Western Australian Current Regulations Western Australian Current Regulations (1) The designated
local regulatory authority may disqualify a person specified in
rule 65(2)(a)–(e) as a person who may be appointed as an external
examiner under Part 4.2 of the Uniform Law.
(2) Without limiting
the grounds on which the designated local regulatory authority may disqualify
a person under this rule, the authority may disqualify the person on any of
the following grounds —
(a) that
the person has failed to adequately and properly perform the duties of an
external examiner,
(b)
that, having regard to the circumstances, the person is not a competent or
suitable person to discharge the duties of an external examiner.
(3) It is sufficient
to meet the ground specified in subrule (2)(a) if the person, in the capacity
of an external examiner —
(a)
fails to report to the designated local regulatory authority a pattern or
suspected pattern of non‑compliance with section 147(2) of the
Uniform Law, repeated or suspected repeated non‑compliance by a law
practice with obligations under section 147(3) and (4) of the Uniform Law
or any other matter required to be reported under section 154 of the
Uniform Law, or
(b)
fails to report to the designated local regulatory authority a breach of
section 148 of the Uniform Law.
(4) It is sufficient
to meet the ground specified in subrule (2)(b) if the person —
(a) does
not have full mental or legal capacity, or
(b) has
been found guilty of, or is being proceeded against, for an offence, or
(c) has
been the subject of an adverse finding relating to the person’s
professional conduct or is subject to disciplinary or other civil proceedings
relating to the person’s professional conduct, or
(d) has
ceased to be qualified for appointment as an external examiner.
(5) Nothing in subrule
(3) or (4) limits the operation of subrule (2).
(6) If the designated
local regulatory authority proposes to disqualify a person under this rule,
the authority must give written notice to the person of the proposed
disqualification and invite the person to make submissions as to why the
person should not be disqualified.
(7) The written notice
is to specify the reasons for the proposed disqualification and set out the
period within which any submissions are to be made.
(8) The designated
local regulatory authority is to consider any submissions made within the
specified period before determining whether or not to disqualify the person
under this rule.
(9) A law practice
must terminate the appointment of a person as an external examiner if the
person is disqualified under this rule.
(10) The designated
local regulatory authority may at any time, on the application of a person
disqualified under this rule, revoke the person’s disqualification if it
is satisfied that it is appropriate to do so in the circumstances of the case.
(11) The designated
local regulatory authority may, if it thinks that it is necessary in the
circumstances of the case, direct that an external examiner cease to examine
the trust records of a law practice. The direction may be revoked by the
authority.
(12) A
disqualification, revocation or direction under this rule —
(a) is
to be by written notice served on the affected person, and
(b)
takes effect on the day the notice is served on the person or on any later day
specified in the notice.
(13) A copy of a
disqualification, revocation or direction under this rule is also to be served
on any law practice that has appointed the person as an external examiner and
each other local regulatory authority.