Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 56

Amending, suspending or cancelling local practising certificate

    (1)     If the relevant council believes a ground exists to amend, suspend or cancel a local practising certificate (the proposed action ), the council must give the holder a notice that—

        (a)     states the proposed action, and—

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

              (ii)     if the proposed action is to suspend the certificate—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 council's belief; and

        (d)     invites the holder to make written representations to the 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 council may—

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

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

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

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

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

              (i)     cancel the certificate; or

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

              (iii)     amend the certificate 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 practising certificate, the council must give the holder an information notice about the decision.

    (4)     If the relevant council decides not to amend, suspend or cancel the practising certificate, the council must, by written notice, tell the holder about the decision.

    (5)     In this section:

"amend", a certificate, means amend the certificate under section 47 (Conditions imposed on local practising certificate by relevant council) during its currency, otherwise than at the request of the holder of the certificate.



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