Professional Misconduct

For whatever reason, professionals, such as accountants, health practitioners, lawyers, law enforcement agents, and authorities — including the police and state officials, as well as public sector workers and even professional athletes — may sometimes find themselves involved in cases of unethical conduct and malpractice widely referred to as professional misconduct.

To effectively handle issues and problems concerning professional misconduct, relevant government agencies (commissions and authorities) are set up in Australia. These commonly provide guidance and regulatory functions to particular groups of professionals. There are ethical standards set up or established to regulate and govern the professional conduct of the members of each profession.

Regulatory Agencies

Certified Public Accountants or CPAs are professionals whose expertise are vital and widely used in business, accounting; and finance. The Accounting Professional and Ethical Standards Board (APESB) prescribes the ethical standards for CPAs; thus, they are expected to exercise proper and diligent care in rendering their services if they want to avoid being entangled with legal and misconduct issues.  On the other hand, they can be instrumental in detecting the unethical practices of the business enterprises and organisations they work with, especially if such can cause large-scale harm on the interest of the government and the general public. In such cases, they may not invoke client confidentiality, particularly if they are required to disclose their clients’ non-compliance with laws and regulations. If you are a CPA and are caught in this tight situation, it is best to consult or avail of professional legal advice.

The Australian Health Practitioners Regulations Agency or AHPRA, by virtue of the Health Practitioner Regulation National Law enacted in July 2010, provides support to the National Boards that regulate 15 various health professions. Primarily, the Boards set standards and policies that all registered health practitioners must meet. However, if you, as a health professional, are reported to have breached the applicable laws and rules, certain actions may be taken by the AHPRA and the Boards, which may result in the following possible outcomes: no grounds/no further action needed; referral to more appropriate authority; caution and reprimand; undertaking and condition; and suspension and cancellation of registration.   

The Crime and Corruption Commission investigates reports of corrupt conduct (systematic corruption) of public sector agencies and administrations in Queensland, the performance of which adversely affects the public they serve. If you belong to this group and someone or even your own office or organisation alleged that you have committed a corrupt conduct, the CCC will come in to assess the complaint against you.

Have you suffered professional misconduct?

If you are the subject of a misconduct complaint, it is recommended that you seek professional advice before talking to the authorities. There are lawyers or solicitors who have gained vast knowledge and expertise in various professions and principles and their corresponding governing laws. Whilst you can do online search for possible solutions to your problems, there is no better solution than to bring your legal problems to the legal experts.

Contact our team today and let’s discuss how we can successfully obtain a favorable outcome or decision on your legal concerns.