Articles
Author: Claire McGee
Coronial inquests in health care related deaths
In all Australian states and territories, a healthcare professional responsible for a deceased person’s medical care immediately before death or who examined the deceased’s body must issue a cause of death certificate within 48 hours of the death or its discovery. However, a doctor must not issue a certificate if the death falls into a “reportable” death category.
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ASIC compulsory examinations under section 19
Section 19 of the Australian Securities and Investment Commission Act 2001 empowers ASIC to issue a notice requiring a person to appear for examination. This can happen if ASIC suspects or believes that the person can provide information relevant to an investigation.
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Regulatory offences in Queensland
In Queensland, there are two types of offences: criminal offences and regulatory offences. Criminal offences are by far the most common, but in this article, we explore the lesser-known topic of regulatory offences.
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NDIS fraud – investigations and penalties
The NDIS Commission uses a range of compliance and enforcement tools to prevent and address breaches of the National Disability Insurance Scheme Act 2013, including NDIS fraud and other non-compliance activities.
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Worker’s general protections claim fails in the Federal Court
A Federal Court employment law decision in 2024 emphasises what is required when establishing that the making of a complaint constitutes the exercise of a workplace right for the purposes of a general protections claim under the Fair Work Act.
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Post-employment restraint of trade
A restraint of trade clause, in various forms, may be included in an employment contract, usually at the commencement of employment. A post-employment restraint will be considered at the completion of the employment relationship. The purpose of post-employment restraints is to protect legitimate business interests of the employer.
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Constructive dismissal appeal refused by Full Bench of the Fair Work Commission
We review the outcome of a 2023 general protections matter which tested the grounds for whether a resignation was forced or not. That is, was it a constructive dismissal?
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High Court finds employer not vicariously liable for employee’s negligent urination
In the August 2023, the High Court unanimously overturned the earlier decision of the Queensland Court of Appeal that had originally found an employer was vicariously liable for the wrongful act of an intoxicated employee who had urinated on a colleague sleeping in staff accommodation.
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Public Sector Act 2022 – new employment framework for public sector employees in Queensland
On 1 March 2023, the Public Sector Act 2022 commenced, repealing and replacing the Public Service Act 2008. This new Act sets out a new legislative employment framework for the Queensland public sector.
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Powers of the National Anti-Corruption Commission
The National Anti-Corruption Commission (NACC) is an independent Australian Commonwealth agency that will detect, investigate, and report on serious or systemic corrupt conduct in the Commonwealth public sector. The NACC will also educate the public service, and the public, about corruption risks and prevention. The NACC commenced on 1 July 2023.
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Industrial manslaughter in Queensland
Industrial manslaughter occurs when a worker dies at work due to negligence by a business or its senior officer. It is a criminal offence.
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Changes to the regulation of health practitioners
On 21 October 2022, the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 was given assent. The Act amends the Health Practitioner Regulation National Law and also makes related amendments to the Health Ombudsman Act 2013. This article explores the relevant changes.
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