03 April

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Commonwealth Games: What You Should Know From A Criminal Law Perspective

in Criminal Law & Offences, General Law News

Article written by Shelby Smith The Gold Coast Commonwealth Games will run from the 4th of April 2018 to the 15th of April 2018. If you are attending the Commonwealth Games, it will be important to take care and act appropriately. Gold Coast residents should also be aware of this information, as the Commonwealth Games will affect the entire Gold Coast community. Increased Police Presence on the Gold Coast Firstly, you should expect an increased police presence before, during and immediately after the Commonwealth Games. This increased police presence may mean an increase in police charges. It is important to be aware of this and act accordingly....

10 January

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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?

Posted by Potts Lawyers

in Criminal Law & Offences, Disciplinary Law

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...

10 January

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

Posted by Potts Lawyers

in Criminal Law & Offences, Disciplinary Law

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...

10 January

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Spent convictions: how long does a criminal conviction last in Queensland?

Posted by Potts Lawyers

in Criminal Law & Offences

Introduction As noted in our article on non-recorded convictions, having a criminal conviction can have a prolonged and profound impact on your life that extends far beyond the punishment imposed by a court. This is quite unfortunate, as one of the purposes of the criminal justice system is that a court will impose a punishment that is just and final in all the circumstances. It is also a principle that those convicted of offences should be rehabilitated, and are encouraged and even expected to resume being law-abiding and productive members of society upon completion of the imposed punishment. Yet, whenever you are taking...

10 January

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

Posted by Cameron Browne

in Criminal Law & Offences, Disciplinary Law

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...

30 October

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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?

Posted by Potts Lawyers

in Disciplinary Law

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...

30 October

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I am a health practitioner charged with a drink driving offence. Do I have to notify AHPRA or my national board?

Posted by Potts Lawyers

in Disciplinary Law

Unfortunately, there is no fixed answer to this question. The reason is because the Health Practitioner Regulation National Law (“National Law”) makes it mandatory for a disclosure to be made if you have been charged with an offence punishable by 12 months or more of imprisonment; or convicted of any offence punishable by any term of imprisonment (even if no imprisonment was actually imposed). The maximum penalty for drink driving offences varies based on a number of factors. These include your blood alcohol concentration, previous drink driving or related convictions, the length of time since previous convictions, the type of license...

30 October

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Consequences of a criminal charge on health practitioners or aspiring health practitioners

Posted by Potts Lawyers

in Disciplinary Law

What types of Health Practitioners does this apply to? Health practitioners, including chiropractors, dentists, doctors, nurses, medical radiation practitioners, midwives, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists, and psychologists are subject to the Health Practitioner Regulation National Law (“National Law”), which applies in each state and territory across Australia. The National Law sets out the general standards each of these practitioners must abide by, as well as outlining the process through which they may be registered under the relevant board. I am applying for registration as a health practitioner? What do I need to do? Section 52(1)(c) of the National Law sets out that...

11 July

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Expansion of Court and Police Powers in Relation to Public Safety

Posted by Potts Lawyers

in General Law News

The amendments passed by the Queensland Parliament in the Serious and Organised Crime Legislation Amendment Act 2016 (Qld) relating to the Peace and Good Behaviour Act 1982 (Qld) have now commenced, increasing police powers and expanding the types of orders that the courts can make. This article will cover 3 types of orders. We note that each order is subject to its own separate rules, hence if you are subject to another type of an order not covered, you should contact our lawyers as the procedures you should follow could differ substantially. Public Safety Orders Public safety orders are orders which prohibit a person or group from...

22 June

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Historical gay convictions set to be expunged in bill being considered by committee

Posted by Potts Lawyers

in General Law News

Two men stand together holding hands in the dock in a Queensland District Court in the late 1980s – their only crime is being in love. In a shameful episode from the state’s history, gay people were prosecuted for a range of offences including indecency, unnatural offences and sodomy, until homosexuality was decriminalised in 1991. John and John were in a committed relationship for 15 years, one had served his country in Vietnam, and they loved each other dearly. One day, police came to their home on the Gold Coast to investigate an unrelated and unproven matter. While there, the officers noticed photos of them on the wall,...

Commonwealth Games: What You Should Know From A Criminal Law Perspective

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

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

Spent convictions: how long does a criminal conviction last in Queensland?

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

I am an engineer or aspiring engineer charged with a criminal offence. What are the consequences and do I have to disclose this?

I am a health practitioner charged with a drink driving offence. Do I have to notify AHPRA or my national board?

Consequences of a criminal charge on health practitioners or aspiring health practitioners

Expansion of Court and Police Powers in Relation to Public Safety

Historical gay convictions set to be expunged in bill being considered by committee

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