Legal Practitioners Act 1981

Subject to this section, if a legal practitioner is a party to an agreement or arrangement to employ or engage, in connection with the practitioner's legal practice—

a person whose practising certificate is under suspension (whether a practising certificate under this Act or an interstate practising certificate); or

a person whose name has been struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating

It is a defence to a charge of an offence under subsection (1) to prove that the defendant did not know, and could not reasonably be expected to have known, that the person's practising certificate was under suspension or that the person's name had been struck off a roll of legal practitioners.

On application, the Tribunal may authorise a legal practitioner to be a party to an agreement or arrangement of a kind referred to in subsection (1), subject to conditions (if any) specified by the Tribunal.

An application for such an authorisation may be made to the

a legal practitioner; or

a person whose practising certificate is under suspension or whose name has been struck off a roll of legal practitioners.

The Tribunal may grant such an authorisation in its discretion but only if satisfied—

that the person to be employed or engaged will not practise the profession of the law; and

that granting the authorisation on the specified conditions (if any) is not likely to create a risk to the public.

For the purposes of a hearing of an application under this section, the Tribunal is constituted of a panel of three of its members chosen by the presiding member (one of whom may be the presiding member).

The Tribunal must give to the Commissioner, and to any person on whose application a hearing is to be held, not less than seven days written notice of the time and place at which it intends to conduct the hearing, and must afford the Commissioner, and any such person, a reasonable opportunity to call and give evidence, to examine witnesses, and to make submissions to the

Subject to this section, sections 80,

Where an application is granted by the Tribunal, and the Tribunal or the Supreme Court is satisfied that an appeal against the authorisation has been instituted, or is intended, it may suspend the operation of the authorisation until the determination of the appeal.

Where the Tribunal has suspended the operation of an authorisation under subsection (9), the Tribunal may terminate the suspension, and where the Supreme Court has done so, the Supreme Court may terminate the suspension.

A legal practitioner must comply with any conditions imposed on an authorisation by the Tribunal or the Supreme Court. Maximum penalty: $10 000.

A legal practitioner is not guilty of an offence against this section in relation to an agreement or arrangement to which the practitioner is a party at the commencement of this section if—

the agreement or arrangement is authorised under this section on an application made within 12 months after that commencement; and

the legal practitioner complies with any conditions imposed on the authorisation.