Many workers are required to obtain and maintain licences or registration in order to work.  A failure to hold or maintain a licence (or to have it placed subject to conditions) can mean loss of a particular employment; loss of clients, patients and customers; and in the extreme, loss of a right to work.

Such matters may arise where there are:

Professional licensing

Many professionals are required to obtain and maintain licences in order to work

Workplace requirements differ in each industry. Most professional industries, however, require employees to obtain the proper licence or registration.

In some instances, it can help to have your application for registration professionally prepared. Seeking legal advice on aspects of the process you do not understand may avoid costly and stressful errors, especially if you are required to re-submit your application.

Legal advice when preparing your application can be especially important in circumstances where:

  • You believe you may be required to disclose information adverse to your application, such as past allegations of misconduct or previous disciplinary investigations; or
  • You are seeking to rely on overseas or inter-state qualifications as part of your registration.

These matters are often difficult and stressful, and can impact on your mental health and capacity.

Segelov Taylor Lawyers can provide advice and assistance on all aspects of professional licencing to reduce the risk of error or delay in obtaining registration.

Working with Children

WWCC are a requirement for anyone who works or volunteers in child-related work

Working With Children Checks (WWCC) are administered by state governments, but all operate on a very similar basis.

A person may not work in child-related work without a WWCC.  A loss or suspension of a WWCC will often lead to a loss of employment.  Employers may be committing an offence if they employ a person in child related work without a WWCC.

A WWCC involves a National Police Check (criminal history record check) and a review of relevant workplace misconduct.

What can I do if I have been refused a WWCC, or my WWCC has been cancelled?

The decision to refuse a WWCC, or cancel a WWCC is an administrative decision.  Generally speaking, there are three possible avenues for challenging or seeking a review of a decision:

  • First is to seek internal review.  In most jurisdictions, the decision to refuse or cancel will be accompanied by documents as to an internal review process.  The internal review process requires the government authority responsible for the decision to reconsider the matter.
  • Second is to seek external review.  As the decision to refuse a WWCC is an administrative decision, an application for external review is made to the relevant administrative tribunal such as the NSW Civil and Administrative Tribunal (NCAT) or the Victoria Civil and Administrative Tribunal (VCAT).
  • Third, which will not be open in all cases, is to identify a substantial legal error and seek judicial review in a Court. If successful, this may lead the matter being remitted to the Tribunal to be determined in accordance with the correct legal principles.

Segelov Taylor has substantial experience in advising and assisting individuals on seeking review of decision to terminate or refuse a WWCC.

Disciplinary action

Disciplinary action can have far-reaching and devastating effects on one’s career

A denial of access or the revocation of professional membership or registration can have 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 Lawyers are expert at assisting individuals defend their rights and position.  We have extensive experience in internal review processes, along with proceedings in the 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.

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Free Case Assessment

We offer a free initial case assessment in all matters.

We will obtain preliminary information from you and provide some indicative advice as to:

  • the types of claims that may be available for you;
  • the merits of any claim;
  • the likely value of any claim;
  • our costs, and the terms on which we may act in the event you were to instruct us.

The case assessment may be by phone, via video conference (such as Zoom or Teams) or in person. There is no cost associated with this case assessment, nor any obligation to instruct us in your matter.

To arrange your free case assessment please complete the form below or contact us by phone or email.

Case Assessment form

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