Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.4.16.

Imposition or variation of conditions pending criminal proceedings

2.4.16. Imposition or variation of conditions pending criminal proceedings



(1) If a local legal practitioner has been charged with a relevant offence but
the charge has not been determined, the Board may apply to the Tribunal for an
order under this section.



(2) On an application under subsection (1), the Tribunal may make either or
both of the following orders-

   (a)  an order varying the conditions on the practitioner's local practising
        certificate;

   (b)  an order imposing further conditions on the practitioner's local
        practising certificate.

(3) The Tribunal may make an order under this section only if the Tribunal
considers it appropriate to do so, having regard to-

   (a)  the seriousness of the relevant offence; and

   (b)  the public interest.

(4) An order under this section has effect until the sooner of-

   (a)  the period specified by the Tribunal; or

   (b)  if the practitioner is convicted of the relevant offence-28 days after
        the day of the finding of guilt; or

   (c)  if the charge is dismissed or the practitioner is found guilty without
        the recording of a conviction-the day of the dismissal or the decision
        not to record a conviction; or

   (d)  if the finding of guilt is quashed on appeal-the day the finding of
        guilt is quashed.

(5) The Tribunal, on application by any party, may vary or revoke an order
under this section at any time.

(6) In this section-

relevant offence means-

   (a)  an offence against Division 2 of Part I of the Crimes Act 1958; or

   (b)  an offence against the law of another jurisdiction, the Commonwealth
        or a foreign country that, in the opinion of the Tribunal, is
        equivalent to an offence against Division 2 of Part I of the
        Crimes Act 1958.