(1) Disciplinary action taken against a person is not to be recorded in the Register of Disciplinary Action or otherwise publicised under this Part if the action was taken because of the person's inability properly to carry out the requirements of legal practice and the inability arises wholly or principally from infirmity, injury or mental or physical illness.
(2) Subsection (1) does not apply where the disciplinary action involves--(a) the suspension or cancellation of the person's Australian practising certificate, or(b) a refusal to grant or renew an Australian practising certificate applied for by the person, or(c) a restriction or prohibition on the person's right to engage in legal practice,but in that case the reason for the disciplinary action, and any other information relating to the infirmity, injury or mental or physical illness, is not to be recorded in the Register of Disciplinary Action or otherwise publicised under this Part without the person's consent.