Professional misconduct is where the conduct of a professional is significantly below the standard required of the professional or where the professional has repeatedly demonstrated conduct that is not to a reasonable standard of competence.
Professional misconduct is commonly admonished within the various Codes of Conduct implemented by different professional organisations. The Codes of Conduct will usually prescribe a complaints procedure that can be actioned in the event a patient or client considers the conduct of the professional to amount to professional misconduct. In addition to lodging a complaint with the professional body, complaints may also be made to the NSW Civil and Administrative Tribunal (“NCAT”) against lawyers, veterinarians, architects and building professionals.
If a finding of professional misconduct is made following the investigation of a complaint against the professional by the professional body or NCAT, serious disciplinary sanctions can be issued, these will of course vary from profession to profession depending upon their Codes of Conduct and any other guidelines or policies pertaining specifically to that profession. Examples of sanctions that may be available include a reprimand, fine, conditions on the professional’s practice, suspension or cancellation of the professional’s licence. A record of the professional misconduct may be also be registered against the professional, and such records are usually available to the public.
If you are a professional and an allegation of professional misconduct has been made against you, or, more generally if a complaint about your conduct has been submitted, we recommend that you seek immediate legal advice as to your rights, prospects of defending the complaint and advice on your obligations to the professional organisation or other department investigating the complaint. Our experienced team of Solicitors can assist you in making submissions and representing you during any proceedings arising in relation to the complaint.
If you wish to speak with one of our Disciplinary & Professional Conduct Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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