Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.5.4.

Health assessments

2.5.4. Health assessments



(1) This section applies if-

   (a)  the Board believes on reasonable grounds that a subject person may
        have a mental impairment that may result in him or her not being a fit
        and proper person to engage in legal practice in this jurisdiction; or

   (b)  the Board of Examiners believes on reasonable grounds that a subject
        person may have a mental impairment that may result in him or her not
        being a fit and proper person to be admitted to the legal profession
        under this Act.

(2) The appropriate authority may require the subject person to undergo a
health assessment by a health assessor.

(3) If the appropriate authority decides to require a health assessment, the
appropriate authority must give the subject person an information notice about
the decision to require the assessment that includes-

   (a)  the name and qualifications of the health assessor; and

   (b)  the date, time and place for the assessment, that must be reasonable
        having regard to the circumstances of the subject person as known to
        the appropriate authority.

(4) The date for the assessment must be no sooner than 28 days after the
information notice is given to the subject person.





(5) The subject person may apply to the Tribunal for review of a decision of
the appropriate authority under this section within 28 days after the day on
which the information notice is given to the subject person.