Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 559

Ending appointments of members

    (1)     The Supreme Court may, on the application of the Attorney-General, end the appointment of a member of the admissions board—

        (a)     for misbehaviour; or

        (b)     for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions.

    (2)     The Supreme Court may end the appointment of a member of the admissions board—

        (a)     if the member contravenes a territory law; or

        (b)     for misbehaviour; or

        (c)     if the member becomes bankrupt or executes a personal insolvency agreement; or

        (d)     if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

        (e)     if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

        (f)     if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member's functions; or

        (g)     if the member stops being a lawyer; or

        (h)     if the member is absent from 3 consecutive meetings of the admissions board except on leave given by the board.

Note     A person's appointment also ends if the person resigns (see Legislation Act

, s 210).

    (3)     The Supreme Court may also end the appointment of the member if the board tells the Supreme Court in writing that it has resolved, by a majority of at least 2 / 3 of the members, to recommend that the member's appointment be ended.

    (4)     The admissions board may pass a resolution mentioned in subsection (3) in relation to the member only if—

        (a)     at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member; and

        (b)     the member has been given an opportunity to make submissions and present documents to a meeting of the board; and

        (c)     if the member has used the opportunity mentioned in paragraph (b)—a summary of the member's submissions is recorded in the minutes of the board and a copy of any documents presented is included in the minutes.



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