Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.4.4.

Suitability to hold local practising certificate

2.4.4. Suitability to hold local practising certificate



(1AA) This section has effect for the purposes of Division 4 of this Part or
any other provision of this Act where the question of whether or not a person
is a fit and proper person to hold a local practising certificate is relevant.

(1) The Board, in considering whether or not the person is, or is no longer, a
fit and proper person to hold a local practising certificate, may take into
account any suitability matter relating to the person, and any of the
following, whether happening before or after the commencement of this section-

   (a)  whether the person obtained an Australian practising certificate
        because of incorrect or misleading information;

   (b)  whether the person has contravened a condition of an Australian
        practising certificate held by the person;

   (c)  whether the person has contravened this Act or a corresponding law or
        the regulations or legal profession rules under this Act or a
        corresponding law;

   (d)  whether the person has contravened-

   (i)  an order of the Tribunal; or

   (ii) an order of a corresponding disciplinary body or of another court or
        tribunal of another jurisdiction exercising jurisdiction or powers by
        way of appeal or review of an order of a corresponding disciplinary
        body;

   (e)  without limiting any other paragraph-

   (i)  whether the person has failed to pay a required contribution or levy
        to the Fidelity Fund; or

   (ii) whether the person has contravened a requirement imposed by the Board
        or the Liability Committee about professional indemnity insurance; or

   (iii) whether the person has failed to pay other costs or expenses for
        which the person is liable under this Act or the regulations;

   (f)  any other matter the Board thinks appropriate.

(2) A person may be considered a fit and proper person to hold a local
practising certificate even though the person is within any of the categories
of the matters referred to in subsection (1), if the Board considers that the
circumstances warrant the determination.





(3) If a matter was-

   (a)  disclosed in an application for admission to the legal profession in
        this or another jurisdiction; and

   (b)  determined by the Board of Examiners or the Supreme Court, or by a
        body in another jurisdiction having jurisdiction to do so, not to be
        sufficient for refusing admission-

the matter cannot be taken into account as a ground for refusing to grant or
for cancelling a local practising certificate, unless later disclosures
demonstrate that the matter is part of a course of conduct that may warrant
refusal or cancellation. Note Section 2.4.7 provides that a local practising
certificate must not be granted unless the Board is satisfied that the
applicant is a fit and proper person to hold the certificate, and must not be
renewed if it is satisfied that the applicant is not a fit and proper person
to continue to hold the certificate.