LEGAL PROFESSION ACT 2006 - SECT 589 Associates who are disqualified or convicted people
LEGAL PROFESSION ACT 2006 - SECT 589
Associates who are disqualified or convicted people(1) A law practice must not have a person as a lay associate if—
(a) a principal, or other legal practitioner associate, of the practice knows that the person—
(i) is a disqualified person; or
(ii) has been convicted of a serious offence; and
(b) the person is not approved by the relevant council under subsection (2).
(2) The relevant council may, on application, approve a lay associate for this section.
(3) An approval under this section may be subject to stated conditions.
(4) A person may appeal to the Supreme Court against a decision of the relevant council under subsection (2) or (3).
Note See the Court Procedures Rules 2006
, r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
(5) A person commits an offence if—
(a) the person is—
(i) a disqualified person; or
(ii) a person who has been convicted of a serious offence; and
(b) the person applies to become a lay associate of a law practice; and
(c) the person has not told the law practice of the disqualification or conviction.
Maximum penalty: 50 penalty units.
(6) Proceedings for an offence under subsection (5) may only be brought within 6 months after discovery of the offence by the law practice.
(7) This section does not apply in circumstances prescribed by regulation.
(8) In this section:
"lay associate", of a law practice, includes a consultant to the law practice (however described) who—
(a) is not an Australian legal practitioner; and
(b) provides legal or related services to the law practice, other than services of a kind prescribed by regulation.
Note Lay associate is defined for the Act in s 9 (Terms relating to associates and principals of law practices).