REGULATORY PROSECUTIONS

Any correspondence with a regulator or government department overseeing regulatory compliance should be well considered as there can be civil and sometimes criminal law consequences for non-compliance. Litigation lawyers who handle regulatory prosecutions and investigations are skilled at providing clarity, perspective and formulating measured responses.

Importantly, we understand the many aspects of investigations and compliance matters. The initial actions an investigation can affect the whole case and the chances of a positive outcome.

Many regulators have extensive powers of investigation, which can disrupt your business or profession significantly. It is important to have a measured response that focusses on addressing the issues raised by the regulator and answering their questions, so that the scope of the investigation is contained and addressed rather than inadvertently broadened.

It’s also important to obtain advice on the potential involvement of third parties. There are often parties who may share critical data with other regulatory bodies that may support your position.

Our Litigation Lawyers are highly experienced in responding to regulatory investigations and prosecutions. We have assisted clients with investigations, hearings or regulatory action by:

• Australian Securities & Investments Commission (ASIC)
• Australian Taxation Office (ATO)
• Australian Competition and Consumer (ACCC)
• Board of Studies, Teaching and Educational Standards
• Boards under the Health Practitioner Regulation National Law / AHPRA
• Building Commission NSW
• Clean Energy Regulator
• Fair Work Ombudsman
• Labour Hire Authority
• Legal Services Commissioner
• NSW Fair Trading
• SafeWork NSW

There may be related matters to consider alongside any regulator prosecution or enforcement action, such as civil claims arising from allegations of professional negligence. Our team of litigation lawyers has wide experience. We make sure to protect our clients’ interests fully. We do this by creating a strategy to handle regulatory actions and other legal risks.

Our team at PCL Lawyers has a lot of experience. We help clients who are being investigated or accused of wrongdoing by a regulator. Clients generally see better legal outcomes when they get advice from our experienced litigators early in an investigation or complaint.

The best outcomes are achieved when a strategy is put in place as early as possible. In ideal circumstances before the first response to the regulator from the business or individual under investigation. There are often alternatives to progressing an investigation to a final decision or finding and these can result in the parties having significantly more control over the outcome and the regulator’s approach in the future.

Expert advice, proper management and engagement with regulatory processes at an early stage will improve your chances of a positive outcome. It can mean working with the regulator to improve compliance or being excluded from a profession or industry.

We often assist professionals, whose registration or ability to practise is at risk of cancellation or suspension as a result of allegations of professional misconduct. We act for a wide range of professionals and businesses and respond to the issues raised by a regulator while keeping your interests protected.

Businesses of any size operating in various industries need to maintain accreditations, licences and approvals, which can be difficult to regain once lost. Our team provides a thorough defence which minimises the risk of our clients’ registration being suspended or cancelled whilst maintaining a professional and constructive dialogue with the regulator or authority.

At a state level, PCL Lawyers often advise and represent companies and individuals in dealings with any regulatory issue. Our lawyers are committed to ensuring our clients’ positions are robustly protected. Regulatory investigations and correspondence with any authority needs to be crafted with care and as part of a clear legal strategy to resolve the issue effectively.

Regulatory matters can have far reaching consequences for clients beyond civil and criminal penalties and reputational issues may also need to be considered. The issues they raise need a response that looks at the regulator’s decision-making power whether they are acting within their authority.

Our lawyers can help you protect your reputation and reduce your liability as much as possible.

seek advice immediately if you have received any communication from a regulator about an investigation or prosecution. We cannot stress enough how this can impact the outcome of a matter. A skilled regulatory prosecution lawyer will be more effective and provide a clear strategy from the outset.

Many government and regulatory authorities have significant powers that can be disruptive to your business or career. Seeking legal advice early leads to better outcomes in regulation matters.

Our regulatory lawyers in Sydney are understanding and efficient. They can readily provide advice on a wide range of regulatory and litigation matters.