New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 36

36 Compliance certificates

(1) The Admission Board is to complete its processing of an application for admission by giving a compliance certificate under this section for the applicant or by refusing to give such a certificate.

(2) If, after considering an application for admission, the Admission Board considers:

(a) the applicant:

(i) is eligible for admission, and

(ii) is a fit and proper person to be admitted, and

(b) the application is made in accordance with any applicable admission rules and the applicant has complied with any applicable requirements of the admission rules, and

(c) there are no grounds for refusing to give a certificate for the applicant,

the Board must, within 7 days of its decision or within the time specified in or determined in accordance with the admission rules, advise the Supreme Court to that effect by filing with the Prothonotary a certificate in the approved form (a "compliance certificate").

(3) The Admission Board must refuse to give a compliance certificate for an applicant unless the Board is satisfied that the applicant:

(a) is eligible for admission, and

(b) is a fit and proper person to be admitted.

(4) The Admission Board may refuse to give a compliance certificate for an applicant if it is not satisfied that:

(a) the application is made in accordance with the admission rules, or

(b) the applicant has complied with any applicable requirements of the admission rules.

(5) If the Admission Board refuses to give a compliance certificate for the applicant, the Board must, as soon as practicable after its decision or within the time specified in or determined in accordance with the admission rules, give the Prothonotary and the applicant an information notice about the refusal.

(6) For the purposes of section 28 (1), the Admission Board is taken to have refused to give a compliance certificate for an applicant if a compliance certificate has been neither given nor refused for the applicant within 6 months after:

(a) the application for admission was lodged, or

(b) if the Board has given the applicant a notice under section 37 (1)-the applicant has complied with the notice to the Board’s satisfaction.