AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 68

68. Immediate suspension of local practising certificate

      (1) This section applies, despite Divisions 6 and 7, if the prescribed authority considers it necessary in the public interest to immediately suspend a local practising certificate on –

(a) any of the grounds on which the certificate could be suspended or cancelled under Division 6; or

(b) the ground of the happening of a show cause event (within the meaning of Division 7) in relation to the holder of the certificate; or

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

whether or not any action has been taken or commenced under Division 6 or 7 in relation to the holder.

      (2) The prescribed authority may, by written notice given to the holder of the certificate, immediately suspend the local practising certificate until the earlier of the following:

(a) the time at which the prescribed authority informs the holder of the prescribed authority's decision by notice under section 65 (Amending, suspending or cancelling local practising certificate);

(b) the end of the period of 56 days after the notice is given to the holder under this section.

      (3) The notice under this section must –

(a) include an information notice about the suspension; and

(b) state that the holder of the local practising certificate may make written representations to the prescribed authority about the suspension; and

(c) state that the holder of the local practising certificate may appeal against the suspension under section 84 (Appeal against decisions about local practising certificates).

      (4) The holder of the local practising certificate may make written representations to the prescribed authority about the suspension, and the prescribed authority must consider the representations.

      (5) The prescribed authority may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder.

      (6) Nothing in this section prevents the prescribed authority from making a complaint under Chapter 4 about a matter to which this section relates.

      (7) The suspension of a local practising certificate under this section does not affect any disciplinary processes in respect of matters arising before the suspension.



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