LEGAL PROFESSION ACT 2007 - SECT 185 Refusal to grant or renew registration

LEGAL PROFESSION ACT 2007 - SECT 185

185 Refusal to grant or renew registration

(1) The law society may refuse to consider an application that purports to be an application if it is not made under this Act.

(2) The law society may refuse to grant or renew an applicant’s registration if—

(a) the application is not accompanied by, or does not contain, the information required under this part; or

(b) the applicant has contravened this Act or a corresponding law; or

(c) the applicant has contravened an order of a disciplinary body or a corresponding disciplinary body, including but not limited to an order to pay any fine or costs; or

(d) the applicant has contravened an order of a regulatory authority of any jurisdiction to pay any fine or costs; or

(e) the applicant has failed to comply with a requirement under this Act to pay a contribution to, or levy for, the fidelity fund; or

(f) the applicant has contravened a requirement under this Act about professional indemnity insurance; or

(g) the applicant has failed to pay any expenses of external intervention payable under this Act; or

(h) the applicant’s foreign legal practice is in receivership (however described).

(3) The law society may refuse to grant or renew an applicant’s registration if the regulatory authority of another jurisdiction has under a corresponding law—

(a) refused to grant or renew the applicant’s registration; or

(b) suspended or cancelled the applicant’s registration.

(4) The law society may refuse to grant registration if satisfied that the applicant is not a fit and proper person to be registered after considering—

(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section; and

(b) how long ago the offence was committed; and

(c) the person’s age when the offence was committed.

(5) The law society may refuse to renew registration if satisfied that the applicant is not a fit and proper person to continue to be registered after considering—

(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, other than an offence disclosed in a previous application to the law society; and

(b) how long ago the offence was committed; and

(c) the person’s age when the offence was committed.

(6) The law society may refuse to grant or renew registration on any ground on which registration could be suspended or cancelled.

(7) If the law society refuses to grant or renew an application for registration as a locally registered foreign lawyer under this section—

(a) the law society must give the person an information notice about the law society’s decision; and

(b) the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.

(8) Nothing in this section affects the operation of division 7 .