LEGAL PROFESSION ACT 2007 - SECT 46 Suitability to hold local practising certificate

LEGAL PROFESSION ACT 2007 - SECT 46

46 Suitability to hold local practising certificate

(1) This section has effect for the purposes of section 51 and any other provision of this Act where the question of whether or not a person is a fit and proper person to hold, or to continue to hold, a local practising certificate is relevant.

(2) A regulatory authority of this jurisdiction, in considering whether a person is, or is no longer, a fit and proper person to hold a local practising certificate, may 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 a relevant law or a corresponding law;

(d) whether the person has contravened—

(i) an order of a disciplinary body or the Supreme Court; or

(ii) an order of a corresponding disciplinary body, or of a 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, whether the person has failed to pay an amount for which the person is or was liable under a relevant law or a corresponding law, including, for example, an amount payable to the fidelity fund or other costs or expenses for which the person is liable under a relevant law;

(f) whether, without limiting paragraph (e) , the person has contravened a provision of a relevant law or a corresponding law about professional indemnity insurance;

(g) whether the person is or was a legal practitioner director of an incorporated legal practice while the practice is or was insolvent;

(h) whether the person is or was a director of a corporation while the corporation is or was insolvent;

(i) other matters the authority thinks are appropriate.

(3) A person may be considered a fit and proper person to hold, or to continue to hold, a local practising certificate even though the person is within any of the categories of the matters mentioned in subsection (2) , if the relevant authority considers that the circumstances warrant the decision.

(4) If a matter was—

(a) disclosed in an application for admission to the legal profession in this or another jurisdiction; and

(b) decided by the Supreme Court or the board, or a Supreme Court of another jurisdiction or corresponding authority of another jurisdiction corresponding to the board, not to be sufficient for refusing admission to the legal profession;

the matter can not be taken into account as a ground for refusing to grant or renew, or for suspending or cancelling, a local practising certificate, but the matter may be taken into account when considering other matters in relation to the person concerned.