Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.4.21.

Amending, suspending or cancelling local practising certificate

2.4.21. Amending, suspending or cancelling local practising certificate



(1) If the Board believes a ground exists to amend, suspend or cancel a local
practising certificate (the proposed action), the Board must give the holder a
notice that-

   (a)  states the proposed action and-

   (i)  if the proposed action is to amend the certificate-states the proposed
        amendment; or

   (ii) if the proposed action is to suspend the certificate-states the
        proposed suspension period; and

   (b)  states the grounds for proposing to take the proposed action; and

   (c)  outlines the facts and circumstances that form the basis for the
        Board's belief; and

   (d)  invites the holder to make written representations to the Board,
        within a specified time of not less than 7 days and not more than 28
        days, as to why the proposed action should not be taken.

(2) The Board-

   (a)  must consider all written representations made within the specified
        time; and

   (b)  may consider written representations made after the specified time.

(3) If, after complying with subsection (2), the Board still believes that a
ground exists to take the proposed action, the Board may-

   (a)  if the notice under subsection (1) stated that the proposed action was
        to amend the practising certificate-amend the certificate in the way
        stated or in a less onerous way the Board considers appropriate
        because of the representations; or

   (b)  if the notice stated that the proposed action was to suspend the
        practising certificate for a specified period-

   (i)  suspend the certificate for a period no longer than the specified
        period; or

   (ii) amend the certificate in a less onerous way the Board considers
        appropriate because of the representations; or

   (c)  if the notice stated that the proposed action was to cancel the
        practising certificate-

   (i)  cancel the certificate; or

   (ii) suspend the certificate for a period; or

   (iii) amend the certificate in a less onerous way the Board considers
        appropriate because of the representations. Note Amending a local
        practising certificate includes imposing a condition on it, or varying
        or revoking a condition-see the definition of amend in section 1.2.1.

(4) If the Board decides to amend, suspend or cancel the practising
certificate the Board must give the holder an information notice about the
decision.

Note Section 2.4.37 provides a right to apply for review of the decision.