Administrative Law Archives - Page 3 of 4

21 July

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NDIS Quality and Safeguards Commission – Banning Orders

This article explains the mechanisms by which NDIS service providers and their employees might be prohibited from providing NDIS supports and services, or their provision of NDIS supports or services might be restricted. For example, a banning order may be made against an individual on the ground that he or she is believed not to be suitable to provide supports or services to people with disability because of a criminal conviction or misconduct. The banning might apply to specified activities and for specified time periods. The National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission (‘the Commissioner’) was founded on the 13th...

04 March

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

Posted by Chris Korbel

in Administrative Law

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...

12 February

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Responding to Show Cause Letters

Posted by Potts-Lawyers

in Administrative Law

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. This applies to people who are both guilty and innocent of the conduct alleged. This article discusses the purpose of show cause letters, the common forms of show cause letters, and why legal advice is so important to ensuring you attain a successful outcome. What is a Show Cause Letter? A show cause letter (also known as a show cause notice), is a letter sent to a person which provides them with an opportunity to respond to an allegation mounted against...

01 September

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Blue card “No Card, No Start”: New Changes To the Blue Card System

Posted by Potts-Lawyers

in Administrative Law

Blue Card “No Card, No Start” in Queensland On 31 August 2020, changes were made to the Blue Card system which all Blue Card applicants and Blue Card holders should be aware of. The “No Card, No Start” law The Blue Card system now states that applicants will be unable to work or volunteer in a position which requires a blue card until their application is approved. Previously, applicants were permitted to begin work which requires a Blue Card whilst their application was being processed. New Rules for Blue Card Expiring The new rules also state that if you do not renew your blue card...

01 May

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Easing of COVID-19 restrictions in QLD as of 2nd May 2020

Posted by Danielle Hanson

in Administrative Law

THE COVID-19 RESTRICTIONS THAT ARE BEING EASED IN QUEENSLAND AS OF 2 MAY 2020 Restrictions have now been in place as to when we can and cannot leave home for several weeks now. We have seen a promising decline in the amount of new cases of the coronavirus over the last couple of weeks, and the Queensland Government have responded by announcing an ease in the restrictions on movement in Queensland. As of 2 May 2020, you will have more opportunities to leave your home and go outside for enjoyment. We have summarised the updated Home Confinement, Movement and Gathering Direction below. Bear...

25 March

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Corona Virus – Police powers to enforce lockdowns and isolation directives

Posted by Mark Williams

in Administrative Law

Corona Virus - COVID-19 - Offence provisions and police powers to enforce lockdowns and isolation directives The Corona virus or COVID-19 has changed the way in which we know life now and is likely to continue to change our lives into the future. We hear on the news or in press conferences about directives being issued. Directives to avoid mass gatherings, to self-isolate and requiring social distancing. We are told that if people disobey such directives, then they can be fined and even imprisoned. Potts Lawyers have outline all the ‘must know ‘information in regard to police powers and rights with lockdowns, isolation...

23 January

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Impact of Human Rights Act on Criminal Matters in QLD

Posted by Adam Moschella

in Administrative Law

Adam Moschella - Criminal Lawyer at Potts Lawyers is a member of the Queensland Law Society Human Rights and Public Law Committee. In this article, he draws attention to the potential impact on criminal law matters of the recent introduction of human rights laws in Queensland. Brief History of the Human Rights Act in Australia On 1 January 2020 the Human Rights Act 2019 came into force in Queensland. This makes our state one of only three jurisdictions in Australia to enact specific human rights legislation. The other jurisdiction being the Australian Capital Territory and Victoria. The main objects of the Act are...

09 April

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An Overview of the Human Rights Act 2019: The rights you probably didn’t know you have

Posted by Chris Korbel

in Administrative Law

On February 27, 2019 Queensland Parliament passed the Human Rights Bill 2018. The Human Rights Bill 2018 introduces the Human Rights Act 2019 (the Act) into Queensland legislation. Some provisions of the Act are due to operate from 1 July 2019 with the remaining provisions due to operate on 1 January 2020. Queensland is the third state or territory to enact human rights legislation after Victoria and Australian Capital Territory. This monumental occasion affords greater protection for Queenslanders as a whole, but particularly certain disadvantaged Queenslanders who previously did not have access to much needed protection. 23 Fundamental Human Rights The Bill will...

18 December

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Real estate professionals charged with a criminal offence. What are the consequences and do you have to disclose this?

Posted by Craig DoRozario

in Administrative Law

Article by Craig DoRozario Who does this apply to? In Queensland, all practising real estate agents, auctioneers and resident letting agents (eg most on-site managers for bodies corporate) must hold relevant licences and comply with the rules set out under the Property Occupations Act 2014 (Qld) (“the Act”). Real estate agents in Northern New South Wales and other parts of Australia are not subject to this Act, however similar legislation may exist in other states and territories. While we are able to assist real estate agents outside of Queensland, this article applies only to those who are currently practising, or wish to...

06 April

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Increased Police Powers During Commonwealth Games: How They Will Affect Your Rights

Posted by Cameron Browne

in Administrative Law

Increased Police Powers during Commonwealth Games: How they will affect your rights During the Commonwealth Games period, police across the Gold Coast, Brisbane, Townsville and Cairns are afforded extended powers for the purpose of ensuring public safety. However, as acknowledged by the Queensland Law Society and the Queensland Council for Civil Liberties, these extended powers can also have negative impacts on residents of Queensland and visitors to the state. Duration The extended powers apply between 10 March 2018 and 18 April 2018. Some locations may have the extended powers applying for a shorter time during this period. Protective Security Zones (PSZs) The extended powers apply in...

NDIS Quality and Safeguards Commission – Banning Orders

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

Responding to Show Cause Letters

Blue card “No Card, No Start”: New Changes To the Blue Card System

Easing of COVID-19 restrictions in QLD as of 2nd May 2020

Corona Virus – Police powers to enforce lockdowns and isolation directives

Impact of Human Rights Act on Criminal Matters in QLD

An Overview of the Human Rights Act 2019: The rights you probably didn’t know you have

Real estate professionals charged with a criminal offence. What are the consequences and do you have to disclose this?

Increased Police Powers During Commonwealth Games: How They Will Affect Your Rights

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