LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 23
Removal from Supreme Court roll
LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 23
Removal from Supreme Court roll
23 Removal from Supreme Court roll
(1) The Supreme Court may order the removal of the name and other particulars
of a person from the Supreme Court roll, on--
(a) its own motion; or
(b) the
recommendation of the designated local regulatory authority; or
(c) the
recommendation of the designated tribunal.
(2) The designated local roll
authority must remove a person's name from the Supreme Court roll (the
"relevant roll" ) if satisfied that the person's name has been removed from
the Supreme Court roll for another jurisdiction (the
"other roll" ) and no order referred to in subsection (3) is, at the time of
that removal, in force in relation to it.
(3) The Supreme Court may, on
application by a person who reasonably expects that his or her name will be
removed from the other roll, order that his or her name not be removed from
the relevant roll under subsection (2), if the Supreme Court is satisfied
that--
(a) the person's name is likely to be removed from the other roll; and
(b) the reason for the removal of the name will not involve disciplinary
action or the possibility of disciplinary action--
or may refuse to make an
order.
(4) An order under subsection (3) may be made subject to any
conditions the Supreme Court considers appropriate and remains in force for
the period specified in it.
(5) The Supreme Court may revoke an order made
under subsection (3), and subsection (2) then applies as if the person's name
were removed from the other roll when the revocation takes effect.
(6) The
designated local roll authority--
(a) may, but need not, give the person
notice of the date on which the authority proposes to remove the name from the
relevant roll; and
(b) must, as soon as practicable, give the person notice
of the removal of the name from the relevant roll, unless notice of the date
of the proposed removal was previously given.
(7) The person's name is, on
his or her application to the designated local roll authority or on the
designated local roll authority's own initiative, to be restored to the
relevant roll if the name is restored to the other roll.
(8) Nothing in this
section prevents a person whose name is removed from the relevant roll from
afterwards applying for admission under this Part.
Notes:
1 Section 461(2)
contains additional provisions relating to the removal of a person's name from
the Supreme Court roll.
2 Removal of a person's name from a Supreme Court
roll results in the person becoming a disqualified person.
