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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 19
Compliance certificates
19 Compliance certificates
(1) A person may apply, in accordance with the Admission Rules, to the
designated local regulatory authority for a compliance certificate if the
person proposes to be admitted in this jurisdiction. Note: Section 474(2)
contemplates that jurisdictional legislation may fix fees for payment in
relation to any function of the Supreme Court, the designated tribunal or a
local regulatory authority under this Law or the Uniform Rules. This could,
for example, extend to processing an application for a compliance certificate.
(2) The designated local regulatory authority may require an applicant for a
compliance certificate to provide further information to it within a specified
time.
(3) The designated local regulatory authority may issue and provide to
the Supreme Court a compliance certificate stating that the applicant has
satisfied it that he or she- (a) has satisfied the specified academic
qualifications prerequisite and the specified practical legal training
prerequisite (or is exempted under section 18); and
(b) is a fit and proper
person to be admitted to the Australian legal profession (as referred to in
section 17(1)(c)).
(4) The designated local regulatory authority may revoke a
compliance certificate issued in respect of a person if satisfied that the
certificate was issued on the basis of information provided by the person that
was false, misleading or incomplete in a material particular or that the
certificate was issued in error. The designated local regulatory authority
must notify the person of the revocation of the compliance certificate.
(5)
However, revocation of a compliance certificate under this section does not of
itself affect the person’s admission if he or she is already admitted.
(6)
The designated local regulatory authority must ensure that notice is given, in
accordance with the Admission Rules, on an appropriate website of an
application for admission.
(7) Any person may object to the designated local
regulatory authority against the issue by it of a compliance certificate to a
particular person.
(8) The designated local regulatory authority is not to
issue a compliance certificate until after it- (a) has given notice under
subsection (6) of the application; and
(b) has afforded a reasonable
opportunity for persons to object to the issue of the certificate; and
(c)
has- (i) given the applicant a copy of each objection that is received within
a reasonable period and that the designated local regulatory authority
considers affects the applicant’s eligibility or suitability for admission;
and
(ii) afforded the applicant an opportunity to respond to each objection
referred to in subparagraph (i) within a reasonable period specified by the
designated local regulatory authority and notified to the applicant; and
(d)
has considered all objections received within a reasonable period as
contemplated by paragraph (b) and all responses received from the applicant
within the specified period as contemplated by paragraph (c).
(9) Failure to
give notice under subsection (6), or to give notice in accordance with the
Admission Rules, does not affect the validity of the applicant’s admission.
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