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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 19 Compliance certificates

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 19

Compliance certificates

19 Compliance certificates

(1) A person may apply, in accordance with the Admission Rules, to the designated local regulatory authority for a compliance certificate if the person proposes to be admitted in this jurisdiction.
Note: Section 474(2) contemplates that jurisdictional legislation may fix fees for payment in relation to any function of the Supreme Court, the designated tribunal or a local regulatory authority under this Law or the Uniform Rules. This could, for example, extend to processing an application for a compliance certificate.
(2) The designated local regulatory authority may require an applicant for a compliance certificate to provide further information to it within a specified time.
(3) The designated local regulatory authority may issue and provide to the Supreme Court a compliance certificate stating that the applicant has satisfied it that he or she--
(a) has satisfied the specified academic qualifications prerequisite and the specified practical legal training prerequisite (or is exempted under section 18); and
(b) is a fit and proper person to be admitted to the Australian legal profession (as referred to in section 17(1)(c)).
(4) The designated local regulatory authority may revoke a compliance certificate issued in respect of a person if satisfied that the certificate was issued on the basis of information provided by the person that was false, misleading or incomplete in a material particular or that the certificate was issued in error. The designated local regulatory authority must notify the person of the revocation of the compliance certificate.
(5) However, revocation of a compliance certificate under this section does not of itself affect the person's admission if he or she is already admitted.
(6) The designated local regulatory authority must ensure that notice is given, in accordance with the Admission Rules, on an appropriate website of an application for admission.
(7) Any person may object to the designated local regulatory authority against the issue by it of a compliance certificate to a particular person.
(8) The designated local regulatory authority is not to issue a compliance certificate until after it--
(a) has given notice under subsection (6) of the application; and
(b) has afforded a reasonable opportunity for persons to object to the issue of the certificate; and
(c) has--
(i) given the applicant a copy of each objection that is received within a reasonable period and that the designated local regulatory authority considers affects the applicant's eligibility or suitability for admission; and
(ii) afforded the applicant an opportunity to respond to each objection referred to in subparagraph (i) within a reasonable period specified by the designated local regulatory authority and notified to the applicant; and
(d) has considered all objections received within a reasonable period as contemplated by paragraph (b) and all responses received from the applicant within the specified period as contemplated by paragraph (c).
(9) Failure to give notice under subsection (6), or to give notice in accordance with the Admission Rules, does not affect the validity of the applicant's admission.