LEGAL PROFESSION ACT 1987 - SECT 37 Refusal, suspension or cancellation of practising certificate generally

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 37

37 Refusal, suspension or cancellation of practising certificate generally

(1) A Council may refuse to issue, may cancel or may suspend a practising certificate if the applicant or holder:

(a) is required by the Council to explain specified conduct (whether or not related to practice as a barrister or solicitor) that the Council considers may indicate that the applicant or holder is not a fit and proper person to hold a practising certificate and fails, within the period specified by the Council, to give an explanation satisfactory to the Council, or

(b) has, in the opinion of the Council, failed to comply with a condition attached to the certificate, or

(c) has contravened an order made in respect of the applicant or holder by the Tribunal, or

(d) is a disqualified person within the meaning of section 48K, or

(e) has had the applicant's or holder's right to practise as a solicitor and barrister, barrister or legal practitioner in another State or a Territory suspended or cancelled, or

(f) has contravened a provision of this Act, or

(g) is in prison.

(1A) Subsection (1) (a) extends to pre-admission events occurring in relation to an applicant for or holder of a practising certificate, whether the events occurred before or after the commencement of this subsection.

(1B) Without limiting subsection (1), a Council may decide to take no action or no further action in connection with a pre-admission event occurring in relation to an applicant for or holder of a practising certificate, if satisfied that it is appropriate to do so given the passage of time and other circumstances the Council considers relevant.

(2) If a Council acts under this section and, within 14 days after being notified of the action, the applicant or holder requires the Council to state its reasons for the action, the Council must comply with the requirement without delay.