New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 48

48 Grant or renewal of local practising certificate

(1) The appropriate Council must consider an application that has been made for the grant or renewal of a local practising certificate and may:

(a) grant or refuse to grant the certificate, or

(b) renew or refuse to renew the certificate.

(1A) The appropriate Council may, when granting or renewing a certificate, impose conditions as referred to in section 50 (Conditions imposed by Council).

(2) The Council may refuse:

(a) to consider an application if:

(i) it is not made in accordance with this Act, the regulations or the legal profession rules, or

(ii) the required fees and costs have not been paid, or

(iii) further information has not been provided as required under section 46 (5), or

(b) to grant or renew a local practising certificate if the applicant has not complied with the regulations or the legal profession rules in relation to the application.

(3) The Council must not grant a local practising certificate unless it is satisfied that the applicant:

(a) was eligible to apply for the grant when the application was made, and

(b) is a fit and proper person to hold the certificate.

Note: Section 42 (Suitability to hold local practising certificate) deals with the question of whether or not a person is a fit and proper person to hold a practising certificate.

(4) The Council must not renew a local practising certificate if it is satisfied that the applicant:

(a) was not eligible to apply for the renewal when the application was made, or

(b) is not a fit and proper person to continue to hold the certificate.

(5) The Council must not grant or renew a local practising certificate if the Council considers the applicant’s circumstances have changed since the application was made and the applicant would (having regard to information that has come to the Council’s attention) not have been eligible to make the application when the application is being considered.

(6) Without limiting any other provision of this section, the Council may refuse to grant or renew a local practising certificate if a finding of unsatisfactory professional conduct or professional misconduct has been made in respect of the applicant and:

(a) a fine imposed because of the finding has not been paid, or

(b) costs awarded against the applicant because of the finding have been assessed but have not been paid or, if an arrangement for their payment has been made, the applicant is in default under the arrangement.

(7) Without limiting any other provision of this section, the Council may refuse to grant or renew a local practising certificate if:

(a) any costs of an investigation or examination payable under Part 3.1 by or in respect of the applicant have not been paid, or

(b) any fees, costs or expenses of external intervention payable under Chapter 5 by or in respect of the applicant have not been paid, or

(c) the applicant is required by this Act to contribute to the Indemnity Fund and the application is not accompanied by the contribution payable under that section, or

(d) the applicant is required by this Act to contribute to the Fidelity Fund and the application is not accompanied by the contribution payable under that section, or

(e) any levy payable by the applicant under Part 3.3 or 3.4 or Schedule 7 is unpaid, or

(f) the required application fees and costs have not been paid.

(8) Without limiting any other provision of this section, the Council may refuse to grant or renew a local practising certificate on any ground on which the local practising certificate could be suspended or cancelled.

(9) Without limiting any other provision of this section, the Bar Council may refuse to grant a local practising certificate for a barrister if the applicant has not successfully completed any examination required by the Bar Council to be passed as a prerequisite to undertaking a reading program.

(10) This section does not affect any other provision of this Act that provides for the refusal to grant a local practising certificate.

Note: Sections 403 and 406 provide for the refusal to grant a local practising certificate if any required professional indemnity insurance has not been obtained. Section 485 provides for the refusal to grant a local practising certificate if any required fidelity cover in respect of regulated mortgages has not been obtained.

(11) If the Council grants or renews a local practising certificate, the Council must, as soon as practicable, give the applicant:

(a) for the grant of a certificate-a local practising certificate, or

(b) for the renewal of a certificate-a new local practising certificate.

(12) If the Council refuses to grant or renew a local practising certificate, the Council must, as soon as practicable, give the applicant an information notice.

(13) If an application made for the grant of a local practising certificate is not determined within:

(a) 3 months after the application is made, unless paragraph (b) applies, or

(b) the required period referred to in section 68 (Investigation and consideration of show cause event), if that section applies in relation to the applicant,

the application is deemed to have been refused.