Northern Territory Consolidated Acts Northern Territory Consolidated Acts47. Suitability to hold local practising certificate
(1) This section has effect for section 54 or another provision of this Act if the question of whether or not a person is a fit and proper person to hold a local practising certificate is relevant.
(2) The Law Society may, in considering whether or not a person is a fit and proper person to hold a local practising certificate, take into account any suitability matter relating to the person and any of the following, whether happening before or after the commencement of this section:
(a) whether the person obtained an Australian practising certificate because of incorrect or misleading information;
(b) whether the person has contravened a condition of an Australian practising certificate held by the person;
(c) whether the person has contravened this Act or a corresponding law or the regulations or legal profession rules under this Act or a corresponding law;
(d) whether the person has contravened:
(i) an order of the Disciplinary Tribunal; or
(ii) an order of a corresponding disciplinary body or of another court or tribunal of another jurisdiction exercising jurisdiction or powers by way of appeal or review of an order of a corresponding disciplinary body;
(e) without limiting any other paragraph:
(i) whether the person has failed to pay a required contribution or levy to the Fidelity Fund; or
(ii) whether the person has contravened a requirement of, or imposed under, this Act about professional indemnity insurance; or
(iii) whether the person has failed to pay other costs or expenses for which the person is liable under this Act;
(f) other matters the Society considers appropriate.
(3) A person may be considered a fit and proper person to hold a local practising certificate even though the person is within any of the categories of the matters referred to in subsection (2), if the Society considers the circumstances warrant the decision.
(4) A matter cannot be taken into account as a ground for refusing to grant or renew or for suspending or cancelling a local practising certificate if the matter was:
(a) disclosed in an application for admission to the legal profession in this or another jurisdiction; and
(b) decided by a Supreme Court or by the Admission Board or a corresponding authority not to be sufficient for refusing admission.
(5) Subsection (4) does not apply if later disclosures demonstrate the matter is part of a course of conduct that may warrant refusal, suspension or cancellation.
Note for section 47
Under section 94, the Admission Board may obtain a police report about the applicant's criminal history. Also, under section 95, the Admission Board may require the applicant to undergo a health assessment.