Professional Conduct and Disciplinary Proceedings

Professional Conduct and Disciplinary Proceedings

Galbally Parker represents professionals in professional conduct and disciplinary proceedings prosecuted by the Legal Services Commissioner, Racing Appeals Tribunal, and Australian Health Practitioner Regulation Agency, before the Victorian Civil and Administrative Tribunal. These matters are proceeding through the professional bodies, during the COVID-19 crisis. There will be a prioritisation of AHPRA matters, given the pressures facing medical practitioners and the number of people returning to the profession. Most criminal defence firms do not conduct disciplinary matters, so please contact our firm to arrange an initial client consultation and discuss your proceedings so that we can ensure that they are managed skillfully, diligently and swiftly. 

Individuals prosecuted for professional conduct and disciplinary matters may have been prosecuted by the Professional body alone or the proceedings may have followed on from criminal proceedings. For example, if a Medical Practitioner is alleged to have inappropriately touched a patient and the alleged victim has reported a sexual assault, the Medical Practitioner may be charged and prosecuted for the alleged offence. In addition to that, the alleged conduct can be the basis for a complaint to AHPRA regarding the Practitioner’s suitability to practise medicine.

In other circumstances, the conduct alleged may not constitute an offence, but a disciplinary infraction under the relevant legislation governing the profession of which the Accused is part, or which might affect an individuals ability to become registered or licensed within that profession. There will also be situations where the conduct alleged and the complaint may affect the person’s ability to continue practicing their profession.

For example, there are infractions within the legal industry for failing to properly disclose costs to a client. Unless there is an allegation of theft or fraud, this infraction will not give rise to criminal charges, but may give rise to disciplinary proceedings that may affect the ability of the person to practice in their field.

This will inevitably be devastating to the individual, their families and their businesses. Particularly where a medical practice, racing business, or legal practice is reliant on a Principal practitioner continuing to practice, the threat to whole businesses and the livelihood of employees will be extreme.

Our practice ranges from assisting applicants to become licensed or registered, to misconduct proceedings and re-licensing applications before a number of professional bodies. When you work within this area, you need diligent lawyers who will learn the practice area of the individual client to best represent them in their application or proceedings. We work closely with our clients to learn everything that we can about their practice area so that we can best represent them. We also have a number of allied barristers and professionals who work within this area, whom we engage and brief to maximise the prospects of success for our clients. No matter is too complicated, too complex or too hard for our team to manage and progress to its best possible conclusion.