New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 89

89 Automatic show cause events--action by local regulatory authority

(1) If the applicant or holder gives a statement required by this Subdivision, the designated local regulatory authority must determine whether the person concerned is a fit and proper person to hold a certificate.

(2) The designated local regulatory authority may vary, suspend or cancel, or may refuse to renew, a certificate if the applicant or holder--

(a) fails to provide a statement as required by this Subdivision; or

(b) has provided a statement in accordance with this Subdivision but the designated local regulatory authority does not consider that the applicant or holder has shown in the statement that, despite the show cause event, he or she is a fit and proper person to hold a certificate (or can be considered such a fit and proper person if the designated local regulatory authority is satisfied that doing so is warranted in the circumstances); or

(c) has failed without reasonable excuse to comply with a requirement under Chapter 7 made in connection with an investigation of the show cause event concerned or has committed an offence under that Chapter in connection with any such investigation.

(3) If the designated local regulatory authority determines that the applicant or holder is such a fit and proper person (or can be considered such a fit and proper person if the designated local regulatory authority is satisfied that doing so is warranted in the circumstances), it--

(a) must take no further action in relation to the show cause event; but

(b) may impose a discretionary condition that it considers appropriate in the circumstances.

(4) In determining a matter under this section, the designated local regulatory authority--

(a) may, but need not, conduct an investigation into the matter; and

(b) is not limited to making its determination, or conducting any such investigation, on the basis of just the automatic show cause event concerned; and

(c) may have regard to the facts and circumstances that surround, arise in connection with, relate to or give rise to the automatic show cause event concerned.