ACTIn ForceAct
Legal Profession Act 2006
178Amending, suspending or cancelling registration of
Start here
Get a plain-English read of 178
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2006.
178 Amending, suspending or cancelling registration of
(1) If the relevant council believes a ground exists to amend, suspend or
cancel a person’s registration by it as a foreign lawyer (the proposed
action), the relevant council must give the person a notice that—
(a) states the action proposed and—
(i) if the proposed action is to amend the registration—states
the proposed amendment; and
(ii) if the proposed action is to suspend the registration—states
the proposed suspension period; and
(b) states the grounds for proposing to take the proposed action; and
(c) outlines the facts and circumstances that form the basis for the
relevant council’s belief; and
(d) invites the person to make written representations to the relevant
council, not later than the end of a stated period of not less than
7 days and not more than 28 days after the day the holder is
given the notice, about why the proposed action should not be
taken.
(2) If, after considering all written representations made not later than the
end of the stated period and, in its discretion, written representations
made after the end of the stated period, the relevant council still
believes a ground exists to take the proposed action, the relevant
council may—
(a) if the notice under subsection (1) stated the proposed action was
to amend the registration—amend the registration in the way
stated or in a less onerous way the relevant council considers
appropriate because of the representations; or
(b) if the notice stated the proposed action was to suspend the
registration for a stated period—
(i) suspend the registration for a period no longer than the
stated period; or
(ii) amend the registration in a less onerous way the relevant
council considers appropriate because of the
representations; or
(c) if the notice stated the proposed action was to cancel the
registration—
(i) cancel the registration; or
(ii) suspend the registration for a stated period; or
(iii) amend the registration in a less onerous way the council
considers appropriate because of the representations.
(3) If the relevant council decides to amend, suspend or cancel the
person’s registration, the relevant council must give the person an
information notice about the decision.
(4) If the relevant council decides not to amend, suspend or cancel the
person’s registration, the relevant council must tell the person in
writing about the decision.
Division 2.7.6 Amendment, suspension or cancellation of local registration of foreign
amend, a person’s registration, means amend the registration under
section 193 (Conditions imposed on local registration by relevant
council) during its currency, otherwise than at the person’s request.