New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 68

68 Investigation and consideration of show cause event

(1) On becoming aware of the happening of a show cause event in relation to an applicant or holder, the appropriate Council must investigate and determine within the required period whether the applicant or holder is a fit and proper person to hold a local practising certificate.

(2) The appropriate Council must within 28 days of becoming aware of the happening of the show cause event give notice in writing to the applicant or holder:

(a) if the Council has not received a statement under section 66 or 67 in relation to the show cause event, requiring the applicant or holder to provide the required statement, and

(b) informing the applicant or holder that a determination in relation to the matter is required to be made under this Division, and

(c) informing the applicant or holder of the required period under this section in relation to the determination of the matter and that the applicant or holder will be notified of any extension of that period, and

(d) informing the applicant or holder of the effect of the automatic suspension provisions in section 70 in the event of the matter not being determined by the Council or the Commissioner within the required period.

(3) The appropriate Council must determine the matter by:

(a) deciding that the applicant or holder is a fit and proper person to hold a local practising certificate, or

(b) deciding that the applicant or holder is not a fit and proper person to hold a local practising certificate, or

(c) deciding that the applicant or holder is a fit and proper person to hold a local practising certificate but that it is appropriate to impose conditions on the applicant’s or holder’s local practising certificate for a specified period.

(4) In investigating and determining a matter under this section the appropriate Council:

(a) is not limited to investigating and making its determination on the basis of just the show cause event concerned, and

(b) must have regard to the facts and circumstances that surround, arise in connection with, relate to or give rise to the show cause event concerned.

(5) For the purposes of this section, the "required period" within which the matter must be determined is the period of 3 months (or 4 months if the Commissioner decides in a particular case to extend the period) commencing on:

(a) the date on which the appropriate Council receives a written statement under section 66 or 67 in relation to the show cause event, or

(b) if the appropriate Council has not received a written statement as referred to in paragraph (a) when it gives a notice under subsection (2) to the applicant or holder, the date specified in the notice as the date of issue of the notice.

(6) If the Commissioner extends a period under subsection (5), the Commissioner must give notice in writing to the applicant or holder concerned of the extension of the period.

(7) The appropriate Council is not required to deal with a matter under this section if the matter has previously been the subject of investigation and determination under this section.

(8) The appropriate Council must give the applicant or holder an information notice about a decision under subsection (3) (b) or (c). The Commissioner must give that notice if the Commissioner makes the decision in the exercise of the functions of the Council under section 71 (Commissioner taking over determination of matter).