Professional Misconduct

Professional misconduct law concerns allegations of wrongdoing in the workplace, such as breaches of professional rules and protocols, misuse of an employer’s resources, inappropriate behaviour in the workplace (such as sexual harassment), and allegations of fraud or other misbehaviour.

Gilshenan & Luton has recognised expertise in acting for people involved in workplace investigations including: 

We also conduct workplace investigations on behalf of government entities as well as private enterprise.

Allegations in this area often cross over into allegations of criminal conduct, and our expertise in criminal law assists our clients in obtaining comprehensive legal advice and protection.

Our clients span a wide range of professions including:

  • police and other emergency services;
  • politicians, public servants and senior bureaucrats;
  • legal practitioners;
  • health professionals – doctors, nurses, pharmacists etc;
  • teachers;
  • corrective services personnel;
  • accountants;
  • engineers, and other professionals.

We regularly appear before bodies such as the Crime and Corruption Commission and the Queensland Civil and Administrative Tribunal (QCAT) to represent those facing professional misconduct allegations.

Seeking legal advice is critical to protect your rights

While your liberty isn’t usually in jeopardy in a professional misconduct investigation, your livelihood and reputation certainly are.

Where professional misconduct is alleged, it is critical to seek legal advice from a lawyer highly experienced in misconduct law.  There are specific laws and procedures that apply in this area that must be understood and used to protect the rights and employment of those under investigation.

Articles - Professional Misconduct

Privilege against self-incrimination and the right to remain silent

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?

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 Doctor-Patient Relationship Guidelines

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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How are police complaints handled in Queensland?

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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