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LEGAL PROFESSION ACT 2007 - SECT 9 Suitability matters

LEGAL PROFESSION ACT 2007 - SECT 9

Suitability matters

9 Suitability matters

(1) Each of the following is a
"suitability matter" in relation to a natural person—
(a) whether the person is currently of good fame and character;
(b) whether the person is or has been an insolvent under administration;
(c) whether the person is or has been a legal practitioner director of an incorporated legal practice while the practice is or was a chapter 5 body corporate;
(d) whether the person is or has been a director of a corporation while the corporation is or was a chapter 5 body corporate;
(e) whether the person has been convicted of an offence in Australia or a foreign country, and if so—
(i) the nature of the offence; and
(ii) how long ago the offence was committed; and
(iii) the person’s age when the offence was committed;
(f) whether the person engaged in legal practice in Australia
(i) when not admitted to the legal profession, or not holding a practising certificate, as required under a relevant law or a corresponding law; or
(ii) if admitted to the legal profession, in contravention of a condition on which admission was granted; or
(iii) if holding an Australian practising certificate, in contravention of a condition applicable to the certificate or while the certificate was suspended;
(g) whether the person has practised law in a foreign country—
(i) when not permitted under a law of that country to do so; or
(ii) if permitted to do so, in contravention of a condition of the permission;
(h) whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following—
(i) a relevant law;
(ii) a corresponding law;
(iii) a corresponding foreign law;
(i) whether the person—
(i) is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or
(ii) has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt;
(j) whether the person’s name has been removed from—
(i) a local roll but has not since been restored to or entered on a local roll; or
(ii) an interstate roll, but has not since been restored to or entered on an interstate roll; or
(iii) a foreign roll;
(k) whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country;
(l) whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts;
(m) whether, under a relevant law, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person;
(n) whether the person is or has been subject to an order under this Act, a previous Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice;
(o) whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner;
(p) a matter declared under an Act to be a suitability matter.
(2) A matter under subsection (1) is a suitability matter even though it happened before the commencement of this section.