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Disciplinary Law

Potts Lawyers > Disciplinary Law (Page 2)

Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand

Being the subject of a complaint which is before the Chartered Accountants Australia and New Zealand (CA ANZ) would no doubt be stressful and daunting. This certainly would be worse if you are going through this process alone. Potts Lawyers regularly assists clients who may (or are) the subject of disciplinary action and our civil and criminal lawyers often work together to protect our client’s interests.  We aim to alleviate our client’s stresses by providing strategic, objective, and realistic advice. It is important to seek legal advice as early as possible and take proactive steps to determine your position. This is not...

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Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand: Case Conference and Referrals to the Disciplinary Tribunal

This article is a continuation of the previous article: Responding to a Complaint Against a Member of the Chartered Accountants Australia and New Zealand  If you have not reviewed that article we recommend that you view that article first before reading this article. This article discusses what may be involved at a case conference or a referral to the Disciplinary Tribunal. It discusses circumstances where the Chartered Accountants Australia and New Zealand (CA ANZ) have received a complaint about alleged breaches by a member of the CA ANZ, and the Professional Conduct Committee (PCC) have decided to convene a case conference or...

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The Legal Services Commission (LSC) Investigation & Disciplinary Process

The Legal Services Commission (LSC) When a lawyer receives a letter from the Legal Services Commissioner about a complaint, it can raise all sorts of fears and anxiety about the process and how the complaint might be resolved. Practitioners should know that not every complaint received by the LSC is notified to the relevant practitioner.  A large proportion of complaints are determined to be not to be proper complaints for the Commission to investigate, for various reasons. For example, a client complaint about costs which does not raise conduct issues might not be notified. Although a practitioner might not appreciate it at the...

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AHPRA Disciplinary Matters for Health Practitioners

Why choose Potts Lawyers for AHPRA Matters? Potts team of experienced Civil Litigation Lawyers are highly experienced at assisting health practitioners across Australia who face allegations of impairments or conduct which may amount to unsatisfactory professional performance, unprofessional conduct, and professional misconduct. Get your free 20 minute consultation today. AHPRA Disciplinary Matters for Health Practitioners Health practitioners being investigated for these matters can face immediate action which prevents them from practising, and at the conclusion of those investigations, health practitioners can be subjected to conditions, suspensions, or even have their registration cancelled altogether.  Obviously, this type of action taken against a health practitioner can...

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Preliminary Steps when Responding to an Queensland LSC Investigation Letter  

Our Disciplinary law experts have acted for many Queensland solicitors and barristers who have received a letter from the Legal Services Commissioner notifying of an investigation of a complaint made about them and seeking a response. Do you need an extension to obtain advice and respond? Generally, the initial letter from the LSC advising of the investigation will set out allegations and will seek a response and explanation within a certain timeframe. It is important for practitioner not to feel rushed when responding, which may result in a substandard response. If the lawyer requires more time to obtain advice and consider their position, they...

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Disciplinary Matters for Queensland Teachers

Teachers who are subject to investigations by the QCT should urgently seek legal advice from civil ligitation lawyers experienced in this area of law so that appropriate steps can be taken to protect their registration throughout the course of the investigation. Potts Lawyers is experienced at assisting teachers in Queensland with a wide variety of disciplinary matters and have assisted teachers in avoiding serious findings and sanctions which could lead to onerous conditions on their registration or even completely prevent them from teaching. Disciplinary Matters for Queensland Teachers Teachers in Queensland are mainly regulated by the Education (Queensland College of Teachers) Act 2005...

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Enhanced Enforcement & Deterrence Regulations for Queensland Engineers

The New Regulatory Regime Comes Into Effect on 1 March 2021 The Board of Professional Engineers Queensland (BPEQ) has been protecting the public and setting the standards for engineers in Queensland for almost a century. But soon, the BPEQ will have enhanced investigative and enforcement powers, bringing it up to speed with many other regulatory bodies in Queensland and Australia. It is anticipated that the strengthening of the regulatory regime will lead to audits, investigations, and possibly also disciplinary action and criminal charges against engineers and the firms who employ them.   Who is affected by the changes? Approximately 16,000 engineers registered in Queensland will be...

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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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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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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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