Professional misconduct offences

Get expert help when professional misconduct complaints lead to criminal charges

Some jobs and professions carry significant responsibilities, such as:

Health practitioners
Lawyers
Engineers
Police officers
Public sector employees.

Any breach (or suspected breach) of those responsibilities can lead to professional misconduct complaints, disciplinary proceedings, or workplace investigations. They are serious because the penalties can include suspensions, restrictions on practising licences, and disciplinary action.

In some cases, they can also lead to criminal charges.

If you’re facing professional misconduct allegations, a workplace investigation or other disciplinary action where there’s a risk of criminal charges, seek our legal advice as soon as possible. It may be a crucial step in protecting your career and livelihood.

Get in touch to find out more about our services.

Frequently asked questions about professional misconduct offences

If I’m under investigation, what should I do?

Disciplinary investigations must be fair, which means the investigator must follow proper processes and procedures and respect your rights. These requirements can differ from profession to profession and may include:

The right not to make statements or answer questions until you have received legal advice, and
The right to have a solicitor at your investigation interview.

If you are under investigation for a disciplinary or professional misconduct allegation that may lead to criminal charges, seek our urgent legal advice to understand your rights and options.

Am I required to cooperate with an investigation?

Some regulators may require you to give certain information, or appear before an investigator to answer questions or produce documents. Such regulators include:

Australian Health Practitioner Regulation Agency (AHPRA)
Independent Commissioner Against Corruption (ICAC).

You may be charged with an offence if:

You fail to provide the requested information, or
You obstruct an investigator in the exercise of their powers, or
You give false or misleading information.

Penalties include imprisonment or significant fines for both individuals and corporations.

How you respond to an investigation could impact the outcome. If you are the subject of an investigation, particularly if you are also at risk of criminal charges, seek our urgent advice to safeguard your position.

Do I need to tell my employer that I’m involved in a disciplinary matter?

This issue can arise where a person makes a complaint to a professional body, for example, a patient complains about a hospital doctor’s conduct to the Australian Health Practitioner Regulation Agency (AHPRA). In this situation, AHPRA can choose whether to notify the doctor’s employer (the hospital) of the complaint.

Depending on your job, you may be legally required to notify your employer of a complaint or disciplinary matter. If you’re unsure of your obligations, seek our legal advice.

Is there anything I can do to stop my name from being published in the media?

In South Australia, legal proceedings are usually held in open Court, meaning the media and public can attend.

In limited circumstances, the Court may issue suppression orders prohibiting the publication or disclosure of information in the legal proceedings.

How we can help

Disciplinary proceedings, investigations and misconduct allegations can cause distress and make you feel isolated and overwhelmed.

We recommend seeking legal advice as soon as you’re notified of the issue so we can guide you through the process and help you protect your livelihood and reputation.

Get in touch for more information about professional misconduct offences.