Legal Services Commissioner v Randall

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Legal Services Commissioner v Randall [2019] QCAT 217

PARTIES:

LEGAL SERVICES COMMISSIONER
(applicant/appellant)

v

WILLIAM JOHN RANDALL

(respondent)

APPLICATION NO/S:

OCR025-19

MATTER TYPE:

Occupational Regulation

DELIVERED ON:

16 August 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Justice Daubney, President

Assisted by:

Mr Scott Anderson
Dr Susan Dann

ORDERS:

1.  It is recommended that the name of the respondent, William John Randall, be removed from the roll of legal practitioners in Queensland;

2.  The respondent shall pay the applicant’s costs of and incidental to this discipline application, such costs to be assessed on the standard basis in the manner in which such costs would be assessed if the matter were in the Supreme Court of Queensland.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – CRIMINAL OFFENCES – where the respondent was convicted of 18 child sex offences committed over a period of 12 years while a sitting magistrate – where the applicant seeks a finding that this conduct amounted to professional misconduct and that the respondent’s name be removed from the roll of legal practitioners in Queensland – whether the conduct constitutes professional misconduct under s 419 of the Legal Profession Act 2007 – whether to recommend that the respondent’s name be removed from the roll of legal practitioners in Queensland

Legal Profession Act 2007, s 9, s 419, s 452, s 462

REPRESENTATION:

Applicant:

Martin Kelly, Principal Legal Officer, Legal Services Commissioner

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. By this discipline application brought pursuant to s 452 of the Legal Profession Act 2007 (“LPA”), the applicant Legal Services Commissioner, seeks an order that the name of the respondent, William John Randall, be removed from the roll of legal practitioners of this State.  The particular relied on for the applicant asserting that the respondent ought be found to have committed professional misconduct is that on

   
   

   21 November 2017 he was convicted of a range of serious offences.

2. The respondent was admitted as a solicitor of the Supreme Court of Queensland on

   
   

   9 June 1981.  He has never practised as a solicitor, and has never held a practising certificate.  He was, however, a sitting magistrate at the time of his offending.  The respondent indicated, both directly to the applicant and by his response to the discipline application, that he consents to the orders sought in this discipline application.

3. It is sufficient to note that in November 2017 the respondent was convicted, after trial by jury, of some 18 child sex offences which were committed over a period of some 12 years.  One of those included maintaining an unlawful sexual relationship with a child for a period of 12 years.  For having committed those offences, the respondent is now serving a term of 11 years’ imprisonment.  He…