LJW and REAL ESTATE AND BUSINESS AGENTS SUPERVISORY BOARD

The case involved LJW, an applicant for a certificate of registration as a real estate sales representative, and the Real Estate and Business Agents Supervisory Board. The dispute centred around LJW's fitness to hold a certificate of registration following convictions for various offences. The court had to determine whether LJW was a person of good character, as required by section 38(1)(b) of the Real Estate and Business Agents Act 1978 (WA).

The primary legal issue was whether LJW's convictions disqualified them from being considered a person of good character. The court considered the nature of the offences, their recency, and LJW's conduct and rehabilitation since the convictions. The court had to balance these factors against the statutory requirement to ensure that only those deemed fit and proper could hold a certificate of registration.

The court found that despite LJW's convictions, they had demonstrated a capacity for rehabilitation and had not engaged in similar conduct since. The court concluded that LJW met the statutory requirement of being a person of good character. The court acknowledged the seriousness of the offences but focused on LJW's subsequent behaviour and the time elapsed since the convictions. Consequently, the court approved LJW's application for a certificate of registration.

The court ordered that LJW be granted a certificate of registration as a real estate sales representative, effective immediately. The court directed the Real Estate and Business Agents Supervisory Board to issue the certificate without further delay. This decision recognised LJW's efforts towards rehabilitation and their suitability to hold the certificate of registration.