Victorian Current Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 88B

Suspension or revocation of approval of clerk for other reasons

    (1)     The Victorian Legal Services Board may, in accordance with this section, revoke, or suspend for a specified period, an approval of a natural person under section 88(1) if—

        (a)     the person—

              (i)     is convicted of a serious offence or a tax offence; or

              (ii)     contravenes a law or rule referred to in section 88(1B)(c); or

        (b)     a bankruptcy-related event occurs in relation to the person; or

        (c)     the Board reasonably believes that the person is no longer a fit and proper person to receive trust money as described in section 88(1).

    (2)     If the Victorian Legal Services Board considers that an approval of a natural person under section 88(1) should be revoked or suspended, the Board must give the person notice in writing—

        (a)     stating—

              (i)     that the Board proposes to take that action; and

              (ii)     the ground or grounds for the proposed action; and

        (b)     if the Board proposes to suspend the approval, stating the proposed period of suspension; and

        (c)     inviting the person to respond in writing to the Board within a specified period (not being less than 7 days nor more than 28 days after the notice is given) as to why the proposed action should not be taken.

    (3)     The Victorian Legal Services Board must not revoke or suspend an approval of a natural person under section 88(1) unless—

        (a)     the Board has given the approved person a notice under subsection (2); and

        (b)     the time specified in the notice for a response from the person has expired; and

        (c)     the Board has considered the person's response (if any).

    (4)     The Victorian Legal Services Board must not revoke an approval of a natural person under section 88(1) unless the notice given under subsection (2) states that the Board proposes to revoke the approval.

    (5)     The Victorian Legal Services Board must not suspend an approval of a natural person under section 88(1) for a specified period unless the notice given under subsection (2) states that the Board proposes—

        (a)     to suspend the approval for that period or for a longer period; or

        (b)     to revoke the approval.

    (6)     A revocation or suspension under subsection (1) is to be made by giving the person a further notice in writing.



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