A disciplinary tribunal exercising discretion under s 456 of the Legal Profession Act 2007 (Qld) must have regard to all material considerations, including unchallenged expert evidence as to risk of re-offending. Removal from the roll should only be ordered where the probability is that the practitioner is permanently unfit to practise. Where expert evidence assesses the risk of re-offending as very low and identifies protective factors, lesser sanctions with conditions may adequately protect the public.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
5 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.