New South Wales Repealed Acts

This legislation has been repealed.

LEGAL PROFESSION ACT 2004 - SECT 75

75 Administrative review of decisions by Tribunal

(1) An applicant or holder who is dissatisfied with a decision of a Council or the Commissioner under this Division with respect to the applicant or holder may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 .

(2) A Council must notify the Commissioner of the lodging of any application for an administrative review of a decision of the Council. The Commissioner must notify the appropriate Council of the lodging of any application for an administrative review of a decision of the Commissioner.

(3) In proceedings on an administrative review by the Tribunal of a decision under this Division in which the question of whether a person is a fit and proper person to hold a local practising certificate is at issue:

(a) the onus of establishing that a person is a fit and proper person to hold a local practising certificate is on the person asserting that fact, and

(b) it is to be presumed in the absence of evidence to the contrary that any statement of facts in the reasons of a Council or Commissioner for the decision concerned is a correct statement of the facts in the matter, and

(c) a certificate of conviction of an offence (being a certificate referred to in section 178 (Convictions, acquittals and other judicial proceedings) of the Evidence Act 1995 ) is admissible in the proceedings and is evidence of the commission of the offence by the person to whom it relates, and

(d) a document that appears to be a document issued for the purposes of or in connection with any application, proceedings or other matter arising under the Bankruptcy Act 1966 of the Commonwealth is admissible in the proceedings and is evidence of the matters stated in the document.

(4) Without limiting Division 3 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997 , the Tribunal may make any order it considers appropriate in proceedings on an application under this section, including any of the following orders:

(a) an order directing the appropriate Council to grant, or to refuse to grant, an application for a local practising certificate,

(b) an order directing the appropriate Council to cancel or suspend for a specified period a local practising certificate, or to reinstate a local practising certificate that has been cancelled or suspended,

(c) an order that an applicant or holder is not entitled to apply for the grant of a local practising certificate for a specified period not exceeding 5 years,

(d) an order directing the appropriate Council to impose conditions on a local practising certificate for a specified period, or to vary or revoke conditions imposed by the appropriate Council or to vary the period for which they are required to be imposed.

(5) The Tribunal may not order the imposition of conditions on a local practising certificate without first taking submissions from the appropriate Council as to the appropriateness of the proposed conditions.

(6) The appropriate Council is to give effect to any order of the Tribunal under this section.