A permanent ban on re-licensing in professional disciplinary proceedings under the Building Act 1975 (Qld) requires a finding that the practitioner is probably permanently unfit to hold the licence. The test is not what provides the 'best protection for the public' but whether a less severe order would sufficiently and appropriately protect the public. An Appeal Tribunal errs in law if it vacates a pecuniary penalty on a factual basis that is unsupported by evidence and contrary to both parties' submissions.
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