LEGAL PROFESSION ACT 2007 - SECT 63 Immediate amendment or suspension of local practising certificate

LEGAL PROFESSION ACT 2007 - SECT 63

63 Immediate amendment or suspension of local practising certificate

(1) This section applies if the relevant regulatory authority in relation to a local legal practitioner considers it necessary in the public interest to take action under this section in relation to that legal practitioner, whether or not action in relation to the legal practitioner has been started otherwise than under this division or division 7 .

(2) The relevant regulatory authority may immediately amend a local practising certificate of the legal practitioner to provide for either of the following—

(a) imposing or amending conditions about controlling or otherwise regulating conditions about the legal practitioner’s trust account;

(b) suspending stated operations in relation to the certificate holder’s trust account or directing the certificate holder not to operate the account.

(3) The relevant regulatory authority may immediately suspend the local practising certificate of the legal practitioner for any of the following reasons, whether it happened before or after the commencement of this section—

(a) there is a show cause event in relation to the legal practitioner;

(b) the regulatory authority believes there is any ground mentioned in section 60 that would justify the suspension or cancellation of the local practising certificate under section 61 ;

(c) any other ground that the regulatory authority considers warrants suspension of the local practising certificate in the public interest.

(4) The relevant regulatory authority amends or suspends a local practising certificate by giving an information notice to the local legal practitioner about the regulatory authority’s decision to amend or suspend.

(5) The information notice must also state that the local legal practitioner may make written representations to the regulatory authority about the amendment or suspension.

(6) Subject to subsection (9) , the practising certificate continues to be subject to the amendment or suspension until the earlier of the following—

(a) the time at which the regulatory authority informs the local legal practitioner of the authority’s decision by information notice under section 61 (3) ;

(b) the end of 56 days after the information notice is given to the local legal practitioner under this section.

(7) If the local legal practitioner makes written representations to the regulatory authority about the amendment or suspension, the authority must consider the written representations.

(8) The regulatory authority may revoke the amendment or suspension at any time, whether or not because of written representations made to it by the local legal practitioner.

(9) Also—

(a) the regulatory authority may apply, as provided under the QCAT Act , to the tribunal for an order extending the period of the amendment or suspension; and

(b) if the tribunal considers it appropriate and the amendment or suspension has not ended under subsection (6) , the tribunal may extend the period of the amendment or suspension for a further period of not more than 56 days after the date of the tribunal’s order.

(10) The regulatory authority must give the certificate holder an information notice about its decision to apply under subsection (9) for an order extending the period of the suspension or amendment.