Articles
Category: Professional Misconduct
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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The Police disciplinary system
In 2019 the law in relation to how complaints against Queensland police officers are handled changed significantly. Gilshenan & Luton were heavily involved in those discussions on behalf of the Queensland Police Union.
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Legal Professional Privilege
Legal professional privilege describes the protection from disclosure extended to communications (written or oral) made in the course of obtaining legal advice or for contemplated or actual legal proceedings.
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Mayor and councillor responsibilities and obligations (Queensland)
Changes to the Local Government Electoral Act introduced the mandatory requirement for all candidates for council elections and by-elections to complete ‘So you want to be a councillor?’ training within six months before nominating for election. The training was designed to address the primary responsibilities and obligations of mayors and councillors.
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New federal whistleblower laws related to companies
Whistleblowing laws in Australia extend beyond the public sector. A range of new protections for whistleblowers has recently been introduced in respect of complaints made about corporate conduct in Australia.
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