Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“applicant for admission” means an
applicant for admission to the legal profession under this Act;
"prospective applicant for admission" means a
person who is undertaking or is eligible to undertake or has completed a
course of legal studies but who is not an applicant for admission;
“relevant person” means —
(a) an
applicant for admission; or
(b) a
prospective applicant for admission; or
(c)
another person who has a sufficient interest in applying for a declaration
under this section.
(2) A relevant person
may apply to the Board for a declaration that a matter disclosed (including,
for example, a suitability matter) either in —
(a) the
application for the declaration; or
(b) an
undecided application for admission to the legal profession under this Act,
will not, without
more, adversely affect an assessment by the Board as to whether the person is
a fit and proper person to be admitted.
(3) The Board must
consider each application under this section and, subject to section 24,
make the declaration sought or refuse to do so.
(4) A declaration made
under this section is binding on the Board unless the applicant failed to make
a full and fair disclosure of all matters relevant to the declaration sought.
(5) Any costs of the
Board under this section are to be borne by the person who made the
application for the declaration.
(6) If the Board
refuses to make the declaration sought, the applicant for the declaration may
apply to the State Administrative Tribunal for a review of the decision.