Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 61

61 Amending, suspending or cancelling a local practising certificate

(1) If the relevant regulatory authority believes a ground exists to amend, suspend or cancel a person’s local practising certificate (the
"proposed action" ), the authority must give the person a notice (the
"show cause notice" ) that—

(a) states the proposed action and—

(i) if the proposed action is to amend the certificate—states the proposed amendment; and

(ii) if the proposed action is to suspend the certificate—states the proposed suspension period; and

(b) states the grounds for proposing to take the proposed action; and

(c) outlines the facts and circumstances that form the basis for the authority’s belief; and

(d) invites the certificate holder to make written representations to the authority, within a stated time of not less than 28 days, as to why the proposed action should not be taken.

(2) If, after considering all written representations made within the stated time or, in its discretion after the stated time, the regulatory authority still believes a ground exists to take the proposed action, the authority may—

(a) if the show cause notice stated the proposed action was to amend the practising certificate—amend the certificate in the way stated, or in a less onerous way the authority considers appropriate because of the written representations; or

(b) if the show cause notice stated the proposed action was to suspend the practising certificate for a stated period—

(i) suspend the certificate for a period no longer than the stated period; or

(ii) amend the certificate in a less onerous way the authority considers appropriate because of the written representations; or

(c) if the show cause notice stated the proposed action was to cancel the practising certificate—

(i) cancel the certificate; or

(ii) suspend the certificate for a period; or

(iii) amend the certificate in a less onerous way the authority considers appropriate because of the written representations.

(3) If the regulatory authority decides to amend, suspend or cancel the local practising certificate—

(a) the authority must give the certificate holder an information notice about the decision; and

(b) the certificate holder may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.

(4) In this section—

"amend" , in relation to a local practising certificate, means amend or impose a condition that a regulatory authority may impose at the time of granting a local practising certificate, as mentioned in section 53 , otherwise than at the request of the holder of the certificate.