New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 100

100 Right of appeal or review about Australian practising certificates

(1) An applicant for or the holder of an Australian practising certificate may, in accordance with applicable jurisdictional legislation, appeal to the designated tribunal against, or seek a review by that tribunal of, any of the following decisions of the designated local regulatory authority under this Chapter--

(a) a decision to refuse to grant or renew the Australian practising certificate;

(b) a decision to vary, suspend or cancel the Australian practising certificate or, without limitation, to impose a condition on the Australian practising certificate;

(c) a decision that a person is not entitled to apply for an Australian practising certificate for a specified period (see section 94).

(2) An appeal or review under this section may be made to review the merits of the decision concerned.

(3) The designated tribunal may make any order it considers appropriate on an appeal or review under this section, including any of the following orders--

(a) an order directing the designated local regulatory authority to grant, or to refuse to grant, an application for an Australian practising certificate;

(b) an order directing the designated local regulatory authority to suspend for a specified period or cancel an Australian practising certificate, or to reinstate an Australian practising certificate that has been suspended or cancelled;

(c) an order that an applicant or holder is not entitled to apply for the grant of an Australian practising certificate for a specified period not exceeding 5 years;

(d) an order directing the designated local regulatory authority to vary an Australian practising certificate in the manner specified by the designated tribunal.

(4) Except to the extent (if any) that may be ordered by the designated tribunal, the lodging of an appeal or application for review under this section does not stay the effect of the refusal, variation, suspension or cancellation concerned.

(5) The designated tribunal may not order the imposition of conditions on an Australian practising certificate without first taking submissions from the designated local regulatory authority.

(6) In proceedings on an appeal or review under this section, fresh evidence, or evidence in addition to or in substitution for matters considered by the designated local regulatory authority, may be given.

(7) In proceedings on an appeal or review under this section in which the question of whether a person is a fit and proper person to hold an Australian practising certificate is at issue--

(a) the onus of establishing that a person is a fit and proper person to hold an Australian practising certificate is on the person asserting that fact; and

(b) it is to be presumed in the absence of evidence to the contrary that any statement of facts in the reasons of the designated local regulatory authority for the decision concerned is a correct statement of the facts in the matter; and

(c) a document that appears to be a document issued for the purposes of or in connection with any application, proceedings or other matter arising under the Bankruptcy Act is admissible in the proceedings and is evidence of the matters stated in the document.

(8) The designated local regulatory authority is to give effect to any order of the designated tribunal under this section.

Note: Jurisdictional legislation may provide a right of appeal against or a right of review of the designated tribunal's decision.