04 September

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

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...

21 August

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Case Study – 2 x Contravention of Domestic Violence Order

Posted by Jack Bendall

in Criminal Law & Offences

Matter: 2 x Contravention of Domestic Violence Order Court Brisbane Magistrates Court Maximum penalty: 3 years imprisonment Solicitor: Jack Bendall Date: March 2023 Overview Our client was a named respondent on a protection order, his partner was the aggrieved. As a result of the protection order being made he was subjected to a number of conditions. These conditions included him having no contact with the aggrieved, and was prohibited from being within 100 metres of the aggrieved, unless with her written permission. A few months after this protection order was made, our client was charged with contravening the order. This was in circumstances where the aggrieved and...

16 August

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Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

Posted by Shantelle Wallace

in Criminal Law & Offences

OFFENCES: Serious assault person over 60 SOLICITOR: Erin Mitchell COURT: Southport Magistrates Court DATE: April 2023 TRIAL/ PLEA: Plea of guilty FACTS Our client found themselves involved in a road rage incident and unfortunately, due to a ‘heat of the moment’ decision, they were ultimately charged with assaulting a person over 60, an offence that carries a maximum penalty of 7 years imprisonment.[1] Due to the serious nature of the charge, namely, that it involved an act of violence/ causing physical harm to another person, a sentence of imprisonment is not a last resort[2], even for a person with limited or no criminal history. By way of...

31 July

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Coercive Control

Posted by Colleen Battersby

in Criminal Law & Offences

New domestic violence laws in Queensland to criminalise coercive control On 10 May 2022, the Premier, Annastacia Palaszscuk announced plans to introduce legislation in Queensland to make coercive control a criminal offence. This was influenced by the 2020 death of Ms Hannah Clarke and her three children, who were murdered by her estranged husband, Mr Rowan Baxter and the October 2021 ‘Hear Her Voice’ report by the Women’s Safety and Justice Taskforce. This report outlined how best to legislate against coercive control and made 89 recommendations to the Queensland Government about essential reforms required to the domestic violence service and justice systems. What is...

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?...

03 July

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New Australian Citizenship Pathway for NZ Citizens

Posted by Tom Foran

in Immigration

We've been getting a lot of enquiries recently regarding the new Australian Citizenship Pathway so we've put together an explainer video. There's been a massive shift in Australian Citizenship Laws recently, and many people are welcoming these changes to the law....

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

Case Study – 2 x Contravention of Domestic Violence Order

Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

Coercive Control

Admission to the Legal Profession: What you should know

Recent Changes to Health Practitioner Regulation Laws

New Australian Citizenship Pathway for NZ Citizens

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