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LEGAL PROFESSION ACT 2006 - SECT 68 Immediate suspension of local practising certificate

LEGAL PROFESSION ACT 2006 - SECT 68

Immediate suspension of local practising certificate

    (1)     This section applies, despite division 2.4.6 (Amendment, suspension or cancellation of local practising certificates) and division 2.4.7 (Special powers in relation to local practising certificates—show-cause events), if the relevant council considers it necessary in the public interest to immediately suspend a local practising certificate on—

        (a)     any of the grounds on which the certificate could be suspended or cancelled under division 2.4.6; or

        (b)     the ground of the happening of a show-cause event in relation to the holder; or

        (c)     any other ground that the council considers justifies immediate suspension of the certificate in the public interest;

whether or not any action has been taken or started under division 2.4.6 or division 2.4.7 in relation to the holder.

    (2)     The relevant council may, by written notice given to the holder, immediately suspend the practising certificate until the earlier of the following:

        (a)     the council gives the holder an information notice under section 56 (3) (Amending, suspending or cancelling local practising certificate);

        (b)     the council gives the holder written notice under section 56 (4);

        (c)     the council gives the holder an information notice under section 64 (3) (Amendment, suspension or cancellation of local practising certificate—failure to show cause etc);

        (d)     the council gives the holder written notice under section 64 (4);

        (e)     the period of 56 days after the day the notice is given to the holder under this section ends.

    (3)     The notice under this section must—

        (a)     include an information notice about the suspension; and

        (b)     state that the practitioner may make written representations to the relevant council about the suspension.

    (4)     The holder may make written representations to the relevant council about the suspension, and the council must consider the representations.

    (5)     The relevant council may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder.