Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 11

Suitability matters

    (1)     Each of the following is a suitability matter for an individual:

        (a)     whether the person is currently of good fame and character;

        (b)     whether the person is or has been an insolvent under administration;

        (c)     whether the person is, or was, a legal practitioner director of an incorporated legal practice while the practice is or was a Chapter 5 body corporate;

        (d)     whether the person has been convicted of an offence in Australia or a foreign country, and if so—

              (i)     the nature of the offence; and

              (ii)     how long ago the offence was committed; and

              (iii)     the person's age when the offence was committed;

Note 1     The admission rules may make provision for the convictions that must be disclosed by an applicant and those that need not be disclosed.

Note 2     Section 13 (References to conviction and quashing of conviction) provides that reference to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.

        (e)     whether the person engaged in legal practice in Australia—

              (i)     when not admitted, or not holding a practising certificate, as required under this Act or a previous territory law that corresponds to this Act or under a corresponding law; or

              (ii)     if the person was admitted—in contravention of a condition of admission; or

              (iii)     if the person held an Australian practising certificate— in contravention of a condition of the certificate or while the certificate was suspended;

        (f)     whether the person has practised law in a foreign country—

              (i)     when not permitted under a law of that country to do so; or

              (ii)     if permitted to do so, in contravention of a condition of the permission;

        (g)     whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following:

              (i)     this Act or a previous territory law that corresponds to this Act;

              (ii)     a corresponding law or corresponding foreign law;

        (h)     whether the person—

              (i)     is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or

              (ii)     has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt;

              (i)     whether the person's name has been removed from—

              (i)     a local roll, and has not since been restored to or entered on a local roll; or

              (ii)     an interstate roll, and has not since been restored to or entered on an interstate roll; or

              (iii)     a foreign roll;

        (j)     whether the person's right to engage in legal practice has been suspended or cancelled in Australia or a foreign country;

        (k)     whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts;

        (l)     whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person;

        (m)     whether the person is or has been subject to an order, under this Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice;

        (n)     whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner.

    (2)     A matter is a suitability matter even if it happened before the commencement of this section.



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