LEGAL PROFESSION ACT 1987 - SECT 38FB Requirements to show cause--bankruptcy, indictable offences, tax offences and failures to notify

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 38FB

38FB Requirements to show cause--bankruptcy, indictable offences, tax offences and failures to notify

(1) An applicant for a practising certificate who, since being admitted as a legal practitioner:

(a) has committed an act of bankruptcy, or

(b) has been found guilty of an indictable offence or a tax offence,

must provide a written statement, in accordance with the regulations, showing why, despite the act of bankruptcy or finding of guilt and any circumstances surrounding the act or finding, the applicant considers that he or she is a fit and proper person to hold a practising certificate.

(2) An applicant for a practising certificate who has failed to notify a matter as required by the regulations (being a failure declared by the regulations to be professional misconduct) must provide a written statement, in accordance with the regulations, showing why, despite the failure to notify, the applicant considers that he or she is a fit and proper person to hold a practising certificate.

(3) A barrister or solicitor who, since being admitted as a legal practitioner:

(a) has committed an act of bankruptcy, or

(b) has been found guilty of an indictable offence or a tax offence,

must provide a written statement, in accordance with the regulations, showing why, despite the act of bankruptcy or finding of guilt and any circumstances surrounding the act or finding, the barrister or solicitor considers that he or she is a fit and proper person to hold a practising certificate.

(4) A barrister or solicitor who fails to notify a matter as required by the regulations (being a failure declared by the regulations to be professional misconduct) must provide a written statement, in accordance with the regulations, showing why, despite the failure to notify, the barrister or solicitor considers that he or she is a fit and proper person to hold a practising certificate.

(5) A person is not required to comply with subsection (1), (2), (3) or (4) if the person has previously provided a written statement in accordance with this section to the appropriate Council showing why, despite the act of bankruptcy, finding of guilt or failure to notify concerned, the person considers that he or she is a fit and proper person to hold a practising certificate.

(6) Subsections (1) and (3) extend to acts of bankruptcy occurring before the commencement of this section.

(7) This section:

(a) applies to an indictable offence or a tax offence whether or not committed in the course of practice as a barrister or solicitor, and

(b) applies to a finding of guilt of an indictable offence or a tax offence whether or not the court proceeded to a conviction for the offence, and

(c) applies to an indictable offence committed in New South Wales or to an offence committed outside New South Wales (so long as it would have been an indictable offence if committed in New South Wales), and

(d) applies to a tax offence committed in or outside New South Wales, and

(e) applies to a finding of guilt of an indictable offence or a tax offence even if other persons are prohibited from disclosing the identity of the offender, and

(f) extends to an indictable offence or a tax offence committed before the commencement of this section (and so extends whether the finding of guilt was made before or after that commencement).