Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 1.2.6.

Suitability matters

1.2.6. 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 has been found guilty 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;

   (d)  whether the person engaged in legal practice in Australia-

   (i)  when not admitted, or not holding a practising certificate, as
        required under this Act or a previous law of this jurisdiction that
        corresponds to this Act or under a corresponding law; or

   (ii) if admitted, in contravention of a condition on which admission was
        granted; or

   (iii) if holding an Australian practising certificate, in contravention of
        a condition of the certificate or while the certificate was suspended;

   (e)  whether the person has engaged in legal practice in a foreign country-

   (i)  when not permitted by or under a law of that country to do so; or

   (ii) if permitted to do so, in contravention of a condition of the
        permission;

   (f)  whether the person is currently subject to an unresolved complaint,
        investigation, charge or order under any of the following-

   (i)  this Act or a previous law of this jurisdiction that corresponds to
        this Act; or

   (ii) a corresponding law or corresponding foreign law;

   (g)  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, in
        another profession or occupation that involved a finding of guilt;

   (h)  whether the person's name has been removed from-

   (i)  a local roll, and has not since been restored to or entered on a local
        roll; or

   (ii) an interstate roll, and has not since been restored to or entered on
        an interstate roll; or

   (iii) a foreign roll;

        (i)    whether the person's right to engage in legal practice has been
               suspended or cancelled in Australia or a foreign country;

   (j)  whether the person has contravened, in Australia or a foreign country,
        a law about trust money or trust accounts;

   (k)  whether, under this Act, 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;

   (l)  whether the person is or has been subject to an order, under this 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;

   (m)  whether the person currently has a material mental impairment.



(2) A matter is a suitability matter even if it happened before the
commencement of this section, except if the provision in subsection (1) about
the matter refers to the current situation in relation to the person.