You are on work experience with a barrister. She wants you to do some research for her on a matter in which she has been briefed to give an opinion. She asks you to identify
all relevant legislation,
all related case law, and
any helpful journal articles.
The barrister has been asked to advise an applicant for admission to practise law in Queensland under the Legal Profession Act 2007 (Qld). The client wants an opinion about what he should disclose to the relevant admissions authority and whether he is likely to succeed in the application for admission.
Your client Hans Alabout was an Occupational Therapist (OT) working in a Rehabilitation Unit in a hospital. Hans is now 36 years old. He has a wife and two teen-aged children. He was born in Algeria, and moved with his family to Australia when he was 5 years old. He studied for his OT degree in Victoria and worked in that field for 4 years, in Victoria and Queensland.
In 2004, he was found guilty of misconduct before the professional registration board for inappropriate touching of two different teenage female patients on four separate occasions (1 occasion of fondling a breast for one patient and three occasions for the other – fondling her breast twice, and feeling in her vaginal region once) and lost his registration as an Occupational Therapist. No complaint was ever made to police about this behaviour.
While he was facing these charges, he accessed private patient records, contrary to hospital protocol. He then rang each of the two complainants to ask them to withdraw the charges.
Hans still maintains that he did nothing wrong. He says that, in each case he was simply holding the girls from behind and attempting to help them to understand the correct hip position they needed to achieve when completing a painful exercise. He had references from his direct supervisor and several elderly patients confirming that, in their opinions, his behaviour has always been beyond reproach. None of the patients knew that he had been charged, although his supervisor did.
He still refuses to admit any wrong-doing, despite the findings of the Occupational Therapists Registration Board indicating that he was clearly guilty of sexual touching and that his evidence to the contrary was not believed. The Board also expressed concern about him witness tampering.
After losing his registration as an OT, Hans worked various jobs in hospitality over a decade, and there no evidence of complaints about his behaviour. In 2013 he enrolled in a JD at Bond University. He has completed the JD and PLT and now wants to seek admission as a legal practitioner. Hans also wants to know if it would be easier to be admitted in Victoria, since he is prepared to move if necessary and he has family there.
Prepare a Memo setting out: –
(a) a clear statement of the relevant facts;
(b) identification of the legal issues;
(c) explanation of the applicable law (legislation and cases);
(d) your overall advice to the client based on your application of the applicable law to the relevant facts; and
(e) anything else that you deem necessary.
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