--- title: "Disciplinary & Misconduct Law Australia | Astris Law" description: "Brisbane disciplinary investigation law for health, legal, property, finance and education professionals. AHPRA, LSC, OFT, ASIC, QCAT. Call (07) 3519 5616." lang: en-AU json-ld: | [ { "@context": "https://schema.org", "@type": [ "LegalService", "LocalBusiness" ], "@id": "https://www.astrislaw.com/#organization", "name": "Astris Law", "legalName": "Astris Law Pty Ltd", "alternateName": [ "Astrons General Counsel", "Phronesis Litigation", "HeadStart Counsel" ], "url": "https://www.astrislaw.com", "logo": { "@type": "ImageObject", "url": "https://www.astrislaw.com/android-chrome-512x512.png", "width": 512, "height": 512 }, "image": "https://www.astrislaw.com/android-chrome-512x512.png", "description": "The Astris Law group gives directors and business owners the right legal capability for whatever their business needs, across corporate, disputes and regulatory. 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The firm acts for respondents at every stage from initial notification through to tribunal hearing and appeal. ## Overview A letter from a regulator can arrive without warning. Whether it is a notification from AHPRA, a complaint referred by the Office of the Health Ombudsman, an investigation by the Legal Services Commission or a show cause notice from a professional board, the consequences for a practitioner's registration, reputation and livelihood can be severe. Conditions on registration, suspension and deregistration are all real possibilities, and the process itself can be disorienting for professionals who have never been on the receiving end of a regulatory investigation. Astris Law acts for respondents: the professionals who are being investigated or who have been referred for disciplinary proceedings. We focus on helping practitioners understand the process they are facing, respond to allegations properly and protect their registration and career. We do not act for complainants or regulators. Disciplinary proceedings in Queensland are governed by a patchwork of legislation and regulatory bodies. AHPRA and the National Boards regulate health practitioners under the Health Practitioner Regulation National Law. The Office of the Health Ombudsman operates as the gateway for health complaints in Queensland and has broad investigatory powers. The Legal Services Commission oversees complaints against lawyers. The Queensland College of Teachers handles teacher conduct matters. The Board of Professional Engineers Queensland regulates engineers. Other professions including architects, real estate agents, accountants and financial advisers each have their own regulatory frameworks. What connects all of these is the end point: where a regulatory body determines that the evidence warrants it, the matter may be referred to the Queensland Civil and Administrative Tribunal for a disciplinary hearing. QCAT has the power to impose conditions, suspend or cancel registration and order costs. It is a formal proceeding with real consequences, and treating it casually is a mistake. Early legal advice, ideally at the point a complaint or notification is first received, can materially affect how a matter unfolds. A well-prepared response to an initial investigation can resolve a complaint before it escalates. Where matters do proceed to a tribunal hearing, proper preparation and legal representation become essential. Astris Law can assist at every stage of this process, from the first notification through to QCAT proceedings and appeals. We approach each matter with an awareness that behind every file number is a professional whose career and wellbeing are at stake. ## How We Help Astris Law defends Brisbane professionals who are facing regulatory complaints, investigations and disciplinary proceedings. A notification from AHPRA, a complaint to the Legal Services Commission, an investigation by the Office of Fair Trading or a referral to QCAT can threaten your registration, your career and your reputation. We act exclusively for respondent practitioners (the professionals under investigation) and provide clear, strategic advice at every stage of the process. Disciplinary proceedings in Queensland are governed by profession-specific legislation and overseen by a range of regulatory bodies. Health practitioners are regulated by AHPRA and the relevant National Boards under the Health Practitioner Regulation National Law. Lawyers are overseen by the Legal Services Commission under the Legal Profession Act 2007. Teachers answer to the Queensland College of Teachers. Engineers are regulated by the Board of Professional Engineers Queensland. Each profession has its own regulatory framework, but the common thread is the potential for proceedings before QCAT, where the tribunal has the power to impose conditions on registration, suspend or cancel registration and order costs. What distinguishes our approach is early intervention. A well-prepared response at the investigation stage can resolve a complaint before it ever reaches a tribunal hearing. Where matters do proceed to QCAT, we provide full representation: preparing submissions, managing evidence, briefing expert witnesses and appearing at hearings. For Brisbane professionals facing disciplinary proceedings, acting early and instructing an experienced lawyer is the single most important step you can take. ## Common Situations - You are a doctor or health practitioner who has received an AHPRA notification or a referral from the Health Ombudsman - You are a lawyer who has received a complaint from the Legal Services Commission regarding your professional conduct - A regulatory body has issued a show cause notice requiring you to explain why your registration should not be suspended or cancelled - You have been referred to QCAT for a disciplinary hearing and face the possibility of conditions, suspension or deregistration - Your employer has made a mandatory notification to your regulator and you need advice on how to respond - You are a teacher, engineer, real estate agent or financial adviser facing an investigation by your professional regulator ## Why Astris Law As a boutique Brisbane firm, Astris Law provides the confidential, principal-led service that professionals facing regulatory scrutiny require: your matter is handled directly by the principal, not passed to a junior solicitor. [Call (07) 3519 5616](tel:+61735195616)[Send an Enquiry](/contact) ## Regulated Professions We Defend ### Medical & Health Practitioners Australian Health Practitioner Regulation Agency (AHPRA) Health Practitioner Regulation National Law (Qld) Common triggers: Mandatory notifications under s 141, professional misconduct, impairment concerns. ### Lawyers Legal Services Commission (LSC) Legal Profession Act 2007 (Qld) Common triggers: Trust account irregularities, costs disputes, unsatisfactory professional conduct or professional misconduct under Part 4.4. ### Real Estate Agents Office of Fair Trading (OFT) Property Occupations Act 2014 (Qld) Common triggers: Trust account breaches, misleading conduct, failure to disclose material facts under s 213. ### Financial Advisers Australian Securities and Investments Commission (ASIC) Corporations Act 2001 (Cth), Parts 7.6 and 7.7A Common triggers: Best interests duty breaches under s 961B, misleading or deceptive conduct, failure to provide compliant SOA. ### Tax Agents & BAS Agents Tax Practitioners Board (TPB) Tax Agent Services Act 2009 (Cth) Common triggers: Code of Professional Conduct breaches under s 30-10, competence concerns, false or misleading statements. ### Teachers Queensland College of Teachers (QCT) Education (Queensland College of Teachers) Act 2005 (Qld) Common triggers: Harm or risk of harm to children, criminal history changes, professional boundary breaches. ### Engineers & Building Professionals Board of Professional Engineers Qld / Queensland Building and Construction Commission (BPEQ / QBCC) Professional Engineers Act 2002 (Qld) / QBCC Act 1991 (Qld) Common triggers: Defective work, unlicensed practice, failure to maintain professional indemnity insurance. ### Migration Agents Office of the Migration Agents Registration Authority (OMARA) Migration Act 1958 (Cth), Part 3 Common triggers: Code of Conduct breaches, providing immigration assistance while unregistered, failure to act in client’s best interests. Regardless of your profession, early legal advice before responding to a regulator can significantly affect the outcome of an investigation. Astris Law acts for professionals across all regulated industries in Queensland and nationally. [Get Confidential Advice](/contact) ## Our Special Interests Defending health practitioners (doctors, nurses, pharmacists, psychologists, dentists) against AHPRA and OHO investigations Representing lawyers facing Legal Services Commission complaints and disciplinary referrals Acting for teachers, engineers, architects and other regulated professionals in conduct matters Challenging immediate action decisions and urgent suspension of registration Managing overlapping criminal, civil and disciplinary proceedings ## Key Legislation & Frameworks Health Practitioner Regulation National Law Health Ombudsman Act 2013 (Qld) Legal Profession Act 2007 (Qld) Queensland Civil and Administrative Tribunal Act 2009 (Qld) Education (Queensland College of Teachers) Act 2005 (Qld) Professional Engineers Act 2002 (Qld) Architects Act 2002 (Qld) ## Frequently Asked Questions ### What should I do if I receive an AHPRA notification or complaint in Queensland? You should seek legal advice immediately, before responding to the notification. In Queensland, health complaints are initially received by the Office of the Health Ombudsman, which then determines whether to investigate directly or refer the matter to AHPRA and the relevant National Board. You will be given an opportunity to respond to the allegations, and what you say at this stage can significantly influence the outcome. A careful, well-prepared response can result in a matter being closed without further action. A poorly considered response can escalate it. ### Can AHPRA or the Health Ombudsman suspend my registration before a hearing? Yes. Both AHPRA (through the relevant National Board) and the Office of the Health Ombudsman have the power to take immediate action against a health practitioner's registration. This can include imposing conditions, suspending or cancelling registration and it takes effect immediately. Immediate action is typically reserved for cases involving alleged serious criminal conduct, conduct that may diminish public confidence in the profession, serious performance issues or improperly obtained registration. A suspension remains in effect until it is revoked or set aside on appeal. ### What happens at a QCAT disciplinary hearing for professional misconduct? QCAT disciplinary hearings are formal proceedings where the relevant regulatory authority presents its case that a practitioner has engaged in professional misconduct or unsatisfactory professional conduct. Hearings are generally open to the public. QCAT can impose a range of outcomes including conditions on registration, suspension, cancellation of registration, fines and costs orders. You have the right to legal representation without needing to apply for permission. The standard of proof is the balance of probabilities, though the degree of satisfaction required increases with the seriousness of the allegations. ### What is the difference between unsatisfactory professional conduct and professional misconduct? Unsatisfactory professional conduct is conduct that falls below the standard reasonably expected of a practitioner. Professional misconduct is more serious and includes conduct that is substantially below that standard or involves a serious departure from accepted professional norms. The distinction matters because the penalties for professional misconduct are more severe, including suspension and cancellation of registration. ### Can I appeal a QCAT disciplinary decision in Queensland? Yes. A party to a QCAT disciplinary proceeding can appeal the decision to the QCAT Appeal Tribunal or, in some cases, the Queensland Court of Appeal. Appeals on questions of law are available as of right. Appeals on questions of fact or mixed fact and law require leave. Strict time limits apply, typically 28 days from the date of the decision. ## Insights & Publications [View all](/articles) [ ![AHPRA Investigation: What Happens and What To Do at Each Stage - Astris Law legal insights](/__l5e/assets-v1/010cbe90-8275-48f4-a45a-fe48c13b4cce/ahpra-investigation.png) Insights ### AHPRA Investigation: What Happens and What To Do at Each Stage 1 June 2026 A notification to AHPRA or the Office of the Health Ombudsman is not a finding. It is the start of a staged statutory process under the Health Practitioner Regulation National Law, and the practitioners who come through it well are the ones who understand each stage before they respond. This guide walks the process stage by stage: assessment, immediate action, investigation and referral, with the timeframes, the decision points and the moments where legal advice changes the outcome. Read more ](/article/ahpra-investigation-response-guide)[ ![Lavercombe v LSC \[2023\]-\[2026\]: Six years, five decisions and a tiered costs order - Astris Law legal insights](/images/articles/qcat.jpg) Insights ### Lavercombe v LSC \[2023\]-\[2026\]: Six years, five decisions and a tiered costs order 20 April 2026 A 27-minute phone call in April 2020 has taken six years and five tribunal decisions to resolve. Brisbane solicitor James Lavercombe of JML Rose has cleared the rule 33 breach alleged against him and secured a mixed costs order that is partly indemnity and partly standard. A rare practitioner win and a careful study in why particulars matter, why agency cannot be assumed and why costs in regulatory work are seldom a blunt instrument. Read more ](/article/lavercombe-ascr-rule-33-costs-order) ## Professions Astris Law Defends ### Medical & Health Practitioners Facing an AHPRA notification? Jamie Nuich acts fast to protect your registration. Regulator: AHPRA (Australian Health Practitioner Regulation Agency) and the relevant National Board (Medical Board, Nursing & Midwifery Board, Psychology Board, Dental Board, Pharmacy Board and others) Legislation: Health Practitioner Regulation National Law (Qld) Proceedings & outcomes defended against: - AHPRA notifications and investigations - Show cause notices, conditions and undertakings on registration - Mandatory notifications - National Practice Tribunal hearings and QCAT referrals - Suspension of registration - Cancellation of registration - Conditions on practice - Reprimands ### Lawyers & Legal Practitioners Under investigation by the LSC? Astris Law defends practitioners who defend others. Regulator: Legal Services Commission (LSC) Legislation: Legal Profession Act 2007 (Qld) Proceedings & outcomes defended against: - LSC investigations and complaints - Legal Practice Committee hearings (unsatisfactory professional conduct) - QCAT disciplinary proceedings (professional misconduct) - Show cause events and conditions on practising certificates - Striking off the roll - Suspension - Conditions on practice - Fines ### Real Estate & Property Agents OFT investigation or trust account audit? We have been through the process before. Regulator: Office of Fair Trading (OFT) Legislation: Property Occupations Act 2014 (Qld) Proceedings & outcomes defended against: - OFT investigations - Trust account audit issues - QCAT disciplinary proceedings - Licence suspension and cancellation proceedings - Licence cancellation - Licence suspension - Conditions - Fines ### Financial Advisers & Tax Agents ASIC enforcement or TPB investigation? Jamie Nuich understands federal regulatory frameworks. Regulator: ASIC (financial advisers), Tax Practitioners Board (tax agents and BAS agents) Legislation: Corporations Act 2001 (Cth), Tax Agent Services Act 2009 (Cth) Proceedings & outcomes defended against: - ASIC investigations and enforcement - Financial Services and Credit Panel (FSCP) hearings - TPB investigations - Banning orders and breach reporting - Licence cancellation - Banning orders - Conditions on registration - Suspension ### Teachers & Education Professionals Referred to the QCT? Your teaching career is on the line. Astris Law can help. Regulator: Queensland College of Teachers (QCT) Legislation: Education (Queensland College of Teachers) Act 2005 (Qld) Proceedings & outcomes defended against: - QCT investigations - Professional Capacity and Teacher Conduct Committee hearings - QCAT referrals for serious or professional misconduct - Mandatory reporting obligations - Cancellation of registration - Suspension - Conditions - Notations on register ### Engineers & Building Practitioners BPEQ or QBCC show cause notice? Jamie Nuich acts for engineers and builders facing disciplinary action. Regulator: Board of Professional Engineers Queensland (BPEQ) for engineers, Queensland Building and Construction Commission (QBCC) for builders and contractors Legislation: Professional Engineers Act 2002 (Qld), Queensland Building and Construction Commission Act 1991 (Qld) Proceedings & outcomes defended against: - BPEQ investigations - QBCC investigations and show cause notices - QCAT disciplinary proceedings - Demerit point disputes - Licence cancellation - Suspension - Conditions - Monetary penalties - Demerit points ### Gambling & Liquor Licensees OLGR show cause notice? Astris Law defends licensees and approved managers. Regulator: Office of Liquor and Gaming Regulation (OLGR) Legislation: Liquor Act 1992 (Qld), Gaming Machine Act 1991 (Qld) Proceedings & outcomes defended against: - OLGR investigations - Show cause notices - Disciplinary action against licensees and approved managers - Infringement notices - Licence cancellation - Suspension - Conditions - Disqualification - Fines ### Migration Agents OMARA complaint or code of conduct investigation? Jamie Nuich protects your registration. Regulator: Office of the Migration Agents Registration Authority (OMARA) Legislation: Migration Act 1958 (Cth), Migration Agents Regulations 1998 (Cth) Proceedings & outcomes defended against: - OMARA investigations - Code of conduct complaints - Registration cancellation proceedings - Cancellation of registration - Suspension - Conditions ### Discuss Your Situation Get a brief, no-obligation call to understand your options. 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