Chris Korbel

in Administrative Law

It certainly is an exciting time after completing university, completing your practical legal training (or supervised traineeship) and applying for admission as a legal practitioner. It is the culmination of years of hard work, constant learning and pursuit of excellence (and perhaps some late nights) which is a feat in itself. The last hurdle to overcome is to comply with the requirements of an application for admission as a legal practitioner, and to obtain the approval of the court. The Queensland Law Society provides ‘admission kits’ for both practical legal training students and supervised trainees. At the time of drafting this article, the...

Common Questions About the Queensland Civil and Administrative Tribunal (QCAT)

Section 82/84 Witness Hearing Applications

Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Workplace Health and Safety Queensland Investigations – What you need to know

Reconsideration of Eligibility for a Blue Card

Received a show cause notice from the NDIS about your NDIS worker screening clearance? Here is what you should know

What to do if you are served a Statutory Notice to Attend an Interview or Produce Documents or Information

Yellow card – change in police information or risk assessment matter

Academic Misconduct – The General Process

Admission to the Legal Profession: What you should know

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