AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 65

Amending, suspending or cancelling local practising certificate

(1)  If the prescribed authority believes a ground exists to amend, suspend or cancel a local practising certificate (the " proposed action " ), the prescribed authority 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 prescribed authority’s belief; and
(d) invites the holder to make written representations to the prescribed authority, within a specified time of not less than 7 days and not more than 28 days, as to why the proposed action should not be taken.
(2)  If, after considering all written representations made within the specified time and, in its discretion, written representations made after the specified time, the prescribed authority still believes a ground exists to take the proposed action, the prescribed authority may –
(a) if the notice under subsection (1) stated the proposed action was to amend the local practising certificate, amend the certificate in the way stated or in a less onerous way the prescribed authority considers appropriate because of the representations; or
(b) if the notice stated the proposed action was to suspend the local practising certificate for a specified period –
(i) suspend the certificate for a period no longer than the specified period; or
(ii) amend the certificate in a less onerous way the prescribed authority considers appropriate because of the representations; or
(c) if the notice stated the proposed action was to cancel the local practising certificate –
(i) cancel the certificate; or
(ii) suspend the certificate for a period; or
(iii) amend the certificate in a less onerous way the prescribed authority considers appropriate because of the representations.
(3)  If the prescribed authority decides to amend, suspend or cancel the local practising certificate, the prescribed authority must give the holder an information notice about the decision.
(4)  In this section –
amend a local practising certificate means amend the certificate under section 56 (Conditions imposed by prescribed authority) during its currency, other than at the request of the holder of the certificate.

Note. Section 68 provides for immediate suspension of local practising certificates.



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