New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 67

67 Holder of local practising certificate-show cause event

(1) This section applies to a show cause event that happens in relation to a person (referred to in this Division as "the holder") who is the holder of a local practising certificate.

(2) The holder must provide to the appropriate Council both of the following:

(a) within 7 days after the happening of the event-written notice that the event happened,

(b) within 28 days after the happening of the event-a written statement explaining why, despite the show cause event, the person 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) If a written statement is provided after the 28 days mentioned in subsection (2) (b), the appropriate Council may accept the statement and take it into consideration.

(5) A Council must, within 7 days after receiving a notice or statement from a local practitioner under this section, provide a copy of the notice or statement to the Commissioner.

(6) A Council may cancel or suspend a local practising certificate if the holder:

(a) is required by this section to provide notice or a written statement about a show cause event and has failed to provide the notice or 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 holder has failed to show in the statement that the holder 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.

(7) If a Council cancels or suspends a local practising certificate under subsection (6), the Council is not required to exercise its functions under section 68 in relation to the matter.