LEGAL PROFESSION ACT 2004 - SCHEDULE 2

This legislation has been repealed.

LEGAL PROFESSION ACT 2004 - SCHEDULE 2

SCHEDULE 2 – Legal Profession Admission Board

(Section 680 (3))

1 Reserve members

(1) For each member of the Admission Board, one or more reserve members may be nominated to act in the office of the member during the member's illness or absence, and the reserve member, while so acting, has and may exercise all the functions of the member and is taken to be a member of the Admission Board.

(2) For a member who is the Attorney General or a nominee of the Attorney General, the reserve member or members may be nominated by the Attorney General.

(3) For any other member, the reserve member or members are to be nominated by the person or body that nominated the member and must be qualified for nomination in the same way as the member.

(4) A person may be removed, by the nominating person or body, from any office for which the person was nominated under this clause.

2 Personal liability

(1) Subject to subclause (2), a matter or thing done or omitted to be done by:

(a) the Admission Board, or

(b) a member of the Admission Board, or

(c) any person acting under the direction of the Admission Board,

does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing the Admission Board's functions, subject the member or a person so acting personally to any action, liability, claim or demand.

(2) A judicial member of the Admission Board is, in the exercise of the member's functions under Part 2.3 of this Act, to have the same protection and immunity as a Judge of the Supreme Court.

3 General procedure

The procedure for the calling of meetings of the Admission Board and for conduct of business at those meetings is, subject to this Act, to be as determined by the Board.

4 Quorum

The quorum for a meeting of the Admission Board is 6 members including the member presiding at the meeting.

5 Nomination of presiding and deputy presiding member

The Chief Justice of New South Wales may from time to time nominate one of the judicial members of the Admission Board to be the presiding member of the Board and another of the judicial members of the Board to be the deputy presiding member of the Board.

6 Presiding member

(1) The Chief Justice of New South Wales is to preside at a meeting of the Admission Board if electing to be present and electing to preside.

(2) Otherwise:

(a) the presiding member, or

(b) in the absence of the presiding member--the deputy presiding member, or

(c) in the absence of both--a member elected by and from the members present and voting,

is to preside at the meeting.

(3) The member presiding at a meeting of the Admission Board has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

7 Voting

A decision supported by a majority of the votes cast at a meeting of the Admission Board at which a quorum is present is the decision of the Board.

8 Minutes

The Admission Board is to cause full and accurate minutes to be kept of the proceedings of each meeting of the Board.

9 Seal

The regulations may make provision for or with respect to the custody and use of the seal of the Admission Board.