Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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I am an engineer or aspiring engineer charged with a criminal offence. What are the consequences and do I have to disclose this?

Who does this apply to? In Queensland, engineers who practise in virtually every area of engineering are subject to the Professional Engineers Act 2002 (Qld). Engineers practising outside Queensland are not subject to this legislation; however similar legislation may exist in other states and territories. We are also able to assist interstate engineers; however this article is solely for those practising in Queensland. Am I eligible to register as a professional engineer? Do I need to disclose my charges or convictions? The Board of Professional Engineers of Queensland must be satisfied you are fit to practise as a registered professional engineer prior to...

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I am a health practitioner charged with a drink driving offence. Do I have to notify AHPRA or my national board?

Unfortunately, there is no fixed answer to this question. The reason is because the Health Practitioner Regulation National Law (“National Law”) makes it mandatory for a disclosure to be made if you have been charged with an offence punishable by 12 months or more of imprisonment; or convicted of any offence punishable by any term of imprisonment (even if no imprisonment was actually imposed). The maximum penalty for drink driving offences varies based on a number of factors. These include your blood alcohol concentration, previous drink driving or related convictions, the length of time since previous convictions, the type of license...

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What are the consequences of a criminal charge or conviction on a health practitioner or aspiring health practitioner?

Who does this apply to? Health practitioners, including chiropractors, dentists, doctors, nurses, medical radiation practitioners, midwives, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists, and psychologists are subject to the Health Practitioner Regulation National Law (“National Law”), which applies in each state and territory across Australia. The National Law sets out the general standards each of these practitioners must abide by, as well as outlining the process through which they may be registered under the relevant board. I am applying for registration as a health practitioner? What do I need to do? Section 52(1)(c) of the National Law sets out that a person is...

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Expansion of Court and Police Powers in Relation to Public Safety

The amendments passed by the Queensland Parliament in the Serious and Organised Crime Legislation Amendment Act 2016 (Qld) relating to the Peace and Good Behaviour Act 1982 (Qld) have now commenced, increasing police powers and expanding the types of orders that the courts can make. This article will cover 3 types of orders. We note that each order is subject to its own separate rules, hence if you are subject to another type of an order not covered, you should contact our lawyers as the procedures you should follow could differ substantially. Public Safety Orders Public safety orders are orders which prohibit a person or group...

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Historical gay convictions set to be expunged in bill being considered by committee

Two men stand together holding hands in the dock in a Queensland District Court in the late 1980s – their only crime is being in love. In a shameful episode from the state’s history, gay people were prosecuted for a range of offences including indecency, unnatural offences and sodomy, until homosexuality was decriminalised in 1991. John and John were in a committed relationship for 15 years, one had served his country in Vietnam, and they loved each other dearly. One day, police came to their home on the Gold Coast to investigate an unrelated and unproven matter. While there, the officers noticed photos of them on the wall,...

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Potts Lawyers Awarded as a Leading Criminal Law Firm

Potts Lawyers Awarded as a Leading Criminal Law Firm by Doyle’s Guide 2016. Managing director, Rob Franklin is pleased to announce that Potts Lawyers has again been recognised by the prestigious Doyle’s Guide as a “first tier” leading criminal law firm in Queensland. Director Bill Potts has been named as a leading criminal lawyer whilst director Cameron Browne has been named as a recommended criminal lawyer. It is heartening to see that amongst the total of 26 criminal lawyers listed for Queensland, more than a quarter have spent several years working in our practice. The Doyle’s Guide recognises top Queensland Criminal Lawyers who have been identified by clients and peers...

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Locals can get involved with the sentencing process in a Gold Coast event as judge for a day

IT’S time to strap on your wig, pop on your robes and lay down the law — a free event is allowing Gold Coasters to be a judge for a day. Today’s Judge for Yourself community event will give locals the opportunity to put themselves into the shoes of a judge and decide on a sentence based on real events. Former Queensland Law Society president and Southport-based criminal lawyer Bill Potts said the event, run by the Queensland Sentencing Advisory Council, was a great way to demystify the sentencing process. “The sentencing of criminals is one of the most misunderstood and difficult tasks,”...

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Cancellation of visas for those who commit crimes in Australia

Non-citizens: Can I remain in Australia if I have a criminal conviction? For non-citizens, including permanent residents and special category visa holders (New Zealanders), having a criminal conviction may lead to deportation or involuntary removal from Australia. A criminal conviction (even if no conviction is recorded) may also affect those on work or travel visas. What is the “character test”? Section 501(3A) of the Migration Act 1958 (Cth) states that the Minister must cancel a visa that has been granted to a person if the person does not pass the “character test”. A person will fail the character test if: the person has a “substantial criminal record”...

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Domestic violence: Bill Potts says blanket bail refusal not the answer

Changes should be made in the way courts deal with domestic violence offenders with mental health issues, rather than making bail harder to secure, a prominent Queensland lawyer has argued. The LNP has pledged to introduce laws reversing the onus of proof for bail on domestic violence cases in the first sitting week of Parliament in 2017. Queensland Law Society immediate past president Bill Potts says reversing the onus of proof for bail in domestic violence cases is not the answer.    The LNP’s legislation would cover people charged over domestic violence-related incidents, including offences of strangulation, assault, deprivation of liberty and kidnapping. That means...

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Potts says new anti-bikie laws are a step forward – but not without problems

Queensland Law Society has applauded the Palaszczuk Labor Government for dispatching the LNP’s flawed and unworkable VLAD anti-bikie laws to the dustbin of history. However, Society president Bill Potts said the new Serious and Organised Crime Legislation Amendment Bill had its own inherent shortcomings and problems – but was a marked step forward from the previous legislation. “QLS is delighted the government has repealed the Newman LNP Government’s controversial Vicious Lawless Association Disestablishment Association Act – which was the subject of considerable criticism among the legal profession,” he said. “The Society has always strongly advocated for evidence-based legislation and policy. “We have always sought...

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