Calvin Gnech
- Managing Director and Principal Lawyer
- Calvin Gnech
- Managing Director and Principal Lawyer
Being investigated for professional misconduct can be personally devastating for those dedicated to their professions. If you have been charged with professional misconduct, you need expert legal advice from a team with decades of experience.
Being investigated for professional misconduct can be personally devastating for those dedicated to their professions. If you have been charged with professional misconduct, you need expert legal advice from a team with decades of experience.
Over a long career, professionals can face allegations of wrongdoing at work. These allegations can then lead to an official investigation and disciplinary proceedings. Whether this process leads to criminal charges or not, we know these serious allegations and investigations impact your reputation and wellbeing.
We will guide you through each stage of this process and help you understand your rights and obligations. Each professional body has different requirements, so it is critical you work with experts who understand each stage fully.
We understand how important it is for individuals in professional careers to maintain their good standing and reputation. That is why we are dedicated to providing expert legal assistance to those facing professional misconduct allegations. We believe in advocating for your rights and working towards the best possible outcome while providing support and guidance every step of the way.
Lawyers in Queensland are held to a high standard in all areas of practice. Allegations of professional misconduct or unsatisfactory professional conduct can arise from client interactions, unsatisfactory client outcomes, legal cost issues or personal conduct outside of legal practice. It is important for lawyers to obtain independent representation when facing an allegation or an investigation by the Legal Services Commission or their own governing body.
Police officers in Queensland, both on and off duty, must comply with internal policies and procedures and the legislative Acts that govern their professional powers and responsibilities. Expectations of police officers from the community are high, and complaint investigations often result in disciplinary proceedings and even criminal charges. It is important for police officers to have legal representation from the start of a complaint matter to ensure the best outcomes are obtained. We are experts in this area of law and have an ongoing professional relationship with the Queensland Police Union of Employees and its legal defence program for police officer Union members.
Medical professionals in Queensland are governed by the Australian Health Practitioner Regulation Agency (“AHPRA”). AHPRA’s primary role is to protect the public and set standards and policies for all registered health practitioners. These standards include training, qualifications, competence and ethics. AHPRA also functions to support fifteen national boards, which in turn regulate each specific healthcare area. Medical professional complaints can be investigated both by AHPRA and the relevant national board. These types of investigations can result not only in disciplinary action but also referrals to the police for criminal investigation and possible charges.
Teacher conduct in Queensland falls under the regulation of the Queensland College of Teachers. This body investigates and undertakes disciplinary action concerning grounds such as being convicted of an indictable offence, incompetence, unsatisfactory behaviour or a contravention of standards. Disciplinary action can result in the suspension or cancellation of a teacher’s registration should certain thresholds be met. These types of investigations can result not only in disciplinary action but also referrals to the police for criminal investigation and possible charges.
In Queensland, the law requires you to be appropriately licensed if you wish to engage in work as a security provider. A security provider is a:
We can assist with the initial license application process.
Once licensed, a provider’s conduct, professionally and personally, is continually scrutinised. This means the provider’s license can be suspended or cancelled, or a renewal of the license is refused. Show cause proceedings will be commenced if there are grounds concerning the provider’s suitability to be an appropriate person to hold a license.
You must not engage in any of these services without holding an appropriate license; otherwise, you are liable to a criminal offence with maximum penalties of 1000 penalty units or 18 months imprisonment.
Many other industries in Queensland are governed by regulatory authorities, which set standards of practice for employees and professionals. If breached, formal disciplinary action with significant consequences, including termination of employment and/or loss of license, may be pursued. Further examples include professional athletes, coaches, real estate agents and engineers.
The investigation and hearing of councillor misconduct complaints can result in serious penalties and reputational harm for councillors. We hold particular expertise in councillor misconduct matters.
In 2016, the Crime and Corruption Commission commenced an inquiry named Operation Belcarra into the conduct and operations of local government councils and councillors. That inquiry made legislative recommendations to create a disciplinary scheme for local councillors. The scheme introduced an independent councillor conduct tribunal as well as an independent investigative body named the Office of the Independent Assessor (OIA).
The OIA is now responsible for conducting investigations into complaints received about the conduct of local councillors and for consideration of referring disciplinary charges to the Councillor Conduct Tribunal.
If councillors are aware of a complaint being made or an investigation being undertaken by the OIA it is ideal to obtain legal assistance as early as possible.
Legal advice is important as the Council of Conduct Tribunal have powers to impose significant penalties, including reprimands, public apologies, monetary compensation and removal from a position representing the local government.
Disciplinary and professional misconduct allegations of wrongdoing in the workplace include breaches of professional rules, fraud, misuse of an employer’s resources, and inappropriate behaviour in the workplace, including sexual harassment and other misbehaviour.
A disciplinary investigation is often the starting point for disciplinary proceedings and can potentially result in criminal charges. We assist with disciplinary investigations for police officers, lawyers, barristers, medical professionals, public service employees, teachers and many other professionals.
We have extensive experience in dealing with these matters, enabling us to provide comprehensive legal advice and protection. We regularly appear before bodies such as the Crime and Corruption Commission, the Queensland Civil Administrative Tribunal (QCAT) and the Queensland Industrial Relations Commission (QIRC) to represent those facing professional misconduct allegations.
We provide our clients a strong voice to respond to complaints, robustly participate in the investigation, make submissions and, where required, appeal a decision.
Employees in the private sector can face workplace investigations from their employer. These types of investigations can also result in the termination of your career or a referral to the police for criminal investigation.
With extensive experience in cases involving allegations of professional misconduct and workplace misbehaviour, we can assist with all matters relating to breaches of professional rules and boundaries, conflicts of interest, misuse of resources, and personal and professional misbehaviour, including sexual harassment.
We pride ourselves on bringing clear, practical advice to resolve your matter efficiently. We are experienced before the Fair Work Commission regarding unfair dismissal proceedings.
We are the leading experts in the representation of public officials in corruption investigations and proceedings, working with clients in this area regularly.
The Crime and Corruption Commission (CCC) possess special powers of investigation, which require people to attend upon them in secret to answer questions. If you are summonsed and disclose your attendance at the proceeding or refuse to cooperate and answer questions, serious penalties including imprisonment apply.
These types of proceedings are colloquially referred to as ‘star chambers’. Traditional legal principles, such a privilege against self-incrimination (the right to remain silent), do not apply.
If summonsed, it is imperative that you seek immediate legal advice. Almost all investigations of this nature expose you to the real prospect of imprisonment and, in some instances, the loss of superannuation entitlements.
If you have been charged with professional misconduct, you need expert legal advice from a team with decades of experience.
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“Calvin represented me in a high-profile matter which resulted in a District Court trial, in which I was ultimately acquitted. The matter had the potential to be devastating to my private and professional life. Calvin’s support and assistance through this time was unwavering.
From my first contact with Calvin on learning of the investigation until the verdict being read, I knew I was in the best of hands.” – Client