AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 87

Consideration and investigation of applicants or holders

(1)  To help it consider whether or not to grant, renew, amend, suspend or cancel a local practising certificate, the prescribed authority may, by notice to the applicant or holder, require the applicant or holder –
(a) to give it specified documents or information; or
(b) to co-operate with any inquiries by the prescribed authority that it considers appropriate; or
(c) to be medically examined by a medical practitioner nominated by the prescribed authority and to provide to the prescribed authority a report of that examination, at the applicant's or holder's expense; or
(d) to obtain from the Commissioner of Police, at the applicant's or holder's expense, a report in relation to the criminal record (if any) of the applicant or holder in this or any other jurisdiction, including the Commonwealth and to provide that report to the prescribed authority.
(2)  A failure to comply with a notice under subsection (1) by the date specified in the notice and in the way required by the notice is a ground for making a decision adverse to the applicant or holder in relation to the action being considered by the prescribed authority.
(3)  Without limiting subsection (2) , a failure to comply with a requirement under subsection (1)(c) or (d) may be accepted by the prescribed authority as evidence of the unfitness of the person to engage in legal practice.
(4)  A report of a medical examination of an applicant or holder is not admissible in any proceeding, and a person cannot be compelled to produce the report or to give evidence about the report or its contents in any proceeding.
(5)  Subsection (4) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in a proceeding with the consent of the applicant or holder to whom the report relates.
(6)  Subsection (1) does not apply in relation to a proceeding on a review or appeal by the applicant or holder against a decision of the prescribed authority, or of a decision of a corresponding authority in another jurisdiction –
(a) refusing to grant or renew a local practising certificate; or
(b) imposing conditions on a local practising certificate; or
(c) amending, suspending or cancelling a local practising certificate.



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