Victorian Consolidated Regulations

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2018 - REG 4.30

Classes of persons disqualified from being a professional advocate

    (1)     For the purposes of section 62(8) of the Act, a person is disqualified from being a professional advocate if—

        (a)     the person, being or having been a legal practitioner, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise; or

        (b)     the person, being or having been a licensed estate agent or an agent's representative under the Estate Agents Act 1980 , has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise as a licensed estate agent or an agent's representative under that Act; or

        (c)     the person, either not being or having been a legal practitioner, or a licensed estate agent or an agent's representative under the Estate Agents Act 1980 , has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth or under the rules of a professional or occupational association or other body relevant to the person and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional or occupational standards.

    (2)     A person referred to in subrule (1)(c) is disqualified from being a professional advocate unless a Presidential member makes an order that the professional misconduct (by whatever name called) or breach of professional standard was not of such gravity as to justify the disqualification of the advocate.



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