LEGAL PROFESSION ACT 2007 - SECT 26
Associates who are disqualified or convicted persons
LEGAL PROFESSION ACT 2007 - SECT 26
Associates who are disqualified or convicted persons
26 Associates who are disqualified or convicted persons
(1) A law practice must not have a lay associate whom any principal or legal
practitioner associate of the practice knows to be either of the following
unless the lay associate is approved by the law society under subsection (2)
—
(a) a disqualified person;
(b) a person who has been convicted of a
serious offence.
(2) The law society may, on application, approve a person as
a lay associate for this section.
(3) An approval under this section may be
subject to stated conditions.
(4) If the law society refuses an application
mentioned in subsection (2) or imposes a condition on the approval—
(a) the
law society must give the applicant an information notice about the decision
to refuse the application or to impose the condition; and
(b) the applicant
may apply, as provided under the QCAT Act , to the tribunal for a review of
the decision.
(5) A disqualified person, or a person convicted of a serious
offence, must not seek to become a lay associate of a law practice unless the
person first informs the law practice of the disqualification or conviction.
Penalty—
Maximum penalty—200 penalty units.
(6) This section does
not apply in circumstances prescribed under a regulation.
(7) In this
section—
"lay associate" , in relation to a law practice, includes a consultant to the
law practice, however described—
(a) who is not an Australian legal
practitioner; and
(b) who provides legal or related services to the law
practice, other than services prescribed under a regulation.
Note—
The
term ‘lay associate’ is also defined in section 7(3) .
