New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 209

209 Amending, suspending or cancelling registration

(1) If the domestic registration authority believes a ground exists to amend, suspend or cancel a person’s registration by it as a foreign lawyer (the "proposed action"), the authority must give the person a notice that:

(a) states the proposed action and:

(i) if the proposed action is to amend the registration in any way-states the proposed amendment, and

(ii) if the proposed action is to suspend the registration-states the proposed suspension period, and

(b) states the grounds for proposing to take the proposed action, and

(c) outlines the facts and circumstances that form the basis for the authority’s belief, and

(d) invites the person to make written representations to the authority, within a specified time not less than 7 days and not more than 28 days, as to why the proposed action should not be taken.

(2) If, after considering all written representations made within the specified time, the domestic registration authority still believes grounds exist to take the action, the authority may:

(a) if the notice under subsection (1) stated the proposed action was to amend the registration-amend the registration in the way specified or in another way the authority considers appropriate because of the representations, or

(b) if the notice stated the action proposed was to suspend the registration for a specified period-suspend the registration for a period no longer than the specified period, or

(c) if the notice stated the action proposed was to cancel the registration:

(i) cancel the registration, or

(ii) suspend the registration for a period, or

(iii) amend the registration in a less onerous way the authority considers appropriate because of the representations.

(3) The domestic registration authority may, at its discretion, consider representations made after the specified time.

(4) The domestic registration authority must give the person notice of the authority’s decision.

(5) If the domestic registration authority decides to amend, suspend or cancel the registration, the authority must give the person an information notice about the decision.

(6) In this section, "amend" registration means amend the registration under section 224 during its currency, otherwise than at the request of the foreign lawyer concerned.