Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 197

197 Immediate suspension of registration

(1) This section applies, despite sections 188 and 189 , if the law society considers it necessary in the public interest to immediately suspend a person’s registration as a foreign lawyer.

(2) The law society may immediately suspend the person’s registration for any of the following reasons, whether they happened before or after the commencement of this section—

(a) the locally registered foreign lawyer has become an insolvent under administration;

(b) the locally registered foreign lawyer has been convicted of a serious offence or tax offence;

(c) a ground exists on which the certificate could be suspended or cancelled under section 188 .

(3) The law society suspends the person’s registration by giving an information notice to the person about the law society’s decision to suspend.

(4) The information notice must also state that the person may make written representations to the law society about the suspension.

(5) Subject to subsection (8) , the person’s registration continues to be suspended until the earlier of the following—

(a) the time at which the law society informs the person of the law society’s decision by information notice under section 188 ;

(b) the end of 56 days after the information notice is given to the person under this section.

(6) If the person makes written representations to the law society about the suspension, the law society must consider the written representations.

(7) The law society may revoke the suspension at any time, whether or not because of written representations made to it by the person.

(8) Also—

(a) the law society may apply, as provided under the QCAT Act , to the tribunal for an order extending the period of the suspension; and

(b) if the tribunal considers it appropriate and the suspension has not ended under subsection (5) , the tribunal may extend the period of the suspension for a further period of not more than a further 56 days after the date of the tribunal’s order.

(9) The law society must give the person written notice about its decision to apply under subsection (8) for an order extending the period of the suspension.