Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section has
effect for the purposes of section 45 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.
(2) The Board may, in
considering whether or not the person is a fit and proper person to hold a
local practising certificate, 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, a previous 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 Complaints Committee or the State
Administrative Tribunal or Supreme Court (full bench) exercising jurisdiction
under this Act or a previous Act; 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 Guarantee Fund; or
(ii)
whether the person has contravened a requirement imposed
under this Act about professional indemnity insurance; or
(iii)
whether the person has failed to pay other costs,
expenses or fines for which the person is liable under this Act or a previous
Act;
(f) any
other matters relating to the person the Board considers are appropriate.
(3) 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 (2), if the Board consider that the circumstances warrant
the determination.
(4) 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 Supreme Court or by the Board or a corresponding authority
not to be sufficient for refusing admission,
the matter cannot be
taken into account as a ground for refusing to grant or renew or for
cancelling a local practising certificate, but the matter may be taken into
account when considering other matters in relation to the person concerned.