Part 2.5Part 2.5 Inter-jurisdictional provisions regarding admission and practising certificates
The purpose of this Part is to provide a nationally consistent scheme for the notification of and response to action taken by courts and other authorities in relation to the admission of persons to the legal profession and their right to engage in legal practice in Australia.
In this Part:foreign regulatory action taken in relation to a person means:
(a) removal of the person’s name from a foreign roll for disciplinary reasons, or(b) suspension or cancellation of, or refusal to renew, the person’s right to engage in legal practice in a foreign country.
118 Other requirements not affected
Powers and duties under this Part are additional to those under Chapter 4 (Complaints and discipline) or any other Chapter of this Act.
Division 2 Notifications to be given by local authorities to interstate authorities
119 Official notification to other jurisdictions of applications for admission and associated matters
(1) This section applies if an application for admission to the legal profession is made under this Act.(2) The Admission Board may give the corresponding authority for another jurisdiction written notice of any of the following (as relevant):(a) the making of the application,(b) the withdrawal of the application,(c) the refusal to issue a compliance certificate in relation to the application.(3) The notice must state the applicant’s name and address as last known to the Admission Board and may contain other relevant information.
120 Official notification to other jurisdictions of removals from local roll
(1) This section applies if a person’s name is removed from the local roll, except where the removal occurs under section 126 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction).(2) The Prothonotary must, as soon as practicable, give written notice of the removal to:(a) the corresponding authority of every other jurisdiction, and(b) the registrar or other proper officer of the High Court.(3) The notice must state:(a) the person’s name and address as last known to the Prothonotary, and(b) the date the person’s name was removed from the roll, and(c) the reason for removing the person’s name,and may contain other relevant information.
121 Council to notify other jurisdictions of certain matters
(1) If:(a) the appropriate Council takes any of the following actions:(i) refuses to grant an Australian lawyer a local practising certificate,(ii) suspends, cancels or refuses to renew an Australian lawyer’s local practising certificate, or(b) the lawyer successfully appeals against the action taken,the Council must, as soon as practicable, give the corresponding authorities of other jurisdictions written notice of the action taken or the result of the appeal.(2) The notice must state:(a) the lawyer’s name and address as last known to the Council, and(b) particulars of:and may contain other relevant information.(i) the action taken and the reasons for it, or(ii) the result of the appeal,(3) The appropriate Council may give corresponding authorities written notice of a condition imposed on an Australian lawyer’s local practising certificate.
Division 3 Notifications to be given by lawyers to local authorities
122 Lawyer to give notice of removal of name from interstate roll
(1) If a local lawyer’s name has been removed from an interstate roll, the lawyer must, as soon as practicable, give the Prothonotary a written notice of the removal.Maximum penalty: 50 penalty units.
(2) If a local legal practitioner’s name has been removed from an interstate roll, the practitioner must, as soon as practicable, give the appropriate Council a written notice of the removal.Maximum penalty: 50 penalty units.
(3) This section does not apply where the name has been removed from an interstate roll under a provision that corresponds to section 126 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction).
123 Lawyer to give notice of interstate orders
(1) If an order is made under a corresponding law recommending that the name of a local lawyer be removed from the local roll, the lawyer must, as soon as practicable, give the Prothonotary written notice of the order.Maximum penalty: 50 penalty units.
Note. Chapter 4 requires the Supreme Court to order removal of the local lawyer’s name from the local roll in these circumstances.(2) If an order is made under a corresponding law in relation to a local legal practitioner that:(a) the practitioner’s local practising certificate be suspended or cancelled, or(b) a local practising certificate not be granted to the practitioner for a period, or(c) an order that conditions be imposed on the practitioner’s local practising certificate,the person must, as soon as practicable, give the appropriate Council written notice of the order.Maximum penalty: 50 penalty units.
Note. Chapter 4 requires the appropriate Council to give effect to orders made under corresponding laws.
124 Lawyer to give notice of foreign regulatory action
(1) If foreign regulatory action has been taken in relation to a local lawyer, the lawyer must, as soon as practicable, give the Prothonotary a written notice of the action taken.Maximum penalty: 50 penalty units.
(2) If foreign regulatory action has been taken in relation to a local legal practitioner, the practitioner must, as soon as practicable, give the appropriate Council a written notice of the action taken.Maximum penalty: 50 penalty units.
125 Provisions relating to requirement to notify
A notice to be given under this Division by a person must:(a) state his or her name and address, and(b) disclose full details of the action to which the notice relates, including the date on which that action was taken, and(c) be accompanied by a copy of any official notification provided to him or her in connection with that action.
Division 4 Taking of action by local authorities in response to notifications received
126 Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction
(1) This section applies if the Prothonotary is satisfied that:(a) a local lawyer’s name has been removed from an interstate roll, and(b) no order referred to in section 130 (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is, at the time of that removal, in force in relation to it.(2) The Prothonotary must remove the lawyer’s name from the local roll.(3) The Prothonotary may, but need not, give the lawyer notice of the date on which the Prothonotary proposes to remove the name from the local roll.(4) The Prothonotary must, as soon as practicable, give the former local lawyer notice of the removal of the name from the local roll, unless notice of the date of the proposed removal was previously given.(5) The name of the former local lawyer is, on his or her application to the Prothonotary or on the Prothonotary’s own initiative, to be restored to the local roll if the name is restored to the interstate roll.(6) Nothing in this section prevents the former local lawyer from afterwards applying for admission under Part 2.3 (Admission of local lawyers).
127 Peremptory cancellation of local practising certificate following removal of name from interstate roll
(1) This section applies if:(a) a local legal practitioners’s name is removed from an interstate roll but he or she remains an Australian lawyer, and(b) no order referred to in section 130 (1) (b) (Order for non-removal of name or non-cancellation of local practising certificate) is, at the time of that removal, in force in relation to it.(2) The appropriate Council must cancel the local practising certificate as soon as practicable after receiving official written notification of the removal and may cancel the practising certificate before that time.(3) The Council may, but need not, give the person notice of the date on which the Council proposes to cancel the local practising certificate.(4) The Council must, as soon as practicable, give the person notice of the cancellation, unless notice of the date of the proposed cancellation was previously given.(5) Nothing in this section prevents the former local legal practitioner from afterwards applying for a local practising certificate.
128 Show cause procedure for removal of lawyer’s name from local roll following foreign regulatory action
(1) This section applies if the appropriate authority is satisfied that:(a) foreign regulatory action has been taken in relation a local lawyer, and(b) no order referred to in section 130 (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to it.(2) The authority may serve on the lawyer a notice stating that the authority will apply to the Supreme Court for an order that the lawyer’s name be removed from the local roll unless the lawyer shows cause to the authority why his or her name should not be removed.(3) If the lawyer does not satisfy the authority that his or her name should not be removed from the local roll, the authority may apply to the Supreme Court for an order that his or her name be removed from the local roll.(4) Before applying for an order that the lawyer’s name be removed, the authority must afford the lawyer a reasonable opportunity to show cause why his or her name should not be removed.(5) The Supreme Court may, on application made under this section, order that the lawyer’s name be removed from the local roll, or may refuse to do so.(6) The lawyer is entitled to appear before and be heard by the Supreme Court at a hearing in respect of an application under this section.(7) In this section:appropriate authority means:
(a) if the local lawyer holds a local practising certificate—the appropriate Council, or(b) if the local lawyer does not hold a local practising certificate but holds an interstate practising certificate—either Council, or(c) if the local lawyer holds neither a local practising certificate nor an interstate practising certificate—the Law Society Council.
129 Show cause procedure for cancellation of local practising certificate following foreign regulatory action
(1) This section applies if the appropriate Council is satisfied that:(a) foreign regulatory action has been taken in relation to a local legal practitioner, and(b) no order referred to in section 130 (1) (b) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to it.(2) The Council may serve on the practitioner a notice stating that the Council proposes to cancel his or her local practising certificate unless the practitioner shows cause to the Council why his or her practising certificate should not be cancelled.(3) The Council must afford the practitioner a reasonable opportunity to show cause why his or her practising certificate should not be cancelled.(4) If the practitioner does not satisfy the Council that the practising certificate should not be cancelled, the Council may cancel the certificate.(4A) The Council must, as soon as practicable, give the practitioner an information notice about its decision to cancel the practising certificate.(5) The practitioner may appeal to the Supreme Court against a decision of the Council to cancel the practising certificate.(6) The Supreme Court may make any order it considers appropriate on the appeal.
130 Order for non-removal of name or non-cancellation of local practising certificate
(1) If an Australian lawyer reasonably expects that his or her name will be removed from an interstate roll or that foreign regulatory action will be taken against the lawyer, the lawyer may apply to the Supreme Court for:(a) an order that his or her name not be removed from the local roll under section 126 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction) or section 128 (Show cause procedure for removal of lawyer’s name from local roll following foreign regulatory action), or(b) an order that his or her local practising certificate not be cancelled under section 127 (Peremptory cancellation of local practising certificate following removal of name from interstate roll) or section 129 (Show cause procedure for cancellation of local practising certificate following foreign regulatory action),or both.(2) The Supreme Court may make the order or orders applied for if satisfied that:(a) the lawyer’s name is likely to be removed from the interstate roll or the foreign regulatory action is likely to be taken, and(b) the reason for the removal of the name or the taking of the foreign regulatory action will not involve disciplinary action or the possibility of disciplinary action,or may refuse to make an order.(3) An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period specified in it.(4) The Supreme Court may revoke an order made under this section, and sections 126–129 (as relevant) then apply as if the lawyer’s name were removed from the interstate roll or the foreign regulatory action were taken when the revocation takes effect.(5) Nothing in this section affects action being taken in relation to the lawyer under other provisions of this Act.
131 Local authority may give information to other local authorities
A regulatory authority of this jurisdiction that receives information from a regulatory authority of another jurisdiction under provisions of a corresponding law that correspond to this Part may furnish the information to other regulatory authorities of this jurisdiction that have powers or duties under this Act.