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A Queensland solicitor tried to keep his name on the roll after he was convicted of the distribution and possession of child sexual abuse material.
A recommendation was made to remove Shane Noel Tyrell’s name from the roll of practitioners after his conviction on one count of possession and one count of distribution of child sexual abuse material.
Tyrell disputed the strike-off recommendation, but Justice Paul Freeburn of the Queensland Civil and Administrative Tribunal (QCAT) said his misconduct demonstrated the community “cannot have confidence that he is a fit and proper person to practise as a lawyer”.
“An argument was advanced that Tyrell should be allowed to stay on the roll as he has not held a practising certificate since 2016 in any case.
“I reject that argument in circumstances where the respondent still intends to work in the legal field in roles which are only available to him because of the endorsement of the roll of practitioners,” Justice Freeburn said.
In January 2021, Tyrell responded to an advertisement posted by a South Australian covert police officer who posed as a 37-year-old woman.
Over a string of messages, Tyrell claimed he had two minor girls “coming over to my place today” and sent one image of child exploitation material.
A search warrant was executed the following month, and police found four images and one video depicting child exploitation material on his laptop.
Tyrell pleaded guilty and was sentenced to imprisonment for nine months for distribution and three months for possession, but both were fully suspended.
He was also placed on the sex offender’s register until 2027.
During the sentencing hearing, Tyrell said his crime occurred “in my own quiet home, alone and anonymous”. He added that while he should not have interacted with the advertisement, he claimed that “if police weren’t fishing, I could not have taken the bait”.
The sentencing judge said: “These children are being abused somewhere in the world … and these children are being physically traumatised and psychologically traumatised for the perverse pleasure of their abusers firstly, and then for people who want to look at it and distribute it.”
Justice Freeburn said Tyrell’s conduct could not be said to be observed by or approved by members of the profession of good repute and competency.
“The conduct falls short of that test,” Justice Freeburn said.
The case: Legal Services Commissioner v Shane Noel Tyrell [2025] QCAT 259
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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