Permanent disqualification from holding a real estate agent's licence under s 103(1)(c) of the Real Estate and Business Agents Act 1978 (WA) is not limited to cases where the person is found incapable of ever re-establishing themselves as fit and proper; the Tribunal must consider the whole of the relevant circumstances to determine what penalty will most properly give effect to the objects of the Act. Conduct outside professional practice is relevant to fitness if it manifests the presence or absence of qualities essential for the occupation. [name withheld] v [name withheld] does not establish a principle limiting permanent disqualification to cases of permanent incapacity to reform.
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