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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 119
Disqualification of individuals (other than practitioners)
119 Disqualification of individuals (other than practitioners)
(1) The designated tribunal may, on the application of the designated local
regulatory authority, make an order disqualifying a person who is an
individual (other than an Australian legal practitioner) for the purposes of
this Law, for a specified period or indefinitely, if satisfied that-- (a) a
ground for making the order under this section has been established (see
subsection (2)); and
(b) the disqualification is justified.
(2) Any of the
following are grounds for disqualifying a person-- (a) that the person has
been convicted of a serious offence;
(b) that the person is not a fit and
proper person to be employed or paid in connection with the practice of law or
to be involved in the management of a law practice;
(c) that the person was
formerly an Australian legal practitioner and has, when an Australian legal
practitioner, been guilty of conduct that constituted unsatisfactory
professional conduct or professional misconduct;
(d) that the person has been
guilty of conduct that, if the person were an Australian legal practitioner,
would have constituted unsatisfactory professional conduct or professional
misconduct;
(e) that the person could be disqualified under sections 206C-
206F of the Corporations Act from managing a law practice if the law practice
were a corporation.
(3) The designated tribunal, on application by the person
and with the leave of the tribunal, or by the designated local regulatory
authority, may vary or revoke an order if it considers it appropriate to do
so.
(4) An order to a similar effect made by a corresponding authority of
another jurisdiction under a corresponding law applies in relation to this
jurisdiction in the same way as it applies in relation to that other
jurisdiction and as if it had been made by the designated tribunal.
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