New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 42

42 Suitability to hold local practising certificate

(1) This section has effect for the purposes of section 48 (Grant or renewal of local practising certificate) or any other provision of this Act where the question of whether or not a person is a fit and proper person to hold a local practising certificate is relevant.

(2) A Council may, in considering whether or not the person is a fit and proper person to hold a local practising certificate, take into account any suitability matter relating to the person, and any of the following, whether happening before or after the commencement of this section:

(a) whether the person obtained an Australian practising certificate because of incorrect or misleading information,

(b) whether the person has contravened a condition of an Australian practising certificate held by the person,

(c) whether the person has contravened this Act or a corresponding law or the regulations or legal profession rules under this Act or a corresponding law,

(d) whether the person has contravened:

(i) an order of the Tribunal, or

(ii) an order of a corresponding disciplinary body or of another court or tribunal of another jurisdiction exercising jurisdiction or powers by way of appeal or review of an order of a corresponding disciplinary body,

(e) without limiting any other paragraph:

(i) whether the person has failed to pay a required contribution or levy to the Fidelity Fund, or

(ii) whether the person has contravened a requirement imposed by a Council about professional indemnity insurance, or

(iii) whether the person has contravened a requirement of this Act or the regulations about trust money, or

(iv) whether the person has failed to pay other costs, expenses or fines for which the person is liable under this Act or the regulations,

(f) other matters the Council thinks appropriate.

(3) A person may be considered a fit and proper person to hold a local practising certificate even though the person is within any of the categories of the matters referred to in subsection (2), if the Council considers that the circumstances warrant the determination.

(4) If a matter was:

(a) disclosed in an application for admission to the legal profession in this or another jurisdiction, and

(b) determined by a Supreme Court or by the Admission Board or a corresponding authority not to be sufficient for refusing admission,

the matter cannot be taken into account as a ground for refusing to grant or renew or for suspending or cancelling a local practising certificate unless the matter was a pre-admission event (whether it happened before or after the commencement of this section), but the matter may be taken into account when considering other matters in relation to the person concerned.

(5) A Council may decide to take no action or no further action in connection with a pre-admission event, if satisfied that it is appropriate to do so given the passage of time and other circumstances the Council considers relevant.