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Disciplinary Law

Potts Lawyers > Disciplinary Law

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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Disciplinary Matters: Common Health Service Complaints to the Office of the Health Ombudsman Queensland

The Health Ombudsman Act 2013 (Qld)(“the Act”) provides the Office of The Health Ombudsman (“OHO”) with statutory power to manage and deal with health service complaints. The Act provides OHO with a range of statutory powers to manage and deal with health service complaints. This can include requiring a subject of a health service complaint to provide submissions to OHO, performing its own investigation into the subject of a health service complaint, or commencing Court disciplinary proceedings against the subject of a health service complaint. Everyone and anyone can make a health service complaint to OHO about a health service practitioner or...

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Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

The topical question of how a criminal conviction affects our client’s visa is a regular and common question for our team at Potts Lawyers. As in most areas of law, the answer will always depend on your individual circumstance and factors that are given weight by the courts. If your criminal matter has migration aspects, our Criminal team will refer your matter to our in-house registered migration agents to ensure your matter is promptly addressed. If you have received a Notice of Cancellation you are an unlawful non-citizen and should urgently seek legal advice. If you have received a Notice of...

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

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...

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Queensland Ambulance Service Paramedics and Paramedicine Students Now Regulated by AHPRA

Important information for all Queensland paramedics and paramedicine Students As the national regulation of paramedicine is approaching its final stages, Queensland paramedics should know that they must be registered with the Australian Health Practitioner Regulation Agency (AHPRA) by 1 December 2018 in order to practice paramedicine. Once registered, a paramedic’s registration will then be recognised in all states and territories in Australia.   All paramedics should check AHPRA’s website to see if the need to register with AHPRA, as some exceptions apply.   Suitability Requirements for Paramedics   All practicing paramedics and paramedicine students should familiarise themselves with not only AHPRA’s national registration and accreditation scheme and its...

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Can criminal charges affect my sporting career?

Introduction In addition to penalties imposed at sentencing, a criminal charge can have a substantial impact on your life. Sometimes, simply being charged with a criminal offence could have you disciplined by your club or the sporting body you are affiliated with. As Queensland’s largest private criminal defence firm, Potts Lawyers are entrusted by amateur and elite athletes to protect their interests not only on the criminal front, but also to ensure minimal impact to their careers. We understand that athletes are given an exemplary amount of media attention, but you won’t find our lawyers going out of their way to jump in...

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I am an architect or aspiring architect convicted of a criminal offence. What are the consequences and do I have to disclose this?

Who does this apply to? In Queensland, architects are subject to the Architects Act 2002 (Qld). Architects practicing 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 architects; however this article is solely for those practicing, or seeking to practice in Queensland.   Am I eligible to register as an architect? Do I need to disclose my charges or convictions? The Board of Architects of Queensland must be satisfied you are fit to practice as an architect prior to accepting the registration. In determining fitness, the Board may have...

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What are the consequences of a criminal charge or conviction on a teacher or aspiring teacher?

Who does this apply to? This article applies to all existing and aspiring teachers in Queensland. Registration to the Queensland College of Teachers is mandatory and regulated by the Education (Queensland College of Teachers) Act 2005 (Qld) (“the Act”). The law in other jurisdictions in Australia may differ, and hence this article is applicable only to those within Queensland. If you are interstate, we are still able to assist you, and have experience in a variety of jurisdictions. We encourage you to contact our office. If you are an early childhood teacher, registration with the College of Teachers may not be compulsory for...

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What does ‘no conviction recorded’ really mean in Queensland?

Article by Cameron Browne Having a criminal conviction on your record can have a prolonged and profound impact on your life that extends far beyond the punishment imposed by a court during a sentence. It can, in some circumstances, be used adversely against you in terms of employment, travel, loans, rental applications, and more. In some cases, it may not matter what the offence was, and having any criminal history whatsoever could result in an automatic denial or potential loss of opportunity. For this reason, it is in your best interests that you seek a conviction not be recorded, even if you...

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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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