Administrative Law Archives - Page 2 of 4

22 June

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QBCC Licence Applications and Fit and Proper Person Test

Who needs a QBCC Licence? In Queensland, individuals require licences to work in the building and construction industry. These licence applications are assessed by the Queensland Build and Construction Commission (“QBCC”). QBCC Licences are required for many trades, including but not limited to: Air handling duct installation Brick and segmental paving Bricklaying and blocklaying Builder (low rise, medium rise, open) Builder Restricted (shopfitting, structural landscaping, kitchen, bathroom, and laundry) Cabinet making Concreting Carpentry Fire Systems (Passive, water-based, and electrical based) Floor finishing and covering (hard sector) Foundation work (piling and anchors) Gasfitting Glass, glazing and aluminium Irrigation Joinery Mechanical Services (plumbing,...

16 June

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Crime and Corruption Commission

Posted by Jack Bendall

in Administrative Law

The Crime and Corruption Commission (CCC) has been prevalent in the news and media articles for some time now, particularly in the lead to the Commission of Inquiry held in relation to its structure, governing legislation and procedures, particularly as they related to the charging and prosecution of criminal offences. It is possible that changes could be made to the CCC’s governing legislation in the future. However, it is valuable to be aware of the organisation’s existing powers, how they may affect those brought before the CCC and why it is paramount that you seek legal advice immediately if contacted by...

13 April

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NDIS Commission Investigations and Banning Orders

Posted by Potts-Lawyers

in Administrative Law

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...

07 October

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Queensland Coroner Release Of Body Disputes And Competing Claims

Posted by Potts-Lawyers

in Administrative Law

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...

07 October

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

Posted by Potts-Lawyers

in Administrative Law

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...

07 October

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Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

Posted by Potts-Lawyers

in Administrative Law

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...

22 March

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

Posted by Chris Korbel

in Administrative Law

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...

22 March

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Public Servants and Corrupt Conduct

Posted by Chris Korbel

in Administrative Law

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...

06 September

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Guardianship and Administration Matters

Posted by Genevieve Bowen

in Administrative Law

A loved one has impaired capacity and did not make an Enduring Power of Attorney. Can I make personal or financial decisions on their behalf? Unfortunately, life can take unexpected turns at any moment, and we are not always prepared for what is to come. A person can lose their capacity suddenly, through accident or illness, leaving them unable to formally decide on who can make personal or financial decisions on their behalf. If you are worried that an adult person in your life has lost their capacity to make important decisions, and the person does not have a formal legal instrument...

03 August

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Real Estate Agent Licences in Queensland

Posted by Potts-Lawyers

in Administrative Law

Everything you need to know: QLD Real Estate Agent Licences Real estate agents who are facing criminal allegations or allegations of breaching the real estate legislation in the course of their practice of property agent work, should seek legal advice immediately from lawyers experienced in criminal law and in disciplinary law matters. Why use Potts Lawyers? Our Civil Litigation Lawyers are experienced at assisting real estate agents in Queensland who face having their licences suspended or cancelled, and also applicants whose licences have not been granted due to suitability matters. Existing licensees can have their licences cancelled due as a result of breaches of...

QBCC Licence Applications and Fit and Proper Person Test

Crime and Corruption Commission

NDIS Commission Investigations and Banning Orders

Queensland Coroner Release Of Body Disputes And Competing Claims

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

Suitability & Eligibility Requirements for obtaining your Rideshare Licence for Queensland

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

Public Servants and Corrupt Conduct

Guardianship and Administration Matters

Real Estate Agent Licences in Queensland

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