Australian Capital Territory Current Acts

LEGAL PROFESSION ACT 2006 - SECT 178

    (1)     If the relevant council believes a ground exists to amend, suspend or cancel a person's registration by it as a foreign lawyer (the proposed action ), the relevant council must give the person a notice that—

        (a)     states the action proposed and—

              (i)     if the proposed action is to amend the registration—states the proposed amendment; and

              (ii)     if the proposed action is to suspend the registration—states the proposed suspension period; and

        (b)     states the grounds for proposing to take the proposed action; and

        (c)     outlines the facts and circumstances that form the basis for the relevant council's belief; and

        (d)     invites the person to make written representations to the relevant council, not later than the end of a stated period of not less than 7 days and not more than 28 days after the day the holder is given the notice, about why the proposed action should not be taken.

    (2)     If, after considering all written representations made not later than the end of the stated period and, in its discretion, written representations made after the end of the stated period, the relevant council still believes a ground exists to take the proposed action, the relevant council may—

        (a)     if the notice under subsection (1) stated the proposed action was to amend the registration—amend the registration in the way stated or in a less onerous way the relevant council considers appropriate because of the representations; or

        (b)     if the notice stated the proposed action was to suspend the registration for a stated period—

              (i)     suspend the registration for a period no longer than the stated period; or

              (ii)     amend the registration in a less onerous way the relevant council considers appropriate because of the representations; or

        (c)     if the notice stated the proposed action was to cancel the registration—

              (i)     cancel the registration; or

              (ii)     suspend the registration for a stated period; or

              (iii)     amend the registration in a less onerous way the council considers appropriate because of the representations.

    (3)     If the relevant council decides to amend, suspend or cancel the person's registration, the relevant council must give the person an information notice about the decision.

    (4)     If the relevant council decides not to amend, suspend or cancel the person's registration, the relevant council must tell the person in writing about the decision.

    (5)     In this section:

"amend", a person's registration, means amend the registration under section 193 (Conditions imposed on local registration by relevant council) during its currency, otherwise than at the person's request.