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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 121
Contravention by law practice--disqualified or convicted person as lay associate
121 Contravention by law practice--disqualified or convicted person as lay
associate
(1) A law practice contravenes this subsection if the law practice has a lay
associate whom any principal or other legal practitioner associate of the law
practice knows to be-- (a) a disqualified person; or
(b) a person who has
been convicted of a serious offence--
unless the lay associate is approved by
the designated local regulatory authority under subsection (2). Penalty: 100
penalty units.
(2) The designated local regulatory authority may, on
application, approve a person as a lay associate for the purposes of this
section. An approval may be given generally, or for a particular position or
category of positions with a particular law practice, or for a particular
category of positions with any law practice.
(3) In dealing with an
application for approval of a person as a lay associate, the designated local
regulatory authority may consider any relevant matters and must consider the
following matters so far as they are relevant-- (a) the nature and
circumstances of the person's disqualification or conviction;
(b) the
requirements and responsibilities of the arrangement or kind of arrangement
under which the person is seeking to be employed or otherwise involved;
(c)
the degree of connection between the person's disqualification or conviction
and the requirements and responsibilities of the arrangement or kind of
arrangement.
(4) An approval may be granted unconditionally or subject to
specified conditions. Note: The designated local regulatory authority could
consider a person's application for approval as a lay associate at the same
time as it decides not to grant or renew, or decides to suspend or cancel, the
person's Australian practising certificate.
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