New South Wales Consolidated Regulations

LEGAL PROFESSION UNIFORM GENERAL RULES 2015 - REG 21

21 Grounds for refusing to grant or renew Australian registration certificate

(1) For the purposes of section 62 of the Uniform Law, the designated local regulatory authority for a jurisdiction may refuse to grant or renew an Australian registration certificate on any of the following grounds--

(a) that the application is not accompanied by, or does not contain, information sufficient to allow the regulatory authority to be satisfied as to the matters referred to in section 62(3) of the Uniform Law,

(b) that the applicant has contravened an Australian law relating to the legal profession,

(c) that the applicant has contravened an order of the designated tribunal or a corresponding disciplinary body, including but not limited to an order to pay any fine or costs,

(d) that the applicant has contravened an order of a local regulatory authority or corresponding authority of any jurisdiction, including but not limited to an order to pay any fine or costs,

(e) that the applicant has failed to comply with a requirement under an Australian law relating to the legal profession to pay a contribution to, or levy for, a fidelity fund,

(f) that the applicant has contravened a requirement of or made under an Australian law relating to the legal profession in relation to professional indemnity insurance,

(g) that the applicant has failed to pay any expenses of receivership payable under an Australian law relating to the legal profession,

(h) that the applicant's foreign legal practice is in receivership (however described),

(i) that an authority of another jurisdiction has under a corresponding law--

(i) refused to grant or renew registration for the applicant, or

(ii) suspended or cancelled the applicant's registration.

(2) For the purposes of section 62 of the Uniform Law (and without limiting any other subrule), the designated local regulatory authority may refuse to grant an Australian registration certificate on the ground that the regulatory authority is satisfied that the applicant is not a fit and proper person to be registered after considering--

(a) the nature of any offence of which the applicant has been found guilty in Australia or a foreign country, whether before or after the commencement of this rule, and

(b) how long ago the offence was committed, and

(c) the person's age when the offence was committed.

(3) For the purposes of section 62 of the Uniform Law (and without limiting any other subrule), the designated local regulatory authority may refuse to renew an Australian registration certificate on the ground that the regulatory authority is satisfied that the applicant is not a fit and proper person to continue to be registered after considering--

(a) the nature of any offence of which the applicant has been found guilty in Australia or a foreign country, whether before or after the commencement of this rule, other than an offence disclosed in a previous application to the designated local regulatory authority, and

(b) how long ago the offence was committed, and

(c) the person's age when the offence was committed.

(4) For the purposes of section 62 of the Uniform Law (and without limiting any other subrule), the designated local regulatory authority may refuse to renew an Australian registration certificate on any ground on which an Australian registration certificate could be suspended or cancelled.

Note : Section 101 of the Uniform Law provides a right of appeal or review of a decision refusing to grant or renew an Australian registration certificate, and section 464 of the Uniform Law contains (among other matters) provisions requiring notice of the decision to be given.