Grljusich v Andrews

[2003] WASCA 206

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal by way of rehearing
3. › Nature of appeal under statute
4. › Whether court on appeal has broad power to make disciplinary findings in substitution for those of the Board
5. › Requirement to demonstrate error on part of primary decision-maker
6. › Real Estate and Business Agents Act 1978 (WA), s 23
1. Professions and Trades
2. › Real estate agents and sales representatives
3. › Disciplinary proceedings
4. › Cancellation of registration and disqualification
5. › Whether penalty manifestly excessive
6. › Whether permanent disqualification appropriate where capacity for rehabilitation demonstrated
7. › Real Estate and Business Agents Act 1978 (WA), ss 47(1)(b), 101, 102(1)(b), 103(3)(c), 103(4)
1. Administrative Law
2. › Disciplinary tribunals
3. › Apprehended bias
4. › Whether comments by tribunal members during hearing gave rise to reasonable apprehension of bias
5. › Failure to object at time of remarks
1. Practice and Procedure
2. › Reopening of proceedings
3. › Application to reopen after delivery of reasons
4. › Principles governing reopening after judgment
5. › Whether disciplinary tribunal erred in refusing to reopen inquiry

Quick Take

Permanent disqualification from registration as a sales representative under the Real Estate and Business Agents Act 1978 (WA) is not warranted where the misconduct, though involving dishonesty, relates to relatively modest sums, causes no financial loss to the public, and the practitioner has demonstrated through extensive character references a capacity for rehabilitation. In such circumstances, a fixed period of disqualification (here, five years) is the appropriate penalty. The distinction between cancellation of registration and permanent disqualification requires separate consideration of whether the practitioner is capable of re-establishing fitness over time.