New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 18

18 Prohibition on employment of certain lay associates

(1) This section applies to a person who is not an Australian legal practitioner and who is or was a lay associate of a law practice that:

(a) engages in legal practice principally in this jurisdiction, or

(b) employs or employed the person to work principally in this jurisdiction,

and so applies whether or not the law practice subsequently ceased to exist or engage in legal practice principally in this jurisdiction and whether or not any person ceases, by death or otherwise, to be a legal practitioner associate of the law practice.

(2) On application by a Council, the Tribunal may make an order prohibiting (without approval under section 17 (Associates who are disqualified or convicted persons)) any law practice from employing or paying in connection with the legal practice engaged in by the law practice a specified person to whom this section applies, if:

(a) the Tribunal is satisfied that the person is not a fit and proper person to be employed or paid in connection with that legal practice, or

(b) the Tribunal is satisfied that the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct.

(3) An order under this section may apply to a specified law practice or specified class of law practices or may apply to law practices generally.

(4) An order under this section may be revoked by the Tribunal on application by a Council or the person against whom the order was made.