Articles
Category: Professional Misconduct
Covertly recording conversations in the workplace
In recent years, the issue of covertly recording conversations in the workplace has emerged as an important topic in employment law. Such secret recordings raise concerns about privacy, workplace rights and protections, and the issue of trust between employees and employers.
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The purpose and importance of particulars in disciplinary proceedings
The 2023 decision of Lavercombe v Legal Services Commission [2023] QCAT 356 is a reminder of the vital role (and the limits) of particulars in disciplinary proceedings. In this case review we consider the purpose and importance of particulars in disciplinary matters.
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Duty of solicitors and barristers to be courteous in domestic violence proceedings
In this article, we review three cases where the Tribunal found legal practitioners engaged in professional misconduct (or unsatisfactory conduct) or undermined public confidence in the legal profession, resulting in reprimands and fines.
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Common interest privilege in Australia
Common interest privilege (CIP) is an extension of legal professional privilege (LPP) and applies to the sharing of privileged information between parties with a mutual interest in the outcome of litigation or legal matters.
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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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No right to silence at Crime and Corruption Commission unless reasonable excuse
We explore a recent Supreme Court of Queensland decision of Smith v PRQ which considered an application by the CCC to have the respondent, PRQ, punished for contempt.
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Difference between workplace bullying and reasonable management action
This article explores the primary differences between workplace bullying by an employer and reasonable management action carried out in a reasonable way.
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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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University investigations and disciplinary proceedings against students
Australian universities and other educational institutions have powers to investigate allegations of ‘general’ and ‘academic’ misconduct by students.
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Privilege against self-incrimination
The law provides a privilege (immunity) against providing information or documents which may be self-incriminating. This, alongside the right to remain silent, ensures that an accused person cannot be compelled to give evidence leading to his or her own conviction.
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When does workplace bullying constitute corrupt conduct?
The Crime and Corruption Commission (CCC) has published a paper examining when workplace bullying reaches the legal threshold to constitute corrupt conduct under the Crime and Corruption Act 2001.
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Sexual boundaries in the doctor-patient relationship
In December 2018, the Medical Board of Australia published revised Guidelines: Sexual Boundaries in the Doctor-Patient Relationship. The Guidelines aim to provide guidance to doctors about establishing and maintaining sexual boundaries in the doctor-patient relationship.
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