LEGAL PROFESSION ACT 1987 - SECT 38FG Commissioner may take action

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 38FG

38FG Commissioner may take action

(1) The Commissioner may, at any time, take over the determination of a matter under section 38FC from a Council.

(2) The Commissioner must take over the determination of a matter under section 38FC from a Council if the Council has not made the determination within the relevant period.

(3) If the Commissioner takes over the determination of a matter from a Council:

(a) the Council is not required to make a determination in relation to the matter and is to cease to deal with the matter unless otherwise directed by the Supreme Court in an order under section 38FH (4), and

(b) the Commissioner may exercise any of the powers of the Council under this Division in relation to the matter (other than a refusal to issue a practising certificate), including powers under sections 38FD and 38FE if those powers are exercised in relation to a failure or contravention that is relevant to the matter, and

(c) the Commissioner may give a direction to the Council to refuse to issue a practising certificate to the legal practitioner concerned.

(4) If the Commissioner gives a direction that the Council is to refuse to issue a practising certificate to a particular legal practitioner, the Council must refuse to issue the practising certificate.

(5) The Commissioner may, in such a direction, specify a period during which the Council is not to issue the practising certificate.

(6) If the Commissioner takes over the determination of a matter under section 38FC from a Council, the Council is to provide any assistance required by the Commissioner to investigate the matter (including copies of or access to all documents held by the Council that relate to the matter or are required for the purpose of investigating the matter).