Western Australian Current Acts Western Australian Current Acts (1) In this section
—
reviewable decision means a decision of the Legal
Practice Board made before commencement day —
(a) to
refuse to grant or renew a local practising certificate under section 45(1) or
63(1) of the old Act; or
(b) to
amend, suspend or cancel a local practising certificate under section 56(3) or
63(1) of the old Act; or
(c) to
refuse a request to amend a local practising certificate under section 59(1)
of the old Act; or
(d) that
a person is not entitled to apply for the grant of a local practising
certificate for a specified period under section 64(2) of the old Act.
(2) If an application
for a review of a reviewable decision was made before commencement day to the
State Administrative Tribunal under section 78 of the old Act and the Tribunal
has not made a final decision on the application before commencement day, the
Tribunal may decide, having regard to what is appropriate in the circumstances
of the case —
(a) to
continue to deal with the matter under section 78 of the old Act as if it had
not been repealed; or
(b) to
deal with the matter under the Legal Profession Uniform Law (WA) section 100
as if the reviewable decision were a decision to which section 100(1) of the
Law applies.
(3) Subsection (4)
applies if —
(a)
before commencement day, a person has not applied for a review of a reviewable
decision made before commencement day; and
(b)
immediately before commencement day, the person was not precluded from seeking
a review under the old Act for any reason (including, for example, that the
time limit for making the application has expired).
(4) The reviewable
decision is taken, on and from commencement day, to be a decision referred to
in the Legal Profession Uniform Law (WA) section 100(1).