Legal Profession Act 2007

This section applies if a person considers a matter may adversely affect an assessment as to whether the person is a fit and proper person to be admitted to the legal profession under this Act.

The person may apply, in the approved form, to the board for a declaration that a matter stated in the application, including, for example, a suitability matter, will not, without more, adversely affect the board’s assessment as to whether the person is a fit and proper person to be admitted to the legal profession under this Act.

The board must consider the application and do 1 of the following—

make the declaration;

refer the application to the tribunal for a direction if the board considers a direction would be appropriate;

refuse to make the declaration.

A declaration made under subsection (3)(a), or under a direction mentioned in subsection (3)(b), is binding on the board unless the applicant failed to make a full and fair disclosure of all matters relevant to the declaration sought.

If the board decides to refuse to make the declaration sought—

the board must give the applicant an information notice about the refusal; and

the applicant may appeal to the Supreme Court against the refusal within 28 days after the day the information notice is given to the applicant.