07 July

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Recent Changes to Health Practitioner Regulation Laws

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?...

03 July

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Consequences of breaching professional boundaries as a health practitioner

Posted by Chris Korbel

in Litigation

Introduction Every health practitioner who is registered with the Australian Health Practitioner’s Agency (‘AHPRA’) are also governed by the board of their respective profession. For example, the Psychology Board of Australia governs psychologists. Each of these boards has its own standards, including ethical standards and code of conduct requirements for health practitioners. Some bodies share the same code of conduct with each other, whilst others have their own code of conduct. A commonality with the codes of conduct across all the bodies which govern the health professions is the concept of ‘professional boundaries’. This article will provide a general overview of what happens...

30 June

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QUEENSLAND POLICE SERVICES NOW CANCELLING MORE FIREARMS LICENCES THAN EVER BEFORE

Posted by Jason Papoutsis

in Litigation

Recent Changes to QPS Weapons Licensing Unit Guidelines Since the introduction of new guidelines for the issuing of firearms in Queensland, Potts Lawyers has received a substantial increase in enquiries concerning: The cancellation of existing weapons licences; and The refusal of new weapons licence applications. Why is the QPS Weapons Licensing Unit Taking this Approach? In early 2021, the QPS adopted guidelines which results in automatic cancellation or rejection of firearms licences and applications, respectively. We wrote an article on this topic last year which can be located here: https://pottslawyers.com.au/blog/2022/10/07/strict-guidelines-by-qps-for-weapons-licensing-appeal-weapons-license-refusal/ The guidelines appear to be a response to a report published by the...

26 June

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Case Study – Jurisdictional Objection to an Unfair Dismissal Case

Posted by Chris Korbel

in Litigation

We previously successfully acted for an employer who was served with an unfair dismissal application. The applicant was self-represented. In our client’s submissions we raised jurisdictional objections on the basis that: the applicant had not satisfied the minimum employment period in the context of a small business employer as required under the Fair Work Act 2009 (Cth); and our client was a small business who had complied with the Small Business Fair Dismissal Code. It was submitted in our client’s submissions that by reason of the jurisdictional objections raised, the applicant was not entitled to protection from unfair dismissal under the Fair...

22 June

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QBCC Licence Applications and Fit and Proper Person Test

Posted by Jason Papoutsis

in Litigation

QBCC Licence Applications and Fit and Proper Person Test By Jason Papoutsis Who needs a QBCC Licence? In Queensland, individuals require licences to work in the building and construction industry. These licence applications are assessed by the Queensland Build and Construction Commission (“QBCC”). QBCC Licences are required for many trades, including but not limited to: Air handling duct installation Brick and segmental paving Bricklaying and blocklaying Builder (low rise, medium rise, open) Builder Restricted (shopfitting, structural landscaping, kitchen, bathroom, and laundry) Cabinet making Concreting Carpentry Fire Systems (Passive, water-based, and electrical based) Floor finishing and covering (hard sector) Foundation work (piling and...

19 June

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Case Study – Residential Tenancy Disputes

Posted by Chris Korbel

in Litigation

We previously successfully acted for clients who were involved in a residential tenancy dispute. The Situation Our clients were renting a luxurious property on the Gold Coast and were having communication issues with the property managers. Unfortunately, due to communication issues with the property managers, our clients decided to terminate their residential tenancy lease and vacated the property in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Our clients took steps to try to assist the property managers with finding replacement tenants, including paying for the advertising fee so that the property could be re-advertised online. Unfortunately, none of our client’s...

13 April

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NDIS Commission Investigations and Banning Orders

Posted by Jason Papoutsis

in Litigation

ndis commission investigation potts lawyers

What is the NDIS Commission? The NDIS Quality and Safeguards Commission also referred to as the NDIS Commission, is an independent commission which was established on 1 July 2018, to improve the quality and safety of services funded by the “National Disability Insurance Scheme”. The NDIS Commission exists as part of a federal agreement between the Australian Government and states and territory governments, named the “NDIS Quality and Safeguarding Framework”. The NDIS Commission’s role is to: manage complaints about NDIS providers; improve the quality and safety of NDIS supports and services; regulate NDIS service providers and workers; lead education, capacity building and development...

24 February

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Anti-Discrimination Law Reform on the Horizon in Queensland

Posted by Jason Papoutsis

in Litigation

anti discrimination law queensland potts lawyers

QHRC Review Report The Queensland Human Rights Commission (QHRC) has concluded its review of Queensland’s 30 year old legislation, the Anti-Discrimination Act 1991 (Qld). The review involved wide ranging consultations with more than 120 stakeholders, 4 public consultations, and 6 roundtables. The report, titled “Building belonging: Review of Queensland's Anti-Discrimination Act 1991”, was tabled in parliament on 1 September 2022, and includes 46 recommendations to strengthen and clarify discrimination laws in Queensland. According to the QLS, the Commissioner of the QHRC, Mr Scott McDougall, identified the following aims of the recommendations within the report: Eliminating discrimination by introducing a new Act with objects...

21 February

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Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

Posted by Jason Papoutsis

in Litigation

2 goats locking horns over civil ligitation dispute

Introduction In the modern world, disputes arise in a wide variety of ways, whether in your personal life or in the course of running a business. At the heart of every dispute is a disagreement or argument with respect to one or more issues between parties. A majority of the disputes which we encounter in everyday life resolve on their own, and without legal intervention. However, in many cases, parties to a dispute are not able to resolve the dispute amongst themselves, and the dispute remains unresolved. An unresolved dispute may strain the relationship between the parties. Even worse, an unresolved dispute may...

07 October

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Workcover Claims Against Uninsured Employers

Posted by Jason Papoutsis

in Litigation

What are an Employer’s Responsibilities in Queensland with respect to health and safety? Generally, in Queensland, employers and business owners have a legal responsibility known as the primary duty of care in the Work Health and Safety Act 2011. To meet your duty of care, you must: provide a safe work environment; ensure safe use, handling and storage of machinery, structures and substances; make sure your facilities are well-maintained and at an acceptable standard; give your workers any information, training, instruction or supervision needed for safety; keep an eye on the health of workers and conditions at your place of work; ...

Recent Changes to Health Practitioner Regulation Laws

Consequences of breaching professional boundaries as a health practitioner

QUEENSLAND POLICE SERVICES NOW CANCELLING MORE FIREARMS LICENCES THAN EVER BEFORE

Case Study – Jurisdictional Objection to an Unfair Dismissal Case

QBCC Licence Applications and Fit and Proper Person Test

Case Study – Residential Tenancy Disputes

NDIS Commission Investigations and Banning Orders

Anti-Discrimination Law Reform on the Horizon in Queensland

Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

Workcover Claims Against Uninsured Employers

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