South Australian Current Acts South Australian Current Acts20AD—Amending, suspending or cancelling practising certificates
(1) The Supreme Court
may, on the application of the Attorney-General, the Society or the
Commissioner, make an order amending, suspending or cancelling a practising
certificate if the Court considers that a ground exists for the amendment,
suspension or cancellation.
(2) An application
under this section—
(a) must
be served on the holder of the certificate in accordance with the rules of the
Supreme Court; and
(b)
must—
(i)
specify the order sought by the applicant (including
details of any amendment or suspension period proposed in the application);
and
(ii)
state the ground for seeking the proposed order; and
(iii)
invite the holder to make written representations to the
Court, within a time specified by the Court of not less than 7 days and
not more than 28 days, as to why the order should not be made.
(3) If, after
considering all written representations made within the specified time and, in
its discretion, written representations made after the specified time, the
Supreme Court considers that a ground exists to—
(a) make
an order amending, suspending or cancelling the certificate as proposed in the
application; or
(b) make
an order for the amendment or suspension of the certificate that is less
onerous than the order proposed in the application,
the Court may make the order.
(4) If the Supreme
Court makes an order amending, suspending or cancelling the
practising certificate, the Court must give the holder a written notice about
the order setting out—
(a) the
terms of the order; and
(b) the
reasons for the order.
Note—
Under some provisions of this Act, a practising certificate is taken to be
suspended by force of the provision. See, for example, section 19(1) and
Schedule 1 clause 12(2).
This section does not derogate from the power of LPEAC to cancel a
practising certificate under section 17A.