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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).