New South Wales Consolidated Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 140

Variation of disciplinary application

140 Variation of disciplinary application

(1) The Tribunal may vary a disciplinary application, on the application of the person who made the disciplinary application or on its own motion, so as to omit allegations or to include additional allegations, if satisfied that it is reasonable to do so having regard to all the circumstances.
(2) Without limiting subsection (1), when considering whether or not it is reasonable to vary a disciplinary application, the Tribunal is to have regard to whether varying the disciplinary application will affect the fairness of the proceedings.
(3) The inclusion of an additional allegation is not precluded on any or all of the following grounds--
(a) the additional allegation has not been the subject of a complaint,
(b) the additional allegation has not been the subject of an investigation,
(c) the alleged conduct concerned occurred more than 3 years ago.



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