Legal Profession Act 1987 No 109
Repealed version for 15 August 2005 to 30 September 2005 (accessed 21 December 2014 at 03:32)
Part 3Division 1Section 38A

38A   Refusal, suspension or cancellation of practising certificate—infirmity

(1)  A Council may refuse to issue, may cancel or may suspend a practising certificate if the Council is satisfied, on such evidence as to it seems proper:
(a)  that the applicant or holder is, because of infirmity, injury or mental or physical illness, unfit to practise as a barrister or solicitor and barrister, and
(b)  that it is in the public interest or the interest of the barrister’s or solicitor’s clients that the practising certificate should not be issued or should be cancelled or suspended.
(1A)  For the purposes of this section, an applicant or holder is unfit to practise as a barrister or solicitor and barrister only if the applicant or holder, because of his or her infirmity, injury or mental or physical illness, would be unable to carry out the inherent requirements of practice as a barrister or solicitor and barrister.
(1B)  The following are to be taken into account in determining whether an applicant or holder would be unable to carry out the inherent requirements of practice as a barrister or solicitor and barrister:
(a)  the applicant’s or holder’s past training, qualifications and experience relevant to such practice,
(b)  if the applicant or holder is already practising as a barrister or solicitor and barrister, the applicant’s or holder’s performance in such practice,
(c)  all other relevant factors that it is reasonable to take into account.
(2)  Before acting under subsection (1), a Council:
(a)  may require the applicant or holder to be medically examined by a medical practitioner nominated by the Council, and
(b)  may hold an inquiry.
(3)  A refusal or failure by a person to comply with a requirement for medical examination may be accepted by a Council as evidence of the unfitness of the person to practise as a barrister or solicitor and barrister.
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