New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 61

61 Amending, suspending or cancelling local practising certificates

(1) If the appropriate Council believes a ground exists to amend, suspend or cancel a local practising certificate (the "proposed action"), the Council must give the holder a notice that:

(a) states the proposed action and:

(i) if the proposed action is to amend the certificate-states the proposed amendment, and

(ii) if the proposed action is to suspend the certificate-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 Council’s belief, and

(d) invites the holder to make written representations to the Council within a specified time of 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 and, in its discretion, written representations made after the specified time, the Council still believes a ground exists to take the proposed action, the Council may:

(a) if the notice under subsection (1) stated the proposed action was to amend the practising certificate-amend the certificate in the way stated or in a less onerous way the Council considers appropriate because of the representations, or

(b) if the notice stated the proposed action was to suspend the practising certificate for a specified period:

(i) suspend the certificate for a period no longer than the specified period, or

(ii) amend the certificate in a less onerous way the Council considers appropriate because of the representations, or

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

(i) cancel the certificate, or

(ii) suspend the certificate for a period, or

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

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

(4) The Council must give the person notice of its decision.

(5) If the Council decides to amend, suspend or cancel the practising certificate, the Council must give the holder an information notice about the decision.

(6) In this section, "amend" a certificate means amend the certificate under section 50 during its currency, other than at the request of the holder of the certificate.