Division 6 Amendment, suspension or cancellation of local practising certificates
59 Application of this Division
This Division does not apply in relation to matters referred to in Division 7 (Special powers in relation to local practising certificates—show cause events).
60 Grounds for suspending or cancelling local practising certificate
(1) Each of the following is a ground for suspending or cancelling a local practising certificate:(a) the holder is no longer a fit and proper person to hold the certificate,Note. Section 42 (Suitability to hold local practising certificate) deals with the question of whether or not a person is a fit and proper person to hold a practising certificate.(b) if the holder is an insurable barrister or insurable solicitor within the meaning of Part 3.3 (Professional indemnity insurance)—the holder does not have, or no longer has, professional indemnity insurance that complies with this Act in relation to the certificate,(c) if the holder is an insurable solicitor within the meaning of Part 3.3 (Professional indemnity insurance)—the holder fails to pay a contribution, instalment of a contribution, or levy in accordance with section 411 (Contributions) or 412 (Levies) or Schedule 7 (Professional indemnity insurance—provisions relating to HIH insurance),(d) if a condition of the certificate is that the holder is limited to legal practice specified in the certificate—the holder is engaging in legal practice that the holder is not entitled to engage in under this Act.(2) Subsection (1) does not limit the grounds on which conditions may be imposed on a local practising certificate under section 50.
61 Amending, suspending or cancelling local practising certificates
(1) If the appropriate Council believes a ground exists to amend, suspend or cancel a local practising certificate (the proposed action), the Council must give the holder a notice that:(a) states the proposed action and:(i) if the proposed action is to amend the certificate—states the proposed amendment, and(ii) if the proposed action is to suspend the certificate—states the proposed suspension period, and(b) states the grounds for proposing to take the proposed action, and(c) outlines the facts and circumstances that form the basis for the Council’s belief, and(d) invites the holder to make written representations to the Council within a specified time of not less than 7 days and not more than 28 days, as to why the proposed action should not be taken.(2) If, after considering all written representations made within the specified time and, in its discretion, written representations made after the specified time, the Council still believes a ground exists to take the proposed action, the Council may:(a) if the notice under subsection (1) stated the proposed action was to amend the practising certificate—amend the certificate in the way stated or in a less onerous way the Council considers appropriate because of the representations, or(b) if the notice stated the proposed action was to suspend the practising certificate for a specified period:(i) suspend the certificate for a period no longer than the specified period, or(ii) amend the certificate in a less onerous way the Council considers appropriate because of the representations, or(c) if the notice stated the proposed action was to cancel the practising certificate:(i) cancel the certificate, or(ii) suspend the certificate for a period, or(iii) amend the certificate in a less onerous way the Council considers appropriate because of the representations.(3) The Council may, at its discretion, consider representations made after the specified time.(4) The Council must give the person notice of its decision.(5) If the Council decides to amend, suspend or cancel the practising certificate, the Council must give the holder an information notice about the decision.(6) In this section, amend a certificate means amend the certificate under section 50 during its currency, other than at the request of the holder of the certificate.
62 Operation of amendment, suspension or cancellation of local practising certificate
(1) Application of section
This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 61 (Amending, suspending or cancelling local practising certificate).(2) Action to take effect on giving of notice or specified date
Subject to subsections (3) and (4), the amendment, suspension or cancellation of the practising certificate takes effect on the later of the following:(a) the day notice of the decision is given to the holder,(b) the day specified in the notice.(3) Grant of stay
If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence:(a) the Supreme Court may, on the application of the holder, order that the operation of the amendment, suspension or cancellation of the practising certificate be stayed until:(i) the end of the time to appeal against the conviction, and(ii) if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends, and(b) the amendment, suspension or cancellation does not have effect during any period in respect of which the stay is in force.(4) Quashing of conviction
If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence and the conviction is quashed:(a) the amendment or suspension ceases to have effect when the conviction is quashed, or(b) the cancellation ceases to have effect when the conviction is quashed and the certificate is restored as if it had merely been suspended.
63 Other ways of amending or cancelling local practising certificate
(1) The appropriate Council may amend or cancel a local practising certificate if the holder requests the appropriate Council to do so.(2) The appropriate Council may amend a local practising certificate:(a) for a formal or clerical reason, or(b) in another way that does not adversely affect the holder’s interests.(3) The appropriate Council must cancel a local practising certificate if the holder’s name has been removed from the local roll or the holder ceases to be an Australian lawyer.(4) The amendment or cancellation of a local practising certificate under this section is effected by written notice given to the holder.(5) Section 61 (Amending, suspending or cancelling local practising certificate) does not apply in a case to which this section applies.
64 Relationship of this Division with Chapter 4
Nothing in this Division prevents a complaint from being made under Chapter 4 (Complaints and discipline) about a matter to which this Division relates.