Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 182

182 Requirements regarding applications for the grant or renewal of registration

(1) An application for the grant of registration as a foreign lawyer under this Act must state the applicant’s educational and professional qualifications.

(2) An application for the grant or renewal of registration must—

(a) state that the applicant is registered to engage in legal practice by 1 or more stated foreign registration authorities in 1 or more foreign countries; and

(b) state that the applicant is not an Australian legal practitioner; and

(c) state that the applicant is not the subject of any disciplinary proceeding in Australia or a foreign country, including any preliminary investigations or action that might lead to a disciplinary proceeding in his or her capacity as—

(i) an overseas-registered foreign lawyer; or

(ii) an Australian-registered foreign lawyer; or

(iii) an Australian lawyer; and

(d) state whether the applicant has been convicted of an offence in Australia or a foreign country, and if so—

(i) the nature of the offence; and

(ii) how long ago the offence was committed; and

(iii) the applicant’s age when the offence was committed; and

(e) state that the applicant’s registration is not cancelled or currently suspended in any place as a result of any disciplinary action in Australia or a foreign country; and

(f) state—

(i) that the applicant is not otherwise personally prohibited from engaging in legal practice in any place or bound by any undertaking not to engage in legal practice in any place; and

(ii) whether or not the applicant is subject to any special conditions in engaging in legal practice in any place;

as a result of any criminal, civil or disciplinary proceeding in Australia or a foreign country; and

(g) state any special conditions imposed in Australia or a foreign country as a restriction on legal practice engaged in by the applicant or any undertaking given by the applicant restricting the applicant’s practice of law; and

(h) give consent to the making of inquiries of, and the exchange of information with, any foreign registration authorities that the law society considers appropriate regarding the applicant’s activities in engaging in legal practice in the places concerned or otherwise regarding matters relevant to the application; and

(i) state which provisions under section 175 (1) the applicant proposes to rely on and be accompanied by supporting proof of the relevant matters; and

(j) provide the information, or be accompanied by the other information or documents, or both, that is stated in the application form or in material accompanying the application form.

(3) The application must, if the law society so requires, be accompanied by an original instrument, or a copy of an original instrument, from each foreign registration authority stated in the application that—

(a) verifies the applicant’s educational and professional qualifications; and

(b) verifies the applicant’s registration by the authority to engage in legal practice in the foreign country concerned and the date of registration; and

(c) describes anything done by the applicant in engaging in legal practice in that foreign country of which the authority is aware and that the authority believes has had or is likely to have had an adverse effect on the applicant’s professional standing within the legal profession of that place.

(4) The applicant must, if the law society so requires, certify in the application that the accompanying instrument is the original or a complete and accurate copy of the original.

(5) The law society may require the applicant to verify the statements in the application by statutory declaration or by other proof acceptable to the law society.

(6) If the accompanying instrument is not in English, it must be accompanied by a translation in English that is authenticated or certified to the satisfaction of the law society.