21 November

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Office of the Health Ombudsman Investigations and Requirement to Provide Information or Attend

The Health Ombudsman generally investigates complaints where a complaint has been made which may amount to professional misconduct or the subject of the complaint may pose a serious risk to persons. Receiving a letter from the Office of the Health Ombudsman (Health Ombudsman) stating that they are investigating a complaint is undoubtedly a stressful and concerning time for a health practitioner or health service organization. It can be equally problematic for people who are required to provide information or attend a meeting as required by the Health Ombudsman. We appreciate that being the subject of an investigation by the Health Ombudsman may...

20 November

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ABC News Interviews Bill Potts on the Costly Dangers of Defamatory Social Media Posts

Posted by Jason Papoutsis

in Litigation

The ABC has recently published an article in relation to a Queensland woman who was ordered to pay $279,000 in damages to a couple she defamed in a Facebook group. The matter was heard in the District Court in Townsville and the judgement was handed down on Friday 23 June 2023. The alleged post was only online for merely 90 minutes before it was taken down, and the publication alleged improper conduct towards a six-year-old child, and was ruled by Judge Coker as being “entirely improper, unjustifiable and lacking in bona fides where the defendant knew that the imputations contained within...

17 November

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Suspension of teaching registration or permission to teach by the Queensland College of Teachers because of a criminal charge or posing an unacceptable risk of harm to children.

Posted by Chris Korbel

in Litigation

Introduction The Queensland College of Teachers have powers under the Education (Queensland College of Teachers) Act 2005 (Qld) (the ‘Act’) to immediately suspend a person’s teaching registration or permission to teach. The Queensland College of Teachers must provide notice of the suspension to the teacher to comply with the Act, and usually means that the person will receive a letter by email and by post. The suspension takes effect on the day the notice is given to the teacher. As discussed below, in some cases, there may be concurrent criminal charges or the potential that a person has committed a criminal offence in connection...

05 September

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Civil Aviation Safety Authority and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel

in Litigation

Introduction The Civil Aviation Safety Authority regulates, among other things, holders of aviation licenses (such as the different types of pilot licences). The Civil Aviation Safety Authority has regulatory powers under numerous legislation and is considerably more complex than other areas of law. Holders of aviation licenses have disclosure obligations upon being convicted of an ‘aviation security relevant offence’. It is important that if you are a holder of an aviation licence you are not only aware of this obligation but that penalties may apply if you fail to comply with this obligation. This article will explore an aviation licence holder’s obligation to...

04 September

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Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel

in Litigation, Uncategorised

Introduction The Department of Home Affairs has a branch called ‘AusCheck’ which regulates and monitors the compliance of people who hold an Australian Security Identity Card. This is a complex and technical area of law as there are numerous pieces of legislation which apply. Persons who hold an Australian Security Identity Card have disclosure obligations to AusCheck upon being convicted of an ‘aviation security relevant offence.’ This article will explore an aviation licence holder’s obligation to disclose an aviation security-relevant offence to AusCheck of the Department of Home Affairs. Most holders of an Australian Security Identified Card also hold a licence with Civil...

30 August

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Yellow card – change in police information or risk assessment matter

Posted by Chris Korbel

in Litigation

Introduction If you hold a yellow card, you have obligations to disclose certain information to the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships (‘Department’). The Department is governed by the Disability Services Act 2006 (Qld) and other related legislation (‘Act’). This article will not discuss all the information that a person with a yellow card must disclose, and will only address a yellow card holder’s obligation to disclose a change in police information or risk assessment matter. If there is information that could be or is relevant to disclose to the Department in relation to a change of...

23 August

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Are you a fit and proper person to be admitted to the legal profession?

Posted by Chris Korbel

in Litigation

Introduction A person applying for admission to the legal profession must satisfy the court that they are a ‘fit and proper' person at the time of their admission, as part of the admission process, to be successfully admitted to the legal profession. Generally, whether an applicant is ‘fit and proper' depends on the particular circumstances and facts of each case. This article will provide an overview of the court's role in relation to an application for admission and provide a broad overview of an applicant's duty of candor to the court together with commentary concerning the outcome of a matter where an application...

22 August

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Academic Misconduct – The General Process

Posted by Chris Korbel

in Litigation

Introduction Facing allegations of academic misconduct is no doubt a stressful time for students. A finding of academic misconduct can not only adversely affect a student's grade or enrolment in a university but also their prospective registration to practice within a specific field or even future employment. If you find yourself in this position it is important that you take the allegation(s) with the utmost seriousness and seek assistance as soon as possible, preferably as soon as you become aware of the allegation(s). This article will provide a general overview of the process in relation to academic misconduct and highlight the importance of...

17 July

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Admission to the Legal Profession: What you should know

Posted by Chris Korbel

in Litigation

legal profession requirements potts lawyers

It certainly is an exciting time after completing university, completing your practical legal training (or supervised traineeship) and applying for admission as a legal practitioner. It is the culmination of years of hard work, constant learning and pursuit of excellence (and perhaps some late nights) which is a feat in itself. The last hurdle to overcome is to comply with the requirements of an application for admission as a legal practitioner, and to obtain the approval of the court. The Queensland Law Society provides ‘admission kits’ for both practical legal training students and supervised trainees. At the time of drafting this article, the...

07 July

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Recent Changes to Health Practitioner Regulation Laws

Posted by Jason Papoutsis

in Litigation

Introduction The Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2022 (Qld), was passed with amendment on 13 October 2022, which expands AHPRA’s functions and powers to regulate Australian health practitioners. According to AHPRA, the changes will be applied automatically in each state and territory – except in New South Wales and South Australia where those government will make a regulation to confirm the changes and in Western Australia where a corresponding amendment Bill will go through the WA parliamentary process. Overall, more than 800,000 health practitioners will be affected by the new changes to the legislation. What are the Changes?...

Office of the Health Ombudsman Investigations and Requirement to Provide Information or Attend

ABC News Interviews Bill Potts on the Costly Dangers of Defamatory Social Media Posts

Suspension of teaching registration or permission to teach by the Queensland College of Teachers because of a criminal charge or posing an unacceptable risk of harm to children.

Civil Aviation Safety Authority and Disclosure of an Aviation Security Relevant Offence

Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

Yellow card – change in police information or risk assessment matter

Are you a fit and proper person to be admitted to the legal profession?

Academic Misconduct – The General Process

Admission to the Legal Profession: What you should know

Recent Changes to Health Practitioner Regulation Laws

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