Professional Misconduct
Professional Misconduct Law
Professional misconduct covers a broad and varied range of obligations. Allegations of wrongdoing can lead to formal investigations, disciplinary, or even criminal proceedings.
Many professions contain strict ethical or regulatory standards, including:
Professional Misconduct Lawyers
A professional misconduct lawyer is a legal specialist who advises and represents individuals accused of professional misconduct, facing disciplinary action, or alleged breaches of professional standards. They assist in safeguarding the careers and reputations of professionals across fields such as healthcare, law, finance, and education during regulatory investigations and proceedings.
In Queensland, Lawyers are held to high standards in all aspects of their legal practice. Allegations made about them can stem from dealings with clients, issues with professional fees or trust accounts, and even conduct which occurs in their personal lives.
The Queensland Legal Services Commission (LSC) is the legal profession regulator for all legal practitioners in Queensland. The Commission operates under the Legal Profession Act. Its primary responsibilities are investigating and prosecuting breaches of regulatory and ethical standards.
You can find out more information about LSC Investigations at our article here.
Medical Professionals
The Australian Health Practitioner Regulation Agency (AHPRA) is the regulatory body that governs medical professionals in Australia. AHPRA’s primary focus is the protection of the public and the enforcement of strict standards for all registered medical professionals. This includes training, ethics, and general competence.
Complaints about unethical or improper conduct of health professionals are investigated by AHPRA. Those investigations can result in both disciplinary action and referrals for criminal investigation or prosecution.
Chartered Accountants
The Board of Chartered Practising Accountants (CPA) is the membership body for Chartered Accountants in Australia. If a complaint is made about a Chartered Accountant, CPA will conduct an investigation. They then have the power to bring disciplinary proceedings against the member.
The penalties imposed by CPA can range from a reprimand to the cancellation of a public practising certificate.
We have a history of successfully representing clients in proceedings brought by CPA Australia. This has included for members charged with “failing to observe a proper standard of professional care, skill or competence”.
Blue Card Services
In Queensland the Blue Card scheme is underpinned by the Working With Children (Risk Management and Screening) Act 2000. The scheme exists to:
- protect the rights, interests and wellbeing of children; and
- to protect them by ensuring that they are only able to interact with people who are screened under that legislation.
If Blue Card Services determine that an applicant is not suitable to hold a Blue Card they can issue the person with a “negative notice”. This also applies to people who are re-applying for a Blue Card. A negative notice can occur for various reasons. It is often due to information being obtained during the “screen” which would mean that the applicant is not suitable to work with children. Such circumstances include convictions for “serious” and “disqualifying” offences.
Existing Blue Card holders can receive a “show cause notice”. These notices require them to respond to Blue Card and provide an explanation about why they should not be issued with a negative notice.
We can assist you if you have received a notice from Blue Card Services. It is important that you do not delay, as strict timeframes often apply.
Workplace Investigations
In Queensland, workplace investigations can also occur following allegations of wrongdoing. In the private sector, these investigations can mean the termination of your career or in referrals to other agencies to investigate criminal conduct.
Persons employed in the public sector are also required to abide by the standards set out in the Queensland Public Sector Act. That Act sets out a framework under which public servants must operate.
Allegations of improper conduct can result in investigations and disciplinary action. This includes against former public servants for conduct which occurred whilst they were in the public sector. Penalties can include a reduction in classification, or termination.
Experts in Professional Misconduct
At Aitken Whyte Lawyers, we understand how crucial your reputation is to your career. We pride ourselves on providing you with thorough analysis and clear, practical advice.
We fiercely advocate for our clients. Our goal is always to obtain the best possible outcome for you and to provide the level of guidance needed during such a stressful time by assisting to:
- respond to a complaint or show cause notice;
- avigate the investigation process, providing step-by-step guidance; and
- appear before a Tribunal or other disciplinary hearing, providing knowledgeable representation and advocacy.
If there is an allegation brought against you, it is critical to seek expert legal advice. Speaking to an experienced lawyer is the best way to protect your rights and livelihood.
- Contact us to discuss your professional misconduct or disciplinary matter with a lawyer.
What Our Clients Say
Meet Our Lawyers
Robert Aitken
Robert Casalegno
Craig Bartley
Related Articles
Professional Misconduct
Aitken Whyte Lawyers successfully had a Defendant ordered to elect whether to call evidence before they could make a no
Call Aitken Whyte Lawyers for solutions and results, for expert and experienced advice to represent you at this important time or, if you want to learn more about our services in Queensland. For Brisbane and surrounding areas including Ipswich, Redlands, Logan, Redcliffe and Caboolture call 07 3063 6000 or email us.
Office Location and Contact Details
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
Ph: 07 3063 6000
Fax: 07 3211 9311
E: enquiries@awbrisbanelawyers.com.au
