New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 70

70 No decision in required period-suspension of practising certificate and referral to Commissioner

(1) If the appropriate Council has not determined a matter under section 68 (Investigation and consideration of show cause event) within the required period under that section:

(a) the Commissioner must take over the determination of the matter under that section from the Council, and

(b) if the matter concerns the holder of a local practising certificate, the local practising certificate of the holder concerned is suspended.

Note: Subsection (1) extends to an applicant for a local practising certificate but the rest of this section applies only to the holder of a local practising certificate that is suspended under subsection (1).

(2) A suspension imposed by this section remains in force (unless the Tribunal orders its removal sooner) until:

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

(b) the appropriate Council has given effect to any other decision of the Commissioner as required by section 72 (Council to implement decisions under this Division).

(3) The holder whose local practising certificate is suspended by this section may make an application to the Tribunal to remove the suspension. The decision of the Tribunal on the application is an original decision for the purposes of the Administrative Decisions Tribunal Act 1997 .

(4) When dealing with such an application, the Tribunal may make any one or more of the following orders:

(a) an order removing the suspension on the grounds that the holder is a fit and proper person to hold a local practising certificate,

(b) an order continuing the suspension for a specified period,

(c) an order that specified conditions be imposed on the holder’s local practising certificate for a specified period,

(d) an order that the appropriate Council cancel the holder’s local practising certificate on the ground that the holder is not a fit and proper person to hold a local practising certificate,

(e) an order that the Commissioner suspend any investigation or determination of the matter pending the Tribunal’s decision on the application.

(5) The Commissioner may investigate and determine a matter under this Division and exercise powers under this Division in relation to the matter despite a suspension under this section of the local practising certificate concerned unless the Tribunal otherwise orders under this section.

(6) The Commissioner and a Council are to give effect to any order of the Tribunal under this section.