Legal Profession Act 2006

Each of the following is a suitability matter for an individual:

whether the person is currently of good fame and character;

whether the person is or has been an insolvent under administration;

whether the person is, or was, a legal practitioner director of an incorporated legal practice while the practice is or was a Chapter 5 body corporate;

whether the person has been convicted of an offence in Australia or a foreign country, and if so—

the nature of the offence; and

how long ago the offence was committed; and

the person’s age when the offence was committed;

Note 1 The admission rules may make provision for the convictions that must be disclosed by an applicant and those that need not be disclosed.

Note 2 Section 13 (References to conviction and quashing of conviction) provides that reference to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.

whether the person engaged in legal practice in Australia—

when not admitted, or not holding a practising certificate, as required under this Act or a previous territory law that corresponds to this Act or under a corresponding law; or

if the person was admitted—in contravention of a condition of admission; or

if the person held an Australian practising certificate— in contravention of a condition of the certificate or while the certificate was suspended;

whether the person has practised law in a foreign country—

when not permitted under a law of that country to do so; or

if permitted to do so, in contravention of a condition of the permission;

whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following:

this Act or a previous territory law that corresponds to this Act;

a corresponding law or corresponding foreign law;

whether the person—

is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or

has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt;

whether the person’s name has been removed from—

a local roll, and has not since been restored to or entered on a local roll; or

an interstate roll, and has not since been restored to or entered on an interstate roll; or

a foreign roll;

whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country;

whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts;

whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person;

whether the person is or has been subject to an order, under this Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice;

whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner.

A matter is a suitability matter even if it happened before the commencement of this section.