Many jobs require a person to hold a certain licence, credentials or clearance issued by a government authority or professional association. Examples include:
- working with children check clearances for teachers and youth workers;
- registration as a tax agent for accountants;
- membership of specialist medical colleges; and
- being included on the roll of legal practitioners.
A denial of access or the revocation of membership from this kind of credentialing has a devastating effect on a person’s ability to work in their profession and earn an income. The effect is far greater than simply dismissal from employment, as it prohibits work (be it employment or self-employment), and often involves significant reputational damage which can last for years and, in many cases, the decision is published and available on the internet.
A decision to deny, refuse or cancel a credential required to perform work in an industry is capable of being appealed by way of an internal appeal process or by way of external merits or administrative review. The precise appeal or review rights will depend on the specific credential and the law associated with it. In some cases, a decision to cancel membership or credential can only be made by a Tribunal where the person has a right to be heard and represented.
Because of the significant effect of such cancellations, legal advice and representation is generally warranted and worthwhile. Legal fees in such cases may be tax deductable.
Segelov Taylor is expert at assisting individuals defend their rights and position. We have extensive experience in internal review processes, along with proceedings in NCAT and other administrative review tribunals.
Prior to the commencement of proceedings, we will undertake a thorough assessment of the matter and provide clear and practical advice as to:
- What options exist to challenge a decision;
- The pros and cons of each option including the likelihood of success of any challenge; and
- The costs associated with each option.