New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 66

66 Applicant for local practising certificate-show cause event

(1) This section applies if:

(a) a person (referred to in this Division as "the applicant") is applying for the grant of a local practising certificate, and

(b) a show cause event in relation to the person happened, whether before or after the commencement of this section and whether before or after the person was first admitted to the legal profession in this or another jurisdiction.

(2) As part of the application, the applicant must provide to the appropriate Council a written statement:

(a) about the show cause event, and

(b) explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to hold a local practising certificate.

(3) A contravention of subsection (2) is professional misconduct.

(4) However, the applicant need not provide a statement under subsection (2) if the applicant (as a previous applicant for a local practising certificate or as the holder of a local practising certificate previously in force) has previously provided to the appropriate Council:

(a) a statement under this section, or

(b) a notice and statement under section 67,

explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to hold a local practising certificate.

(5) If the show cause event is a pre-admission event, the appropriate Council may decide to take no action under this Division in connection with the event, if satisfied that it is appropriate to do so given the passage of time and other circumstances the Council considers relevant (in which case the Council is not required to investigate and determine the matter under section 68).

(6) A Council must, within 7 days after receiving a written statement from the applicant under this section about a show cause event, provide a copy of the statement to the Commissioner.

(7) A Council may refuse to grant a local practising certificate if the applicant:

(a) is required by this section to provide a written statement about a show cause event and has failed to provide the statement in accordance with this section, or

(b) has provided a written statement in accordance with this section but, in the opinion of the Council, the applicant has failed to show in the statement that the applicant is a fit and proper person to hold a practising certificate, or

(c) has failed without reasonable excuse to comply with a requirement under Chapter 6 (Provisions relating to investigations) made in connection with an investigation of the show cause event concerned or has committed an offence under that Chapter in connection with any such investigation.

(8) If a Council refuses to grant a local practising certificate under subsection (7) to an applicant, the Council is not required to exercise its functions under section 68 in relation to the application.