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Potts Lawyers > Litigation

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

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...

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Reconsideration of Eligibility for a Blue Card

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...

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

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: ...

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The Risks Inherent to Litigation, and How to Avoid Protracted Litigious Proceedings

By Jason Papoutsis What is Litigation? Litigation is the process of resolving legal disputes through the court system. Litigation can be initiated by either an individual or a corporation and involves the parties presenting their cases in a formal legal proceeding. Litigation typically involves the preparation of pleadings, the discovery of evidence, motion practice, and the presentation of evidence in court. The ultimate goal of litigation is to resolve the dispute and to obtain a judgment or verdict that is legally binding on the parties. Litigation can be a complex, time-consuming, and expensive process, and it is often advisable to consider alternative dispute...

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Workplace Investigations for Serious Misconduct

By: Jason Papoutsis    Workplace Investigations Generally A workplace investigation for misconduct refers to a process where an employer or an appointed third party investigates allegations of improper, unethical, or illegal behaviour by an employee in the workplace. The purpose of the investigation is to determine whether the misconduct took place, the extent of the misconduct, and who was responsible. This information is then used to make informed decisions about appropriate disciplinary action or other remedial measures. The alleged misconduct being investigated can range from harassment, discrimination, theft, fraud, and other forms of unethical behaviour. Misconduct can also involve allegations of failing to abide by the...

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

By Jason Papoutsis 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...

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What Every Professional Needs to know About Occupational Disciplinary Law

What is Occupational Disciplinary Law? Occupational disciplinary law refers to the legal framework that governs the disciplinary actions that can be taken against workers in a specific occupation or industry. This framework typically outlines the standards of conduct expected of workers, the procedures for investigating allegations of misconduct, and the possible consequences for violations, such as suspension, termination, or revocation of a license. Occupational disciplinary law may also include provisions for procedural fairness, such as the right to respond to an allegation, the right to a hearing, and the right to review that decision in a Tribunal.   How is Occupational Disciplinary Law different...

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The role of the Briginshaw Principle in Workplace Investigations involving Serious Misconduct

What is the Briginshaw principle? The Briginshaw principle derives from Briginshaw v Briginshaw (1938) 60 CLR 336, which is an important case in the development of the common law, and it established several key principles that continue to be applied in many legal contexts, including workplace investigations. The Briginshaw principle does not change the standard of proof in workplace investigations but rather guides the decision-making process in assessing the evidence. Generally, the Briginshaw principle holds that when determining whether an allegation of misconduct is proved, the decision-maker must take into account the seriousness of the consequences of the finding, the seriousness of...

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I’ve received a letter from an insurance company seeking to recover money from me because someone was injured in a motor vehicle accident. What do I do?

Your heart drops. You’ve received a letter from an insurance company or their lawyers seeking to recover money from you, and you don’t know what to do or how to feel. In our experience, it is not unusual for clients to be beside themselves and have many loaded questions, particularly if the motor accident happened a long time ago. If you’re in this situation and you’re reading this article, the first step is to simply breathe and compose yourself. The next step is to read the contents of this article below and call our firm to discuss the legal aspects of your...

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Department of Education – Show Cause Notice Before Prohibition Notice

Introduction In Queensland, the Department of Education (the ‘Department’) is the regulatory authority that can investigate suspected non-compliance with the Education and Care Services National Law (Queensland) 2013 Act (the ‘Act’) and the Education and Care Services National Law (Queensland) Regulations 2011. The Department has a wide range of powers under the Act and Regulations to take action against individuals or companies that are regulated by these laws. If a person receives a show cause notice from the Department in relation to a prohibition notice, usually this could also mean that there will be further correspondence (if not already received) from other regulatory...

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