Professional Conduct & Discipline Law

We know that there is nothing more distressing for a professional than having a complaint made to their registration body about their performance, conduct or health. When this occurs, you need expert advice to navigate through what can be an intimidating and confusing system.

The ramifications of a complaint can be significant and severely affect your career. Regulators, such as the Australian Health Practitioner Regulation Agency (AHPRA) and the National Health Boards, Office of the Health Ombudsman (OHO), Law Societies and the Health Care Complaints Commission (HCCC) have powers to suspend you, impose conditions which may make you unemployable, and refer disciplinary charges against you which could result in you being struck off!

Hall Payne Lawyers has one of the largest professional conduct and discipline practices in Australia, representing over 300 clients each year who are subject to notifications or complaints.

We represent:

doctors, nurses and registered health professionals in relation to registration issues and notification with the Australian Health Practitioner Regulation Agency, HCCC in NSW and the Office of the Health Ombudsman in QLD;
lawyers with state LSC’s and societies;
engineers; and

We regularly appear before disciplinary tribunals, representing people accused of engaging in professional misconduct.

Recognised nationally as a leading employment law firm, our cost-effective legal advice extends to a specialisation in disciplinary matters across a range of industries.

Seeking advice as soon as possible ensures your interests are protected every step of the way.

Do I really need legal advice?

Yes.

Urgent legal advice at the time you first receive a notice of complaint can be the difference between successfully navigating the process and a career-ending outcome. It is our invariable experience that professionals that go it alone have far worse outcomes.

As lawyers providing a critical service to individuals, our professional reputation is everything to us. The right legal advice will protect your reputation, as well as your rights and relationships at work.

If you’re faced with a disciplinary investigation or complaint, it’s likely your conduct, and your ability to do your job is being called into question. This can have a serious impact on your immediate position including the potential of dismissal, and your professional standing in the future.

Our team’s experience in disciplinary proceedings means your interests will be protected, whatever the situation. Our extensive experience in this area means we can advise on likely outcomes, and support you to make the right decisions to protect your interests.

Can you assist me with my matter?

Yes.

Hall Payne has over 3 decades’ experience assisting professionals with disciplinary matters at every level, no matter what industry you work in. This includes advising and representing professionals, executives, practitioners and employees in matters concerning:

AHPRA
OHO in Queensland;
HCCC NSW;
Nursing Council;
College of Teachers.

We can help at any stage of proceedings, including investigations, tribunal advocacy, at the appeal or judicial review stage. If you are dismissed and believe that dismissal is unjust or unreasonable, we can assist you with a claim for unfair dismissal.

I’ve been told there’s an investigation at work that involves me – what can I do?

If you’re the subject of a workplace investigation, the best thing you can do is get legal advice immediately or speak with your union.

An investigation will ordinarily occur when there’s been a complaint in the workplace. While your employer may be entitled to conduct such an investigation, they must do so in a way that follows proper process and is respectful of your rights at work. Legal advice will ensure your interests are properly protected, your rights are respected and that you get a fair hearing.

If the investigation involves an allegation of misconduct, we strongly recommend that you:

do not make any verbal or written statements until you have sought legal representation;
co-operate with any relevant authorities;
comply with the operational requirements of your employer;
insist on your right to be accompanied.

While making a statement will allow your side of any story to be heard, you should wait until you have received advice, and considered seeking representation throughout the proceedings.

Above all, we recommend that you seek out legal advice immediately.