South Australian Current Acts

LEGAL PRACTITIONERS ACT 1981 - SECT 17A

17A—Conditions as to training etc

        (1)         A practising certificate will, if the rules made by LPEAC under this Act so require, be issued or renewed subject to conditions determined by LPEAC—

            (a)         requiring the holder of the certificate to undertake or obtain further education, training and experience required or determined under the rules; and

            (b)         limiting the rights of practice of the holder of the certificate until that further education, training and experience is completed or obtained.

        (2)         LPEAC may, on such terms as it thinks fit, determine that such conditions will not apply, either wholly or in part, in relation to any practitioner or practitioners of a particular class.

        (3)         If the holder of a practising certificate issued or renewed subject to conditions under subsection (1) fails to satisfy LPEAC, in accordance with the rules, of compliance with the conditions, LPEAC may determine—

            (a)         that further conditions (determined by LPEAC) are to be imposed; or

            (b)         that the practising certificate is to be cancelled, or is not to be renewed, and no new practising certificate is to be issued to the person until stipulated conditions have been complied with,

(and a determination under this subsection takes effect on a date fixed by LPEAC).

        (4)         LPEAC may delegate any of its functions or powers under this section to the Board of Examiners.

        (5)         A delegation under this section—

            (a)         must be in writing; and

            (b)         may be conditional or unconditional; and

            (c)         is revocable at will; and

            (d)         does not prevent LPEAC from acting in any matter.

        (6)         A decision of LPEAC or the Board of Examiners under this section may be appealed against to the Supreme Court by the person in relation to whom the decision was made or the Attorney-General or the Society.

        (7)         On such an appeal, the Supreme Court—

            (a)         may confirm, vary or reverse the decision of LPEAC or the Board of Examiners; and

            (b)         may make any consequential or ancillary order.

        (8)         For the purposes of this section insofar as it relates to a legal practitioner who is admitted and enrolled as a notary public under the Notaries Public Act 2016 , a reference to rules made by LPEAC includes rules made by LPEAC under that Act.