New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 82

82 Grounds for action under this Division

(1) The designated local regulatory authority may vary, suspend or cancel a certificate under this Division on the ground that--

(a) the holder has contravened a condition of the certificate; or

(b) the holder has failed without reasonable excuse to comply with a requirement under Chapter 7 made in connection with an investigation of the holder in connection with this Chapter or has committed an offence under Chapter 7 in connection with any such investigation; or

(c) a local regulatory authority has made a recommendation to that effect under section 278, 299(1)(g) or 466(7); or

(d) in the case of an Australian practising certificate--the designated local regulatory authority reasonably believes that the holder is unable to fulfil the inherent requirements of an Australian legal practitioner.

Note: Section 227 empowers the designated local regulatory authority to suspend an Australian practising certificate or Australian registration certificate for failure to pay an annual contribution or a levy.

(2) The designated local regulatory authority may vary or suspend a certificate under this Division (if it considers it appropriate to do so having regard to the seriousness of the offence concerned and to the public interest) on the ground that the holder has been charged with a serious offence, a tax offence or an offence specified in the Uniform Rules for the purposes of this section and--

(a) the charge has not been determined; or

(b) the holder has been convicted of the offence but proceedings taken or likely to be taken in relation to the offence have not been concluded.

(3) The variation or suspension referred to in subsection (2) has effect until the earliest of the following occurs--

(a) the designated local regulatory authority revokes it;

(b) the end of the period specified by the designated local regulatory authority;

(c) if the holder is convicted of the offence--28 days after the day of the conviction;

(d) if the charge is dismissed--the day of the dismissal.

(4) The designated local regulatory authority may recommend to another designated local regulatory authority that consideration be given as to whether the holder of an Australian practising certificate is, or may be, unable to fulfil the inherent requirements of an Australian legal practitioner (as referred to in subsection (1)(d)).

(5) Subsection (4) does not by implication limit the powers of any local regulatory authority.