Western Australian Consolidated Acts

LEGAL PROFESSION ACT 2008 - SECT 75

75 .         Consideration and investigation of applicants or holders

        (1)         To help it consider whether or not to grant, renew, amend, suspend or cancel a local practising certificate the Board may, by notice to the applicant or holder, require the applicant or holder —

            (a)         to give the Board specified documents or information; or

            (b)         to be medically examined by a registered medical practitioner nominated by the Board and to provide to the Board a report of that examination, at the applicant’s or holder’s expense; or

            (c)         to obtain, at the applicant’s or holder’s expense, a criminal record check for the applicant or holder and to provide it to the Board; or

            (d)         to cooperate with any inquiries by the Board that the Board considers appropriate.

        (2)         In subsection (1)(c) —

        criminal record check means a document issued by the Australian Federal Police, the Police Force of a State or Territory, or another body or agency approved by the Board regarding the criminal convictions of a person for offences under the law of this or any other jurisdiction or the Commonwealth.

        (3)         The Board may require the applicant or holder to verify information or documents by statutory declaration or in another manner specified by the Board.

        (4)         A failure to comply with a notice under subsection (1) by the date specified in the notice and in the way required by the notice is a ground for making an adverse decision in relation to the action being considered by the Board.

        (5)         Without limiting subsection (4), a failure to comply with a requirement under subsection (1)(b) or (c) may be accepted by the Board as evidence of the unfitness of the person to engage in legal practice.

        (6)         A report of the medical examination of an applicant or holder is not admissible in any proceeding, and a person cannot be compelled to produce the report or to give evidence about the report or its contents in any proceeding.

        (7)         Subsection (6) does not apply in relation to a proceeding for review of a decision of the Board —

            (a)         refusing to grant or renew a local practising certificate; or

            (b)         amending, suspending or cancelling a local practising certificate.

        (8)         Subsection (6) does not apply if the report is admitted or produced, or evidence about the report or its contents is given in a proceeding with the consent of the applicant or holder to whom the report relates.