LEGAL PROFESSION ACT 2006 - SECT 97A Order for non-removal of name or non-cancellation of local practising certificate
LEGAL PROFESSION ACT 2006 - SECT 97A
Order for non-removal of name or non-cancellation of local practising certificate(1) If an Australian lawyer reasonably expects that the lawyer's name will be removed from an interstate roll or that foreign regulatory action will be taken against the lawyer, the lawyer may apply to the Supreme Court for either or both of the following orders:
(a) an order that the lawyer's name not be removed from the local roll under section 94 (Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction) or section 96 (Show-cause procedure for removal of lawyer's name from local roll following foreign regulatory action);
(b) an order that the lawyer's local practising certificate not be cancelled under section 95 (Peremptory cancellation of local practising certificate following removal of name from interstate roll).
(2) The Supreme Court may make an order if satisfied that—
(a) the lawyer's name is likely to be removed from the interstate roll; and
(b) the reason for its removal from the interstate roll will not involve disciplinary action or the possibility of disciplinary action.
(3) An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period stated in it.
(4) The Supreme Court may revoke an order made under this section, and either or both of section 94 and section 95 (as relevant) then apply as if the lawyer's name were removed from the interstate roll when the revocation takes effect.
(5) This section does not affect action being taken in relation to the lawyer under other provisions of this Act.